EXHIBIT B
APPROVED FEE SCHEDULE
(SCHEDULE OF HOURLY LABOR RATES AND REIMBURSABLE)
H. SCHEDULE OF HOURLY RATES
5HJXODUUDWHV:RUNLQH[FHVVRIKRXUVDQGZRUNRQ6DWXUGD\VZLOOEHELOOHGDWWLPHVWKHUHJXODUUDWH:RUNLQH[FHVVRIKRXUVDQG work on Sundays and Holidays will be billed at 2 times the regular rate.
Fee Schedule
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(1*,1((5,1*6(59,&(6 +285/<5$7(
Principal $275
Project Manager $225
Plan Check Engineer III $195
Plan Check Engineer II $175
Plan Check Engineer I $150
7UDIÀF(QJLQHHU $225
Senior Structural Engineer $210
Structural Engineer $175
6859(<352)(66,21$/6(59,&(6 +285/<5$7(
Junior Engineer/Planner/Scientist/Surveyor $142
Assistant Engineer/Planner/Scientist/Surveyor $161
Associate Engineer/Planner/Scientist/Surveyor $183
Senior Engineer/Planner/Scientist/Surveyor $200
Manager $255
Associate $272
Principal $291
*(27(&+1,&$/352)(66,21$/6(59,&(6 +285/<5$7(
Senior Principal Engineer/Geologist $245
Principal Engineer/Geologist $225
Associate Engineer/Geologist $205
Senior Engineer/Geologist $185
Project Engineer/Geologist $155
Senior Staff Engineer/Geologist $135
Staff Engineer/Geologist $120
Senior CQA Manager $170
CQA Manager $150
)LHOG6XSHUYLVRU $150
Administration Staff $75
&LW\RI3LFR5LYHUD_2Q&DOO3ODQ&KHFN6HUYLFHV 19_18 Professional Services Agreement
NV5, INC.
EXHIBIT C
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subconsultant that is not registered with DIR pursuant to Section 1725.5. Consultant and subconsultants shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subconsultant ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subconsultant.
Professional Services Agreement
NV5, INC.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform Work with any Subconsultant that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. The Consultant and Subconsultants shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. If the Consultant or any subconsultant becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subconsultant for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the Professional Services Agreement
NV5, INC.
provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
12. For every subconsultant who will perform work on the project, Consultant shall be responsible for such subconsultant’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subconsultant a copy of those statutory provisions and a requirement that each subconsultant shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subconsultant’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subconsultant and upon becoming aware of the failure of the subconsultant to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent consultants serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subconsultants, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.
AGREEMENT NO. _______
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF PICO RIVERA AND
JOHN L. HUNTER AND ASSOCIATES
1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and John L. Hunter and Associates, (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”
2. RECITALS
2.1 City has determined that it requires professional services from a consultant to provide on-call plan check services.
2.2 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. 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:
3. DEFINITIONS
3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s December 12, 2023 proposal to City attached hereto as Exhibit “A” and incorporated herein by this reference.
3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s December 12, 2023 proposal to City attached hereto as Exhibit “B.”
3.3 “Commencement Date” : February 13, 2024
3.4 “Expiration Date” : June 30, 2029
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the Parties or terminated in accordance with Section 22 below.
5. CONSULTANT’S SERVICES
Enclosure 2
12b
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JOHN. L HUNTER & ASSOCIATES
5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of Two Hundred Fifty Thousand Dollars ($250,000.00), unless specifically approved in advance, in writing, by City.
5.2 Consultant shall perform all work to the highest professional standards of Consultant’s profession and in a manner reasonably satisfactory to City.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.
6.3 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant’s standard fee schedule. Fees for such additional services shall be paid within sixty (60) days of the date Consultant issues an invoice to City for such services.
7. BUSINESS LICENSE
Consultant shall obtain a City of Pico Rivera business license prior to commencing performance under this Agreement.
8. COMPLIANCE WITH LAWS
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. Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and Professional Services Agreement
JOHN. L HUNTER & ASSOCIATES
17708.02 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
9. CONFLICT OF INTEREST
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 Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date of this Agreement if both: (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing prior to Consultant’s performance of such work.
10. PERSONNEL
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 Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City’s premises. Jillian Brickey, Director, shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made to Consultant’s project administrator without City’s prior written consent.
11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. If any state, federal, or local law requires mandatory copyright protection for Consultant’s work product, City shall comply with such laws to the extent feasible.
12. INDEPENDENT CONTRACTOR
12.1 Consultant is, and shall at all times remain as to City, a wholly independent Contractor. Consultant shall have no power to incur any debt, obligation, or liability on Professional Services Agreement
JOHN. L HUNTER & ASSOCIATES
behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City.
12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Consultant or Consultant’s employees except as set forth in this Agreement.
12.3 City shall have no direct or indirect control over Consultant’s employees or sub-consultants with respect to wages, hours, and working conditions. In addition, City shall not deduct from the Compensation paid to Consultant any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to Consultant, Consultant’s employees or subconsultants. City shall have no responsibility to provide Consultant, its employees or subconsultants with workers’ compensation insurance or any other insurance.
