DISCUSSION
Effective January 1, 2022, LEAs within California are required to abide by the rules set forth within AB 481, defining military equipment, requiring approval by the City Council and public engagement for the use and acquisition of military equipment. AB 481 requires a LEA to make public its Policy on the LEA website for at least thirty (30) days before a mandatory public hearing where the public may comment on the Policy before City Council decides to adopt an Ordinance formally establishing the Policy. The Policy was posted to the MPD website on May 27, 2022.
“Military equipment” as defined under AB 481 includes, but is not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. Notwithstanding the definition stated above, “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency, per Government Code section 7070(c)(16).
The MPD does not currently have any military equipment that is prohibited or controlled by the Federal Defense Logistics Agency. The Montebello Police Department has followed the requirements per AB 481 in creating a Military Equipment Use Policy (MPD Policy 707) and have posted it to the MPD’s website for the public to view, provide comments, complaints, and concerns.
SUMMARY
Staff recommends that the City Council approve the attached Military Use Policy and provide direction to the MPD to introduce an Ordinance to adopt the Policy after the Policy has been posted on the MPD’s website for at least thirty (30) days.
ATTACHMENT:
A. Attachment A – Montebello Police Department Military Equipment Use Policy 707 Copyright Lexipol, LLC 2022/03/20, All Rights Reserved.
Published with permission by Montebello Police Department Military Equipment - 1
Policy
707
Montebello Police Department
Montebello PD Policy Manual
Military Equipment
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072) for the Montebello Police Department (“Department”). 707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department. Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue handguns.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
ATTACHMENT A
Copyright Lexipol, LLC 2022/03/20, All Rights Reserved.
Published with permission by Montebello Police Department Military Equipment - 2
Montebello Police Department
Montebello PD Policy Manual
Military Equipment
707.2 POLICY
It is the policy of the Montebello Police Department that members of this Department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Montebello Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the [department/office]’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
• The Montebello Police Department does not currently have any "Military Equipment" that is prohibited or controlled by the Federal Defense Logistics Agency per CA Government Code 7070(c)(16).
707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Copyright Lexipol, LLC 2022/03/20, All Rights Reserved.
Published with permission by Montebello Police Department Military Equipment - 3
Montebello Police Department
Montebello PD Policy Manual
Military Equipment
Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 707.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in Department inventory. 707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. Any member of the public can submit a question, comment or concern by contacting the Montebello Police Department.
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Alicia Fernandez, Deputy City Clerk
SUBJECT: Adopt Resolutions for the Conduct of the General Municipal Election – November 8, 2022
DATE: June 22, 2022
RECOMMENDATIONS:
It is recommended that the City Council:
1) Approve Resolution No. 22-55 calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities; and
2) Approve Resolution No. 22-56 requesting the Board of Supervisors of the County of Los Angeles to render full services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, November 8, 2022; and 3) Approve Resolution No. 22-57 requesting the Board of Supervisors of the County of Los Angeles to consolidate a General Municipal Election to be held on Tuesday, November 8, 2022 with other Los Angeles County and State of California elections to be held on the date pursuant to § 10403 of the Elections Code; and 4) Approve Resolution No. 22-58 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 8, 2022; and
5) Approve Resolution No. 22-59 providing for a procedure for determining by lot a tie among candidates at the November 8, 2022 General Municipal Election in accordance with Elections Code Section 15651.
ITEM #_20___
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Adopt Resolutions for the Conduct of the General Municipal Election – November 8, 2022
FISCAL IMPACT
The actual cost of the November, 2022 General Municipal Election is uncertain.
Historically, budgets are prepared which provide for an estimated cost, since the actual cost is unknown until after the election is completed and an invoice is received from the County of Los Angeles. Over the last three fiscal years, the actual cost of elections has been: $291,492, 126,271 and $107,563 (Fiscal Years 2018-19, 2019-20, and 2020-21.
The Fiscal Year 2022-23 adopted budget includes $200,000 for the November, 2022 election. Based on prior year data, this appears to be a reasonable estimate of final costs.
Due to the ongoing circumstances surrounding COVID-19, the Los Angeles County Registrar-Recorder/County Clerk’s (RR/CC) office is continuing mail ballot which increases the cost of the election (versus prior years). City Clerk Staff will work closely with the County Registrar-Recorder to properly account for all municipal election results.
BACKGROUND
On Tuesday, November 8, 2022, a General Municipal Election is scheduled to be held for all five (5) City Council District seats in the City of Montebello. Those persons elected to Districts No. 1, 3 and 5 will serve a four (4) year term expiring in November 2026. Those persons elected to Districts 2 and 4 will serve a two (2) year term expiring in November 2024. The two current City Councilmembers who were elected by an “at-large” election process in November 2020 will continue to serve until the completion of their term ending in November 2024.
State law suggests Monday, July 11, 2022 as the last day on which to approve Resolutions related to the November 8, 2022 election. Presented for City Council review and approval are a series of Resolutions which will have the effect of calling the election, requesting election related services with the Los Angeles County Registrar-Recorder County Clerk Elections Division, setting forth regulations for candidates’ statements, and providing a procedure for determining by lot a tie among candidates at the November 8, 2022 General Municipal Election pursuant to § 15651 of the Elections Code.
Pursuant to the Federal Voting Rights Act, Los Angeles County is required to make voting material available in English, Spanish, Japanese, Chinese, Korean, Tagalog and Vietnamese. Materials in each of these required languages will be made available upon request. In addition, the sample ballot will contain instruction on how voting information in the required languages can be obtained via telephone at no cost to the voter. The demographics of Montebello also require that the Voter’s Pamphlet be translated and printed in Spanish and English, as well as English.
If a candidate chooses to have a Candidate’s Statement in the sample ballot, the candidate will be required to pay for printing of the statement in English and have the CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Adopt Resolutions for the Conduct of the General Municipal Election – November 8, 2022
option of printing the Candidate Statement in any other language. There will be a separate charge for the translation and printing.
With approval of the items presented with this staff report, Election Code requirements will be satisfied. Pursuant to the schedule of election events prepared by the County Elections Department, the candidate filing period will open Monday, July 18, 2022, and will close Friday, August 12, 2022, at 5:00 p.m. If an incumbent fails to file by Friday, August 12, 2022, the filing period will be extended to Wednesday, August 17, 2022 at 5:00 p.m. The Secretary of State’s office will conduct the randomized alphabet drawing on Thursday, August 18, 2022 to determine the order of names on the City’s ballot.
SUMMARY
Staff recommends that the City Council adopt the five (5) resolutions required to comply with the Elections Code and Los Angeles County operational schedule with regard to the upcoming November 2022 election.
ATTACHMENTS:
A. Attachment A – Resolution No. 22-55
B. Attachment B – Resolution No. 22-56
C. Attachment C – Resolution No. 22-57
D. Attachment D – Resolution No. 22-58
E. Attachment E – Resolution No. 22-59
ATTACHMENT A
RESOLUTION NO. 22-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, CALLING FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES
RECITALS
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 8, 2022, for the election of Municipal Officers.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Montebello, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing five (5) Members of the City Council, one (1) from each of the five (5) City Council districts. City Council seats for Districts 2 and 4 will be placed on the ballot for two (2) year terms, set to expire November 2024, and City Council seats for Districts 1, 3 and 5 will be placed on the ballot for four (4) year terms, set to expire in 2026.
SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall open at seven (7) o’clock a.m. of the day of the election and shall remain open continuously from that time until eight (8) o’clock p.m. of the same day when the polls shall be closed pursuant to Election Code §10242, except as provided in § 14212, 14401 of the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
RESOLUTION NO. 22-55
SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
SECTION 8. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
APPROVED AND ADOPTED this 22nd day of June 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-55 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 22nd day of June 2022 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
ATTACHMENT B
RESOLUTION NO. 22-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER
FULL SERVICES TO THE CITY RELATING TO THE CONDUCT OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022
RECITALS
WHEREAS, a General Municipal Election is to be held in the City of Montebello, California, (the “City”) on Tuesday, November 8, 2022; and WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County; and
WHEREAS, all necessary expenses in performing these services shall be paid by the City of Montebello.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1. That pursuant to the provisions of § 10002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of the County of Los Angeles to permit the County Elections Department to provide full election services.
SECTION 2. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill.
SECTION 3. That the City Clerk is directed to forward without delay to the Board of Supervisors and to the County Elections Department, each a certified copy of this resolution.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
APPROVED AND ADOPTED this 22nd day of June 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
RESOLUTION NO. 22-56
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-56 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 22nd day of June 2022 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
ATTACHMENT C
RESOLUTION NO. 22-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 8, 2022, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO
§ 10403 OF THE ELECTIONS CODE
RECITALS
WHEREAS, the City Council of the City of Montebello, California, called a General Municipal Election to be held on Tuesday, November 8, 2022, for the purpose of the election of five (5) Members of the City Council through a By-District process.
WHEREAS, it is desirable that the General Municipal Election be consolidated with the State General Election to be held on the same date and that within the City the precincts, polling places and election officers of the elections be the same, and that County Elections Department of the County of Los Angeles canvass the returns of the General Municipal Election and that the Election be held in all respects as if there were only one Election.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1. That pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of the election of five (5) Members of the City Council in the following Council Districts for the terms specified:
District 1: 4-year term.
District 2: 2-year term.
District 3: 4-year term.
District 4: 2-year term.
District 5: 4-year term.
SECTION 2. That the County Elections Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the Statewide Election.
SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Elections Department to take any and all steps necessary for the holding of the consolidated election.
RESOLUTION NO. 22-57
SECTION 4. That the City of Montebello, recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Elections Department of the County of Los Angeles.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
APPROVED AND ADOPTED this 22nd day of June 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-57 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 22nd day of June 2022 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
RESOLUTION NO. 22-57
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
ATTACHMENT D
RESOLUTION NO. 22-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’
STATEMENTS SUBMITTED TO THE VOTERS AT A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8,
2022
RECITALS
WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates’ statement.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Montebello (“City”) on November 8, 2022, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than two hundred (200) words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations.
The statement shall be filed in electronic form, on a flash drive provided by the City, in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
SECTION 2. FOREIGN LANGUAGE POLICY
A. Pursuant to the Federal Voting Rights Act, candidates’ statements will be translated into all languages required by the County of Los Angeles (“County”). The County is required to translate candidate’s statements into the following languages: Spanish and Simple Chinese.
B. The County will print and mail voter information guides and candidates’ statements to all voters in Spanish. The County will make the voter information guides and candidates’ statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.
SECTION 3. PAYMENT
A. Translations:
RESOLUTION NO. 22-58
1. The candidate shall be required to pay for the cost of translating the candidates’ statements into any required foreign language as specified in (A) and (B) of Section 2 above pursuant to Federal and/or State law.
2. The candidate shall be required to pay for the cost of translating the candidates’ statement into any foreign language that is not required as specified in (A) and (B) of Section 2 above, pursuant to Federal and/or State law, but is requested as an option by the candidate.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the candidates’ statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet.
3. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required by (A) of Section 2 above, in the facsimile pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the Candidate’s Statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 as amended, and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual costs. In the event of underpayment, the Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days of the election.
SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional material in the voter information guide package.
SECTION 5. That the City Clerk shall provide each candidate or the candidate’s representative with a copy of this resolution at the time nominating petitions are issued.
SECTION 6. That all previous resolutions establishing Council policy on payment for candidates’ statements are repealed.
SECTION 7. That this resolution shall apply only to the election to be held on November 8, 2022 and shall then be repealed.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions.
RESOLUTION NO. 22-58
APPROVED AND ADOPTED this 22nd day of June 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-58 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 22nd day of June 2022 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
ATTACHMENT E
RESOLUTION NO. 22-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, PROVIDING FOR A PROCEDURE
FOR DETERMINING BY LOT A TIE AMONG CANDIDATES AT THE
NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION IN
ACCORDANCE WITH GOVERNMENT CODE SECTION 15651
RECITALS
WHEREAS, § 15651 of the Elections Code of the State of California authorizes the City Council to determine the means and manner in which a tie vote is to be resolved in the event that two or more persons receive an equal and the highest number of votes (“tie votes”) for an office to be voted upon in a city; WHEREAS, § 15651 of the Elections Code of the State of California provides that the tie vote shall be resolved in one of the following ways:
a) By Lot: The City Clerk, serving as the Elections Official pursuant to Elections Code § 320, or his or her designee, shall summon the candidates who have received the tie votes, whether upon the canvass of the returns or upon recount by a court, to appear before the City Council at a time to be designated by the City Council. The City Clerk shall at that time and place resolve the tie votes by lot (defined below).
b) By Special Election: The legislative body may resolve a tie vote by the conduct of a special runoff election involving those candidates who receive an equal number of votes. A special runoff election shall be held only if the legislative body adopts provisions of § 15651 (b) of the Elections Code prior to the conduct of the election resulting in the tie vote. All future elections conducted by that body shall be resolved likewise, unless the legislative body later repeals the order for the conduct of a special runoff election.
WHEREAS, the City Council desires that any tie vote resulting from the November 8, 2022 General Municipal Election be resolved by lot.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1. That pursuant to § 15651 of the Elections Code of the State of California, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the City, the tie votes shall be resolved by lot. “By lot” means, by deciding the matter through implementing a method of chance, in order to afford each candidate receiving tie votes a fair opportunity at election.
SECTION 2. That the City Council has the authority to resolve tie votes by lot, by implementing various methods of chance, including, but not limited to, a coin toss, generation of random number, or drawing of names. In the interest of maintaining RESOLUTION NO. 22-59
decorum, fairness and transparency, the method implemented for resolving tie votes in the November 8, 2022 General Municipal Election shall be the drawing of names, in accordance with the following procedure:
The City Clerk shall type the name of each candidate who has tied for office on a separate, but identical piece of paper, which shall be folded and deposited into a container and mixed so that the pieces of paper become indistinguishable. The City Clerk, or his or her designee, shall then draw from the container as many pieces of paper as there are seats on the City Council to be filled by the candidates who have tied. The candidate(s) whose name(s) appear(s) upon the drawn piece(s) of paper shall be deemed elected.
SECTION 3. That this resolution shall apply only to the election to be held on Tuesday, November 8, 2022, and shall be repealed upon the City Council’s declaration of election results.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
APPROVED AND ADOPTED this 22nd day of June 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-59 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested RESOLUTION NO. 22-59
by the City Clerk at a regular meeting of said Council held on the 22nd day of June 2022 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Arnold M. Alvarez-Glasman, City Attorney
SUBJECT: Second Reading and Adoption of Ordinance No. 2451 Amending the Montebello Municipal Code to Designate City Council Seats That Will Be Placed on the Ballot in the November 2022 Election and to Retain the Two (2) At-Large Council Seats Currently in Place Thus Expanding the City Council Composition to Seven (7) Members on a Temporary Basis
DATE: June 22, 2022
RECOMMENDATION (S):
It is recommended that the City Council:
1) Waive the Second Reading and adopt Ordinance No. 2451 (Attachment A) to designate City Council seats that will be placed on the ballot in the November 2022 election and to retain the two (2) at-large Council seats currently in place thus expanding the City Council composition to seven (7) members on a temporary basis; and
2) Take such additional, related, action that may be desirable.
FISCAL IMPACT
None.
BACKGROUND
At its meeting on June 15, 2022, the City Council of the City of Montebello introduced Ordinance No. 2451. The City of Montebello (“City”) is a general law city, which is currently governed by five (5) Councilmembers who were all elected by all voters in the City in an at-large voting system. The City Council, at its meeting on February 9, 2022, ITEM #__21_
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Second Reading and Adoption of Ordinance No. 2451 Amending the Montebello Municipal Code to Designate City Council Seats That Will Be Placed on the Ballot in the November 2022 Election and to Retain the Two (2) At-Large Council Seats Currently in Place Thus Expanding the City Council Composition to Seven (7) Members on a Temporary Basis
adopted Ordinance No. 2444 establishing a by-district election system to be implemented in the November 2022 election. The City Council also adopted Resolution No. 22-34 at its meeting on May 11, 2022, to formally adopt a five (5) district City Council map.
DISCUSSION
Government Code section 36501 states that the government of a general law city must have a city council of at least five (5) members. Ordinance No. 2451 sets forth the designation of City Council seats that will be placed on the ballot as well as the temporary retention of the two (2) incumbent at-large City Council seats.
If this Ordinance is adopted by the City Council, all five (5) district seats will be placed on the ballot in the November 2022 election. Moreover, the two (2) existing incumbent atlarge Councilmember seats will remain in office and will continue to serve as a Councilmember until the expiration of their term, forming a temporary seven (7) member City Council. This Ordinance sets forth the November 2022 Council seats and term lengths to be placed on the ballot as follows: Council seats for Districts 2 and 4 will be placed on the ballot for a 2-year term and Council seats for Districts 1, 3 and 5 will be placed on the ballot for a 4-year term.
The provision set forth in this Ordinance that creates a temporary seven (7) member legislative body will sunset on the date that the members elected from Districts 2 and 4 take their oath of office as a result of the election occurring in November 2024. At that time, the two (2) existing at-large incumbent City Council seats will be eliminated. With the commencement of the November 2024 election, Districts 2 and 4 will become 4-year term seats, and only the five (5) City Council district seats will remain active, reverting the legislative body of the City of Montebello from seven (7) members to five (5) members.
SUMMARY
Staff recommends the City Council conduct the second reading of and adopt Ordinance No. 2451 to designate City Council seats that will be placed on the ballot in the November 2022 election and to retain the two (2) at-large Council seats currently in place thus expanding the City Council composition to seven (7) members on a temporary basis.
ATTACHMENT (S):
A. Attachment A – Ordinance
ATTACHMENT A
ORDINANCE NO. 2451
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, AMENDING SECTION 2.08.050 OF TITLE 2, CHAPTER
2.08 OF THE MONTEBELLO MUNICIPAL CODE TO DESIGNATE CITY
COUNCIL SEATS THAT WILL BE PLACED ON THE BALLOT IN THE
NOVEMBER 2022 ELECTION AND TO RETAIN THE TWO (2) AT-LARGE
COUNCIL SEATS CURRENTLY IN PLACE THUS EXPANDING THE
CITY COUNCIL COMPOSITION TO SEVEN (7) MEMBERS ON A
TEMPORARY BASIS
WHEREAS, the City of Montebello (“City”) is a general law city, which is currently governed by five (5) council members who were all elected by all voters in the City in an at-large voting system; and
WHEREAS, at its meeting on February 9, 2022, the City Council adopted Ordinance No. 2444 establishing the by-district election process of Councilmembers to be implemented in the November 2022 election; and
WHEREAS, at its meeting on May 11, 2022, the City Council adopted Resolution No. 22-34 that formally adopted the City’s Council District Map consisting of five (5) districts; and
WHEREAS, in a by-district election system, a candidate for City Council must live in the district where the candidate wishes to represent, and only the voters of that district are entitled to vote to decide who their representative will be; and WHEREAS, the next municipal election is to take place on November 8, 2022; and WHEREAS, the City of Montebello desires to ensure the voting rights and fair representation of all of its citizens; and
WHEREAS, pursuant to Government Code section 36501, the government of a general law city is vested in a city council of at least five (5) members; and WHEREAS, the City and the City Council, by adopting this ordinance, are establishing a sunset provision designating the City Council seats that will be up for election in the November 2022 election;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY ORDAINS AS FOLLOWS:
ORDINANCE NO. 2451
SECTION 1. RECITALS. The above recitals are true and correct and made part of this Ordinance.
SECTION 2. AMENDMENT; ADDITIONS. Section 2.08.050 – Municipal Elections of the Montebello Municipal Code is hereby amended and will read as follows (deletions in strikethrough and additions in double underline):
2.08.050 – Municipal Elections.
A. Pursuant to Sections 1301 and 1000 of the California Elections code, commencing with the statewide election to be held on November 6, 2018, the city of Montebello’s general municipal elections shall be held on the first Tuesday after the first Monday in November of even-numbered years to coincide with the statewide election.
B. Pursuant to Sections 34886 and 34871(a) of the California Government Code, Council members will be elected on a by-district elections system. The term “by-district” as used in this Section shall mean election of members of the City Council by voters of the district alone. Candidates for council seats in each district shall be nominated and elected only by the voters of that district.
C. Except as provided in subsection (D) of this Section, each Council Member must be a resident of and a registered voter in the council district from which the member is nominated at the time the member is nominated, elected, and throughout that member’s term of office. In the event any Council Member ceases to be a resident of the district from which the member was nominated, the office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies. If a Council Member ceases to be a resident of the district from which the Member was nominated solely because of a change in the boundaries of the districts, the Member shall not lose office during that term by reason of such change pursuant to California Government Code section 34882 and Elections Code section 10227.
D. A Council Member in office at the time this section takes effect will continue in office until the expiration of a full term to which they were elected or appointed and until their successor is qualified. If vacancies in Council Member offices elected at-large occur before expiration of the full term thereof, such vacancies will be filled according to law from the City at-large.
ORDINANCE NO. 2451
E. The number of Council Member districts of the City and the boundaries of said districts shall be adopted and established by the City Council by resolution no later than May 12, 2022. The by-district elections process and the established district boundaries shall be implemented in the City’s next general election occurring on November 8, 2022.
F. District boundaries shall be adjusted by the City Council before the first day of November of the year following the year in which each decennial federal census is taken by majority vote of the total membership of the City Council, and as provided in Elections Code section 21601, 21602 and 21607. The district boundaries, but not the number thereof, may be changed by ordinance adopted by the City Council by majority vote of all its members; provided that districts established by the City Council shall be as nearly equal in population and as geographically compact as possible. However, the City Council shall not change the boundaries of districts more than once in any two (2) year period and no such change shall be made within the period of one hundred eighty (180) days preceding a general municipal election. The preceding limitations shall not apply to changes made necessary by changes to City boundaries, as provided in Elections Code section 21603. After City Council has exercised its power to change the boundaries of districts, these changes shall immediately be reflected in the district boundaries specified by ordinance adopted by City Council.
G. The following five (5) City Council district seats will be placed on the ballot for the November 2022 regular election, in accordance with the assigned term length for the district seat specified:
i. District 1: 4-year term.
ii. District 2: 2-year term.
iii. District 3: 4-year term.
iv. District 4: 2-year term.
v. District 5: 4-year term.
In addition to the five (5) Councilmembers to be newly elected in the November 2022 election, the two (2) incumbent at-large Councilmember seats will remain in office and will continue to serve as a Councilmember until the expiration of their term, forming a temporary seven (7) member legislative body. This provision will sunset on the date that the members elected from Districts 2 and 4 take their oath of office as a result of the election occurring in November 2024. At that time, the two (2) existing at-large City Council seats will be ORDINANCE NO. 2451
eliminated. Commencing with the November 2024 election, Districts 2 and 4 will become 4-year term seats, and only the five (5) City Council district seats will remain active, reverting the legislative body of the City of Montebello from seven (7) members to five (5) members.
SECTION 4. SEVERABILITY. If any action, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision.
SECTION 5. COMPLIANCE WITH THE CALIFORNIA VOTING RIGHTS ACT.
This Ordinance is being adopted in furtherance of the purposes of the California Voting Rights Act of 2001 of Division 14 of the Elections Code.
SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after approval by the City Council.
SECTION 7. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.