12.4 The Parties further acknowledges the following: (i) that Consultant shall provide the services outlined in the Scope of Services directly to City; (ii) Consultant maintains a business location at the address listed under Section 20 that is separate and distinct from the City; (iii) Consultant contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the City; (iv) Consultant advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Agreement, Consultant provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) Consultant has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the City’s business hours, Consultant may set its own hours and location of work.
13. CONFIDENTIALITY
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 prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.
14. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES
Professional Services Agreement
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No official or employee of the City shall be personally liable to Consultant in the event of any default or breach by City, or for any amount which may become due to Consultant.
15. INDEMNIFICATION
15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
15.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 15 or related to Consultant’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
15.4 The obligations of Consultant under this Section 15 will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives Professional Services Agreement
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its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
15.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees.
15.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with 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.
15.7 PERS ELIGIBILITY INDEMNITY. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under 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 City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subconsultants, 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 subconsultants 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 City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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16. INSURANCE
16.1 During the term of this Agreement, 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 Consultant’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
16.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Consultant providing insurance for bodily injury liability and property damage liability for the following and including coverage for:
16.1.1.1 Premises, operations, and mobile equipment
16.1.1.2 Products and completed operations
16.1.1.3 Broad form property damage (including completed operations)
16.1.1.4 Explosion, collapse, and underground hazards
16.1.1.5 Personal Injury
16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant’s work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.
16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Consultant, its employees or subconsultants, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
16.1.3 Worker’s Compensation Insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence of claim/ Two Million Dollars ($2,000,000) in the aggregate.
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16.2 Consultant shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
16.3 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.
16.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
16.5 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).
16.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall provide such proof to City at least two weeks prior to the expiration of the coverages.
16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming 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 City. 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.
16.8 The general liability and automobile policies of insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or selfinsurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.
16.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
Professional Services Agreement
JOHN. L HUNTER & ASSOCIATES
16.11 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.
16.12 If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
17. MUTUAL COOPERATION
17.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available to City for the proper performance of Consultant’s services under this Agreement.
17.2 In the event any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require.
18. RECORDS AND INSPECTIONS
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. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
19. PERMITS AND APPROVALS
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.
20.NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).
Professional Services Agreement
JOHN. L HUNTER & ASSOCIATES
If to City: If to Consultant:
Steve Carmona, City Manager
City of Pico Rivera
PO Box 1016
6615 Passons Blvd.
Pico Rivera, California 90660-1016
Jillian Brickey, Director
John L. Hunter and Associates
6131 Orangethorpe Avenue Suite
300
Buena Park, CA 90620
With a courtesy copy to:
Arnold M. Alvarez-Glasman, City Attorney
13181 Crossroads Parkway North
Suite 400 - West Tower
City of Industry, CA 91746
21. SURVIVING COVENANTS
The Parties agree that the covenants contained in Sections 13, 15 and Paragraph
17.2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.
22. TERMINATION
22.1 City shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to City. The effective date of termination shall be upon the date specified in the notice of termination.
Consultant agrees that in the event of such termination, City’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as solely determined by the City, prior to the effective date of termination. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
22.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed, as solely determined by the City, at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
Professional Services Agreement
JOHN. L HUNTER & ASSOCIATES
23. ASSIGNMENT
Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any Party other than Consultant.
24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
24.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subconsultants, employees, and employment applicants are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
24.2 Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant 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.
24.3 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. WARRANTIES
25.1 Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement, or been provided with an opportunity to receive independent legal advice and has freely and voluntarily waived and relinquished the right to do so. Each Party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such Party’s failure to perform under this Agreement.
25.2 In executing this Agreement, each Party has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever.
Professional Services Agreement
JOHN. L HUNTER & ASSOCIATES
25.3 It is agreed that each Party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either Party has the full right and authority to fully commit and bind such Party to the provisions of this Agreement.
26. CAPTIONS
26.1 The captions appearing at the commencement of the sections hereof, 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 thereof 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.
26.2 Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
27. NON-WAIVER
27.1 The waiver by City or 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. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
27.2 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.
27.3 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
28. COURT COSTS AND ATTORNEY FEES
Professional Services Agreement
JOHN. L HUNTER & ASSOCIATES
In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees and expert witness fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be Los Angeles County, California.
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. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
31. COUNTERPARTS
This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile or email transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the Party whose signature appears in the facsimile or email and shall be binding upon such Party in the same manner as though an originally signed copy had been delivered.
32. 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 City and 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 City and Consultant.
Professional Services Agreement
JOHN. L HUNTER & ASSOCIATES
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 PICO RIVERA John L. Hunter and Associates
______________________________ ___________________________________ Andrew C. Lara, Mayor Jillian Brickey, Director
Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney Professional Services Agreement
JOHN. L HUNTER & ASSOCIATES
EXHIBIT A
SCOPE OF SERVICES
ON-CALL PLAN CHECK SERVICES
SERVICES PROPOSAL
2023.12.12
Prepared for: Noe Negrete, P.E.