APPROVED AND ADOPTED 22nd day of June 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST:
________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
__________________________
Arnold M. Alvarez-Glasman, City Attorney
ORDINANCE NO. 2451
I HEREBY CERTIFY that the foregoing Ordinance was introduced at the City Council meeting on the 15th day of June 2022 and was adopted by the City Council of the City of Montebello at its meeting held on the 22nd day of June 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Christopher Jimenez, City Clerk
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, Director of Public Works / City Engineer SUBJECT: Notice Inviting Bids – Annual Slurry Seal Project, Fiscal Year 2022-23 – C.P. # 892
DATE: June 22, 2022
RECOMMENDATIONS:
It is recommended that the City Council:
1) Approve the Plans, Specifications, and Estimate (PS&E) for the Slurry Seal Project, FY 2022-23 (C.P. #892); and
2) Authorize the City Clerk to publish the Notice Inviting Bids (Attachment A); and 3) Approve the Notice of Exemption (Attachment B) for the subject project and authorize the City Clerk to file the Notice of Exemption with Los Angeles RegistrarRecorder; and 4) Take such additional, related, action that may be desirable.
FISCAL IMPACT
The adopted Fiscal Year 2022-23 Capital Improvement Project (CIP) Budget included a total of $900,000 in appropriations for this project, with the following amounts in the following funds: 1) $300,000 carryover of Gas Tax from FY 2021-22; 2) $100,000 carryover of Measure M from FY 2021-22; 3) $250,000 Measure M (new appropriations); and 4) $250,000 Measure R (new appropriations).
The Total Project Budget is estimated at $700,000, including soft costs and construction contingency. No budget amendment is needed at this point in time.
ITEM #_22___
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Notice Inviting Bids – Annual Slurry Seal Project, Fiscal Year 2022-23 – C.P. # 892
BACKGROUND
The Project consists of the application of crack sealant and spot asphalt pavement repairs prior to the application Type II slurry seal, followed by the restoration of pavement markings.
The Engineer’s Estimate for construction for this project is $550,000.
The anticipated project schedule is as follows:
• Advertise for Construction Bids June 23, 2022
• Bid Opening July 21, 2022
• Award of Contract August 2022
• Start Construction September 2022
• Complete Construction October 2022
The Notice Inviting Bids will be published in the local newspaper and the Green Sheet.
The notice, plans and specifications will be posted on Planet Bids through the City of Montebello’s Website.
ENVIRONMENTAL
Pursuant to the guidelines of the California Environmental Quality Act (CEQA), the Annual Slurry Seal Project is categorically exempt under Class 1(c) for existing facilities. Under CEQA, a project is exempt if the scope of work is limited to the repair, maintenance, and minor alterations of an existing facility.
SUMMARY
Upon City Council approval of the recommended actions, staff will coordinate the advertisement of the project for construction bids. Following the opening of sealed bids, staff will recommend award of the construction contract at a subsequent City Council meeting.
ATTACHMENTS:
A. Attachment A – Notice Inviting Bids
B. Attachment B – Notice of Exemption
C. Attachment C – Project Location Map
NOTICE INVITING SEALED BIDS
FOR
SLURRY SEAL PROJECT
FY 2022/2023
C.P. No. 892
IN THE CITY OF MONTEBELLO
DATE OF BID OPENING: PUBLIC NOTICE IS HEREBY GIVEN that the City of Montebello as AGENCY, invites sealed bids for the above stated project and will receive such bids electronically ONLY thru PlanetBids, https://www.cityofmontebello.com/rfp-bids/bidopportunities.html, by 11:00 am on Thursday July 21, 2022. The ELECTRONIC Bid(s) will be evaluated and posted on PlanetBids, where they can be viewed publicly shortly after the bid closes.
SCOPE OF WORK: The work to be performed or executed under these specifications consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the contract documents to construct the above stated project. The general items of work include the application of Type II Slurry Seal, including crack sealing, and restoration of pavement markings.
It is the intent of this contract to have the contractor perform the “Project”, and other appurtenances in accordance with the 2021 Standard Plans for Public Works Construction (SPPWC), and 2021 Standard Specifications for Public Works Construction “Greenbook.” CONTRACT DOCUMENTS:
Copies of the contract documents and specifications are available on the City’s website at https://www.cityofmontebello.com/rfp-bids/bid-opportunities.html.
In order to be on the Planholder List for this project, each bidder must submit a Bidders Information Sheet thru PlanetBids. Bids will not be accepted unless the bidder is on the Planholder List. All questions from planholders, are to be posted on the website.
Questions: All questions relative to this project prior to the opening of bids shall be submitted electronically and received no later than 12:00 p.m. on Tuesday, July 12, 2022.
PREVAILING WAGE:
Pursuant to Section 1770, et seq., of the California Labor Code, the Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is available on-line at: B-2 www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. This project is funded in whole or in part with Community Development Block Grant (CDBG) funds provided by the U.S. Department of Housing and Urban Development (HUD). Federal Labor Standards Provisions, including
ATTACHMENT A
prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail.
LABOR COMPLIANCE:
To comply with SB 854, beginning January 1, 2015 the following applies:
1. No contractor or subcontractor may be listed on a bid proposal for public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
2. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.
3. The project is subject to compliance monitoring and enforcement by the DIR.
4. Require the prime contractor to post job site notices prescribed by regulation (regulation not created yet) or the City must post the notices itself.
The Contractor shall fill in the Department of Industrial Relations (DIR) Contractor Registration Number Form provided in the Contract Specifications submit it with the sealed Bid.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, marital status or religion in any consideration leading to the award of contract.
In entering into a public works contract, or subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or the Subcontractors, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) of under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public work contract or the subcontract. This assignment shall be made and become effective as the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.
Bids must be prepared on the approved Proposal forms in conformance with the “Instructions to Bidders” and submitted in a sealed envelope plainly marked on the outside. The bid must be accompanied by certified or cashier’s check, or bidder’s bond, made payable to the AGENCY for an amount no less than ten percent of the amount bid.
Bidders must hold a valid California Class A or C-12 Contractor’s License.
No bid will be accepted from a Contractor who has not been licensed in accordance with provisions of the Business and Professions Code. The successful Contractor and his subcontractors will be required to possess business licenses from the City.
The AGENCY will deduct five percent (5%) retention from all progress payments as specified in Section 9-3.2 of these Specifications. The Contractor may substitute an escrow holder surety of equal value to the retention and the Contractor shall be beneficial owner of the surety and shall receive any interest thereon.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids, under advisement for a period of sixty (60) days.
The contract period for this project is Thirty five (35) working days from the effective date of the Notice-to-Proceed to be issued by the City.
Publish Date: June 23, 2022
BY ORDER OF: The City of Montebello, California
_____________________________
Alicia Fernandez, Deputy City Clerk
Statutory Exemptions. State code number:
_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:
Project Location - City: ______________________ Project Location - County:
Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:
Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
Slurry Seal
0.6mi
Street Name From To ELT
3rd St Mines Ave End 30
5th St Frankel Av Washington BLVD 16
Appian Way N Vail Ave Via Napoli 17
Appian Way Via Napoli Via Napoli 21
Ashiya Rd Savannah St End 21
Avenida De La Merced Lincoln Ave San Angelo Ave 12
Boston Ave Villa St Vera Cruz St 7
Bunker Hill Ave Madero St N Iguala St 20
Carmelita Ave Greenwood Ave Montebello BLVD 24
S 6th St Beach St Mines Ave 35
Las Flores Ave Los Amigos Ave Avenida De La Merced 15
Liberty Ave Villa St N Montebello Blvd 16
Liberty Ave N Iguala St Villa St 6
Loma Rd End End 34
Madero St Yorktown Ave Bunker Hill Ave 8
Messina Via Palermo Via Napoli 4
Milano Vail Ave End 7
N 10th St W BEVERLY BLVD W Cleveland Av 42
N 16th St W MADISON AV Harding Av 14
N Iguala St Yorktown Ave W Liberty Ave 32
Orah Ave End Plaza Libre 11
Plaza Libre N Concourse Ave Plaza Libre N 4
Plaza Libre N Plaza Libre Hay St 6
Plaza Libre N Hay St Orah Ave 3
Plaza Libre S Plaza Libre N Hay St 6
PLZ LIBRE S N HAY ST ORAH AV 7
POPLAR AV W LOS AMIGOS AV W BURKE DR 5
POPLAR AV W BURKE DR END 1
Revere Ave End Vera Cruz St 10
Rio Blanco St W Liberty Ave End 19
S 5th St Hughes Av Beach St 18
S Beverly Ter N Montebello BLVD N Spruce St 8
Salerno Via Roma End 3
Savannah St Ashiya Rd Rio Blanco St 4
SIMMONS AV VIA SAN DELARRO DEWAR AV 27
SIMMONS AV Via Campo DEWAR AV 16
Tola St Montebello BLVD End 9
Torino Appian Way End 3
Via La Cienega San Angelo Ave Rio Del Sol Ave 8
VIA LUNETO N HAY ST VIA CORONA 6
VIA LUNETO W MADISON AV N HAY ST 18
Via Napoli Appian Way Appian Way 23
Via Palermo Messina End 9
Via Palermo Via Napoli Messina 25
Via Roma End Appian Way 34
VIA VAL VERDE W BEVERLY BLVD W LINCOLN AV 29
Villa St Liberty Ave Boston Ave 4
Villa St Liberty Ave Ashiya Rd 8
W Suffolk Ave N Iguala St Vera Cruz St 18
Yorktown Ave Madero St End 31
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, Director of Public Works / City Engineer SUBJECT: Approve Master Retainer Agreements No.’s 3998, 3999, and 4000 for On-Call Architectural and Engineering Design Services in Response to RFP No. 22-8
DATE: June 22, 2022
RECOMMENDATIONS:
It is recommended that the City Council:
1) Authorize the City Manager to execute Master Retainer Agreements for On-Call Construction Management and Inspection Services with the following Consultants:
A) Transtech Engineers, Inc. No. 3998; B) Mark Thomas & Company, Inc. No. 3999; and C) KOA Corporation No. 4000; and
2) Take such additional, related, actions that may be desirable.
FISCAL IMPACT
The execution of the recommended Master Retainer Agreements does not directly result in a fiscal impact. Although the agreement specifies a maximum total aggregate sum notto-exceed $2 million during the term of the agreement, this only establishes a maximum budget for the agreement and the City does not enter into any financial commitment until a Letter of Engagement is executed for a specific project and/or task. Any Letter of Engagement with a value of $50,000 or greater will require City Council approval in accordance with the Montebello Municipal Code (MMC). This may include City Council approval of the appropriation of funds and/or budget amendments, as necessary, and detailed recommendations would be included at the time City Council authorization is requested for a specific Letter of Engagement.
In general, appropriations for on-call engineering services are included in the Fiscal Year ITEM #____ 23
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Approve Master Retainer Agreements No.’s 3998, 3999, and 4000 for On-Call Architectural and Engineering Design Services in Response to RFP No. 22-8
2022-23 adopted budget, since these services have been routinely utilized in the past.
Depending on the type and scope of project, City Council approval will be sought if additional appropriations are needed. Services related to capital improvement projects are typically paid from the special or grant funds identified for the project and would not impact the General Fund.
BACKGROUND
In order to provide readily available and qualified resources for the design of infrastructure improvement projects, staff recommends the establishment of an on-call list of qualified consultants to provide architectural and engineering design services. The established oncall list will remain active for a minimum of three (3) years with an option to extend Master Retainer Agreements for two (2) additional one-year periods. The extension will enable consultants to complete projects that may be ongoing at the end of the initial 3-year term.
The City reserves the right to request a scope of work and fee proposal from one or more of the consultants on the established on-call “bench list” for specific projects/tasks and may choose to award a project/task to any of the on-call consultants, at its sole discretion, based on project requirements and/or the requirements of the funding source(s) for the project. Therefore, selection of a firm to participate in the on-call bench of qualified consultants does not necessarily guarantee the award of work of any specific contract value.
RFP No. 22-8 is in compliance with the Montebello Municipal Code, State and Federal regulations regarding the qualification-based selection of professional firms providing engineering services. Sections 4525 through 4529.5 of the California Government Code (Mini-Brooks Act) govern contracts between public entities and private architectural, landscape architectural, engineering, environmental, land surveying, and construction project management firms. These statutes require that public agencies use a Qualifications-Based Selection (QBS) method to contract for professional services. This method requires that such services be engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at a fair and reasonable price, prohibiting selection based solely on price.
Although this on-call bench list is intended to provide services for most projects, a separate project-specific Requests for Proposals may also be necessary for specialized projects and as a requirement of project funding sources.
ANALYSIS
On June 23, 2021, the City Council authorized the issuance of a Request for Proposals (RFP) for On-Call Architectural and Engineering Services. RFP No. 22-8 was issued on May 3, 2022. The solicitation was advertised on PlanetBids on the city’s website.
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Approve Master Retainer Agreements No.’s 3998, 3999, and 4000 for On-Call Architectural and Engineering Design Services in Response to RFP No. 22-8
On June 2, 2022, the City received twelve (12) proposals in response RFP 22-8. The Evaluation Committee consisted of two City of Montebello Engineering staff and one engineer from another city. The Committee reviewed, evaluated and scored the submitted proposals as prescribed in the RFP. The proposals were evaluated based upon several factors. These factors included: 1) Responsiveness to the RFP; 2) Organization and Technical Qualifications of the Team; 3) Relevant Experience and Expertise; 4) Understanding and Approach; 5) Professional Reputation of the Firm; 6) Experience in Public Contract Procedures, Requirements, Laws, and Construction Claims; and 7) Direct Experience by Staff of Federally-funded Projects and the Caltrans Local Assistance Procedures Manual (LAPM).
The scoring resulted in the following ranking:
Rank Firm
1 Transtech Engineers, Inc.
2 Mark Thomas & Company, Inc.
3 KOA Corporation
4 Chen Ryan Assoc., Inc.
4 BKF Engineers
5 Dewberry
6 PacRim Engineering, Inc.
7 JMDiaz, Inc.
8 Infrastructure Engineers
9 West & Asso. Engineering, Inc.
10 IDS Group, Inc.
11 Black O’dowd & Assoc.
Based on these ratings, the following three (3) firms were selected as the most qualified firms per the criteria prescribed in the RFP:
• Transtech Engineers, Inc.
• Mark Thomas & Company, Inc.
• KOA Corporation
Staff is recommending establishing a “bench list” of these selected qualified firms that will be available to provide services on an as-needed basis in the delivery of a variety of projects. These firms may be contacted during the term of the Master Retainer Agreement to provide a fee proposal for individual projects/tasks and in accordance with the procedural requirements of the funding source(s) for each project/task. Once a reasonable fee is negotiated, the services for the project/task will be contracted via an Engagement Letter that details the scope of work and applicable fee for the project/task, CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Approve Master Retainer Agreements No.’s 3998, 3999, and 4000 for On-Call Architectural and Engineering Design Services in Response to RFP No. 22-8
under the umbrella of the Master Retainer Agreement. Staff will solicit approval at the appropriate level of authority for each Engagement Letter in accordance with Chapter
3.21 of the Montebello Municipal Code (MMC) and any applicable State and Federal laws.
This includes requesting City Council authorization for services of $50,000 or greater per project/task, as currently required by the MMC. The funding source and any necessary appropriations and budget amendments will be identified at the time authorization is requested.
SUMMARY
Upon the approval by the City Council of the recommended actions, staff will execute the Master Retainer Agreements to establish the consultant bench-list and initiate solicitations for project-specific engineering services as the need arises.
ATTACHMENTS:
A. Attachment A – Master Retainer Agreement No. 3998 with “Transtech Engineers, Inc.”
B. Attachment B – Master Retainer Agreement No. 3999 with “Mark Thomas & Company, Inc.”
C. Attachment C – Master Retainer Agreement No. 4000 with “KOA Corporation”
ATTACHMENT A
CITY OF MONTEBELLO
MASTER RETAINER AGREEMENT NO. 3998
WITH TRANSTECH ENGINEERS, INC.
THIS MASTER RETAINER AGREEMENT for professional construction management and inspection services (“Agreement”) is entered into by and between the City of Montebello, a California municipal corporation (the “City”) and Transtech Engineers, Inc., (the “Consultant”). The City and the Consultant are referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
WHEREAS, the City desires to retain the Consultant to perform professional consulting services for the City on an as-needed, per-project basis; WHEREAS, the Consultant is willing to perform the services defined herein on an asneeded, per-project basis; WHEREAS, the Consultant represents that the principal representative stated below is authorized to act as such on behalf of the Consultant; and WHEREAS, the Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. The Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:
1. TERM. The Term of this Agreement is for three (3) years, commencing on July 1, 2022, and shall expire on June 31, 2025. Upon conclusion of the Term, this Agreement shall renew automatically for a maximum of two (2) one-year extension terms, unless the City issues written notice of its intent not to authorize any additional extension term(s).
Nothing in the Section shall operate to prohibit or otherwise restrict the City’s ability to terminate this Agreement at any time for convenience or for cause.
2. REPRESENTATIVES OF PARTIES AND SERVICE OF NOTICE. The representatives of the Parties who are primarily responsible for the administration and performance of the Agreement, and to whom formal notice, demands, and communications shall be given, are as follows:
A. For the City:
James Enriquez, P.E.
Director of Public Works / City Engineer
1600 W. Beverly Blvd.,
MASTER RETAINER AGREEMENT NO. 3998
Montebello, CA 90640
(323) 887-1462
[email protected]
B. For the Consultant:
Ahmad Ansari, P.E.
Principal-in-Charge
Transtech Engineers, Inc.
13367 Benson Avenue
Chino, CA 91710
(909) 595-8599
[email protected]
C. Formal notices, demands, and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or mail.
D. If the name of the principal representative designated to receive the notices, demands, or communication, or the address of such person, is changed, written notice shall be given within seven (7) calendar days of said changes.
E. Any project awarded by Engagement Letter under this agreement will be managed by a designated Civil Engineer who shall serve as the City’s Project Manager (“CPM”). The CPM’s duties include, but are not limited to, overseeing the Consultant’s performance of the Scope of Services pursuant to any Engagement Letter entered into between the City and the Consultant.
3. RETENTION. The City retains the Consultant to provide professional consultant services on an as-needed, per-project basis, in accordance with the terms of this Agreement. Consultant agrees to render such services on the terms and conditions stated herein.
4. SCOPE OF SERVICES. The scope of such services for which the Consultant may be retained under the Agreement shall be for professional services, generally described as architectural and engineering design services, and as described in detail in the Scope of Services (attached hereto as Exhibit “A”).
The City shall request project proposals from the Consultants qualified for the specific category applicable to the project. The Consultant awarded the project shall execute a project-specific Engagement Letter (sample attached as Exhibit “B”). Engagement Letters shall define the scope of work for the specific project, the timeline for completion, and anticipated cost for the project. Such Engagement Letter shall identify the specific category of the work the Consultant undertakes pursuant to the Engagement Letter.
At the time of entering into an Engagement Letter, the Consultant shall furnish: a) a current City of Montebello Business License; and b) a current certificate of insurance.
MASTER RETAINER AGREEMENT NO. 3998
The Consultant agrees that the services to be rendered pursuant to any project awarded by Engagement Letter and this Agreement shall be performed in accordance with the standards customarily provided by an experienced and competent professional organization rendering the same or similar services, and in a manner reasonably satisfactory to the City.
5. COMPENSATION.
Execution of this Master Retainer Agreement does not guarantee that the City will execute any number of Engagement Letters. The City agrees to pay Consultant for services provided under any Engagement Letter entered into between the City and Consultant, in accordance with the Fee Schedule attached hereto as Exhibit “C.” The City agrees to compensate the Consultant for the services provided under this Agreement to the City’s satisfaction, as solely determined by the City. The Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Fee Schedule (attached hereto and incorporated by reference as Exhibit “C”).
Consultant agrees that the fees for services provided pursuant to any Engagement Letter, during the term of this Agreement, shall not exceed the rates and costs set forth in the Fee Schedule, attached hereto as Exhibit “C,” unless the City has given specific advance approval in writing.
Consultant acknowledges that the total compensation for any project shall not exceed the maximum compensation stated in the Engagement Letter. Total compensation includes all amounts payable to Contractor for its overhead, payroll, profit, and all costs of whatever nature, including without limitation all costs for subcontracts, materials, equipment, supplies, and all costs arising from or due to termination or expiration of this Agreement.
The total aggregate sum of all Engagement Letters executed under this Master Retainer Agreement shall not exceed TWO MILLION dollars with no cents ($2,000,000.00) without City Council approval and written authorization from the Director of Public Works/City Engineer.
Consultant shall submit invoices in hard copy and electronically to the Project Manager within fifteen (15) days from the end of each month in which services have been provided. Consultant shall provide invoices with sufficient detail to ensure compliance to pricing as set forth in this Agreement.
Original invoices on Consultant’s letterhead with original signatures shall be submitted to the CPM. All invoices shall include, but not be limited to, the following:
1. Project Name
2. Project Name/Number
3. Specialty Category Code and Title
4. Purchase Order Number
5. Invoice Date
6. Invoice Number (Progressive and Unique to Project)
MASTER RETAINER AGREEMENT NO. 3998
7. Details of work performed or completed during the invoiced period, along with assigned staff’s hourly rate, number of hours worked and subtotals
8. Percentage of project completed, as applicable (as verified by CPM)
9. Percentage of project completed through invoicing period (as verified by CPM) City shall pay City-approved invoices within thirty (30) days of receipt. Fee/hourly schedule changes and/or annual increases are prohibited.
The proportion of Total Compensation paid to CONSULTANT as of the Invoice Date shall not exceed the City Engineer’s estimated percentage of the project or tasks (as applicable) completed as of the Invoice Date.
Reimbursement requests shall be itemized on the respective invoice, with supporting documentation attached.
1. Invoice shall state date of expense and purpose.
2. All supporting receipts shall be attached.
3. Any request for travel-related expense reimbursement must be pre-approved by the CITY.
Faxed copies of the referenced documents in this Section 5 shall not be processed for payment.
CITY’S payment pursuant to this Agreement shall not constitute a waiver of any breach or defect in the performance of work, nor a waiver of disputes regarding compensation owed to CONSULTANT for work performed.
6. BUSINESS LICENSE. The Consultant shall obtain a City business license prior to commencing performance under this Agreement.
7. INDEPENDENT CONTRACTOR.
Consultant is an independent contractor. As such, Consultant shall have no power or authority to incur any debt, obligation or liability on behalf of the City, unless such authority is expressly conferred pursuant to a specific project awarded by Engagement Letter under this Agreement. Further, Consultant is not entitled to any benefit typically associated with an employee such as medical, sick leave, retirement, or vacation benefit. Consultant expressly waives any claim to any such rights.
The personnel performing services on any project awarded by Engagement Letter pursuant to this Agreement, and on behalf of Consultant, shall, at all times, be under Consultant’s exclusive direction and control. Neither the City, nor any of its employees, shall have any control over the manner, mode, or means by which Consultant, its agents, or its employees, perform the services required herein, except as otherwise set forth herein.
MASTER RETAINER AGREEMENT NO. 3998
Consultant shall perform services pursuant to this Agreement as an independent contractor and shall, at all times, remain a wholly independent contractor. The City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise a joint venture or member of any joint enterprise with Consultant. The Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of the City.
8. PERS ELIGIBILITY INDEMNITY.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services pursuant to an Engagement Letter awarded pursuant to this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the City, including but not limited to eligibility to enroll in PERS as an employee of the City and entitlement to any contribution to be paid by the City for employer contribution and/or employee contributions for PERS benefits.
Consultant is solely responsible for compliance with PERS restrictions applicable to any of Consultant’s employees, agents, or subcontractors.
9. CONFLICT OF INTEREST.
The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, the Consultant shall not perform any work for another person or entity for whom the Consultant was not working at the Commencement Date if: (i) such work would require the Consultant to abstain from performance of the work under this Agreement pursuant to a conflict of interest; and (ii) the City has not consented in writing prior to the Consultant’s performance of such work.
Consultant hereby acknowledges that pursuant to Government code Section 87300 et seq., Consultant is designated in the City’s Conflict of Interest Code and is required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice under any Engagement Letter awarded pursuant to this Agreement, prior to the commencement of work.