Director of Public Works
City of Pico Rivera
6615 Passons Blvd.
Pico Rivera, CA 90670-3658
Prepared by: John L. Hunter & Associates
6131 Orangethorpe Ave #300
Buena Park, CA 90620
Jillian Brickey Michelle Kim
Project Manager Technical Lead
[email protected] 562.623.5081 [email protected] 562.623.5101 Proposal for On-Call Plan Check Services December 12, 2023 Page i
1. Letter of Offer ................................................................................................................................... 1
2. Qualifications of the Firm ................................................................................................................. 4
2.1. Firm Profile ........................................................................................................................................ 4
2.2. Financial Condition ............................................................................................................................ 4
2.3. Relevant Firm Experience .................................................................................................................. 4
2.4. Strength and Stability ........................................................................................................................ 5
3. Proposed Staffing .............................................................................................................................. 7
4. Consultants and/or Sub-consultants ................................................................................................ 7
5. Work Approach ................................................................................................................................. 8
5.1. Understanding and Approach ........................................................................................................... 8
6. Client References ............................................................................................................................ 13
7. Schedule of Hourly Rates ................................................................................................................ 14 Appendix A: Resumes ................................................................................................................................. A1 Appendix B: Completed Form ..................................................................................................................... B1
Proposal for On-Call Plan Check Services December 12, 2023
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The following section includes a Letter of Offer signed by the person who has the authority to bind the firm to proposals and execute agreements.
December 12, 2023
Noe Negrete, P.E.
Director of Public Works
City of Pico Rivera
6615 Passons Blvd.
Pico Rivera, CA 90670-3658
Subject: Proposal for On-Call Plan Check Services
Dear Noe Negrete:
John L. Hunter and Associates (JLHA) is pleased to submit a proposal to provide professional consulting services, prepared in response to the City of Pico Rivera Request for Proposal (RFP) for on-call plan check services. We welcome the opportunity to provide environmental services to the city.
We are an environmental consulting firm that specializes in servicing municipal cities. We believe we are the best qualified to provide such services to the City of Pico Rivera as we currently implement Municipal NPDES water quality programs to over 40 cities in the Southland. Services provided include administration, program funding (e.g., fees, grants, and other water quality funding programs), compliance planning (e.g., WMPs, TMDLs, and statewide pollutant provisions), control measure implementation (e.g., LID review and inspections, and industrial/commercial facility inspections), and monitoring and reporting. Specific qualifications and experience are detailed in the enclosed package.
The following table lists the items included in Section 12.A Letter of Offer of the RFP with our responses.
1 Identification of Consulting firm or
individual, including name, address and
telephone number.
John L. Hunter & Associates, Inc.
6131 Orangethorpe Ave, Suite 300
Buena Park, CA 90620
(562) 802-7880
2 Name, title, address, and telephone number
of Contact Person.
Jillian Brickey, Project Manager
6131 Orangethorpe Ave, Suite 300
Buena Park, CA 90620
(562) 623-5081
3 Federal Tax ID or Social Security No. for firm
or individual.
330127292
4 A statement to the effect that the Proposal
shall remain valid for a period of not less
than 90 calendar days from the date of
submittal.
This proposal shall remain valid for a period
of 90 days from the date of submittal.
5 Identification of all proposed subconsultants or subcontractors, including legal name of the company, address and
contact person.
We subcontract additional services as
needed such as water quality monitoring
and laboratory analysis, outfall screening,
construction management, computational
analysis, and design engineering. We do not
anticipate the need to enlist the assistance
of sub-consultants to fulfill the scope of
services. If it is determined that a
subconsultant is needed to provide a
specialized task, the City will be notified
prior to approval.
6 Acknowledgement that Consultant is
obligated by all addenda to this RFP.
We acknowledge receipt of any and all
addenda issued in association with this RFP.
7 Signature of a person authorized to bind
Consulting firm to the terms of the RFP.
The person authorized as the point of
contact for a contract resulting from the
RFP, and who will be responsible for day-today management of these services is: Jillian Brickey.
8 Signed statement attesting that all
information submitted with the Proposal is
true and correct.
All information submitted with the proposal
is considered true and correct.
We welcome the opportunity to offer our services. Please do not hesitate to contact us if you have any questions or would like further information.
Sincerely,
Jillian Brickey
Director
Proposal for On-Call Plan Check Services December 12, 2023
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John L. Hunter and Associates, Inc. (JLHA) is an environmental consulting corporation founded in 1985. We specialize in assisting cities implement water quality and conservation programs. This includes NPDES/pollution prevention, watershed management, sewer spill prevention, water conservation, and recycling. Services include administration, planning, reporting, and funding, as well as inspections, engineering, monitoring, and public education.
JLHA consists of 19 full-time staff and 5 part-time staff. This includes 1 principal, 2 directors, 5 project managers, 5 engineers, 12 field inspectors, 3 project analysts, and 2 administrative staff.