MASTER RETAINER AGREEMENT NO. 3998
10. INDEMNIFICATION.
Consultant hereby agrees to protect, indemnify and hold the City and its employees, officers and servants free and harmless from any and all losses, claims, liens, demands and causes of action of every kind and character including, but not limited to, the amounts of judgment, interests, court costs, legal fees, expert costs, expert fees and all other expenses incurred by the City to the maximum extent allowed by law arising in favor of any party, including claims, liens, debts, personal injuries, including employees of the City, death or damages to property (including property of the City) and without limitation by enumeration, all other claims or demands of every character occurring or arising directly out of or as a consequence of the performance of the work performed hereunder, except only such injury to persons or damage to property due or claimed to be due to the sole negligence of the City. This provision is not intended to create any cause of action in favor of any third party against Consultant, or the City, or to enlarge in any way the Consultant’s liability, but is intended solely to provide for indemnification of the CITY for liability for damages or injuries to third persons or property arising from Consultant’s negligent performance hereunder.
The provisions of this Section 10 are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City. The Consultant acknowledges that the City would not enter into this Agreement in the absence of the Consultant’s commitment to indemnify and protect the City as set forth herein.
The City shall have the right to offset against the amount of any compensation due the Consultant under this Agreement any amount due the City from the Consultant as a result of the Consultant’s failure to pay the City promptly any indemnification arising under this Section 10 and related to the Consultant’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
The obligations of the Consultant under this Section 10 will not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives its statutory immunity under such statutes or laws as to the City, its officers, agents, employees and volunteers.
The Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of the Consultant in the performance of this Agreement.
In the event the Consultant fails to obtain such indemnity obligations from others as required in this Section 10, the Consultant’s duty to indemnify pursuant to this Section 10 shall extend to indemnify the City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all losses, claims, liens, demands and causes of action of every kind and character MASTER RETAINER AGREEMENT NO. 3998
including, but not limited to, the amounts of judgment, interests, court costs, legal fees (including reasonable attorneys’ fees incurred by counsel of the City’s choice), expert costs, expert fees and all other expenses incurred by the City to the maximum extent allowed by law arising in favor of any party, including claims, liens, debts, personal injuries, including employees of the City, death or damages to property (including property of the City) and without limitation by enumeration, all other claims or demands of every character occurring or arising directly out of or as a consequence of the performance of the work performed hereunder by the Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of the Consultant in the performance of this Agreement.
The City does not waive any rights that it may possess against the Consultant because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
11. INSURANCE. During the term of this Agreement, the Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with the Consultant’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
A. Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence.
B. Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.
C. Worker’s Compensation insurance as required by the laws of the State of California.
D. Professional Liability (Errors & Omissions) Insurance with minimum limits of One Million dollars ($1,000,000) per occurrence and shall be endorsed to include contractual liability.
The Consultant shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide. The Consultant agrees that if it does not keep the aforesaid insurance in full force and effect the City may either (i) immediately terminate this Agreement; or (ii) obtain the necessary insurance at the Consultant’s expense.
At all times during the term of this Agreement, the Consultant shall maintain certificate(s) of insurance and required endorsements on file with the City Clerk, showing that the aforesaid policies are in effect in the required amounts and, for the MASTER RETAINER AGREEMENT NO. 3998
general liability and automobile liability policies, naming the City as an Additional Insured.
The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the City, its officers, employees, agents and volunteers as Additional Insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the City. The Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
At least fourteen (14) days prior to the expiration of any insurance required by this Agreement, the Consultant shall provide proof of insurance policy renewals or replacements with insurance policies providing at least the same coverage. The Consultant shall provide such proof to the City at least two weeks prior to the expiration of the coverages.
The general liability and automobile policies of insurance provided by the Consultant shall be primary to any coverage available to the City. Any insurance or self-insurance maintained by the City, its officers, employees, agents or volunteers, shall be in excess of the Consultant’s insurance and shall not contribute with it.
All insurance coverage provided pursuant to this Agreement shall not prohibit the Consultant, and the Consultant’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. The Consultant hereby waives all rights of subrogation against the City.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, the Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to the City, or the Consultant shall procure a bond guaranteeing payment of losses and expenses.
Procurement of insurance by the Consultant shall not be construed as a limitation of the Consultant’s liability or as full performance of the Consultant’s duties to indemnify, hold harmless and defend under Section 13 of this Agreement.
12. OWNERSHIP OF WORK PRODUCT. All reports, documents or other written material developed by Consultant in the performance of this Agreement shall be and remain the property of the City without restriction or limitation upon its use or dissemination by the City. Such material shall not be the subject of a copyright application by Consultant.
13. CONFIDENTIALITY.
All data, documents, discussion, or other information developed or received by the Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the Consultant without prior written consent by the City. The MASTER RETAINER AGREEMENT NO. 3998
City shall grant such consent if disclosure is legally required. Upon request, all the City data and any copies thereof shall be returned to the City upon the termination or expiration of this Agreement.
Employees of Consultant, in the course of their duties, may have access to financial, accounting, statistical, and personnel data of private individuals and employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by the City. The City shall grant such authorization if disclosure is required by law. All City data shall be returned to the City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.
14. TERMINATION.
A. The City may terminate this Agreement and any Engagement Letter awarded pursuant to this Agreement at any time without cause by giving thirty (30) calendar days written notice to Consultant of such termination and specifying the effective date thereof. If this Agreement or any Engagement Letter is terminated as provided herein, Consultant shall be paid only the total amount equal to the service Consultant has provided, to the City’s satisfaction, as determined solely by the City, as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in Engagement Letter or the value of services provided as of date of termination.
B. If for any reason, Consultant shall fail to fulfill in a timely and proper manner its obligation for any project awarded by Engagement Letter and pursuant to the provisions of this Agreement, or if Consultant shall violate any of the covenants or stipulations of this Agreement, the City shall then have the right to terminate the Engagement Letter and this Agreement by giving a five (5) calendar day written notice to Consultant. The notice shall refer to this clause, shall specify the nature of the alleged default, and shall specify the effective date of the termination. The Consultant will be paid a total amount equal to the service Consultant has provided, to the City’s satisfaction, as determined solely by the CITY, as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in the Engagement Letter awarded, pursuant to the terms of this Agreement.
C. The Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All the City data, documents, objects, materials or other tangible things, including, but not limited to electronic and handwritten citations, reports, electronic media and other relevant documents, shall be returned to the City upon the termination or expiration of this Agreement. This including copies and reproductions assembled or prepared by Consultant employees, agency, or officers, in connection with this Agreement.
MASTER RETAINER AGREEMENT NO. 3998
15. RESOLUTION OF DISPUTES.
A. Disputes regarding the interpretation or application of any provisions of any Engagement Letter awarded and this AGREEMENT shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties.
B. If any action, at law or in equity, is brought to enforce or to interpret any provisions of any Engagement Letter awarded pursuant to this AGREEMENT, the prevailing party in such action shall be entitled to recover reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
16. FORCE MAJEURE. The respective duties and obligations of the Parties hereunder shall be suspended while and so long as performance hereto is prevented or impeded by strikes, disturbances, riots, fire, severe weather, government action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the control of the party from whom the affected performance was due.
17. ASSIGNMENT. The Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without the City’s prior written consent, and any attempt to do so shall be void and of no effect. The City shall not be obligated or liable under this Agreement to any Party other than the Consultant.
18. COMPLIANCE WITH LAWS. The Consultant shall keep informed of State, Federal and local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement.
The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if the Consultant is an outof-state corporation or LLC, it must be qualified or registered to do business in the State of California pursuant to sections 2105 and 17708.01 et seq. of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
19. PERSONNEL. The Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by the Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The Consultant reserves the right to determine the assignment of its own employees to the performance of the Consultant’s services under this Agreement, but the City reserves the right, for good cause, to require the Consultant to exclude any employee from performing services on the City’s premises. __________________________shall be the Consultant’s project administrator and shall have direct responsibility for management of the Consultant’s performance under this Agreement. No change shall be made in the Consultant’s project administrator without the City’s prior written consent.
20. MUTUAL COOPERATION. The City shall provide the Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper MASTER RETAINER AGREEMENT NO. 3998
performance of the Consultant’s services under this Agreement. In the event any claim or action is brought against the City relating to the Consultant’s performance in connection with this Agreement, the Consultant shall render any reasonable assistance that the City may require.
21. RECORDS AND INSPECTIONS. The Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. The City shall have the right to access and examine such records, without charge, during normal business hours.
The City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
22. PERMITS AND APPROVALS. The Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.
23. SURVIVING COVENANTS. The Parties agree that the covenants contained in Sections 8, 10, 13, and 20 of this Agreement shall survive the expiration or termination of this Agreement.
24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY.
A. In the performance of this Agreement, the Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation, and will take affirmative action to avoid such discrimination.
B. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in relation to this Agreement, state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
C. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement, except contracts or subcontracts for standard commercial supplies or raw materials.
25. HEADINGS. The headings appearing at the commencement of each Section of this Agreement, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the Section or paragraph at the head of which it appears, the Section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form MASTER RETAINER AGREEMENT NO. 3998
and vice versa, in any place or places herein in which the context requires such substitution(s).
26. NON-WAIVER.
A. The waiver by the City or the Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. The City’s payment to the Consultant shall not constitute a waiver of any breach of covenant, or any default which may then exist on the part of the Consultant. The City’s payment shall not impair or prejudice any right or remedy available to the City with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed waived by the City or the Consultant, unless expressed in writing.
B. The Consultant shall not be liable for any failure to perform if the Consultant presents acceptable evidence, in the City’s sole judgment that such failure was due to causes beyond the control and without the fault or negligence of the Consultant.
C. The respective duties and obligations of the parties hereunder shall be suspended while and so long as performance hereto is prevented or impeded by strikes, disturbances, riots, fire, severe weather, government action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the control of the party from whom the affected performance was due.
27. COURT COSTS.
Each right, power, and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.
If any action, at law or in equity, is brought to enforce or to interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to recover reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be Los Angeles County, California.
28. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District of California.
MASTER RETAINER AGREEMENT NO. 3998
29. SEVERABILITY. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
30. ENTIRE AGREEMENT. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between the City and the Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by the City and the Consultant
31. MUTUAL COOPERATION IN PREPARATION OF THIS AGREEMENT. Each Party has cooperated in the drafting and preparation of this Agreement. Therefore, this Agreement shall not be construed against any Party on the basis that such Party drafted this Agreement or any provision within it.
[SIGNATURE PAGE TO FOLLOW]
MASTER RETAINER AGREEMENT NO. 3998
TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
CITY OF MONTEBELLO TRANSTECH ENGINEERS, INC.
______________________________ _________________________________ René Bobadilla, P.E. Ahmad Ansari
City Manager Principal-in-Charge
Dated: ________________________ Dated: ____________________________ ATTEST:
___________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
___________________________
Arnold M. Alvarez-Glasman
City Attorney
• Exhibit A – Scope of Work
• Exhibit B – Sample Engagement Letter
• Exhibit C – Fee Schedule
EXHIBITS:
Exhibit A
Scope of Work
Proposal
ON-CALL
ARCHITECTURAL AND ENGINEERING
DESIGN SERVICES
RFP No. 22-8
Due Date: 6-2-2022, 3 pm
Submittal Requirement:
PlanetBids
S u b m i t t e d B y
TRANSTECH Engineers, Inc.
Contact Person:
Ahmad Ansari, PE, Principal
E: [email protected]
C: 949-702-5612
O: 909-595-8599
Transtech.org
S u b m i t t e d T o
City of MONTEBELLO
Public Works Department
Attn: James Enriquez, P.E., Director / City Engineer
1600 W. Beverly Blvd.
Montebello, CA 90640
13367 Benson Avenue
Chino, CA 91710
www.transtech.org
855.595.2495 (toll-free)
ISO 9001 Certified
June 2, 2022
City of MONTEBELLO
Public Works Department
Attn: James Enriquez, P.E., Director / City Engineer
1600 W. Beverly Blvd.
Montebello, CA 90640
Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
RFP No. 22-8
Dear Mr. Enriquez:
Transtech is pleased to submit this Proposal for the subject services.
Thank you for the opportunity to submit this Statement of Qualifications. Should you have any questions, or require additional information, please contact us.
Sincerely,
Transtech Engineers, Inc.
Ahmad Ansari, Principal
E: [email protected]
C: 949-702-5612
O: 909-595-8599
6-1-2022
ADDENDA ACKNOWLEDGEMENT
Ahmad Ansari, Principal
Table of Contents
Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 Section Page
I. Cover Letter (per RFP, limited to 2 pages) I.1 – I.2 II. Qualifications and Experience (per RFP, limited to 50 pages) II.1 – II.29
1. COMPANY QUALIFICATIONS II.1
2. PROJECT TEAM AND STAFF QUALIFICATIONS II.6
A. General Staff Qualifications II.6
B. Project Organization Chart II.7
C. Resumes II.8
3. STAFF AVAILABILITY II.14
4. PROJECT EXPERIENCE II.15
5. REFERENCES II.23
III. Scope of Work (per RFP, limited to 10 pages) III.1 – III.10
1. PROJECT UNDERSTANDING III.1
2. SCOPE OF SERVICES III.1
3. APPROACH III.6
IV. Other Documents IV.1 – IV.2
1. FINANCIAL STATEMENT IV.1
2. SCHEDULE OF BILLING RATES IV.2
Appendix-Agreement App.1 – App.3
I. Cover Letter
(per RFP, limited to 2 pages)
I. Cover Letter (per RFP, limited to 2 pages) I.1
Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 June 2, 2022
City of MONTEBELLO
Public Works Department
Attn: James Enriquez, P.E., Director / City Engineer
1600 W. Beverly Blvd.
Montebello, CA 90640
Proposal
ON-CALL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 Dear Mr. Enriquez:
Transtech is pleased to submit this Proposal for the subject services. This Cover Letter provides an Executive Summary of our proposal.
Company Profile: Established in 1989, Transtech (a California Corporation) is a multi-disciplinary engineering consulting firm. Transtech is currently providing municipal services to approximately 65 agencies, and has extensive experience providing services to public sector clients and working in a mixed public agency staff/consultant environment for over 32 years.
Service Capabilities: Transtech is a multi-disciplinary municipal engineering consulting firm. Our service capabilities include:
• Building & Safety Services, Building Inspection, Plan Check, Building Evaluations, City Building Official, Code
Enforcement
• Civil Engineering,
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management
• Grant Writing
• CDBG Project Management
• City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and Engineering
• Water Resources Engineering
• Surveying, Mapping, ALTA, ROW Engineering
• Emergency, Support Services
Unique Qualifications: One of the unique qualifications of Transtech is that we serve a number of public agencies as municipal contract service providers. Our resources include approximately 100 staff members. We serve as Contract City Engineer, City Traffic Engineer, CIP Manager, PW Director, Building Official, Building Inspector, Plans Examiner/Plan Checker, Permit Technician, Public Works Inspector, Construction Manager, Construction Inspector, Designer, Federally Funded Project Manager and in other capacities for a number of public agencies.
Experience in Federally Funded Projects: For contract administration, we follow guidelines described in Caltrans Local Assistance Procedures Manual (LAPM). We have extensive experience in the management and administration of federally funded projects. In the past few years alone, we managed over 30 federally funded projects. Our staff members have completed Caltrans Resident Engineer Academy for Federally Funded Projects.
Experience with METRO: We work with METRO on a number of projects. Currently, we are managing 710 Mobility Improvement Projects for the Cities of Alhambra and Rosemead, which has total funding of over $200m.
Experience with CALTRANS: Our team includes experienced staff members who have worked for CALTRANS and are intimately familiar with the standards and procedures, project development and approval process, and requirements.
Experience in Los Angeles County: We work with LA County PW and coordinate many projects at our contractor Cities with the County. We are also under multi-year contract with the County of Los Angeles to provide Building, Plan Check and Inspection Services.
Experience with SCAG: We have familiarity with the SCAG long range transportation plans and policies as they affect various cities in the Southern California Region.
www.transtech.org
855.595.2495 (toll-free)
ISO 9001 Certified
13367 Benson Avenue
Chino, CA 91710
I. Cover Letter (per RFP, limited to 2 pages) I.2
Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 Thank you for the opportunity to submit this proposal. Should you have any questions, please contact us.
Sincerely,
Ahmad Ansari, PE, Principal E: [email protected] ; C: 949-702-5612; O: 909-595-8599 Experience in Local Area: Transtech has a strong presence in LA County and local area, including providing services to several agencies around Montebello:
City of Commerce
✓ Contract Building & Safety and City Eng./City Traffic Eng.
Services
City of Monterey Park
✓ Contract Building & Safety and City Eng./City Traffic Eng.
Services
City of South El Monte
✓ Contract Building & Safety and City Eng./City Traffic Eng. Services
City of Rosemead
✓ Contract City Eng./City Traffic Eng. Services
Working in Mixed Staff/Consultant Environment: We consider our staff as extension of City staff, and work in the same structure and hierarchy as other City staff. We coordinate and interact with various in-house City staff members just as another City staff member as part of the City Team.
Readily available, large pool of staff with diversified expertise: We have a readily available large of pool of staff with diversified and extensive expertise in requested services and will be able to respond to service requests and mobilize our resources quickly. Our resources include approximately 150 staff members.
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 will provide additional resources to accommodate inspection requests during off business hours and weekends.
Technology: Transtech has integrated many technological assets into its services to provide the most efficient and costeffective service. • Electronic Plan Check: Transtech provides Electronic Plan Check. Click here for a sample of our electronic plan check portal at one of our contract Cities.
• Virtual Counter: We offer virtual meetings with plan checkers. To explore the virtual Plan Check Counter appointment calendar at one of our contract Cities, click here.
Community Involvement: Supporting civic and community activities demonstrates Transtech’s commitment to the progress, health, and well-being of the communities we serve. This is something that we take pride in as a company. In services and partnership with our client cities, we have a proven record of active engagement in City and Community events. Our goal is not just to serve as an engineering consultant which is what we are best at, but also in being an active partner with our clients, to further enhance the City’s reputation as an ideal community to live, invest, work, and play in.
We believe our team is well qualified to perform the services requested: We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. ✓ Successfully providing similar services to many agencies for over 32 years. ✓ Proven track record in on time and within budget project delivery. ✓ Multi-disciplinary engineering consulting service capabilities to provide an array of municipal services. ✓ Ability to work collaboratively with agencies, project applicants, and other stake holders, and communicate effectively with diverse audiences and stakeholders at public forums. ✓ Committed to producing a high-quality work product and deliver a high level of customer care. ✓ We understand the importance of an effective public relations and information program, and have managed large projects, which involved multiple agencies and jurisdictions. ✓ Understanding of public agencies procedures, and policies, and extensive experience in preparing staff reports, and presentations to City Council, Boards and public.
✓ Our services are founded on the principals of Total Quality Management for Total Customer Care and Satisfaction. ✓ Commitment of principal level management and involvement throughout the contract duration. ✓ Commitment of principal level management and involvement throughout the contract duration.
II. Qualifications and Experience
(per RFP, limited to 50 pages)
II. Qualifications and Experience (per RFP, limited to 50 pages) II.1 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8
1. COMPANY QUALIFICATIONS
Company Profile:
Established in 1989, Transtech (a California Corporation) is a multi-disciplinary engineering consulting firm.
Transtech is currently providing municipal services to approximately 65 agencies, and has extensive experience providing services to public sector clients and working in a mixed public agency staff/consultant environment for over 32 years.
Service Capabilities:
Transtech is a multi-disciplinary municipal engineering consulting firm. Our service capabilities include:
• Building & Safety Services, Building Inspection, Plan Check, Building Evaluations, City Building Official, Code
Enforcement
• Civil Engineering,
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management
• Grant Writing
• CDBG Project Management
• City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and Engineering
• Water Resources Engineering
• Surveying, Mapping, ALTA, ROW Engineering
• Emergency, Support Services
Currently, we are providing municipal, services to approximately 65 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, Inspection, Permit Technician
City of Alhambra
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
✓ Building & Safety Services: Building Official, Plan
Review, Inspection, Permit Technician
II. Qualifications and Experience (per RFP, limited to 50 pages) II.2 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 City of Commerce
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
✓ Building & Safety Services: Building Official, Plan Review, Inspection, Permit Tech
City of Big Bear Lake
✓ Building & Safety Services: Building Plan Review
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Design, CIP and Construction Management, PW
PC/Insp, Fed Proj Management
City of Maywood
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
City of Chino
✓ CIP Management Services: Transtech is City’s Contract CIP Manager for major Public Works Projects.
City of Ontario
✓ CIP Management Services: Transtech is City’s Contract CIP Manager for major Public Works Projects.
City of Monterey Park
✓ Engineering Services/CIP Management: Engineering
Support, Traffic Engineering, CIP Management, PW Plan
Check
✓ Building & Safety Services: Building Official, plan check and as-needed inspection
Bear Valley Community Services District
✓ District Engineering Services/CIP Management:
Engineering Support, Traffic Engineering, CIP
Management,
City of South Pasadena
✓ Building & Safety Services: Building Official, Plan Review, Inspection, Permit Tech
City of Seal Beach
✓ Building & Safety Services: Building Official, Plan Review, As-needed Inspection
City of Azusa
✓ Building & Safety Services: Building Plan Review, Asneeded Insp San Manuel Indian Reservation
✓ Building & Safety Services: Building Official, Plan Review, Inspection
San Manuel Casino
✓ Building & Safety Services: Building Official, Plan Review, Inspection
City of Placentia
✓ On-call PM/CM and Development/PW Plan Check: Oncall services.
City of San Clemente
✓ On-call Services: Development/Public Works Plan
Check
City of Rialto
✓ On-call Services: PW Permit Inspection Services.
City of Culver City
City of South El Monte
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
✓ Building & Safety Services: Building Official, Plan
Review, As-needed Inspection, As-Needed Permit
Technician
City of West Covina
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW PC, Fed Proj Management
✓ Building & Safety Services: Building Official, Plan
Review, Inspection, Permit Technician
City of Rosemead
✓ City Engineering Services: City Eng, Traffic Eng,
Development/Public Works Plan Check, Map and Plan
Check, Permit Inspection, Design, CIP and Construction
Management, PW Insp, Fed Proj Management
City of Pico Rivera
✓ City Engineering and CIP Management Services: City
Engineer and CIP Management.
City of Bell
✓ Building & Safety Services: Building Official, Plan
Review, Inspection, Permit Technician
City of Hawaiian Gardens
✓ Building and Safety Services: Building Official, Plan Review, Inspection, Permit Technician
City of Downey
✓ Building & Safety Services: Plan Review, Inspection
County of Riverside
✓ Building & Safety Services: Plan Review, Inspection
San Bernardino County Housing Authority
✓ On-call Services: As-Needed Support
City of San Bernardino
✓ On-call Services: Traffic Engineering, Constr.
Management.
City of Moreno Valley
✓ Building & Safety Services: Plan Review, Inspection
UTC Corporation/City of Riverside
✓ Building & Safety Services: Plan Review, Inspection, and Support
City of El Monte
✓ On-call Services: Engineering Support, Traffic
Engineering, Construction Management,
Development/Public Works Plan Check, Map and Plan
Check.
County of Los Angeles
✓ Building & Safety Services: Plan Review, Inspection
City of Norwalk
✓ Building & Safety Services: Plan Review
City of San Marino
✓ City Traffic Engineering Services: City Traffic
Engineering
City of Hermosa Beach
✓ Plan Check Services: Dev Plan Check
City of Banning
II. Qualifications and Experience (per RFP, limited to 50 pages) II.3 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 ✓ On-call Engineering Services: Eng Services
City of Santa Ana
✓ On-call Services: Eng and Tech Support Services
City of Chino Hills
✓ On-call Services: Engineering
City of Anaheim
✓ Engineering Services: Engineering Services
City of Pasadena
✓ On-call Engineering Services: Engineering Services
City of Yorba Linda
✓ Traffic Engineering Services: On-call Traffic Engineering City of Irwindale
✓ On-call Services: Construction Management and
Inspection Services.
✓ 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 Lynwood
✓ On-call Services: Engineering, Construction
Management
Experience in Federally and State Funded Projects and LAPM:
We have extensive experience in the management and administration of federally funded projects. In the past few years, we managed over 30 federally funded projects. Our staff members have completed Caltrans Resident Engineer Academy for Federally Funded Projects. We follow guidelines and procedures of Caltrans Local Assistance Procedures Manual (LAPM).
Experience in Grants:
Our team has proven track record in obtaining outside grants for its client cities. Our staff works with our client cities to find potential funding sources, and to prepare competitive applications for various programs. We have obtained extensive amount of funds for our client cities. Additionally, after funds are awarded to a client, our experienced staff provides assistance to ensure compliance with applicable funding program requirements, including preparing necessary clearance approvals (environmental, utilities, ROW), processing E-76 authorizations, and managing project.
Dedication and commitment to serve public sector clients:
Transtech is currently providing municipal services to approximately 65 public agencies. We have extensive experience providing services to public sector clients and working in a mixed public agency staff/consultant environment for over 32 years. We consider our staff as extension of City staff, and work in the same structure and hierarchy as other City staff, and coordinate and interact with various City staff members.
Experience with METRO:
We work with METRO on a number of projects. Currently, we are managing 710 Mobility Improvement Projects for the Cities of Alhambra and Rosemead, which has total funding of over $200m.
Experience with CALTRANS:
Our team includes experienced staff members who have worked for CALTRANS and are intimately familiar with the standards and procedures, project development and approval process, and requirements.
Experience in Los Angeles County:
We work with LA County PW and coordinate many projects at our contractor Cities with the County. We are also under multi-year contract with the County of Los Angeles to provide Building, Plan Check and Inspection Services.
Experience with SCAG:
We have familiarity with the SCAG long range transportation plans and policies as they affect various cities in the Southern California Region.
Experience in Local Area:
Transtech has a strong presence in LA County and local area, including providing services to several agencies II. Qualifications and Experience (per RFP, limited to 50 pages) II.4 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 around Montebello:
City of Commerce
✓ Contract Building & Safety and City Eng./City
Traffic Eng. Services
City of Monterey Park
✓ Contract Building & Safety and City Eng./City
Traffic Eng. Services
City of South El Monte
✓ Contract Building & Safety and City Eng./City
Traffic Eng. Services
City of Rosemead
✓ Contract City Eng./City Traffic Eng. Services
Readily available, large pool of staff with diversified expertise:
We have a readily available large of pool of staff with diversified and extensive expertise in requested services and will be able to respond to service requests and mobilize our resources quickly. Our resources include approximately 150 staff members.
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 will provide additional resources to accommodate inspection requests during off business hours and weekends.
Technology: Transtech has integrated many technological assets into its services to provide the most efficient and cost-effective service.
• Electronic Plan Check: Transtech provides Electronic Plan Check. Click here for a sample of our electronic plan check portal at one of our contract Cities.
• Virtual Counter: We offer virtual meetings with plan checkers. To explore the virtual Plan Check Counter appointment calendar at one of our contract Cities, click here.
Community Benefit Enhancement (CBE):
Supporting civic and community activities demonstrates Transtech’s commitment to the progress, health, and well-being of the communities we serve. This is something that we take pride in as a company. In services and partnership with our client Cities, we have a proven record of active engagement in City and Community events. This includes involvement or presence at City programs or events, supporting local businesses through the chamber, youth events, hosting workshops, sports, scholarship opportunities, community service, managing homelessness challenges, public safety, crime prevention, or any other community benefit that the City wishes us to be a part of. Our goal is not just to serve as a consultant (which is what we are best at) but to also be an active partner with our clients and further enhance the City’s reputation as an ideal community to live, invest, work, and play. We are deeply committed to maintaining our partnership with our valued customers, its community, and remain open and enthusiastic to receiving input on how to best serve the City's needs today and in the future. Below are some recent CBE programs we have started, facilitated and/or were part of.
CAL POLY POMONA'S TRANSTECH ENGINEERS SCHOLARSHIP PROGRAM: In honor of our 30th year in business, we wanted to give back and leave an everlasting legacy for young adults in the STEM field. We are very proud to announce that we have partnered with Cal Poly Pomona and have created the Transtech Engineers Scholarship Program. This gift was inspired in part by the team members and interns who attended Cal Poly. The education and skills gained through a polytechnic education at Cal Poly have proven to be a valuable asset to our company.
MONTEREY PARK’S 5TH ANNUAL GERANIUM FESTIVAL AND ARTWORK: The Transtech Team joined the City of Monterey Park at the Geranium Festival. This has become an annual workshop we host for the youth. The Transtech team proudly hosts a STEM Booth focusing on Science, games for the children attending the festival. We used this as an educational opportunity to share our love of engineering with the youth of the community through an interactive booth where we II. Qualifications and Experience (per RFP, limited to 50 pages) II.5 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 built small catapults and a personal spider web!
TEMPLE CITY YOUTH COMMITTEE PEDESTRIAN SAFETY BOOTH: Transtech Team volunteered their time at no cost to the City by preparing traffic safety brochures and working together with the youth committee to educate the community about road safety for motorists, pedestrians, and cyclists. Transtech joined the Temple City Youth Committee in hosting the booth that focused on pedestrian safety and included surveys for the community to fill out related to the types of traffic improvements they would like to see around the City, their frequency of using different modes of transportation (walking, cycling, driving), and other traffic related questions.
GIRLS LEADERSHIP AND MENTORING (GLAM) WORKSHOP AT BELL’S MAGNOLIA SCIENCE ACADEMY: The Transtech Team volunteered their Saturday to be part of an incredibly impactful and inspiring panel of women at the 6th Annual GLAM Workshop. Hosted by Magnolia Science Academy in the City of Bell, the workshop included young women between the ages of 10 and
17. The purpose of the workshop is to empower young women to advocate for themselves and others while making positive life choices so they can become the leaders we all know they can be!
HIGH SCHOOL ENLISTEE RECOGNITION CEREMONY THROUGH “OUR COMMUNITY SALUTES”:
Transtech was honored to be part of the High School Enlistee Recognition Dinner Ceremony through the nonprofit organization “Our Community Salutes”. The Ceremony took place in Pico Rivera. It recognized and honored high school enlistees and their commitment to military service as well as provided parents and guardians of enlistees with community support as their son or daughter transition into military service.
Transtech’s First Responders Appreciation Initiative:
Giving back to the
communities we serve is
part of our service
philosophy. In response to
the global pandemic and
the many challenges
local businesses
experienced, the
Transtech Engineers team
developed and
implemented a unique
First Responders
Appreciation Initiative
that collaborates with
local Chambers, supports
local restaurants, and
appreciates our community’s First Responders. The Transtech team personally picks up the meal orders and delivers them to our First Responders. So far to date, we are proud to share that Transtech’s First Responders Appreciation Initiative has provided over 350 meals and beverages from 13 local restaurants in 8 cities serving 6 Police/Sheriff Stations and 13 Fire Stations.
II. Qualifications and Experience (per RFP, limited to 50 pages) II.6 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8
2. PROJECT TEAM AND STAFF QUALIFICATIONS
A. General Staff Qualifications
Unique Qualifications:
One of the unique qualifications of Transtech is that we serve a number of public agencies as municipal contract service providers. We serve as Contract City Engineer, City Traffic Engineer, CIP Manager, PW Director, Building Official, Building Inspector, Plans Examiner/Plan Checker, Permit Technician, Public Works Inspector, Construction Manager, Construction Inspector, Designer, Federally Funded Project Manager and in other capacities for a number of public agencies.
Working in Mixed Staff/Consultant Environment:
We consider our staff as extension of City staff, and work in the same structure and hierarchy as other City staff. We coordinate and interact with various in-house City staff members just as another City staff member as part of the City Team.
Licenses and Certificates in Diversified Fields:
• Professional Licensed Engineer (PE)
• Professional Licensed Traffic Engineer (TE)
• Professional Licensed Land Surveyor (PLS)
• Professional Transportation Planner (PTP)
• Licensed General Contractor A and B
• Qualified Storm Water Pollution Prevention Plan
Developer (QSD)
• Qualified Storm Water Pollution Prevention Plan
Practitioner (QSP)
• General Permit Qualified Industrial Stormwater
Practitioner (QISP)
• ICC Certified Building Official
• ICC Certified Sustainability Professional
• ICC Certified Building, Electrical, Mechanical &
Plumbing Electrical Plans Examiner
• ICC Certified Commercial Building, Electrical,
Mechanical & Plumbing Inspector
• ICC Certified Building Code Official
• ICC Certified Residential Building, Electrical,
Mechanical & Plumbing Inspector
• ICC Certified Combination Inspector
• ICC Certified Fire Plans Examiner
• ICC Certified Permit Technician
• ICC Certified CalGreen - California Green Building
Plan Examiner
• ICC Certified CalGreen - California Green Building
Inspector
• ICC Certified CA Residential Mechanical Inspector
• ICC Certified Plumbing Inspector UPC ICC Certified
CA Commercial and Res Plumbing Inspector
• ICC Certified Accessibility Plans Examiner
• ICC Certified Accessibility Inspector
• CASp, California Access Specialist
• IAPMO Certified CA Residential Mechanical
Inspector
Our staff members are involved in many local and national ICC and CALBO committees, and are involved in the development of local and national guidelines and codes:
• Chair; ICC Sustainability Membership Council
• Chair; ICC LA Basin Chapter Inspection Committee
• Commissioner; ICC Codes & Standards Council
• Commissioner; CALBO Green Committee
• Commissioner; ICC/CALBO CA Exam Committee
• Commissioner; CALBO Outreach/Communications
Committee
• ICC Los Angeles Basin Chapter Board of Directors
• ICC Building Officials Membership Governing Council
• ICC Code Development Committee Vice Chair
• ICC Technology/Web Advisory Group
• IAS Accreditation Committee
• ICC LA Chapter Accessibility Committee
• Commissioner; CALBO State Licensing Boards
Committee
II. Qualifications and Experience (per RFP, limited to 50 pages) II.7 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 B. Project Organization Chart
AHMAD ANSARI, PE
Contract Principal
Former City Eng/PW Dir
BAHMAN JANKA, TE, Principal Traffic Engineer
Support for Traffic Engineering, when needed
Former City Traffic Engineer
MICHAEL ACKERMAN, PE, QSD, QSP, QSIP, Sr.
Engineer
Support for Project Management, Engineering,
Review, when needed
ZIAD Y. MAZBOUDI, PE, QSD, QSP, CPSWQ, CPESC,
LEED AP, D.WRE, Sr. Engineer
Support for Project Management, Engineering,
Review, when needed
CARLOS A. PINEDA, PE, QSD, QSP, LEED, Sr. Engineer
Support for Project Management, Engineering,
Review, when needed
JEFFREY KAO, PE, CASp, CBO, Sr. Engineer
Support for ADA CASp Review, when needed
DAVID RAGLAND, PE, PLS, QSD, QSP, Sr. Engineer
Support for Map Check, when needed
JANA ROBBINS, PTP, RSP, Professional Transportation
Planner
Support for Traffic/Transportation Planning, when
needed
ALI F. ZAGHARI, PE, PMP, Sr. Engineer
Support for Coordination with Caltrans for projects
involving Caltrans, when needed
Former Caltrans District 7 Dep. Dir/Traffic
Operations
MOHAMMED MOSTAHKAMI, PE, Sr. Engineer
Support for Project Management
Former City Eng/PW Dir
NORMAN BACULINAO, PE, TE, Sr. Traffic Engineer
Support for Traffic Signal System/Operations, when
needed
Former City Traffic Engineer
CRAIG WHEELER, Licensed A General Eng.
Contractor, Sr. Construction Manager
Support for Construction Management, when
needed
OKAN DEMIRCI, PE, QSD, QSP, Project Manager
Support for CIP Management, when needed
MELISSA DEMIRCI, RSP
Municipal Services Contract
Management
II. Qualifications and Experience (per RFP, limited to 50 pages) II.8 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 C. Resumes
Following are Resumes of some of our key staff members who may be involved in providing various services:
AHMAD ANSARI, PE, Contract Principal
Education
• BS in Engineering, MBA
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Ansari has over 30 years of past experience in City and County Public Works and has worked at several municipalities in Southern California, including:
• City of Moreno Valley- Public Works Director/City Engineer • City of Rialto- Public Works Director/City Engineer
• City of Perris- Public Works Director
• City of Pomona- Deputy Public Works Director/Assistant City Engineer.
He has managed CIP Programs and Public Works Operations, and served as the responsible in charge of numerous multi-disciplinary teams, including:
• Capital Improvement Program project management and delivery • Real Property/Right of Way acquisition and management • Traffic and Transportation engineering
• Private Development/Entitlement process review and approval • Maintenance and Operations including roads, storm drains, sewers, parks, facilities, traffic signals, signs/striping, fleet
• Special Districts, Landscape/Lighting Assessment
• Electric Utility
MELISSA DEMIRCI, RSP, Municipal Services Contract Management Education
• BS in Civil Engineering
Registrations/Certifications
• Road Safety Professional
Highlights
Mrs. Demirci has over 12 years of experience in Municipal Services, including City & Traffic Engineering and Building Services. She serves as Project Manager as one of Transtech’s representative for Municipal Services at various Cities.
Her prior experience includes working at the City of Los Angeles, Mayor’s Office Energy and Environment Team while completing her civil engineering degree at Cal Poly Pomona.
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 II. Qualifications and Experience (per RFP, limited to 50 pages) II.9 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 • 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:
• 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 review of Street Improvement Plans, Rough and Precise Grading Plans, Sewer Plans, Storm Drain Plans, Street Lighting Plans, Storm Water Pollution Prevention Plans, Water Quality Management Plans, Geotechnical Reports, and Hydrology/Hydraulic Studies, land development, industrial, commercial, residential, and transportation development projects including Tract and Parcel Maps. He also directed and performed plan check of improvement plans submitted by developers to the City. • 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.
Public Works Projects Experience: Mr. Ackerman has also served as Project Design Engineer, Project Manager, and Construction Manager/Resident Engineer on a number of projects.
BAHMAN JANKA, TE, Principal Traffic Engineer
Education
• MS, BS in Civil Engineering
Registrations/Certifications
• Registered Traffic Engineer
Highlights
Mr. Janka has over 35 years of experience in Traffic Engineering and Transportation Planning.
He has served as City Traffic Engineer and Transportation Administrator 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.
CARLOS A. PINEDA, PE, QSD, QSP, LEED, Sr. Engineer
Education
• BS in Civil Engineering,
Registrations/Certifications
• Registered Civil Engineer
Highlights
II. Qualifications and Experience (per RFP, limited to 50 pages) II.10 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 Mr. Pineda has over 30 years of experience in civil engineering and project management. He has extensive experience working for both private and public sectors. He has participated on numerous multi-disciplinary teams dealing with the planning and development of civil and traffic engineering, urban and rural development, and public works projects. He has served as Principal Project Manager for a variety of projects.
Public works design experience covers a wide variety of projects, including the improvement of major arterials, secondary highways and collectors, flood control and drainage projects, water and waste water projects, ADA retrofit, and safe routes to school projects. He has a good understanding and knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.
Private sector design experience covers a wide range of projects including residential master planned communities and “in tract” residential improvements. In-tract residential improvements included the design and construction of domestic and reclaimed water infrastructure to serve the new developments.
He supervised project managers, engineers and designers in the preparation of Plans, Specifications and Estimates for the construction of Civil Engineering projects, including residential subdivisions, school facilities, public works projects and community parks. He provided Quality Assurance and Quality Control for the Projects. He has also provided engineering support during the Construction Phase of the projects, including responding to RFI’s, plan revisions, review of submittals etc.
ZIAD Y. MAZBOUDI, PE, QSD, QSP, CPSWQ, CPESC, LEED AP, D.WRE, Sr. Engineer Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer, QSD, QSP, CPSWQ, CPESC, LEED AP Highlights
Mr. Mazboudi has 34 years of progressively responsible, diversified experience in public works, engineering, utilities, development engineering, facilities maintenance, sustainability, environmental programs and project management in both the public and private sector, supported by a strong educational background in civil engineering, geographic information systems, water quality/urban runoff, and environmental programs. His experience includes:
• City of San Clemente - PW Department, Deputy Director/Engineering • City of San Juan Capistrano - PW/Utilities Department, Senior Civil Engineer • City of Westminster - PW Department, Associate Civil Engineer/Development Engineer • City of La Habra - PW Department, Assistant Civil Engineer.
Special International Projects:
• US Green Building Council (www.usgbc.org), Egyptian Green Building Council (EGBC)
Represented the US Green Building Council, to assist in the formation of the EGBC.
Provided lectures on the role of government in Green Building and on the US Green Building Program, LEED.
• USAID International Development Agency (www.usaid.gov), In partnership with USAID and ICMA Kingdom of Jordan Commercial/Industrial Environmental Audit In partnership with USAID and ICMA, developed a training manual for the audit of II. Qualifications and Experience (per RFP, limited to 50 pages) II.11 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 commercial and industrial facilities in Jordan. Performed audits in Jordan and provided recommendations to the Minister of the Environment and the Minister of Local Government.
DAVID RAGLAND, PE, PLS, QSD, QSP, Sr. Engineer
Education
• Humboldt State University, CA, Bachelor of Science
Registrations/Certifications
• Registered Civil Engineer
• Licensed Land Surveyor
Highlights
Mr. Ragland is a civil engineer and land surveyor has over 30 years of diverse experience in a wide variety of projects in civil engineering. He has managed numerous multi-disciplinary teams dealing with the planning, engineering, entitlement, environmental permitting, development and construction of urban and rural development, and public works projects.
His experience also includes special emphasis on complex grading and hillside developments (has worked on the civil engineering and development of more than 40,000 acres of hillside properties), preparation of due diligence and project feasibility analysis, through conceptual planning and design to entitlement and construction.
JEFFREY KAO, PE, CBO, CASp, ICC Certified Building Official, Plans Examiner and Inspector Education
• MS, BS Civil Engineering, Cal Poly
Registrations/Certifications
• Registered Civil Engineer; CASp
• ICC Certified Building Official, California Building Plans Examiner, CalGreen Inspector, CalGreen Plans Examiner, Mechanical Plans Examiner, Plumbing Plans Examiner, Building Inspector
Highlights
Mr. Kao has over 20 years of experience and has been working at Transtech as Deputy Building Official, Senior Plans Examiner, On-Site Over the Counter Plans Examiner and performed plan checks for a variety of residential and commercial projects in Cities of Alhambra, South Pasadena, and Temple City. Mr. Kao has broad knowledge of building and safety operations, including working in the capacity of Deputy Building Official and Plans Examiner. His past experience includes working as a structural engineer for 4 years at a structural design firm.
JANA ROBBINS, PTP, RSP, Sr. Transportation Planner
Education
• BA, Cal Poly Pomona
Registrations/Certifications
• Licensed Professional Transportation Planner
Highlights
Ms. Robbins has over 25 years of experience. She serves as one of Transtech representatives at various Cities, prepares traffic safety and calming studies, stop and signal warrants/studies, traffic impact studies, traffic calming reports, parking studies, responds to requests from Public and City Officials and attends Traffic Commission, Planning Commission, City Council Meetings as well as Design Review Board meetings. On behalf of client Cities, reviews traffic impact studies and parking analysis submitted by developers and represents contract Cities at Commission meetings when these projects are reviewed. She works directly with staff in the departments of public works, planning, engineering, and community development at each II. Qualifications and Experience (per RFP, limited to 50 pages) II.12 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 client city. She attends community forums and neighborhood block meetings to discuss and answer questions about current and future traffic conditions. She prepares traffic impact studies for development projects in Southern California, which involves the coordination with developers, as well as local and regional agencies.
NORMAN CAESAR M. BACULINAO, PE, TE, Sr. Traffic Engineer Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil and Traffic Engineer
Highlights
Mr. Baculinao has 30 years of experience in Traffic Engineering. He has strong Traffic Signal System Operation experience, including Traffic Management Centers or TMC. He is technology oriented and has extensive working knowledge of new (Intelligent Transportation System) ITS standards, the System Engineering Process; Traffic Signal System Integration, Video Detection, CCTV systems, twisted pair communication system, fiber optic cables, Ethernet, Light Emitting Diode (LED) signals, Red Light Camera Systems, etc.
His experience includes:
• County of Ventura, California: Traffic Engineering Manager • City of Pasadena, California: Traffic Engineering Manager • City of Santa Clarita, California: Associate Traffic Engineer • City of Stockton, California: Assistant Traffic Engineer • City of Roseville, California: Assistant Traffic Engineer ALI F. ZAGHARI, PE, PMP, Sr. Engineer
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.
II. Qualifications and Experience (per RFP, limited to 50 pages) II.13 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 MOHAMMAD MOSTAHKAMI, PE, Sr. Engineer, QC/QA
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Mostahkami has over 35 years of experience. His experience includes working for various Public Agencies as Public Works Director, City Engineer, Project Engineer, Plan Checker, Designer, including for the Cities of:
• Downey, PW Director
• South Gate, PW Director, City Engineer,
• Arcadia, Civil Engineer.
OKAN DEMIRCI, PE, QSD, QSP, MBA, Project Manager
Education
• BS in Engineering
Registrations/Certifications
• Registered Civil Engineer
• Caltrans Resident Engineer Academy,
Highlight
Mr. Demirci has approximately 10 years of experience. Mr. Demirci serves as Assistant Public Works Director, Assistant 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. Examples of his project experience includes:
• City of Chino, CIP Program Manager
• City of South El Monte, CIP Program Manager
• City of Monterey Park, CIP Program Manager
• City of Commerce, CIP Program Manager
• City of Temple City, CIP Program Manager
• City of Cudahy, CIP Program Manage
CRAIG M. WHEELER, Sr. Construction Manager
Education
• BA
Registrations/Certifications
• NASSCO-Certified Inspector (Pipeline, Lateral and Manhole Assessments) • Licensed A General Eng. Contractor
Highlights
II. Qualifications and Experience (per RFP, limited to 50 pages) II.14 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 Mr. Wheeler has more than 30 years of experience in engineering and construction in both the public and private sectors. He has provided project management and inspection services on a wide variety of public works projects. His experience includes pavement rehab, ADA, sidewalk, curb&gutter, grading, wet and dry utilities, roadway reconstruction and resurfacing, bridge construction and rehabilitation, water and sewer lines, RCP or RCB storm drains, pump stations, booster pump stations, street lights, traffic signals-new and upgrade/modifications, parks, parking lots, structures and other related types of projects. As a project manager and construction inspector, Mr. Wheeler’s responsibilities include site observation and construction quality assurance and control, ensuring general site safety, preparing daily reports, photo documentation, monitoring SWPPP and BMP implementation, providing daily updates to the City project manager, providing recommendations and responses for contractor RFIs, assisting with submittal and shop drawing reviews, tracking quantities, and conducting progress payment reviews. He has inspected projects that are funded with State and Federal Funds, and is familiar Caltrans LAPM for Contract Administration.