All staff operate out of JLHA’s office at 6131 Orangethorpe Ave, Suite 300, in Buena Park, California.
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We continue to experience growth while maintaining strong financial performance. The company is in position to maintain its growth due to the management team’s significant experience in environmental consulting, an excellent reputation in the industry and ability to provide a wide scope of services. There are currently no conditions (e.g., bankruptcy, pending litigation, outstanding claims in excess off twenty-five thousand dollars for or against the firm, planned office closures or mergers, etc.) that may impede our ability to provide these on-call services. ʹǤ͵Ǥ
Our experience in Municipal NPDES begins with the inception of MS4 Permits in the 1990s. Table 1 is a complete list of NPDES services we provide to current municipal clients, which are similar to the one proposed in the RFP. This includes:
x 38 cities, 4 watershed management groups: Program administration or technical support, x 18 cities: Grant and SCWP Program project application or administration, x 38 cities: Field services such as BMP compliance inspections, x 23 cities: Plan review and approval, including LID Plans, WQMPs, and SWPPPs, x 39 cities, 3 WMGs: Reporting (e.g., annual, TMDL, or watershed reports), and x 37 cities and 3 watershed groups: Staff training.
Recent and relevant projects include:
x Submitting over 20 applications for SCWP infrastructure project funding (2019-current). x Applying for and obtaining a Prop 1 Stormwater grant (Urban Orchard in South Gate, 2018) and administering a Prop 1 grant (Ford Park in Bell Gardens, current). x Updating Watershed Management Programs (WMPs) for the Lower Los Angeles River (LLAR), Lower San Gabriel River (LSGR), Nearshore (Long Beach), and Peninsula Cities WMGs (2021).
Proposal for On-Call Plan Check Services December 12, 2023
x Assisting with the implementation of the Trash TMDL DGR Study for 24 local municipalities in the Santa Monica Bay, Machado Lake, Ballona Creek, and Los Angeles River watersheds.
x Assisting with the implementation of the Statewide Trash Provisions for 22 local municipalities.
x Representing the Cities of Glendale, Diamond Bar, and Villa Park in MS4 NPDES compliance audits conducted by the Regional Water Board and Federal EPA staff in 2019 and 2020.
x Managing ongoing BMP inspection programs at over 10,000 sites.
Our interagency compliance planning experience includes serving as the lead consultant for the development of the WMPs for the LLAR, LSGR, Nearshore, and Peninsula Cities watershed management groups (WMGs). This included oversight of the development of Coordinated Integrated Monitoring Programs (CIMPs). Together the member agencies of these Watershed Groups represent 20 MS4 NPDES Permittees. We also serve as the consultant team lead for the Nearshore, LLAR, LSGR, and Peninsula Cities WMGs. Services include administering monitoring activities, overseeing the development of and submitting funding applications for Safe Clean Water Program projects, preparing watershed annual reports, holding technical committee meetings, and implementing other relevant tasks such as feasibility studies. We also represent municipal clients in WMGs for the Upper Los Angeles River, Upper San Gabriel River, Dominguez Channel, Ballona Creek, Beach Cities, and Los Cerritos Channel. In Orange County we represent six municipal clients in WMG planning activities led by the Orange County Public Works. ʹǤͶǤ
JLHA’s strength is evident in its continued growth over the last 15 years. Through this growth phase JLHA has retained its existing municipal NPDES clients while adding additional clients. This trend of growth and retention is visible by viewing the “Years of Service” column in Table 1. The trend is due in part to the growing reputation of JLHA’s key personnel. The key personnel in question include members of the Proposed Staffing for this proposal. JLHA has leveraged its reputation to attract highly qualified new personnel, which has added to both the strength and stability of the firm.
The internal stability of JLHA is reinforced by its hierarchy, which includes five managers and two directors in addition to its principal and majority owner, John Hunter. Jillian Brickey and Cameron McCullough (listed on the Proposed Staffing) are co-owners. The stability of the firm in terms of its ability to provide technical services is reinforced by its “matrix” organizational structure, wherein project managers and supporting technical staff are trained and experienced in a number of NPDES sub- programs. This means that JLHA has more than one expert for any NPDES sub-program, and that any member of an existing Proposed Staffing can be replaced with an existing employee that is comparably trained and experienced.
Proposal for On-Call Plan Check Services December 12, 2023
Table 1. Summary of Municipal NPDES Services Currently or Recently Provided Municipal NPDES Client
Years of serviceAdministrative or Technical support Plan Review Field Inspections Public Outreach Training Funding Assistance Project or Compliance Planning Trash Studies Monitoring oversightReporting Arcadia 29 × - -× × × × - - × - - ×
Artesia 10 × - -× × × × × - -- - ×
Baldwin Park 4 × - - × × × × × - - - - ×
Burbank 7 × - - - - - - × × × × - - ×
Cerritos 9 - - - - × - - - - × - - - - - - ×
Compton 4 × - - - - - - × × - - - -× ×
Covina 16 × × × - - × - - - - - - - - - -
Culver City 1 × × × × × × × × × ×
Diamond Bar 17 × × × × × × × - - - - ×
Downey 13 × × × × × × × × - - ×
Fullerton 7 × - - - - - - × × - - - - - - ×
Glendale 11 × - - × - - × × - - × - - ×
Hawaiian Gardens 12 × × × × × × × - - - - ×
Hawthorne 24 × - - × × × × - - - - - - ×
Hermosa Beach 4 × - - × × × × × - - - - ×
Inglewood 9 × - - × × × × - - × - - ×
La Habra 13 × × × × × × - - - - - - ×
La Mirada 7 × - - × - - - - × - - - - - -×
Laguna Woods 4 - - × × - - - - - -× - - - - - -
Lakewood 9 - - - - × - - - - × - - - - - - ×
Lomita 9 × - - × × × × × - - - - ×
Long Beach 10 × - - × × × × × × × ×
Los Angeles 1 × - - × - - - -- - - - - - - -- -
LCC WMG 10 × - - - - - - × - - × - - × - -
Lower LA River WMG 11 × - - - - - - × × × - - × ×
Lower San Gabriel River WMG 11 × - - - - - - × × × - - × × Lynwood 10 × × × × × × × × - - ×
Manhattan Beach 14 - - - - × - - - - - - - - - - - - - - Monterey Park 19 × × × × × × × × - - ×
Norwalk 14 × × × × × × × - - - - ×
Paramount 10 × × × × × × × × - - ×
Pasadena 9 × × × - - × × × × - - ×
Palos Verdes Peninsula WMG 11 × - - - - - - - -- - × - - × × Pico Rivera 8 × - - - - × × × - - × - - ×
Placentia 11 × × × - - × × - - - - - - ×
Rancho Palos Verdes 30 × × × × × × × × - - ×
Rolling Hills 15 - - - - - - - - - - - - - - × - - ×
Santa Fe Springs 8 - - × × - - - - - - - - - - - - - -
Seal Beach 19 × × × × × × - - - - - -×
Signal Hill 39 × × × × × × × × - - ×
South El Monte 7 × × × × × × × × - - ×
South Gate 33 × × × × × × × × - -×
South Pasadena 19 × - - × × × × × × - - ×
Stanton 17 × × × × × × - - - - - - ×
Temple City 21 × × × × × × × × - - ×
Upper Los Angeles WMG 4 × - - - - - - - -- - × - - - - - - Villa Park 11 × × × × × - - - - - - - - ×
West Covina 9 × × × × × × × - - - - ×
West Hollywood 29 × × × - - × × × × - - ×
Whittier 10 × - - × × × × × - - - - ×
TOTALS (out of 50) 44 24 40 29 4040 30 20 7 43
Proposal for On-Call Plan Check Services December 12, 2023
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Table 2 lists the key personnel for this project and their typical project roles. See the Resumes Section for the experience, credentials, and education of the project team.
The Project Manager and key personnel will be available and remain assigned to the extent proposed for the duration of the contract. No person designated as “key” shall be removed or replaced without the proper written concurrence of the City. If changes occur, we will furnish the revised Project Team information provided in this proposal.
Table 2. Project Team Key Personnel and Roles
Project Title Team Member Information Team
Rate1
Project
Manager
Name Jillian Brickey, MS, CPSWQ, QSD/P, CGP ToR
PM
Roles Point-of-contact, manages services implementation and budget Technical
Lead
Name Michelle Kim, MSE, CPSWQ, QSD
PM
Roles Point-of-contact, manages services
Technical
Lead
Name Cameron McCullough, MS, CPSWQ, QSD/P, IGP ToR
PM
Roles Alternate point-of-contact, as-needed project implementation Principal
Name John Hunter,PE
Pri
Roles As-needed project implementation
Staff
Engineer
Name Chris Chew, PE, QSD/P
SE
Roles Plan review and engineering oversight
Project
Engineer
Name Michelle Staffield, PE, MSE, CPSWQ, QSD
PE
Roles Plan review, LID inspections support
Technical
Lead
Name Hugo Garcia, CPSWQ, CESSWI, QSD/P
aPM
Roles Assists in services implementation
Compliance
Specialist
Name Franz Anunciacion CS2
Roles LID inspections
1 Rates are based on company titles, as identified in the resumes. aPM: Assistant Project Manager, CS2: Compliance Specialist II, PE: Project Engineer, PM: Project Manager, Pri: Principal, SE: Staff Engineer. See Section 7. Schedule of Hourly Rates for more information.
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We subcontract additional services as needed such as water quality monitoring and laboratory analysis, outfall screening, construction management, computational analysis, and design engineering. We do not anticipate the need to enlist the assistance of sub-consultants to fulfill the scope of services. If it is determined that a subconsultant is needed to provide a specialized task, the City will be notified prior to approval.
Proposal for On-Call Plan Check Services December 12, 2023
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We welcome the opportunity to provide on-call plan check services to the City of Pico Rivera, prepared in response to the Request for Proposal (RFP). This section details the approach to complete the Scope of Work (SOW). This proposal is considered valid for a period of ninety (90) days from the date of submittal.