Following are examples of projects where Mr. Wheeler served as the Project Inspector and provided on-site CM Support:
• 2019 Residential and Arterial Pavement Improvement, I-159/I-139; City of Torrance • Public Works Inspection (Staff Augmentation); City of Newport Beach • Alicia Parkway Rehabilitation; City of Aliso Viejo
• FY 2017-18 Street Rehabilitation; City of La Habra Heights • Beltway Operational Improvements; Caltrans | Bakersfield • University Drive Widening (Campus to MacArthur); City of Irvine • The Tracks at Brea – Segment No. 4; City of Brea
• CDBG Asphalt Repairs and Asphalt Overlays FY 2017; City of Mission Viejo • Annual Pavement Preservation Program FY 2018-19 and 2015-16; City of Yorba Linda • FY 2015-2016 Annual Citywide Sidewalk Repairs; City of Santa Monica • Manhattan Beach Water Line and Street Improvements; City of Manhattan Beach • Harbor Boulevard Median and LS Improvements; City of Costa Mesa • Citywide Sewer Repairs; City of West Hollywood
• Emergency Storm Drain Repair; City of Torrance
• Concrete Repair Program, Phase VI (CDBG); City of West Hollywood • Bedford Canyon Road Realignment; City of Corona
• Ontario Avenue Median Improvements; City of Corona
• SR-60/Market Street Improvements; City of Riverside
• Rimpau Park; City of Corona
• LAX Terminal Fuel Access Transmission Line Installation and Taxiway Paving Improvements
3. STAFF AVAILABILITY
Readily available, large pool of staff with diversified expertise:
We have a readily available large of pool of staff with diversified and extensive expertise in requested services and will be able to respond to service requests and mobilize our resources quickly. Our resources include approximately 150 staff members.
II. Qualifications and Experience (per RFP, limited to 50 pages) II.15 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8
4. PROJECT EXPERIENCE
Sample Projects Representative of Transtech’s Experience in Civil Engineering:
• 2016, 2017, 2018, 2019, 2020 Annual City-wide Street Rehabilitation Project, City of Commerce: Prepared Design/PS&E as well as provided construction management and inspection services. Cost: $20m. • 2015, 2016, 2017, 2018, 2019, 2020 Annual City-wide Street Rehabilitation Project, City of Temple City:
Prepared Design/PS&E as well as provided construction management and inspection services. Cost:
$10m.
• 2019, 2020 Annual City-wide Street Rehabilitation Project, City of West Covina: Prepared Design/PS&E as well as provided construction management and inspection services. Cost: $3m. • Water Improvement Project, Location 2, Nicolet St., Cottonwood Rd., George St., 12th St., 114th St., City of Banning: The project involved installation of new 8” and 12” D.I. watermain, water service laterals, fire hydrant, water meters and other miscellaneous improvements. Cost: $1.5m. • Agnes Ave Water and Sewer Improvements, City of Lynwood: The project involved installation of waterline, sewer line, and street rehabilitation, AC reconstruction, concrete improvements. Completed:
2021. Cost: $3m.
• CSUSB (Cal State SB University) San Bernardino Campus Access Road: Prepared PS&E and provided construction administration for the project. Improvements included approximately 1-mile street, water, landscape, grading, drainage, street lighting and various other improvements. Cost $5M. • City of San Bernardino Campus Parkway Roadway Design: Prepared PS&E as well as provided construction management and inspection services for the project. Improvements included street, water, sewer, storm drain, landscape, street lighting, traffic signal, and signing and striping. Cost $6M. • Alameda Corridor Agency East (ACE) Rail Grade Crossing Jumpstart Improvement Project: Prepared PS&E for Federally Funded Jump Start Improvement Package #1-Rail Grade Crossing Improvements for Alameda Corridor Agency East (ACE). Project involved 6 agencies and 14 locations in Los Angeles County. Work involved roadway realignment and reconstruction, signalization, traffic control, and construction phasing as well as related improvements such as storm drain, water, sewer landscaping, underground utilities, etc. Cost $8M.
• Shandin Hills Specific Plan: Provided planning engineering services for the preparation of the Specific Plan and Tentative Map. The project is a proposed 240-acre 1049 dwelling unit community in the City of San Bernardino. Drafted the Specific Plan and prepared the master tentative map. • Arrowhead Springs Specific Plan (including annexation into the City): Approximately 4,000-acre site at the foothills of San Bernardino Mountains, and includes 1,500 to 2,000 residential units, 1,000,000 square feet of commercial and office space, 199-acre/18-hole public golf course, renovation, and reuse of the historic Arrowhead Springs Hotel with a new 115 room annex, new 300-room hotel, a conference center, 14-acre corporate office area.
• Eagle Bice, Muscupiabe Land Area Infrastructure Master Plan (Devore area in San Bernardino): Drainage, Sewer and Water Master Plan: Approximately 500-acre area for future 1,100-unit master planned community. The project also included a full infrastructure (roadways, storm drain, water, sewer, parks, and utilities) needs and assessment and cost analysis for this future development. • University of California, Riverside, West Campus Infrastructure: Prepared West Campus Infrastructure Development Design/Study, which identified utility and surface infrastructure requirements, and how these improvements could be phased to accommodate proposed campus growth, for an area of 236.8 acres to support approximately 5 million gross square feet of academic, research, support, and student housing facilities.
• City of San Bernardino Water Projects: Design and construction management of 3500 feet of 20 to 36- inch ductile iron water transmission main in the City of San Bernardino for the development of University Park. Design of over 10,000 feet of 8 thru 12-inch DIP water main for water distribution. Structural arch design for road crossing over the Dept of Water Resources 109-inch Santa Ana pipeline. • City of Riverside Water Projects: Water distribution analysis and computer modeling for University of California Riverside West Campus expansion infrastructure project.
II. Qualifications and Experience (per RFP, limited to 50 pages) II.16 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 • Eastside Water Treatment Facility (EWTF) Phase 3 Expansion, City of Chino: The project involved the expansion of the treatment capacity at the EWTF from 3,500 gallons per minute (gpm) to 7,000 gpm which includes pre-filters, Granular Activated Carbon (GAC) vessels, and an ion exchange system, construction of dual brine pipelines. Completed: Construction is in progress, scheduled to be completed in late 2022.
Cost: $20m.
• Brewster Ave Water and Sewer Improvements, City of Lynwood: The project involved installation of waterline, sewer line, and street rehabilitation, AC reconstruction, concrete improvements. Completed:
2021. Cost: $1.5m.
Sample Projects Representative of Transtech’s Experience in Plan Check:
Agency: CITY OF TEMPLE CITY
Project: Blossom Walk Residential Development (Valuation $6 m). This development includes 24-unit condominiums
and 4 single family homes.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
Agency: CITY OF SOUTH EL MONTE
Project: Chico Residential Development (Valuation $15 m).
This development includes 13 buildings with 70 residential units.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
Agency: CITY OF COMMERCE
Project: Warehouse with Office Space Development
(Valuation $20 m). This development includes one-story of warehouse with mezzanines for office use of 114,898 square feet of total floor area in a 5.65-acre lot.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
II. Qualifications and Experience (per RFP, limited to 50 pages) II.17 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 Agency: CITY OF ALHAMBRA
Project: Main Street Collection (Valuation $23m). This
development includes 4-story mixed-use project with 8,200 s ft retail space, 52 condos, 9 live/work units, 19 townhomes, and 6 shopkeeper units.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
Agency: CITY OF WEST COVINA
Project: Medical Center Building (valuation $20m). This project is a new Medical Office Building of approximately 55,000 sf that will operate 24/7 providing a radiation
oncology department and infusion department.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Building Plan Check and Inspection.
• Engineering Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
Agency: SAN MANUEL BAND OF MISSION INDIANS TRIBE
AND CASINO
Project: Casino Expansion/Development (valuation $700M):
This project involves Casino’s expansion program, which includes casino renovation, new hotel, entertainment
center, parking structure, pedestrian bridges, alignment of entry and exit roads, and various other improvements.
Transtech provided following services:
• Building Plan Check and Inspection.
• Fire Plan Check.
Transtech serves as the Tribe’s and Casino’s (they are 2 sperate entities) Contract Building Official, Plan Checker, Inspector and Fire Marshall.
Sample Projects Representative of Transtech’s Experience in Construction Management, CIP Management, Inspection:
Washington Boulevard Widening and Reconstruction
Project ($30M): Transtech provided CM/CI/Resident
Engineer, Inspector, Office Engineer Services. The project included widening and reconstruction of 2.7 miles of
Roadway, Traffic Signals, Street Lighting, Landscape,
Improvements at I-5 and at 710 Freeways ramps. The
project was federally funded and was managed in
compliance with Caltrans Local Assistance Procedures
Manual. The project was also a Caltrans Oversight Project.
AWARD: This project was recognized as one of the
projects of the year as part of the 2017 American
Public Works Association (APWA) BEST Award, in the
category of Transportation Projects.
II. Qualifications and Experience (per RFP, limited to 50 pages) II.18 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 Rosemead Boulevard Improvements Project ($20M):
Located in the City of Temple City, this was a Federally Funded project. Transtech provided construction
management, resident engineer, inspection, labor
compliance and office engineer services. The project
included protected bike lanes, widening and
reconstruction of 2 miles of roadway (including approx. 6,000 tons rubberized AC overlay).
Rte 71/Mission Bl Grade Separation Project ($40M): This project was a Federally Funded project located the City of Pomona and included construction of a bridge/grade
separation. Transtech provided construction
management, resident engineer, inspection, labor
compliance and office engineer services. Caltrans was the oversight/jurisdictional Agency.
Cactus Avenue and Nason Street Improvements and 135’
Span Bridge Project ($21M): This project was part of the State Local Partnership Program SLPP Grant in the City of Moreno Valley ($21M). Transtech provided construction
management, resident engineer, inspection, and office
engineer services.
AWARD: This project was recognized with a project
achievement award by the Construction
Management Association of America (CMAA) for
Construction Management Services under the Public
Works Category for $11M-$50M ranged projects.
Slauson Avenue ADA Improvements and Tree
Replacement Project ($1.5M): Located in the City of
Commerce, this project was funded thru City’s Measure AA Funds. The project included removal of 149 overgrown
Ficus trees that displaced the sidewalk in some areas up to 2 feet high and replaced them with new ADA compliant
sidewalk and planted 433 drought tolerant trees in their place. Transtech prepared the PS&E, as well as provided construction management, resident engineer, inspection, labor compliance and office engineer services.
Bogert Trail Bridge Widening Project ($5M): Located in the City of Palm Springs, this project was a Federally Funded project. Transtech provided construction management,
resident engineer, inspection, labor compliance and office engineer services. The project involved bridge widening, retrofit, and beautification elements.
City of Ontario, C Block Parking Structure (DB, Design-Build Project, Project Value: $15M): This project is being delivered under DB delivery method. Transtech is the City’s Owner’s Representative/Program Manager. Transtech also
prepared DB Pre-Qualification and RFP Packages, (as a
reference, please click HERE to review the DB PreQualification and RFP Packages prepared by Transtech).
II. Qualifications and Experience (per RFP, limited to 50 pages) II.19 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 City of Whittier, Uptown Parking Structure (DBB, Design-BidBuild Project, Project Value: $12M): The project involved construction of a 4 story, 450 stall parking structure, and includes elements such as bicycle and motorcycle parking and provisions for future photovoltaic panels.. The project was delivered as DBB. Transtech served as Construction
Manager. This project is located in Whittier.
City of Alhambra Civic Center Library Project ($25M):
Transtech provided plan check, inspection, construction management, and owner representative services, the
project included construction of a 45,000 SF Library with an underground parking garage.
Renaissance Plaza ($15M): This project was located in the City of Alhambra and included a parking structure, 10 plex movie theater, retail, and plaza. Transtech served as the City’s Building Official, Plan Checker and Inspector for this project including construction manager of the parking
structure, public plaza, and other improvements.
Rosewood Community Center ($25M): Transtech was
retained by the City of Commerce to take over the
management of this multimillion-dollar facility which was 2 years behind schedule. Within 5 months, Transtech
brought the construction to substantial completion level allowing the City to start the move-in process, and 2
months after, the facility was opened for public use.
Garfield Avenue Parking Structure ($8.5M): This project included a 5-story level, 600 space parking structure as part of the Alhambra Redevelopment Agency and
Downtown Redevelopment. Transtech provided plan
check, inspection, construction management and owner
representative services.
Riverside County Transportation Commission, Corona
Main Street Metrolink Parking Structure and Pedestrian
Bridge (25M): This project is in Corona and included 6
level, approximately 1,000 space parking structure, and a pedestrian bridge over railroad tracks. Transtech
provided inspection and construction management
services for the construction of this federally funded
project.
City of San Bernardino Santa Fe Depot/Metrolink Parking Structure and Historic Santa Fe Depot Renovation Project ($25m): This project included The Parking Structure
involved the construction of a 3-level parking structure for 350 cars. Historic Santa Fe Depot Renovation involved
renovation for adoptive reuse of 60,000 sf historical Santa Fe Train Depot.
II. Qualifications and Experience (per RFP, limited to 50 pages) II.20 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 Citywide Parks Improvement Project ($2.5M): This project included installation of park equipment (playground,
picnic shelters, benches), construction of ADA
improvements, and various PCC improvements at 13 parks
in the City of Monterey Park. Transtech provided CIP
project management which included bid package
preparation, project management and coordination.
Salt Lake Park Splash Pad Project ($1M): This project was located at Salt Lake Park in the City of Huntington Park.
Transtech provided construction management, resident
engineer, inspection, and office engineer services.
Cascades Waterfall Renovation Project ($600K): This
project included the renovation of the Cascades
Waterfall landmark in Monterey Park, which included
lighting, plastering of the fountain, painting, ADA
improvements, PCC walkway improvements, and
landscaping. Transtech provided CIP project
management which included bid package preparation,
project management and coordination.
Lugo Park, Soccer Field and Park Improvements Project
($1.6M): This project was partially funded through CDBG funds in the City of Cudahy. Transtech prepared the PS&E as well as provided construction management and
inspection services for a regulation soccer field with
artificial turf on existing baseball field, DG walking path, landscaping, parking lot expansion, concrete plaza,
lighting, drainage, bathroom, and concession stand ADA
improvements.
Garvey Ranch Basketball Court Improvements ($200K):
This project included construction of new PCC basketball court installation, striping, basketball hoops, fence, and PCC walkway in Monterey Park. Transtech provided bid
package preparation, project management and
coordination.
Sample Projects Representative of Transtech’s Experience in Traffic Engineering:
In addition to providing many diversified services to approximately 65 agencies, we are also providing Traffic Engineering and Transportation Planning Services, including serving as Contract City Traffic Engineer for several agencies:
✓ City of Commerce - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Engineer, Contract City Traffic Engineer, Contract City Building Official ✓ City of Temple City - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Engineer, Contract City Traffic Engineer, Contract City Building Official ✓ City of South El Monte - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Engineer, Contract City Traffic Engineer, Contract City Building Official ✓ City of West Covina - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Engineer, Contract City Traffic Engineer, Contract City Building Official II. Qualifications and Experience (per RFP, limited to 50 pages) II.21 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 ✓ City of Alhambra - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Engineer, Contract City Traffic Engineer, Contract City Building Official ✓ City of Big Bear Lake - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Engineer, Contract City Traffic Engineer, Contract City Building Official ✓ City of Rosemead - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Engineer, Contract City Traffic Engineer
✓ City of Maywood - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Engineer, Contract City Traffic Engineer
✓ City of San Marino - Services Provided: Traffic Engineering and Transportation Planning Services; Contract City Traffic Engineer
✓ City of Cudahy - Services Provided: As-needed Traffic Engineering and Transportation Planning Services; CIP Services; Building & Safety Plan Check Services
✓ City of Monterey Park - Services Provided: As-needed Traffic Engineering and Transportation Planning Services; CIP Services; Building & Safety Services
✓ City of Palm Desert - Services Provided: As-needed Traffic Engineering and Transportation Planning Services
✓ San Manuel Tribe and Casino - Services Provided: As-needed Traffic Engineering and Transportation Planning Services; Engineering Services; CIP Services; Building & Safety Services ✓ City of Lancaster - Services Provided: As-needed Traffic Engineering and Transportation Planning Services ✓ City of Yorba Linda - Services Provided: As-needed Traffic Engineering and Transportation Planning Services
✓ City of Norwalk - Services Provided: As-needed Traffic Engineering and Transportation Planning Services; Building & Safety Services
✓ City of Pomona - Services Provided: As-needed Traffic Engineering and Transportation Planning Services ✓ City of Moreno Valley - Services Provided: As-needed Traffic Engineering and Transportation Planning Services; Building & Safety Services
✓ City of San Bernardino - Services Provided: As-needed Traffic Engineering and Transportation Planning Services
Sample Projects Representative of Transtech’s Experience in Grants and Funding:
Our team has proven track record in obtaining outside grants for its client cities. Our staff works with our client cities to find potential funding sources, and to prepare competitive applications for various programs. Just recently, our firm obtained approximately $80m in funding from METRO for 710 North Corridor Mobility Improvements Projects under Round 2 applications, including $9m for Monterey Park, $27m for Rosemead, and $76m for Alhambra. We also obtained approximately $150m under Round 1 projects for our client cities.
Additionally, after funds are awarded to a client, our experienced staff provides assistance to ensure compliance with applicable funding program requirements, including preparing necessary clearance approvals (environmental, utilities, ROW), processing E-76 authorizations, and managing project. ✓ City of Monterey Park: 2018 Active Transportation Program (ATP) Cycle 4, Citywide School and Crosswalk Safety Improvements Project, Awarded Funding Amount: $1,367,000 ✓ City of Monterey Park: 2018 Highway Safety Improvement Project (HSIP) Cycle 9, Signal Safety Enhancement Project, Awarded Funding Amount: $540,000
✓ City of Alhambra: 2018 Highway Safety Improvement Project (HSIP) Cycle 9, Pedestrian Safety Improvements at Signalized Intersections Project, Awarded Funding Amount: $600,000 ✓ City of South El Monte: 2018 Highway Safety Improvement Project (HSIP) Cycle 9, Signal Safety Enhancement Project, Awarded Funding Amount: $876,000
✓ City of Beaumont: 2018-19 Rubberized Pavement Grant Program (Cal Recycle), Awarded Funding Amount: $299,500
✓ City of Commerce: 2018-19 Rubberized Pavement Grant Program (Cal Recycle), Awarded Funding Amount: $348,600
II. Qualifications and Experience (per RFP, limited to 50 pages) II.22 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 ✓ City of Commerce: 2016-17 Rubberized Pavement Grant Program (Cal Recycle), Awarded Funding Amount: $281,400
✓ City of Huntington Park: 2016 Active Transportation Program (ATP) Cycle II, Uncontrolled Crosswalk SRTS Ped Safety Project, Awarded Funding Amount: $1,032,000
✓ City of Cudahy: 2016 Active Transportation Program (ATP) Cycle III, Atlantic Ave Bicycle and Ped Enhancement Project, Awarded Funding Amount: $1,784,000 ✓ City of San Gabriel: 2016 Highway Safety Improvement Project (HSIP) Cycle 8, Install overhead flashing beacon, Awarded Funding Amount: $270,200
✓ City of Pico Rivera: 2016 Highway Safety Improvement Project (HSIP) Cycle 8, Sign Improvements Project, Award Amount: $696,300
✓ City of Vernon: 2016 SCAG Sustainability Planning Grants Program, Transit Route Feasibility Study, Awarded Funding Amount: $60,000
✓ City of Rosemead: 2015 Metro (MTA) Call for Projects, Garvey Avenue Regional Access & Capacity Improvement Project, Awarded Funding Amount: $2,316,000 ✓ City of Rosemead: 2015 Highway Safety Improvement Project (HSIP) Cycle 7, Installation of HAWK Project, Awarded Funding Amount: $241,300
✓ City of Monterey Park: 2015 Metro (MTA) Call for Projects, Monterey Pass Road Complete Streets Bike Project, Awarded Funding Amount: $1,994,000
✓ City of San Gabriel: 2015 Highway Safety Improvement Project (HSIP) Cycle 7, Signal Safety Enhancements Project, Awarded Funding Amount: $570,000
✓ City of Huntington Park: 2015 Active Transportation Program (ATP) Cycle III, Citywide Uncontrolled Crosswalk Pedestrian Safety Enhancement Project, Awarded Funding Amount: $1,757,000 ✓ City of Cudahy: 2015 Active Transportation Program (ATP) Cycle II, Wilcox Avenue Complete Streets and SRTS Project, Awarded Funding Amount: $1,344,000
✓ City of Cudahy: 2015 Metro (MTA) Call for Projects, City Wide Complete Streets Improvement Project, Awarded Funding Amount: $2,134,000
✓ City of Cudahy: 2015 Highway Safety Improvement Project (HSIP) Cycle 7, Salt Lake Ave Safety Project, Awarded Funding Amount: $363,000
✓ City of Commerce: 2015-16 Rubberized Pavement Grant Program (Cal Recycle), Awarded Funding Amount: $204,500
✓ City of Commerce: 2014-15 Rubberized Pavement Grant Program (Cal Recycle), Awarded Funding Amount: $145,200
✓ City of Alhambra: 2013 Metro (MTA) Call for Projects, Valley Boulevard Ped Improvement/Walking Viability Project, Awarded Funding Amount: $323,000
✓ City of Commerce: 2013 Metro (MTA) Call for Projects, Atlantic Blvd: Washington to Como Goods Movement Project, Award Amount: $631,000
II. Qualifications and Experience (per RFP, limited to 50 pages) II.23 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8
5. REFERENCES
Client Name: City of Monterey Park (Year started and completed: 2013 – Ongoing Service) • Services Provided: Engineering, Traffic Engineering, CIP Management, Design, Construction Management, Inspection, Federally Funded Project Management, Building Official, As-needed Plan Review, Inspection, Permit Technician
• Contact: Ron Bow, City Manager, 626-307-1255; E: [email protected] Client Name: City of Commerce (Year started and completed: 2003 – Ongoing Service) • Services Provided: City Engineer, Traffic Engineer, CIP Design, Construction Management, Inspection, Public Works Plan Checks, Federally Funded Project Management, Building and Safety Plan Check, Inspection, Permit Technician
• Contacts: Jose Jimenez, Development Services Director; T: 323-722-4805; E: [email protected] Client Name: City of South El Monte (Year started and completed: 2018 – Ongoing Service) • Services Provided: City Engineer, Traffic Engineer, CIP Design, Construction Management, Inspection, Public Works Plan Checks, Federally Funded Project Management, Building and Safety Plan Check, Inspection
• Contact: Rene Salas, Assistant City Manager; T: 626-579-6540, Ext. 3040; E: [email protected] Client Name: City of Temple City (Year started and completed: 2012 – Ongoing Service) • Services Provided: Services Provided: City Engineer, Traffic Engineer, CIP Design, Construction Management, Inspection, Public Works Plan Checks, Federally Funded Project Management, Building and Safety Plan Check, Inspection, as needed Permit Technician • Contact: Bryan Cook, City Manager; T: 626-285-2171; E: [email protected] Client Name: City of West Covina (Year started and completed: 2019 – Ongoing Service) • City Engineer, Traffic Engineer, CIP Design, Construction Management, Inspection, Public Works Plan Checks, Federally Funded Project Management, Building and Safety Plan Check, Inspection, Permit Technician
• Contact: David Carmany, City Manager; T: 626-939-8401 E: [email protected] Client Name: City of Alhambra (Year started and completed: 1993 – Ongoing Service) • City Engineer, Traffic Engineer, CIP Design, Construction Management, Inspection, Public Works Plan Checks, Federally Funded Project Management, Building and Safety Plan Check, Inspection, Permit Technician
• Contact: Lucy Garcia, Assistant City Manager; T: 626-570-5010 E: [email protected] Following are few Reference Letters from our Client Cities:
II. Qualifications and Experience (per RFP, limited to 50 pages) II.24 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 II. Qualifications and Experience (per RFP, limited to 50 pages) II.25 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 II. Qualifications and Experience (per RFP, limited to 50 pages) II.26 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 II. Qualifications and Experience (per RFP, limited to 50 pages) II.27 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 II. Qualifications and Experience (per RFP, limited to 50 pages) II.28 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 II. Qualifications and Experience (per RFP, limited to 50 pages) II.29 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 III. Scope of Work
(per RFP, limited to 5 pages)
III. Scope of Work (per RFP, limited to 10 pages) III.1 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8
1. PROJECT UNDERSTANDING
The City of Montebello (City) is seeking proposals from highly qualified consultants to provide On-Call Architectural and Engineering Design Services for a variety of Capital Improvement Projects citywide.
The City’s Capital Improvement Program consists of a variety of projects including, but not limited to, improvements to the following infrastructure: streets; sidewalks; traffic signals; sewers pipes and lift stations; storm drain pipes and lift stations; site improvements on city facilities such as parks and other institutional campuses; and repairs and modifications to city buildings, including electrical and mechanical repairs/improvements. Services may also include the review of plans and specifications prepared by other consultants for CIP projects.
Please note that although a significant portion of the CIP isfunded with local and LA Metro funds, some of the projects are State and Federally funded. Therefore, the consultant shall be familiar with the Caltrans Local Assistance Procedures Manual (LAPM) as demonstrated by experience on projects processed through the Caltrans Local Assistance Program. Projects financed in whole or in part by Federal funds are also subject to Title 49 of the Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” Certified Disadvantaged Business Enterprises, Minority Owned Business Enterprises, and Women Owned Business Enterprises are strongly encouraged to apply. The consultant shall make good faith efforts when procuring services. The Average Annual Disadvantaged Business Enterprise Participation Level (DBE Goal) varies from 4% to 12% depending on the project. Please note that this percentage may change in the future on a per project basis; the consultant will be required to adhere to any new Federal requirements.
2. SCOPE OF SERVICES
The scope and fee per task/project will be negotiated for each Engagement Letter depending on the nature of the task. Once a scope is accepted, the City will negotiate the hourly breakdown of more detailed tasks and the consultant will prepare a fee proposal applying the rates from the accepted Schedule of Billing Rates applied to the various staff proposed. For the purpose of responding to this RFP, the consultant shall assume that the architectural and engineering design services anticipated to be provided for a project typically include, but are not limited to:
Project Management and Coordination
1. The consultant shall be responsible for providing all project management and quality control services throughout the duration of the project. The consultant shall deliver a high quality product within budget and on schedule.
2. The consultant shall meet periodically with the City to discuss the project, present design options, review alternatives, etc.
3. The consultant shall provide monthly schedule updates in conjunction with submittals of invoices.
4. The consultant may be required to make presentations to the City Council at regularly scheduled meetings and community meetings, as directed by the City Engineer.
Deliverables:
• Project Schedule and updates
III. Scope of Work (per RFP, limited to 10 pages) III.2 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 • Monthly invoices shall include a Progress Summary Report indicating the tasks completed for the month and the tasks anticipated to be completed in the next billing cycle. The invoice shall include an itemized summary of the hours per staff member included in the invoice and itemized charges for sub-consultants and reimbursables
• Meeting agendas and minutes for all design and coordination meetings • PowerPoint presentations and other exhibits for public meetings Design
1. The consultant shall provide City staff with draft letters for the City to use in coordinating with all utility companies to obtain existing utility record plans, as-builts, schematics, etc. The existing utility information shall be shown on the final design plans.
2. The consultant shall coordinate with pertinent regulatory agencies, stakeholders, material and equipment suppliers, etc.
3. The consultant shall assist in coordinating appropriate public outreach as directed by the City.
4. The consultant shall conduct all field, topographic and control surveys, prepare all geotechnical studies and reports, obtain title reports for adjacent properties as required, and include survey by a licensed surveyor of all property lines and easements for anticipated right-of-way and easement acquisitions. All topographic survey, property lines, and easements shall be mapped and accurately provided in AutoCAD format for use during design.
5. The consultant shall produce 35% conceptual plans as well as 65%, 95%, and 100% PS&E submittal packages for City review.
6. The consultant shall prepare final bid documents incorporating all comments from previous reviews. Final plans shall be plotted electronically to PDF in full size, and shall be signed by the engineer in responsible charge licensed in the State of California, and ready for reproduction.
7. The plans shall be drawn using the latest version of AutoCAD.
8. Specifications shall be written in the format appropriate for the project (Greenbook, Caltrans, or CSI). The City will provide boiler plates for general provisions. The consultant will be responsible for producing all special provisions and technical specifications in the appropriate format.
9. The schedule of items shall address all items of work as specifically as possible and shall indicate as precisely as possible the quantities.
Deliverables:
• Utility coordination letters
• 35% conceptual drawings, 65%, 95%, and 100% PS&E submittals in electronic (PDF, AutoCAD, Word and Excel) format
• A letter report summarizing review comments and the resolution of the review comments • Final bid documents in electronic format
Environmental Compliance and Permitting
1. The consultant shall be responsible for determining all environmental permits and clearances required to deliver the project. Based on the assessment, the consultant shall prepare, submit and obtain all required III. Scope of Work (per RFP, limited to 10 pages) III.3 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 permits and environmental review documentation required by Federal, State, local, and jurisdictional agencies needed to ensure this project is cleared for construction.
2. The consultant shall be responsible for determining all jurisdictional permits and approvals necessary for the construction of the project and prepare all required permit applications and related documents for processing by the City.
3. The consultant shall prepare appropriate California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), if applicable, and any associated technical studies required to clear the project for construction.
4. The consultant shall prepare a schedule of permits with the required timelines to ensure each permit is obtained prior to the start of construction.
5. All environmental documents shall be prepared in preliminary and final draft stages for City review, and shall incorporate any comments made during the preliminary document review.
6. If applicable, the consultant shall coordinate and manage the environmental document approval process, including all public review and hearings required.
Deliverables:
• Preliminary and final permit applications for submittal by the City • Preliminary and final CEQA/NEPA documentation for processing by the City • Attendance and presentation at related meetings/hearings Final Bid Phase and Bid Phase Support
1. The consultant shall attend the pre-bid meeting (if deemed necessary by the City) and respond to questions concerning the plans, specifications, and estimates prior to bid opening and prepare contract addenda, if required.
2. The consultant shall review construction bids received and make recommendations to the City for award of construction contract.
Deliverables:
• Prepare contract addenda, if required, for distribution by the City, including answers to bidder’s questions
• Prepare recommendations to the City for the award of the construction contract Construction Support Services
1. The consultant shall attend regularly scheduled construction meetings, as directed by the City Engineer, including the pre-construction meeting, to respond to questions concerning the plans, specifications and estimates.
2. The consultant shall review and approve the construction schedule and traffic control plans, as needed.
3. The consultant shall be available to be called to the site in response to questions arising from the progress of the work.
4. The consultant shall review all material submittals and shop drawings as required by the Special Provisions.
III. Scope of Work (per RFP, limited to 10 pages) III.4 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8
5. The consultant shall respond to Request for Information (RFIs) from the contractor when called for by the City and prepare modifications or revisions that are related to the project’s original scope and/or change in character.
The City shall not be billed for nor shall they pay for any revisions to the plans and specifications that are required due to errors or omissions in the original contract documents due to negligence or lack of attention to detail stemming from poor design or field work.
6. The consultant shall assist the City in preparation of contract change orders, including time impact and independent cost analysis, as necessary.
7. The consultant shall assist in verifying monthly billed quantities and progress payments to the contractor.
8. The consultant shall participate in the final walk though of the constructed project and assist in the preparation of “punch list” items in need of work.
9. The consultant shall prepare record drawings following construction from mark ups by the contractor and the resident engineer. Submittal of record drawings shall be full-sized PDFs.
Deliverables:
• Responses to RFIs, material submittals, and shop drawings from the contractor • Plan revisions, as required
• Responses to the review of proposed contract change orders • Plan revisions, as required, and as-builts
PROJECTS FUNDED WITH STATE AND FEDERAL FUNDS
The CITY intends to construct during the duration of this contract multiple transportation projects that are state and federally funded. In addition to the services described above, these projects may require additional or specific services as described below in compliance with the Caltrans Local Assistance Procedure Manual (LAPM). The selected consultant shall perform site investigations, cost estimating, planning, land surveying, preliminary engineering, civil engineering design, construction support and other services as deemed necessary by the CITY for which the consultant is qualified related to federal and state funded projects. The consultant may provide services to the CITY including, but not limited to, the following:
• Project Management – The Public Works Director/City Engineer will serve as the contract manager and direct liaison between the consultant and Caltrans District #7 Division of Local Assistance. The consultant shall be responsible for project management activities throughout the life of the contract and the scope of activities includes, but is not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for the CITY and consultant sub-contractors, and preparing all submissions for the CITY to submit to Caltrans Local Assistance.
• Preliminary Engineering Studies – Develop general project locations and design concepts and related activities needed to establish the parameters for final design such as Geometrics, Hydraulics, Geotechnical, Bridge, Landscape Architecture, Traffic Operations, Electrical, ITS Elements, etc. • Surveys and Mapping – The consultant shall be responsible for data collection, mapping and surveying necessary for preliminary engineering, design, cost estimates, right-of-way impacts, and the level of environmental clearance. The scope of comprehensive base mapping and surveying includes but is not limited to Control Surveys, Aerial Photogrammetry, Design Level Topographic Surveys, Right-of-Way mapping and property boundary mapping required for property acquisitions, and a Record of Survey. • Environmental Studies and Documentation – Complete the environmental review; including preparation of Caltrans Preliminary Environmental Study and all other technical studies and documents required to comply with CEQA and NEPA and to obtain environmental clearance from Caltrans.
III. Scope of Work (per RFP, limited to 10 pages) III.5 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 • Utility Coordination – Submit improvement plans to utility companies in accordance with their requirements. Coordinate utility relocations, including relocation of the utility poles, as needed. Prepare all documentation required to obtain utility clearance from Caltrans. • Right of Way Phase & Determination – Consultant shall prepare Request for Authorization to advance project to Right of Way Phase using procedures outlined in the Caltrans Local Assistance Procedures Manual. When authorized, consultant shall review right-of-way records and establish additional right-ofway along the entire alignment, if necessary. Consultant shall prepare all documents required to obtain right-of-way clearance from Caltrans. Consultant shall also support city staff in negotiations with property owners for property acquisition and in coordinating improvements affecting improvements on private property and necessitating Temporary Construction Easements. • Design – Design the improvements and prepare the plans, specifications, and estimates in accordance with Caltrans Standards and AASHTO Geometric Design guidelines to achieve project objectives.
Consultant shall examine and present project alternatives, as necessary, which complete project goals within construction budget. PS&E shall be submitted to the CITY at 60%, 90%, and final contract documents.
• Construction Phase Authorization – Consultant shall prepare Request for Authorization to advance project to Construction using procedures outlined in the Caltrans Local Assistance Procedures Manual. • Bid Process – Provide an electronic copy of the final approved plans and specifications, a mylar copy of the final approved plans, and a hard copy of the final approved specifications. The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format. CITY will be responsible for making copies of contract documents and will distribute to plan rooms and contractors. Consultant shall respond to questions that arise during the bid phase and prepare addendums which will be distributed by the CITY, as necessary.
• Construction Support – Consultant shall provide support during construction to the CITY’s construction manager. This shall include, but not be limited to, review of submittals and shop drawings, responding to Requests for Information, modifications to the design in response to changed conditions encountered during construction, and assistance in the review and analysis of proposed Change Order Proposals.
Attendance at weekly progress meetings may be required. • Grant Administration – Consultant shall prepare Requests for Authorization (RFA) to Caltrans Local Assistance for the various phases of work including, but not limited to the following: 1) Preliminary Engineering (PE) & DBE Goal Setting;
• 2) Right of Way (R/W); 3) Utility Relocation (RW/UTIL); and 4) Construction (CON). Consultant shall prepare the Award Package and Final Report of Expenditures to Caltrans and shall assist the City in the preparation of Federal and State invoices and requests for reimbursement. These services shall be in accordance with Caltrans Standards, FHWA Standards, and the City’s Standards.
MISCELLANEOUS ENGINEERING SERVICES
The City may request a scope and fee for other miscellaneous engineering services as needs arise. The scope of work for such miscellaneous services will be negotiated and executed as an Engagement Letter.
PRIVATE DEVELOPMENT PROJECTS
The City may request a scope and fee to provide plan checking services for private development projects relating to grading, drainage, site improvements, NPDES storm water quality compliance, street improvements, utility connections, traffic impact studies, and tract/parcel maps. The scope of work for such services will be negotiated and
executed as an Engagement Letter.
III. Scope of Work (per RFP, limited to 10 pages) III.6 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8
3. APPROACH
Customer Care and Responsive Service Approach:
✓ Our services are founded on the principals of Total Quality Management for Total Customer Care and Satisfaction.
✓ 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.
✓ Transtech also provides a 24-hour emergency contact number to its clients. ✓ Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, including responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services. Responsiveness is an integral part of Transtech’s “Customer Care” service approach.
✓ Our Contract Principal will meet with the Client’s Project Manager frequently for service evaluation and address any areas for improvements.
✓ Responsiveness is an integral part of Transtech’s “customer friendly” service approach. While our service is always on an “as needed” basis, our responsiveness is on “full-time” basis. ✓ Transtech understands the importance of being able to expedite certain projects, when requested, by the City. Transtech has sufficient staff and resources to expedite projects. ✓ We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards and requirements.
✓ Transtech is an ISO 9001 certified firm in Quality Management Systems, this certification is based on a number of quality management principles including a strong customer service focus.
Structured Approach:
We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with an efficient and quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards and requirements.
The following paragraphs describe our general approach to deliver projects in an efficient and cost-effective manner. A project specific approach will be provided for each assigned project and will become part of the specific contract for the specific project.
• Project Management: Our approach is to provide proactive management and attempt to identify potential issues and problems in advance and take corrective actions before they become problems.
This requires extensive hands-on knowledge, experience and management skills of the people involved in managing the project. Our team members have extensive experience and proven track record in managing large and complex projects and bringing them to a completion on time and within budget. • Approach to Cost Control and Change Orders: We evaluate project costs and develop feasible mitigation measures to minimize additional costs. We work as a team to solve problems or make modifications in the field to address unforeseen conditions or owner generated changes in a cost-effective manner. • Approach to Scheduling and Timely Completion of Project and Schedule Recovery: The baseline schedule should properly identify the project scope, critical path, project milestones, target dates, phases and sequences of work, and activity durations. When significant activities show that they are slipping from the baseline, we work with the contractor to develop recovery plans.
III. Scope of Work (per RFP, limited to 10 pages) III.7 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 • Management of Documents: We use an electronic file management system. All construction forms, daily dairies, weekly statement of working days, etc. are stored in our electronic file system, and are per Caltrans documentation system. We provide these documents at the end of the project to the client in organized files as well as pdf files.
• Safety and Security: We hold meetings with the contractor to review and discuss safety and security requirements, OSHA conformance, emergency security and safety procedures, and enforce security and safety responsibilities.
• Funding Closeout: We prepare necessary closeout documentation required by the funding agencies, submit final reimbursement documentation, follow-up on the reimbursements, and final funds balance report.
• Project Closeout: We recognize that closeout is an important part of the construction process. It signifies that the new facility structure is ready to use. We methodically handle all closeout tasks to ensure a smooth transition from construction to occupancy.
• Methodology for Communication to Inform City on Work Progress: Key project team members will attend periodic project progress meetings with City staff throughout the project duration. • Electronic common project information and file sharing platform: We create and provide access to project participates a common project information and file sharing platform.
Project Control Systems:
Project controls are essential to keep complex construction projects on budget and on time. They help teams and stakeholders identify emerging risks early, before they become expensive, time-consuming problems.
With advance warning, these issues can be mitigated or avoided altogether. Project controls also give leadership the data they need to set realistic expectations, manage subcontractors, and plan with confidence. During the course of a project, program and project managers use controls to monitor time and cost expenditures and compare them to project lifecycle forecasts. They also rely on them to coordinate onsite execution with the milestones established during the design, procurement, entitlement, and preconstruction stages. The benefits of project controls are many. When they are put in place and used appropriately, they contribute to increased efficiency, decrease in delays and cost overruns, and fewer claims and costly litigation.
Our staff has experience will all of the major document control software systems including Procore, Autodesk ConstructWare (which has now become Construction Cloud), and Primavera P6. In our experience all major control software programs work basically the same way, and adapting from one software offering to another has a fairly small learning curve. Because the specific software is generally a choice made by the prime contractor, our staff is ready to partner with any user of any program. That said, not all projects require the ‘fire power’ associated with an expensive, sophisticated control system. Sometimes an intelligently designed filing system that stores basic Word, Excel, PDF, and email documents in the cloud is all a project really needs.
Issues Tracking System:
An issue tracking system provides an easy way to document issues, assign responsible party, and view the status of how the issue resolution is progressing. Complete documentation of issues is critical to mitigate risks on current projects and prevent similar issues on future projects. When issue tracking is integrated with the project management system, all documentation, and communications related to the project become centralized to provide complete transparency into project status.
Quality Assurance Program:
During construction, an effective Quality Assurance Program will ensure the materials and workmanship incorporated into project conform to the requirements of the contract plans and specifications including approved changes. The main elements of a Quality Assurance Program are:
• Acceptance program
• Independent assurance program.
III. Scope of Work (per RFP, limited to 10 pages) III.8 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 Typical Quality Assurance/Quality Control Measures:
We believe that quality control is the setting of minimum standards and/or quality requirements for the specific project. Quality assurance is the means by which the quality control measures will be monitored and/or enforced. We also believe that quality control and quality assurance measures need to be developed jointly with the client. To effectively establish quality control measures, we must understand the County’s specific expectations and/or level of desired quality for the specific project. Once the expectations have been defined, and the quality control measures established, the quality assurance measures can be established. A significant part of establishing the quality assurance measures includes the timing of the measure. QC/QA can only be effective when the measures are applied and/or evaluated in a timely manner.
Value Engineering:
Depending on a project’s size, complexity and the owner’s requirements, Value Engineering may also be considered. The Value Engineering may consist of a systematic process of review and analysis of the project during the concept and design phases, by a multi-disciplined team of persons not involved in the project, may include recommendations such as:
• To improve the value and quality of the project.
• To provide the needed functions safely, reliably, and at the lowest overall cost. • To reduce the time to complete the project.
• To combine or eliminate otherwise inefficient use of costly parts of the original proposed design for the project.
Approach And Strategy For Managing, Negotiating, And Incorporating Changes In Project Scope:
Our approach and strategy is structured based on minimizing cost and schedule impacts, while evaluating change orders in a timely, fair and equitable manner.
A number of different factors can influence the development of Change Orders on projects, which can result from either foreseen or unforeseen conditions and may include:
• Design Modifications; Errors and Omissions; Changed Conditions; Additional/Reduced Work Scope; Owner-Directed Schedule Acceleration or Slowdown; Work Sequencing; Adjustments to Unit Pricing; Force Majeure Delays; Added Cost Incentives; Delayed, Denied, or Restricted Access to a Project Site; Inappropriate Rejection of the Contractor’s Work; Delays to Owner-Supplied Services and Materials
Our initial evaluation of a change order request incudes various elements:
• Is it already covered in the contract? Is it necessary to complete the work? Impact on the planned work? Will it affect or change the contractor’s planned method of performing the work? Will it cause a work-character change? Impact on the contract time? Methods of payment? Are there sufficient contingency funds? If not, can additional funds be obtained soon enough to prevent delays? Impacts on any regulatory conditions, permits, utilities, etc..
Change Order Documentation:
• We prepare the change order in a clear, concise, and explicit manner. A change orders should be easily understood by third parties reviewing it what work was performed without further explanation.
Project Partnering: Based on project’s size and complexity, Project Partnering may also be considered:
• Partnering is a relationship between the owner and the contractor, formed in order to effectively complete the contract to the benefit of both parties. Through trust, cooperation and teamwork, the goal is to resolve conflicts at the lowest possible level.
III. Scope of Work (per RFP, limited to 10 pages) III.9 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 Coordination with City:
Key project team members will attend periodic project progress meetings with City staff throughout the project duration. We will maintain and establish and maintain a close working relationship with City staff. We will manage assigned projects, carefully control costs and resources, and complete assigned work on schedule. We will provide progress reports to the City at regular intervals.
Expediting Projects:
Transtech understands the importance of being able to expedite tasks, when requested, by the City.
Transtech has sufficient staff and resources to expedite projects.
Methods/Procedures for Developing /Publishing Project Status Reports/Records:
Project status reporting is another area where the solution should be tailored to the size and scope of the project being managed and the actual reporting product anticipated by the City. In addition to the size and scope of the project, the actual point in time of the project matters. On larger projects this information may be condensed down to any format desired by the City. This type of progress reporting may also need to be prepared in different formats depending on the stakeholder that is being informed. More formal reports also often include photos of significant elements of the construction.
Contract Administration Approach (Caltrans LAPM):
For construction contract administration, we follow guidelines described in Caltrans Local Assistance Procedures Manual (LAPM). Maintaining complete and accurate files is a very important aspect of managing federally funded projects. Generally, whenever the local agency is unable to produce requested data or information, it is assumed by reviewing personnel that the required actions were either never performed or not properly recorded. Organized project files can minimize these negative assumptions.
Organization and content of the project file is one indicator of effective and efficient management of the project by the resident engineer. LAPM has been prepared to aid California local agencies scope, organize, design, construct and maintain their public transportation facilities when they seek Federal Highway Administration (FHWA) funded federal-aid or state funding. This manual describes the processes, procedures, documents, authorizations, approvals and certifications, which are required in order to receive federal-aid and/or state funds for many types of local transportation projects.
Additional Information regarding ARPA Funds:
The U.S. Department of Treasury used the standard Community Development Block Grant (CDBG) formula for determining the allocation of funds to metropolitan cities. The U.S. Treasury issued an Interim Final Rule with guidance on the funding allocation methodology, distribution process, and reporting requirements.
Transtech is also providing assistance to its contract Cities for the administration of these funds.
Additional Information regarding Coordination with CALTRANS:
Our team includes experienced staff members who have worked for CALTRANS and are intimately familiar with the standards and procedures, project development and approval process, and requirements. One of our Sr. Staff Members, Ali Zaghari, who joined Transtech about 1 year ago, 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
III. Scope of Work (per RFP, limited to 10 pages) III.10 Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 CIP Management:
Transtech manages Capital Project Program and maintains CIP Matrix and Schedule for various contract Cities. The CIP Matrix includes a detailed tracking info for each CIP, as well as a high-level project schedule status in bar chart format for various project phases. The CIP Matrix is updated frequently, and project status is presented to City Management at management meetings, as well as to City Council when directed by the City Management.
IV. Other Documents
IV. Other Documents IV.1
Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8
1. FINANCIAL STATEMENT
RFP Requirement:
Signed statement by a principal of the company certifying that the firm has an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 49 CFR Part 18, and 48 CFR Part 31.
Signed Statement:
We certify that Transtech Engineers, Inc. has an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 49 CFR Part 18, and 48 CFR Part 31.
Signed by:
Transtech Engineers, Inc.
Ahmad Ansari, Principal
E: [email protected]
C: 949-702-5612
O: 909-595-8599
IV. Other Documents IV.2
Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8
2. SCHEDULE OF BILLING RATES
RFP Requirement:
Schedule of Billing Rates - Submit a Schedule of Billing Rates, including all positions expected to provide services during the term of the contract. Attach file to submission as “City of Montebello On-Call Architectural and Engineering Design Services – RFP No. 22-8 – Schedule of Billing Rates.” As required, the following document is submitted:
City of Montebello On-Call Architectural and Engineering Design Services – RFP No. 22-8 Schedule of Billing Rates.