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This understanding and approach is in response to RFP scope of services items A (as it relates to NPDES concerns), B.5, B.8-B.10 (as they relate to NPDES concerns, such as SWPPPs and LID Plans), C, D.1.vi, E, and K. These items all relate to NPDES requirements, which is our firm’s specialty.
We understand that following the requirements of the Los Angeles MS4 NPDES Permit improves and protects local surface water quality. We also understand that noncompliance with these requirements can result in fines issued by the Regional Board, or third-party litigation (as allowed by the Clean Water Act). Our understanding comes from years of experience both implementing the provisions of MS4 Permits and interpreting the specific intent of these regulations through communications and audits with Regional Board staff.
We also understand that the MS4 Permit’s Planning and Land Development section—which details the Low Impact Development (LID) Plan review process—is one of the most complicated and high-profile programs within the Permit. As such we 1) provide thorough training to our LID plan review staff and 2) incorporate a comprehensive QA process to ensure our clients maintain compliance.
We are attentive to the concerns of the Regional Water Quality Control Boards (RWQCB), having represented cities in program audits with Regional Board staff on multiple occasions. This includes program audits in Big Bear Lake, Diamond Bar, Seal Beach, Stanton, and Villa Park. We understand that the Regional Boards audit and fine Permittees under the local MS4 NPDES Permit and, as such, adherence to the Permit and the concerns of Regional Board staff is paramount.
We understand that compliance with the MS4 NPDES program is a challenge for smaller municipalities. The program includes many unrelated sub-programs, each of which can affect more than one City division. This includes laborious and technically specialized requirements involving Low Impact Development implementation, TMDL compliance, and field inspections.
There is also no scaling-down of these responsibilities for smaller cities. As described in Table 3, we have developed an approach to aid our clients in navigating through the turbid waters (so to speak) of MS4 NPDES regulation.
Proposal for On-Call Plan Check Services December 12, 2023
Table 3. Understanding and Approach
RFP
Task Description
A Assist staff with development of Conditions of Approval for new or redevelopment projects.
We can provide this service as it relates to NPDES concerns. We have assisted a number of cities in LA County with the development of Conditions of Approval, and as such is well suited to provide the same service to City staff.
B
Review, including, but not limited to, the following plans:
1. Subdivision maps, parcel/tract maps, lot line adjustments and legal descriptions for conformance with local and state ordinances and laws
2. Grading plans including preliminary grading, mass grading, rough grading, and precise grading plans
3. Street Improvement Plans including street widening, rehabilitation, and new street plans
4. Utility Improvement Plans
5. Storm Water Quality Management Plans
6. Hydrology and Hydraulic Calculations and Reports
7. Engineer’s Cost Estimate for the related items of work for bonding and fee purposes
8. Engineer’s Reports including Storm Water Pollution Prevention Plans
9. Erosion and Sediment Control Plans
10. Geotechnical report review
11. Sewer Capacity Studies
We can provide this service as it relates to NPDES concerns under items B.5, and B.8- B.10. We are familiar with reviewing LID Plans following the standards of the Los Angeles County area-wide MS4 Permit, City Ordinances and State Law, and currently provide these services to 24 municipal clients in LA and Orange County. See Table 1 in Section 2 of this proposal for a list of specific clients and years of service.
C
Assist the City in reviewing plans for compliance with the MS4 Permit and City ordinances, including Low Impact Development Plan (LID) and other development planning environmental documents.
We will review LID Plans, verify conformance with the criteria of MS4 Permit Part VIII.F, provide correction sheets to indicate corrections required to achieve conformance, meet and correspond with project applicants and engineers, and approve plans. We currently provide these services to 24 municipal clients in LA and Orange County. See Table 1 in Section 2 of this proposal for a list of specific clients and years of service.
D
The task for the plan reviewer includes:
1. Review for design conformance to:
i. Approved Tentative Map
ii. Related Specific Plans
Proposal for On-Call Plan Check Services December 12, 2023
Table 3. Understanding and Approach
RFP
Task Description
iii. General Plan and City Ordinances
iv. Conditions of Approval
v. City Standards
vi. Regional Storm Water Requirements
vii. Americans with Disabilities Act (ADA) Standards
viii. Other Agency Requirements such as Pico Rivera Water Authority (PRWA), Los Angeles County Design Manuals and State Water Resources Control Board (SWRCB)
2. Review general calculations and design criteria
3. Recommend redesign of any portion of plans that:
i. Will not function due to poor engineering
ii. Does not meet the industry standard of care
iii. Is not consistent with the Approved Tentative Map or Conditions of Approval.
iv. Will be potentially unsafe to the public
v. Is impractical to construct
We can provide this service as it relates to NPDES concerns under item D.1.vi. We are familiar with reviewing LID Plans, Stormwater Pollution Prevention Plans (SWPPPs), and NPDES-related plans following the standards of the Los Angeles County area-wide MS4 Permit, City Ordinances and State Law, and currently provides these services to 23 municipal clients in LA and Orange County. See Table 1 in Section 2 of this proposal for a list of specific clients and years of service.