TRANSTECH ENGINEERS, INC.
S C H E D U L E O F H O U R L Y R A T E S - E f f e c t i v e t h r o u g h J u n e 3 0 , 2 0 2 3 Rates are average, negotiable and can be modified to establish a fee for each assignment based on the specific project’s scope, when such projects are identified by the City.
E N G I N E E R I N G C O N S T R U C T I O N
M A N A G E M E N T
B U I L D I N G & S A F E T Y
Field Technician $86 Labor Compliance Analyst $145 Permit Technician $86 Engineering Technician $102 Funds Coordinator $150 Plan Check Technician/Analyst $118 Assistant CAD Drafter $124 Utility Coordinator $161 Building Inspector $118 Senior CAD Drafter $145 Office Engineer $145 Senior Inspector $134 Associate Designer $150 Construction Inspector $145 Plans Examiner/Checker $145 Senior Designer $161 Senior Construction Inspector $156 Plan Check Engineer $161 Design Project Manager $199 Construction Manager $199 Deputy Building Official $161 Assistant Engineer $129 Resident Engineer $199 Building Official $172 Staff/Associate Civil Engineer $156 P U B L I C W O R K S I N S P E C T I O N P L A N N I N G Senior Civil Engineer $209 Public Works Inspector $145 Community Development Technician $86 Traffic Analyst Technician $118 Senior Public Works Inspector $156 Planning Technician $91 Associate Traffic Analyst $140 Supervising PW Inspector $161 Assistant Planner $129 Senior Traffic Analyst $161 S U R V E Y A N D M A P P I N G Associate Planner $135 Professional Transportation Planner $177 Survey Analyst $145 Senior Planner $166 Traffic Engineer Technician $102 Senior Survey Analyst $156 Planning Manager $177 Associate Traffic Engineer $156 2-Man Survey Crew $333 A D M I N I S T R A T I V E S T A F F Traffic Engineer $177 Survey & Mapping Specialist $188 Administrative/Clerical $70 Senior Traffic Engineer $199 Licensed Land Surveyor $204 Project Accountant $86 Project Manager $183 F U N D I N G & G R A N T W R I T I N G Senior Project Manager $199 Funds Analyst $140
Deputy City Engineer $172 Senior Funds Analyst $150
City Engineer $188 Graphic & Rendering Designer $134
Principal Engineer $209 Grant Writer $166
Funds & Grant Project Manager $188
The above fees will be increased each year July 1
The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.
The above fees will be increased each year July 1st
Appendix-Agreement
Appendix-Agreement App.1
Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 Transtech is currently in the process of executing a Contract with the City for:
MASTER RETAINER AGREEMENT NO. 3921
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
If selected by the City, it is assumed, that the format of new contract will be similar to the currently executed contract.
If selected by the City, we will appreciate a discussion with the City’s contract administrator to discuss the final contract language.
We had submitted the following comments for the CMCI contract.
Appendix-Agreement App.2
Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 Appendix-Agreement App.3
Proposal
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 Exhibit B
Sample Engagement Letter
_________ __, 20__
__________________________
__________________________
__________________________
__________________________
ENGAGEMENT LETTER FOR CONSULTANT SERVICES
SUBJECT: ____________________________________
AGREEMENT NO. ___________
TASK NO. ______________
The purpose of this Engagement Letter is for the City of Montebello (the “City”) to engage __________________ (the “Consultant”) to provide construction management and inspection services pursuant to terms and conditions of the Master Retainer Agreement (Agreement No. _________) approved by the City Council on _____ __, 20__ and entered into by and between the City of Montebello and Consultant, in the manner set forth in Exhibit A, “Scope of Services” of the Master Retainer Agreement.
The Scope of Work to be completed pursuant to this Engagement Letter and the cost breakdown are set forth in Exhibit A, attached hereto. The cost for performing the services under this Engagement Letter shall not exceed _______________________________ dollars ($________.__), without prior written approval. The charges and hourly rates shall not exceed those stated and in effect when the Master Retainer Agreement was approved on ____________ and as stated in the fee schedule attached hereto as Exhibit B.
Consultant acknowledges and agrees that the personnel assigned to this Project, as set forth in Exhibit A shall not be substituted unless prior written authorization is given by the Director of Public Works / City Engineer. Pursuant to Government Code 87300 et seq., Consultant has provided (for submittal to the City Clerk) a California Fair Political Practices Commission Statement of Economic Interest- Form 700 for each of each of its staff assigned to the Project.
By signing and returning this Engagement Letter, the authorized agent of the Consultant agrees to the provisions stated herein. The engagement of the Consultant for the services stated herein shall occur upon the execution of this letter by the Consultant and the Public Works Director pending issuance of a “Notice to Proceed.”
THE CITY OF MONTEBELLO
Recommended By:
[INSERT CONSULTANT NAME]
By:
Its:
Rene Bobadilla, P.E.
City Manager Date:
Approved By:
City Attorney
Date:
Exhibits:
A. Scope of Work/Services under Engagement Letter and Cost Breakdown B. Master Agreement Fee Schedule
Exhibit C
Fee Schedule
Schedule of Billing Rates
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES, RFP No. 22-8 Schedule of Billing Rates
2. SCHEDULE OF BILLING RATES
RFP Requirement:
Schedule of Billing Rates - Submit a Schedule of Billing Rates, including all positions expected to provide services during the term of the contract. Attach file to submission as “City of Montebello On-Call Architectural and Engineering Design Services – RFP No. 22-8 – Schedule of Billing Rates.” As required, the following document is submitted:
City of Montebello On-Call Architectural and Engineering Design Services – RFP No. 22-8 Schedule of Billing Rates.
TRANSTECH ENGINEERS, INC.
S C H E D U L E O F H O U R L Y R A T E S - E f f e c t i v e t h r o u g h J u n e 3 0 , 2 0 2 3 Rates are average, negotiable and can be modified to establish a fee for each assignment based on the specific project’s scope, when such projects are identified by the City.
E N G I N E E R I N G C O N S T R U C T I O N
M A N A G E M E N T
B U I L D I N G & S A F E T Y
Field Technician $86 Labor Compliance Analyst $145 Permit Technician $86 Engineering Technician $102 Funds Coordinator $150 Plan Check Technician/Analyst $118 Assistant CAD Drafter $124 Utility Coordinator $161 Building Inspector $118 Senior CAD Drafter $145 Office Engineer $145 Senior Inspector $134 Associate Designer $150 Construction Inspector $145 Plans Examiner/Checker $145 Senior Designer $161 Senior Construction Inspector $156 Plan Check Engineer $161 Design Project Manager $199 Construction Manager $199 Deputy Building Official $161 Assistant Engineer $129 Resident Engineer $199 Building Official $172 Staff/Associate Civil Engineer $156 P U B L I C W O R K S I N S P E C T I O N P L A N N I N G Senior Civil Engineer $209 Public Works Inspector $145 Community Development Technician $86 Traffic Analyst Technician $118 Senior Public Works Inspector $156 Planning Technician $91 Associate Traffic Analyst $140 Supervising PW Inspector $161 Assistant Planner $129 Senior Traffic Analyst $161 S U R V E Y A N D M A P P I N G Associate Planner $135 Professional Transportation Planner $177 Survey Analyst $145 Senior Planner $166 Traffic Engineer Technician $102 Senior Survey Analyst $156 Planning Manager $177 Associate Traffic Engineer $156 2-Man Survey Crew $333 A D M I N I S T R A T I V E S T A F F Traffic Engineer $177 Survey & Mapping Specialist $188 Administrative/Clerical $70 Senior Traffic Engineer $199 Licensed Land Surveyor $204 Project Accountant $86 Project Manager $183 F U N D I N G & G R A N T W R I T I N G Senior Project Manager $199 Funds Analyst $140
Deputy City Engineer $172 Senior Funds Analyst $150
City Engineer $188 Graphic & Rendering Designer $134
Principal Engineer $209 Grant Writer $166
Funds & Grant Project Manager $188
The above fees will be increased each year July 1
The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.
ATTACHMENT B
CITY OF MONTEBELLO
MASTER RETAINER AGREEMENT NO. 3999
WITH MARK THOMAS & COMPANY, INC.
THIS MASTER RETAINER AGREEMENT for professional construction management and inspection services (“Agreement”) is entered into by and between the City of Montebello, a California municipal corporation (the “City”) and Mark Thomas & Company, Inc., (the “Consultant”). The City and the Consultant are referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
WHEREAS, the City desires to retain the Consultant to perform professional consulting services for the City on an as-needed, per-project basis; WHEREAS, the Consultant is willing to perform the services defined herein on an asneeded, per-project basis; WHEREAS, the Consultant represents that the principal representative stated below is authorized to act as such on behalf of the Consultant; and WHEREAS, the Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. The Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:
1. TERM. The Term of this Agreement is for three (3) years, commencing on July 1, 2022, and shall expire on June 31, 2025. Upon conclusion of the Term, this Agreement shall renew automatically for a maximum of two (2) one-year extension terms, unless the City issues written notice of its intent not to authorize any additional extension term(s).
Nothing in the Section shall operate to prohibit or otherwise restrict the City’s ability to terminate this Agreement at any time for convenience or for cause.
2. REPRESENTATIVES OF PARTIES AND SERVICE OF NOTICE. The representatives of the Parties who are primarily responsible for the administration and performance of the Agreement, and to whom formal notice, demands, and communications shall be given, are as follows:
A. For the City:
James Enriquez, P.E.
Director of Public Works / City Engineer
1600 W. Beverly Blvd.,
MASTER RETAINER AGREEMENT NO. 3999
Montebello, CA 90640
(323) 887-1462
[email protected]
B. For the Consultant:
Darin Johnson, P.E.
Division Manager + Associate Principal
Mark Thomas & Company, Inc.
2121 Alton Parkway, Suite 210
Irvine, CA 92606
(949) 447-9000
C. Formal notices, demands, and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or mail.
D. If the name of the principal representative designated to receive the notices, demands, or communication, or the address of such person, is changed, written notice shall be given within seven (7) calendar days of said changes.
E. Any project awarded by Engagement Letter under this agreement will be managed by a designated Civil Engineer who shall serve as the City’s Project Manager (“CPM”). The CPM’s duties include, but are not limited to, overseeing the Consultant’s performance of the Scope of Services pursuant to any Engagement Letter entered into between the City and the Consultant.
3. RETENTION. The City retains the Consultant to provide professional consultant services on an as-needed, per-project basis, in accordance with the terms of this Agreement. Consultant agrees to render such services on the terms and conditions stated herein.
4. SCOPE OF SERVICES. The scope of such services for which the Consultant may be retained under the Agreement shall be for professional services, generally described as architectural and engineering design services, and as described in detail in the Scope of Services (attached hereto as Exhibit “A”).
The City shall request project proposals from the Consultants qualified for the specific category applicable to the project. The Consultant awarded the project shall execute a project-specific Engagement Letter (sample attached as Exhibit “B”). Engagement Letters shall define the scope of work for the specific project, the timeline for completion, and anticipated cost for the project. Such Engagement Letter shall identify the specific category of the work the Consultant undertakes pursuant to the Engagement Letter.
At the time of entering into an Engagement Letter, the Consultant shall furnish: a) a current City of Montebello Business License; and b) a current certificate of insurance.
MASTER RETAINER AGREEMENT NO. 3999
The Consultant agrees that the services to be rendered pursuant to any project awarded by Engagement Letter and this Agreement shall be performed in accordance with the standards customarily provided by an experienced and competent professional organization rendering the same or similar services, and in a manner reasonably satisfactory to the City.
5. COMPENSATION.
Execution of this Master Retainer Agreement does not guarantee that the City will execute any number of Engagement Letters. The City agrees to pay Consultant for services provided under any Engagement Letter entered into between the City and Consultant, in accordance with the Fee Schedule attached hereto as Exhibit “C.” The City agrees to compensate the Consultant for the services provided under this Agreement to the City’s satisfaction, as solely determined by the City. The Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Fee Schedule (attached hereto and incorporated by reference as Exhibit “C”).
Consultant agrees that the fees for services provided pursuant to any Engagement Letter, during the term of this Agreement, shall not exceed the rates and costs set forth in the Fee Schedule, attached hereto as Exhibit “C,” unless the City has given specific advance approval in writing.
Consultant acknowledges that the total compensation for any project shall not exceed the maximum compensation stated in the Engagement Letter. Total compensation includes all amounts payable to Contractor for its overhead, payroll, profit, and all costs of whatever nature, including without limitation all costs for subcontracts, materials, equipment, supplies, and all costs arising from or due to termination or expiration of this Agreement.
The total aggregate sum of all Engagement Letters executed under this Master Retainer Agreement shall not exceed TWO MILLION dollars with no cents ($2,000,000.00) without City Council approval and written authorization from the Director of Public Works/City Engineer.
Consultant shall submit invoices in hard copy and electronically to the Project Manager within fifteen (15) days from the end of each month in which services have been provided. Consultant shall provide invoices with sufficient detail to ensure compliance to pricing as set forth in this Agreement.
Original invoices on Consultant’s letterhead with original signatures shall be submitted to the CPM. All invoices shall include, but not be limited to, the following:
1. Project Name
2. Project Name/Number
3. Specialty Category Code and Title
4. Purchase Order Number
5. Invoice Date
6. Invoice Number (Progressive and Unique to Project)
MASTER RETAINER AGREEMENT NO. 3999
7. Details of work performed or completed during the invoiced period, along with assigned staff’s hourly rate, number of hours worked and subtotals
8. Percentage of project completed, as applicable (as verified by CPM)
9. Percentage of project completed through invoicing period (as verified by CPM) City shall pay City-approved invoices within thirty (30) days of receipt. Fee/hourly schedule changes and/or annual increases are prohibited.
The proportion of Total Compensation paid to CONSULTANT as of the Invoice Date shall not exceed the City Engineer’s estimated percentage of the project or tasks (as applicable) completed as of the Invoice Date.
Reimbursement requests shall be itemized on the respective invoice, with supporting documentation attached.
1. Invoice shall state date of expense and purpose.
2. All supporting receipts shall be attached.
3. Any request for travel-related expense reimbursement must be pre-approved by the CITY.
Faxed copies of the referenced documents in this Section 5 shall not be processed for payment.
CITY’S payment pursuant to this Agreement shall not constitute a waiver of any breach or defect in the performance of work, nor a waiver of disputes regarding compensation owed to CONSULTANT for work performed.
6. BUSINESS LICENSE. The Consultant shall obtain a City business license prior to commencing performance under this Agreement.
7. INDEPENDENT CONTRACTOR.
Consultant is an independent contractor. As such, Consultant shall have no power or authority to incur any debt, obligation or liability on behalf of the City, unless such authority is expressly conferred pursuant to a specific project awarded by Engagement Letter under this Agreement. Further, Consultant is not entitled to any benefit typically associated with an employee such as medical, sick leave, retirement, or vacation benefit. Consultant expressly waives any claim to any such rights.
The personnel performing services on any project awarded by Engagement Letter pursuant to this Agreement, and on behalf of Consultant, shall, at all times, be under Consultant’s exclusive direction and control. Neither the City, nor any of its employees, shall have any control over the manner, mode, or means by which Consultant, its agents, or its employees, perform the services required herein, except as otherwise set forth herein.
MASTER RETAINER AGREEMENT NO. 3999
Consultant shall perform services pursuant to this Agreement as an independent contractor and shall, at all times, remain a wholly independent contractor. The City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise a joint venture or member of any joint enterprise with Consultant. The Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of the City.
8. PERS ELIGIBILITY INDEMNITY.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services pursuant to an Engagement Letter awarded pursuant to this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the City, including but not limited to eligibility to enroll in PERS as an employee of the City and entitlement to any contribution to be paid by the City for employer contribution and/or employee contributions for PERS benefits.
Consultant is solely responsible for compliance with PERS restrictions applicable to any of Consultant’s employees, agents, or subcontractors.
9. CONFLICT OF INTEREST.
The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, the Consultant shall not perform any work for another person or entity for whom the Consultant was not working at the Commencement Date if: (i) such work would require the Consultant to abstain from performance of the work under this Agreement pursuant to a conflict of interest; and (ii) the City has not consented in writing prior to the Consultant’s performance of such work.
Consultant hereby acknowledges that pursuant to Government code Section 87300 et seq., Consultant is designated in the City’s Conflict of Interest Code and is required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice under any Engagement Letter awarded pursuant to this Agreement, prior to the commencement of work.
MASTER RETAINER AGREEMENT NO. 3999
10.INDEMNIFICATION.
Consultant hereby agrees to protect, indemnify and hold the City and its employees, officers and servants free and harmless from any and all losses, claims, liens, demands and causes of action of every kind and character including, but not limited to, the amounts of judgment, interests, court costs, legal fees, expert costs, expert fees and all other expenses incurred by the City to the maximum extent allowed by law arising in favor of any party, including claims, liens, debts, personal injuries, including employees of the City, death or damages to property (including property of the City) and without limitation by enumeration, all other claims or demands of every character occurring or arising directly out of or as a consequence of the performance of the work performed hereunder, except only such injury to persons or damage to property due or claimed to be due to the sole negligence of the City. This provision is not intended to create any cause of action in favor of any third party against Consultant, or the City, or to enlarge in any way the Consultant’s liability, but is intended solely to provide for indemnification of the CITY for liability for damages or injuries to third persons or property arising from Consultant’s negligent performance hereunder.
The provisions of this Section 10 are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City. The Consultant acknowledges that the City would not enter into this Agreement in the absence of the Consultant’s commitment to indemnify and protect the City as set forth herein.
The City shall have the right to offset against the amount of any compensation due the Consultant under this Agreement any amount due the City from the Consultant as a result of the Consultant’s failure to pay the City promptly any indemnification arising under this Section 10 and related to the Consultant’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
The obligations of the Consultant under this Section 10 will not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives its statutory immunity under such statutes or laws as to the City, its officers, agents, employees and volunteers.
The Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of the Consultant in the performance of this Agreement.
In the event the Consultant fails to obtain such indemnity obligations from others as required in this Section 10, the Consultant’s duty to indemnify pursuant to this Section 10 shall extend to indemnify the City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all MASTER RETAINER AGREEMENT NO. 3999
losses, claims, liens, demands and causes of action of every kind and character including, but not limited to, the amounts of judgment, interests, court costs, legal fees (including reasonable attorneys’ fees incurred by counsel of the City’s choice), expert costs, expert fees and all other expenses incurred by the City to the maximum extent allowed by law arising in favor of any party, including claims, liens, debts, personal injuries, including employees of the City, death or damages to property (including property of the City) and without limitation by enumeration, all other claims or demands of every character occurring or arising directly out of or as a consequence of the performance of the work performed hereunder by the Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of the Consultant in the performance of this Agreement.
The City does not waive any rights that it may possess against the Consultant because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
11.INSURANCE. During the term of this Agreement, the Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with the Consultant’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
A. Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence.
B. Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.
C. Worker’s Compensation insurance as required by the laws of the State of California.
D. Professional Liability (Errors & Omissions) Insurance with minimum limits of One Million dollars ($1,000,000) per occurrence and shall be endorsed to include contractual liability.
The Consultant shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide. The Consultant agrees that if it does not keep the aforesaid insurance in full force and effect the City may either (i) immediately terminate this Agreement; or (ii) obtain the necessary insurance at the Consultant’s expense.
At all times during the term of this Agreement, the Consultant shall maintain certificate(s) of insurance and required endorsements on file with the City Clerk, showing that the aforesaid policies are in effect in the required amounts and, for the MASTER RETAINER AGREEMENT NO. 3999
general liability and automobile liability policies, naming the City as an Additional Insured.
The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the City, its officers, employees, agents and volunteers as Additional Insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the City. The Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
At least fourteen (14) days prior to the expiration of any insurance required by this Agreement, the Consultant shall provide proof of insurance policy renewals or replacements with insurance policies providing at least the same coverage. The Consultant shall provide such proof to the City at least two weeks prior to the expiration of the coverages.
The general liability and automobile policies of insurance provided by the Consultant shall be primary to any coverage available to the City. Any insurance or self-insurance maintained by the City, its officers, employees, agents or volunteers, shall be in excess of the Consultant’s insurance and shall not contribute with it.
All insurance coverage provided pursuant to this Agreement shall not prohibit the Consultant, and the Consultant’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. The Consultant hereby waives all rights of subrogation against the City.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, the Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to the City, or the Consultant shall procure a bond guaranteeing payment of losses and expenses.
Procurement of insurance by the Consultant shall not be construed as a limitation of the Consultant’s liability or as full performance of the Consultant’s duties to indemnify, hold harmless and defend under Section 13 of this Agreement.
12.OWNERSHIP OF WORK PRODUCT. All reports, documents or other written material developed by Consultant in the performance of this Agreement shall be and remain the property of the City without restriction or limitation upon its use or dissemination by the City. Such material shall not be the subject of a copyright application by Consultant.
13.CONFIDENTIALITY.
All data, documents, discussion, or other information developed or received by the Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the Consultant without prior written consent by the City. The MASTER RETAINER AGREEMENT NO. 3999
City shall grant such consent if disclosure is legally required. Upon request, all the City data and any copies thereof shall be returned to the City upon the termination or expiration of this Agreement.
Employees of Consultant, in the course of their duties, may have access to financial, accounting, statistical, and personnel data of private individuals and employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by the City. The City shall grant such authorization if disclosure is required by law. All City data shall be returned to the City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.
14.TERMINATION.
A. The City may terminate this Agreement and any Engagement Letter awarded pursuant to this Agreement at any time without cause by giving thirty (30) calendar days written notice to Consultant of such termination and specifying the effective date thereof. If this Agreement or any Engagement Letter is terminated as provided herein, Consultant shall be paid only the total amount equal to the service Consultant has provided, to the City’s satisfaction, as determined solely by the City, as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in Engagement Letter or the value of services provided as of date of termination.
B. If for any reason, Consultant shall fail to fulfill in a timely and proper manner its obligation for any project awarded by Engagement Letter and pursuant to the provisions of this Agreement, or if Consultant shall violate any of the covenants or stipulations of this Agreement, the City shall then have the right to terminate the Engagement Letter and this Agreement by giving a five (5) calendar day written notice to Consultant. The notice shall refer to this clause, shall specify the nature of the alleged default, and shall specify the effective date of the termination. The Consultant will be paid a total amount equal to the service Consultant has provided, to the City’s satisfaction, as determined solely by the CITY, as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in the Engagement Letter awarded, pursuant to the terms of this Agreement.
C. The Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All the City data, documents, objects, materials or other tangible things, including, but not limited to electronic and handwritten citations, reports, electronic media and other relevant documents, shall be returned to the City upon the termination or expiration of this Agreement. This including copies and reproductions assembled or prepared by Consultant employees, agency, or officers, in connection with this Agreement.
MASTER RETAINER AGREEMENT NO. 3999
15.RESOLUTION OF DISPUTES.
A. Disputes regarding the interpretation or application of any provisions of any Engagement Letter awarded and this AGREEMENT shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties.
B. If any action, at law or in equity, is brought to enforce or to interpret any provisions of any Engagement Letter awarded pursuant to this AGREEMENT, the prevailing party in such action shall be entitled to recover reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
16.FORCE MAJEURE. The respective duties and obligations of the Parties hereunder shall be suspended while and so long as performance hereto is prevented or impeded by strikes, disturbances, riots, fire, severe weather, government action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the control of the party from whom the affected performance was due.
17.ASSIGNMENT. The Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without the City’s prior written consent, and any attempt to do so shall be void and of no effect. The City shall not be obligated or liable under this Agreement to any Party other than the Consultant.
18.COMPLIANCE WITH LAWS. The Consultant shall keep informed of State, Federal and local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement.
The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if the Consultant is an outof-state corporation or LLC, it must be qualified or registered to do business in the State of California pursuant to sections 2105 and 17708.01 et seq. of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
19.PERSONNEL. The Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by the Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The Consultant reserves the right to determine the assignment of its own employees to the performance of the Consultant’s services under this Agreement, but the City reserves the right, for good cause, to require the Consultant to exclude any employee from performing services on the City’s premises. __________________________shall be the Consultant’s project administrator and shall have direct responsibility for management of the Consultant’s performance under this Agreement. No change shall be made in the Consultant’s project administrator without the City’s prior written consent.
20.MUTUAL COOPERATION. The City shall provide the Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of the Consultant’s services under this Agreement. In the event any claim MASTER RETAINER AGREEMENT NO. 3999
or action is brought against the City relating to the Consultant’s performance in connection with this Agreement, the Consultant shall render any reasonable assistance that the City may require.
21.RECORDS AND INSPECTIONS. The Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. The City shall have the right to access and examine such records, without charge, during normal business hours.
The City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
22.PERMITS AND APPROVALS. The Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.
23.SURVIVING COVENANTS. The Parties agree that the covenants contained in Sections 8, 10, 13, and 20 of this Agreement shall survive the expiration or termination of this Agreement.
24.NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY.
A. In the performance of this Agreement, the Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation, and will take affirmative action to avoid such discrimination.
B. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in relation to this Agreement, state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
C. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement, except contracts or subcontracts for standard commercial supplies or raw materials.
25.HEADINGS. The headings appearing at the commencement of each Section of this Agreement, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the Section or paragraph at the head of which it appears, the Section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form MASTER RETAINER AGREEMENT NO. 3999
and vice versa, in any place or places herein in which the context requires such substitution(s).
26.NON-WAIVER.
A. The waiver by the City or the Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. The City’s payment to the Consultant shall not constitute a waiver of any breach of covenant, or any default which may then exist on the part of the Consultant. The City’s payment shall not impair or prejudice any right or remedy available to the City with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed waived by the City or the Consultant, unless expressed in writing.
B. The Consultant shall not be liable for any failure to perform if the Consultant presents acceptable evidence, in the City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of the Consultant.
C. The respective duties and obligations of the parties hereunder shall be suspended while and so long as performance hereto is prevented or impeded by strikes, disturbances, riots, fire, severe weather, government action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the control of the party from whom the affected performance was due.
27.COURT COSTS.
Each right, power, and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.
If any action, at law or in equity, is brought to enforce or to interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to recover reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be Los Angeles County, California.
28.GOVERNING LAW. This Agreement shall be governed by and construed in accordance with laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District of California.
MASTER RETAINER AGREEMENT NO. 3999
29.SEVERABILITY. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
30.ENTIRE AGREEMENT. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between the City and the Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by the City and the Consultant
31.MUTUAL COOPERATION IN PREPARATION OF THIS AGREEMENT. Each Party has cooperated in the drafting and preparation of this Agreement. Therefore, this Agreement shall not be construed against any Party on the basis that such Party drafted this Agreement or any provision within it.
[SIGNATURE PAGE TO FOLLOW]
MASTER RETAINER AGREEMENT NO. 3999
TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
CITY OF MONTEBELLO MARK THOMAS & COMPANY, INC.
______________________________ _________________________________ René Bobadilla, P.E. Darin Johnson, P.E.
City Manager Division Manager + Associate Principal
Dated: ________________________ Dated: ____________________________ ATTEST:
___________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
___________________________
Arnold M. Alvarez-Glasman
City Attorney
EXHIBITS:
• Exhibit A – Scope of Work
• Exhibit B – Sample Engagement Letter
• Exhibit C – Fee Schedule
Exhibit A
Scope of Work
SUBMISSION DATE
PROJECT
PREPARED FOR
PROPOSAL
City of Montebello
JUNE 2, 2022
ON-CALL
ARCHITECTURAL
AND ENGINEERING
DESIGN SERVICES
RFP NO. 22-8
MARKTHOMAS.COM
(949) 477-9000
2121 ALTON PARKWAY, SUITE 210
IRVINE, CA 92606
June 2, 2022
James Enriquez, P.E., Director/City Engineer
City of Montebello Public Works Department
1600 W. Beverly Boulevard
Montebello, CA 90640
Dear Mr. Enriquez:
The City of Montebello (City) is seeking consultants to provide On-Call Architectural and Engineering Design Services for a variety of Capital Improvement Projects (CIP) citywide. The Mark Thomas team is ideally suited to deliver the upcoming tasks under the on-call, Mark Thomas is a recognized industry leader in the planning, design, and management of transportation mobility projects. We have delivered hundreds of general civil engineering projects ranging from the planning phase and conceptual design phase through the final design and construction phases.
We have in-house personnel and a team of specialty subconsultants with the necessary expertise in a wide array of disciplines to support your anticipated infrastructure improvements. In addition, we have grant funding experts who are knowledgeable about federal and non-federal funding sources as well as the administration of these grant funds.
Mark Thomas has extensive experience providing a wide range of civil and structural engineering, landscape architecture, and surveying services for infrastructure projects throughout California. Our firm focuses on client satisfaction by providing proactive service and the delivery of task orders on schedule and within budget. We offer the City key benefits including:
Project Manager with the Right Experience. Our team will be led by Pat Somerville, PE, as project manager. Pat is a former public sector employee who has over 36 years of experience managing and delivering CIP projects for public works agencies throughout southern California. His vast experience encompasses projects similar to your CIP, including street improvements, sewer, storm drain, streetscape, active transportation, transit and even buildings and facilities. Pat brings in-depth knowledge of local agency policy and procedures, guidelines and standards, and will work with the City to produce efficient and cost-effective solutions on each task order assigned to Mark Thomas under this on-call.
Strong and Dedicated Project Team. Pat will be supported by a full team of technical staff and subject matter experts who were selected because of their abilities to manage the variety of anticipated projects. We provide key personnel that have worked in the public sector, so they know and understand what’s required to be successful. In addition to our in-house staff we have a strong group of subconsultants supporting our team, including:
Firm Role
LIN Consulting, Inc. (DBE) Traffic Engineering
W.G. Zimmerman Engineering, Inc. (SBE) Traffic Studies, Grant Funding Administration CL Surveying and Mapping, Inc. (DBE) Surveying and Mapping GPA Consulting (DBE) Environmental, Regulatory Permitting Earth Mechanics, Inc. (DBE) Geotechnical
Arellano & Associates (DBE) Public Outreach
AKM Consulting Engineers (SBE) Pump and Lift Stations
Tatsumi & Partners (DBE) Landscape Architecture
BOA Architects (DBE) Facility Improvements
Monument ROW (DBE) Right of Way
MARKTHOMAS.COM
(949) 477-9000
2121 ALTON PARKWAY, SUITE 210
IRVINE, CA 92606
Eight of these firms are DBE certified, allowing us to easily meet your existing and future DBE goals. These well-qualified firms have been selected based on the strong working relationships we hold, and their extensive experience working within the Los Angeles region.
Depth of Resources. We have structured our team specifically to provide you the depth of resources needed to successfully deliver your CIP. We have provided an overlap in many disciplines, not only to ensure DBE compliance, but to provide additional resources that will enable us to deliver multiple, concurrent task orders. This approach has been proven on other on-call contracts and will help ensure that the City can meet its commitments in delivering the CIP.
Successful On-Call Task Order Management. Mark Thomas staff is highly familiar with the management of on-call contracts and the execution of various, and often concurrent, task orders. We have recently or are currently managing on-call contracts for over a dozen agencies throughout Southern California. Our approach to providing successful on-call services is characterized by carefully listening to our clients’ needs and goals, proactive communication, and being highly responsive.
Under Pat’s leadership, the City can be assured that each task order will be executed on time, within budget, and with exceptional quality.
With our successful history delivering on-call projects, and the experience of our team and subconsultants, we are uniquely qualified to develop and deliver the City’s projects over the life of this contract. The project will be managed from our office located at 2121 Alton Parkway, Suite 210, Irvine, CA 92606. Pat Somerville will oversee the services and be the City’s primary contact. He can be reached at (714) 815-5222 or [email protected].
As an associate principal of Mark Thomas, I am authorized to negotiate and contractually bind the firm. We have included our contract comments for the City’s consideration. We do not have any existing or potential conflict of interest that could arise from this engagement. We acknowledge receipt of Addenda No. 1. By submitting our proposal, we commit to providing the City with a highly experienced team, dedicated to the successful management and delivery of this on-call. We are excited to partner with the City and look forward to the successful delivery of the task orders.
Sincerely,
MARK THOMAS & COMPANY, INC.
Darin Johnson, PE
Division Manager + Associate Principal
CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING
DESIGN SERVICES
MARK THOMAS
>6K
projects delivered
11 offices statewide
300+
team members
95 years in business
FIRM QUALIFICATIONS & EXPERIENCE
ABOUT MARK THOMAS
Our team is ideally suited to deliver the upcoming tasks under the On-Call for Architectural and Engineering Design Services for the City of Montebello (City). Mark Thomas is a recognized industry leader in the planning, design, and management of infrastructure projects. We have delivered hundreds of general civil engineering projects ranging from the planning phase through the final design and construction support. We have in-house experts in a variety of disciplines to support engineering projects, including local street improvements, preliminary planning and cost estimating for future capital improvement projects, feasibility studies, right of way engineering, pre-construction outreach services, program management, design of bicycle and pedestrian-friendly multi-modal facilities, traffic planning and engineering, signing and striping, ADA improvements, drainage improvements, pavement rehabilitation, surveying, and landscape architecture. In addition, we have in-house grant funding experts who are knowledgeable about federal and non-federal funding sources and can both evaluate and prepare grant applications to help fund projects, should the need arise.
Mark Thomas has been a reliable partner to Southern California agencies and currently works closely with numerous cities and counties within the Los Angeles and Orange County region providing on-call services; including the cities of Anaheim, La Mirada, Irvine, Fullerton, Santa Ana, and Irvine; the counties of Orange, Riverside and San Bernardino; and program management services to the City of Corona, City of Inglewood, and Los Angeles World Airports.
KEY BENEFITS OF THE MARK THOMAS TEAM
In-House Planning and Design Expertise
Mark Thomas has the unique in-house combination of transportation planning and design services. Our transportation planning and design disciplines are supported by numerous other disciplines in-house, so while subconsultant partners are a value-add to our team structure, we have the unique capability of performing most tasks without the need to outsource.
This experience allows us to develop mobility solutions that are feasible, implementable, and have realistic budgets.
On-Call Experience
Our team of accomplished staff have delivered numerous task orders with a wide range of scopes of work with varied schedules. Whether working on behalf of municipal clients or public agencies, Pat is experienced at advancing multiple efforts concurrently.
Tailored Approach
We tailor our approach to the needs of each task order, attending to the particular challenges, constraints, budget and schedule. We understand how to accommodate the unique needs of each site, and our approach allows us to develop context sensitive designs that address community needs and avoid a “one size fits all” approach.
Public Agency Experience
Pat and our support team are well-practiced at serving local agencies throughout California. We have multiple former public employees on staff and they bring thorough understanding of public policies and procedures. We have bid thousands of projects throughout the State and are fully aware of these governing procedures, requirements and laws. Not only in support of our design documents, but also in a construction management role. We are also intimately familiar with reviewing and addressing contractor claims during construction. We are accustomed to working in various capacities for public agencies and operate as a true extension of their staff. corporation
CA
CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING
DESIGN SERVICES
MARK THOMAS
AREAS OF EXPERTISE
Mark Thomas’ areas of expertise are well-matched to meet the City’s needs. We possess strong in-house resources and we have the technical capabilities to provide specialized services to efficiently deliver various types of projects that may arise from this on-call contract. Below are examples of our areas of expertise.
Roadway Improvements
Mark Thomas is recognized as an industry leader in the planning, design, and delivery of roadway and highway improvement projects. Our experience spans from localized widening projects, gap closures, realignments and intersection improvements, to grade separations and arterial reconstructions, as well as Caltrans highway widening and interchanges. We have the expertise to deliver both small localized projects as well as complex highway improvements. We are knowledgeable of local agency design standards, the Standard Plans and Specifications for Public Works Construction (Greenbook), the Caltrans Highway Design Manual (HDM), and the AASHTO. We offer a solid group of experienced professionals in all phases of project delivery, including planning documents, preliminary engineering, and final plans, specifications, and estimates (PS&E).
Traffic Engineering and Transportation Planning
Our team includes recognized experts who have delivered traffic engineering and transportation planning projects for clients throughout Southern California. Our services include working with staff and stakeholders to address residential traffic management concerns, interacting directly with homeowners and their representative associations, commissioners, elected officials and business owners. Our team has extensive experience with transportation planning studies related to system improvements and land development projects. We have worked with many cities to refine their traffic system signal operations and implement traffic calming designs into local roadway reconfigurations and widenings.
Complete Streets/Active Transportation/Trails
Mark Thomas has extensive experience planning and designing complete streets, active transportation corridors and paths and trails for bicycles and pedestrians to connect to key destinations including schools, housing, employment, commercial centers, and other recreational facilities. We have developed the knowledge and expertise essential to designing improvements that facilitate access, connectivity, and safety for all modes of travel. Our Complete Streets projects ultimately facilitate the growth of local businesses and developments while accommodating design elements that appeal to both vehicles and pedestrians. Our designs incorporate NACTO and other Complete Streets guidelines, as well as nationwide best practices and innovations.
ADA Compliance and Design
Mark Thomas excels at integrating ADA compliant practices into all types of roadway, parks, parking lots, and other facilities. We have assisted many local municipalities and even Caltrans in analyzing and achieving ADA compliance. This includes all aspects of design including curb ramps, slopes, and path of travel. Providing detailed elevations and slopes for all grade breaks and critical points is key to eliminating any misinterpretations of the standard plan by the contractor during construction and allowing enough room to accommodate traditional construction tolerances. If selected, we would be preparing curb ramp construction details as necessary, building from the City’s Standards.
Our experience will be invaluable in assessing and prioritizing ADA requirements in any task order, familiarity with ADA standards is critical for any project.
Drainage/Stormwater
We are experienced in the analysis and design of stormwater and drainage facilities. Our task leads have successfully completed numerous projects involving the preparation of hydraulic and hydrology analysis and reports for creeks and pipelines, bridge scour analysis, erosion control plans, and Water Quality Management Plan (WQMP) implementation plans, including most recently drainage/ Low Impact Development (LID) improvements for the Limonite Gap closure in Eastvale. We are capable of designing a wide variety of drainage facilities that include storm drain inlets, storm drain lines, drainage ditches, flood channel grading and modifications, flood control structures, and complex sand filter systems.
CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING
DESIGN SERVICES
MARK THOMAS
Bridge/Structure Design
Mark Thomas has extensive experience delivering transportation, flood control, and bridge structure projects. This includes the design of new bridges, bridge replacements and rehabilitations, retaining walls, soundwalls, flood walls, water/wastewater structures, and other structures. Our retaining wall design experience encompasses standard cantilever retaining walls through more complex systems like MSE walls and tieback walls. We are knowledgeable of the Caltrans Bridge Design Manual and Standards, as well as AASHTO Load and Resistance Factor Design Standards.
Survey/Right of Way
Mark Thomas provides a full range of surveying services; including right of way retracement surveys, legal descriptions, plats and deeds, and we provide support with lot line adjustments or boundary line adjustments. We also have extensive experience providing surveying services to suit all phases of projects from project planning topographic base information for construction documents, up to and including layout and support for construction activities.
Landscape Architecture
Mark Thomas offers landscape architecture and urban design services with an integrated and comprehensive planning and design suite of services. Focusing on site-responsive design with the goal of providing specific community improvements, yields a successful project. We have the flexibility to deliver a range of projects such as a detailed complete street planning, streetscape and green street designs, median and gateway enhancements, landscape master plans, and trail designs.
The focus on public infrastructure projects allows our team to understand the regulatory environment and local preferences for landscape and aesthetic design, and to implement these improvements while meeting limited capital budget.
Transit Facilities
Mark Thomas brings the City experience in developing the interface between transit systems, including bus, bus rapid transit (BRT), light rail (LRT) and streetcar, and your city streets. This experience includes the user experience of boarding or crossing the facility, development of stops and stations and corridor-wide transit improvements that enhance the community. We have also provided operation and headquarter facility planning and design to support the systems. Our capabilities also include the review of third-party designs and documentation for implementation of transit systems.
Grant Funding Assistance
Our staff have provided application assistance for multiple state and federally-funded projects. Our staff has worked with local agencies to submit grant applications for multiple programs and are experienced preparing Requests for Authorization (RFA) to Caltrans Local Assistance for various phases of work; including Preliminary Engineering (PE), Right of Way (R/W), Utility relocation (RW/ UTIL), and Construction (CON). In the last 4 years, Mark Thomas has secured more than $340M in grant funding for clients throughout California.
Multimodal Improvements on Bayside Drive, Newport Beach
CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING
DESIGN SERVICES
MARK THOMAS
STATE & FEDERAL FUNDING SUPPORT
Mark Thomas has extensive experience managing and designing state and federally funded projects for local agencies. We fully understand the administrative challenges that come along with this funding. We have an unmatched understanding of the Caltrans Local Assistance process gained through delivering more than 100 projects that involved Caltrans Local Assistance coordination. We are intimately familiar with the Caltrans Local Assistance Procedures Manual (LAPM) and Local Assistance Program Guidelines (LAPG) requirements and processes. The LAPM and LAPG are guidelines and instructions for the state and federal programs. These guidelines require compliance with federal and/or state laws, regulations, policies and procedures related to design, right of way acquisition and utility relocation, construction and maintenance.
We also have extensive experience with State-only funding requirements as well. We have recently prepared Senate Bill 1 (SB-1) forms and reports for the City of Corona McKinley Street Grade Separation Project that is funded with Trade Corridor Enhancement Program (TCEP) and Proposition 1B Highway- Railway Crossing Safety Account (HRCSA) funds.
Our recent experience also includes projects funded through the Active Transportation Program (ATP) and Highway Safety Improvement Program (HSIP).
POSITIONING THE CITY FOR FUNDING
We have an in-depth understanding of funding programs and state and federal policies and proven success securing competitive grant funds. We also have extensive planning design experience for complex transportation projects. We have delivered numerous projects requiring grant writing, grant administration, and related services including technical writing and development of narratives, cost benefit analysis, air quality benefit calculations, economic impact analysis, exhibits to support grant applications, cost estimates, requests for authorization, funding, reimbursements, and grant reporting.
We have assisted agencies with the preparation of Active Transportation Program (ATP); Highway Safety Improvement Program (HSIP); Senate Bill (SB 1) programs including Trade Corridor Enhancement Program (TCEP), Local Partnership Program (LPP), and Solutions for Congested Corridors Plan (SCCP); Bicycle Corridor Improvement Program (BCIP); Highway Bridge Program (HBP); California Natural Resources Agency (CNRA) programs; Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Discretionary Grants, and federal discretionary program applications.
Our team is well practiced at analyzing funding opportunities and project financing needs, developing grant narratives and benefit cost analyses, developing exhibits and maps, and coordinating with stakeholders to obtain letters of support. In 2020, we prepared 10 competitive SB-1 applications, 11 ATP applications, and nine HSIP applications. In the past four years, we have secured more than $340 million in transportation funding.
Where Mark Thomas
separates itself from other
firms is we provide both
the in-house technical
writing and engineering
capabilities. Many firms
that only offer grant
funding support services
have to rely on agencies
or other consultants to
prepare the technical
content. Our combination
of grant funding expertise
and project delivery
experience will reduce the
amount of work required
by the City when seeking
funding.
For the County of Orange OC Loop, Segments O, P, Q, Mark Thomas prepared the conceptual plans, helped secure ATP Grant Funding and are now providing the final design services on this $45M project.
CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING
DESIGN SERVICES
MARK THOMAS
SUBCONSULTANTS
In order to provide comprehensive services, we have selected trusted subconsultants to help us deliver task orders for the City. We selected our team based on our ongoing working relationship and previous track record of success with them on similar types of projects. We have provided a suite of DBE certified subconsultants to ensure your DBE goals are met on both State and Federally funded projects. This also provides a depth of resources that allows our team to deliver concurrent task orders for the City. All of our subconsultants have excellent reputations and are extremely competent, qualified in their areas of expertise and have a proven history of delivering for their clients.
AKM Consulting Engineers SBE
Pump & Lift Stations
AKM Consulting Engineers is a multi-disciplined professional organization that specializes in providing water resources engineering and related services to public agencies. Scope of services offered includes all facets of planning, design, construction management and inspection of wastewater,
drainage, recycled and water facilities.
Arellano Associates DBE
Public Outreach
Arellano Associates has a history of managing and directing public outreach programs for many highway, planning,
and transportation projects. They provided public outreach and stakeholder engagement for numerous engineering
contracts and they understand the coordination
efforts required to ensure a well-executed and tailored engagement effort.
BOA Architecture DBE
Building Improvements
BOA has performed over 2,000 architectural design services for over 80 local public entities with many comparable
to those anticipated in the on-call contract. They have experience with Civic Center Facilities, Fire Stations, Police Departments, Community Centers, Libraries, ADA
compliance, Parks & Recreation, and workplace safety/
security enhancements.
CL Survey DBE
Surveying & Mapping
CL Survey provides professional land surveying services throughout Southern California. They have extensive
experience with on-call work and are currently working
with The Long Beach Annual Major and Residential OnCall. They also have many years’ experience working with Caltrans on various on-call contracts with in District 7, and have performed aerial survey and topographic survey work throughout Los Angeles County.
Earth Mechanics, Inc. DBE
Geotechnical Engineering
Earth Mechanics is a geotechnical and earthquake
engineering consulting company specializing in
transportation projects. They have provided site
investigation, geotechnical analysis, foundation design and construction support for various public works
projects including bridges, roadways, and bikeways in
Southern California. Projects include multiple City of Los Angeles Bridge/Civil On-Call Contracts, the Rosecrans/
Marquardt Grade Separation in Santa Fe Springs; and the WB SR-91 from Shoemaker Avenue to Alondra Boulevard
Improvements in Los Angeles County.
GPA Consulting DBE
Environmental
GPA is a multi-disciplinary consulting firm specializing in environmental planning, biological resource studies, and historic preservation planning. GPA is particularly skilled in transportation and infrastructure projects, including roadway/highway, bridges, emergency repairs, and
bicycle and pedestrian facilities. Many of these projects are processed through the California Department of
Transportation (Caltrans) Local Assistance Program, thereby giving staff an in-depth knowledge of Caltrans’ Local
Assistance Procedures Manual and Standard Environmental Reference.
LIN Consulting DBE
Traffic Engineering
LIN Consulting has been teaming with Mark Thomas
since 2012 and specializes in traffic, civil, and electrical engineering, for over 25 years they have been serving local communities across Southern California. They have been
involved with several design on-call contracts within Los Angeles County and have performed various task orders
under those contracts. LCI is familiar with the On-call process and have provided high-quality work consistently even with tight schedules.
Monument ROW DBE
Right of Way
Monument is a full-service real estate and right-of-way company providing exceptional service, strategic planning, innovation and timely delivery. They serve local, state and federal agencies, transportation authorities and engineering partners with public infrastructure projects throughout California. They have extensive experience working
throughout Southern California and have teamed with
Mark Thomas on numerous occasions. Their most recent
experience includes leading acquisition efforts for the SR47/Front Street Interchange for the Port of Los Angeles with Mark Thomas.
CITY OF MONTEBELLO ON-CALL ARCHITECTURAL AND ENGINEERING
DESIGN SERVICES
MARK THOMAS