E
Conduct field inspections during construction of LID systems and ensure postconstruction controls are properly designed to reduce the discharge of pollutants into stormwater and to keep in line with the overall goal of the MS4 Permit.
We will verify the proper construction and installation of BMPs, and proper operation and maintenance of BMPs, respectively. We will be available to conduct inspections upon receiving notice from the city to inspect and availability of records and plans. Follow-up activities will be conducted at non-compliant projects. This includes activities related to the detection of BMPs that are improperly constructed, installed, or maintained. This will also include follow-up inspections, corresponding with the LID BMP owner/operator, and issuing enforcement actions. Existing LID sites will also be notified of maintenance requirements via notification letters and correspondence with owners and operators of LID BMPs as-needed. We will update LID BMP records upon receiving and availability of records and plans from the City.
We provide these services as needed to 16 municipal clients in LA and Orange County:
Covina, Downey, Diamond Bar, Hawaiian Gardens, La Habra, Lomita (as-needed), Lynwood, Monterey Park, Placentia, Rancho Palos Verdes, Seal Beach, Signal Hill, South Gate (as-needed), Stanton, Villa Park, and West Hollywood. The Cities of Seal Beach and Proposal for On-Call Plan Check Services December 12, 2023
Table 3. Understanding and Approach
RFP
Task Description
Stanton were audited in this program by the RWQCB, and we participated in the audits.
No violations were noted.
F
Consultant shall orient themselves with City staff to learn the City development plan check process, acquire standard files and boiler plate documents as they apply, acquire understanding of key issues that need attention during the plan check process and establish ongoing operating procedures between City staff and the Consultant for the on-call services.
We will provide adequate Project Team staff time to correspond, meet and train with City staff through emails, phone calls and in-person meetings at City Hall. The frequency and method of providing meetings and training can be set by City staff.
G Report to City Hall when called upon to pick up project documents for review, and meet with city staff, as needed, to be briefed on project particulars.
We are available to pick up project documents and provide office hours on a regular (i.e., weekly) basis. We currently provide similar services to municipal clients.
H Work with other consultants in coordinating the plans and the technical reports.
We will provide adequate Project Team staff time to correspond, meet and train with other consultants through emails, phone calls and in-person meetings at City Hall. The frequency and method of providing meetings and training can be set by City staff.
I Conduct field reviews of projects with City staff, as needed, to address unique aspects of the proposed project.
We will correspond with City staff to conduct joint site visits at projects with unique aspects. We will verify the proper construction and installation of BMPs, and proper operation and maintenance of BMPs, respectively. We will be available to conduct inspections upon receiving notice from the city to inspect and availability of records and plans. Follow-up activities will be conducted at non-compliant projects. This includes activities related to the detection of BMPs that are improperly constructed, installed, or maintained. This will also include follow-up inspections, corresponding with the LID BMP owner/operator, and issuing enforcement actions. Existing LID sites will also be notified of maintenance requirements via notification letters and correspondence with owners and operators of LID BMPs as-needed. We will update LID BMP records upon receiving and availability of records and plans from the City.
J Attend scheduled development review meetings, as needed. Brief City staff on findings and coordinate additional relevant details.
We will meet and correspond with project applicants and engineers. Any action items required by the City as a result of the meetings will be conveyed via email or phone call as soon as possible. The Project Manager will also be available as-needed to discuss the meeting activities and actions.
K Provide assistance, as requested, to developers in the design of BMP treatments for their private projects.
Proposal for On-Call Plan Check Services December 12, 2023
Table 3. Understanding and Approach
RFP
Task Description
We will correspond and provide as-needed assistance to project applicants and engineers with unique aspects of the proposed project at City Hall or JLHA’s office, in order to achieve conformance.
L Complete plan review within ten working days of initial submittal for plan check, and within five working days of re-submittal for subsequent plan checks Standard turn-around time for LID plan review is two weeks (ten working days). However, we are available to expedite reviews for priority projects (at the request of the City).
M
The City uses Office 365/OneDrive to transmit large files. The Consultant shall have the ability to download files from OneDrive or use their own file sharing program and provide City staff with log in credentials
All JLHA service-related documents are stored on either Google Drive or Google Cloud through the use of Google’s AppSheet. We are also able to download files from OneDrive and will update folders and documents in a manner preferable to the City.
Proposal for On-Call Plan Check Services December 12, 2023
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Table 4 is a list of client references we have provided similar scope of services. Additional references are available at the request of the City.
Table 4. References
Agency Name Data Field Reference Information
Downey
Contact/Title Dan Mueller, Deputy Director of PW/Utilities Mgr.
Address/Location 11111 Brookshire Ave, Downey, CA 90241 Phone/email (562) 904-7110, [email protected]
Project Description
MS4 NPDES Permit programs including
Watershed/TMDL management, studies, plan
development, reporting, plan review, field
inspections, outreach, and training.
South Gate,
Lower Los
Angeles River
Watershed
Management
Group
Contact/Title Gladis Deras, City Senior Engineer/WMG Chair Address/Location 8650 California Ave, South Gate, CA 90280 Phone/email (323) 563-9576, [email protected]
Project Description
MS4 NPDES Permit programs including
Watershed/TMDL management, studies, plan
development, reporting, plan review, field
inspections, outreach, and training. WMP/IMP
assistance.
Whittier
Contact/Title Vicki Smith, Deputy Director of Public Works Address/Location 13230 Penn St, Whittier, CA 90602
Phone/email 562.567.9506, [email protected]
Project Description
MS4 NPDES Permit programs including
Watershed/TMDL management, studies, plan
development, reporting, plan review, field
inspections, outreach, and training.
Proposal for On-Call Plan Check Services December 12, 2023
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Principal $227 / hour
Director $201 / hour
Program Manager $201 / hour
Staff Engineer $201 / hour
Project Manager $191 / hour
Assistant Project Manager $170 / hour
Project Engineer $170 / hour
Senior Compliance Specialist $150 / hour
Compliance Specialist II $140 / hour
Project Analyst II $140 / hour
Compliance Specialist I $129 / hour
Project Analyst I $129 / hour
Administrative Assistant, Laborer $88 / hour
State Certified Laboratory Analysis Cost + 5%
Legal Consultation, Court Appearances/Document review, etc. $299 / hour Subcontracted equipment Cost + 5%
Fee Schedule effective as of April 25, 2023
JLHA does not add charges for overhead items such as administrative copying or mileage in and around the city.
Proposal for On-Call Plan Check Services December 12, 2023 PageA 1
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The following section includes the resumes and certifications of key personnel.
Proposal for On-Call Plan Check Services December 12, 2023 PageA 2
Jillian Brickey, MS, CPSWQ, QSD/P, CGP ToR
Director
Jillian Brickey has 18 years of experience in environmental management, specializing in stormwater and watershed
management and water conservation. Her relevant experiences include implementing and managing NPDES municipal Permit programs for Low Impact Development, Development Construction, and TMDL/watershed management. Tasks include includes plan review and approval, reporting, training municipal staff in program implementation, and representing client interests in interactions with regulators and other stakeholders.
Recent Experience and Project Qualifications
Municipal NPDES Permit Management: Ms. Brickey serves as a Programs Manager of municipal NPDES Permit programs for multiple cities throughout the Southland. NPDES Permits managed include all elements of the MS4 and CGP Permits, including erosion/sediment control and Low Impact Development (LID) for construction projects, and TMDL implementation for water bodies impaired by trash, metals, toxics, and bacteria. Through these management activities, she has:
Represented cities in MS4 NPDES Permit New Development compliance audits from the Regional Water Quality Control Board. (Seal Beach: 2010, 2015, Stanton: 2010). Developed TMDL compliance plans for Metals, Toxics, Bacteria, and Trash. (Lower Los Angeles River, Lower San Gabriel River, Long Beach Nearshore Watersheds: 2013-2016.) Served as primary contact with clients and represented their interests when interacting with regulators. (Covina, La Habra, Seal Beach, South Pasadena, Stanton, Pasadena, West Hollywood). Developed Stormwater Quality Management Programs (Seal Beach: 2011), LID compliance guideline documents (Gateway cities, 2014), and LID ordinances (2014). Held CGP QSD/QSP training as a CGP ToR (Pasadena, 2016) and led over one hundred municipal training sessions in MS4 and CGP Permits. (Over 20 municipal clients: 2008-2016). Reviewed on behalf of municipal clients hundreds of LID Plans, WQMPs, and SWPPPs and verified proper installation and maintenance of hundreds of LID BMPs.
Supervised JLHA plan checking staff.
Watershed Management: Ms. Brickey served as a Project Manager for the development of the WMPs for the Lower Los Angeles River and Lower San Gabriel River Watershed Groups (2013-2016). The WMPs were developed by MS4 Permittees with shared watershed boundaries, with the objective of achieving surface water quality standards. Tasks included evaluating existing control measures and developing new control measures and compliance schedules to achieve water quality standards. She also oversaw the development and implementation of LID ordinances as required by the WMP development process. This included preparing a LID Ordinance Equivalency Demonstration for the City of Long Beach.
She has also led multi-jurisdictional workshops and technical committees on watershed management program implementation, and engaged with Regional Water Quality Control Board members, staff, and non-governmental organizations in support of contested issues regarding the watershed management compliance approach. Through representation of municipal clients’ stakeholder interests, Ms. Brickey has also participated in the development of watershed management programs and monitoring programs for the Upper Los Angeles River, Upper San Gabriel River, and Peninsula Cities Watershed Groups (2013-present).
18 Years of Experience in Water Quality
Education
M.S., Environmental Science, CSUF
B.S., Zoology, Cal State Poly Pomona
Certifications
CPSWQ, EnviroCert (#0845)
QSD/QSP, CASQA (#22731)
CGP Trainer of Record, CASQA
Proposal for On-Call Plan Check Services December 12, 2023 PageA 3
Michelle Kim, MSE, CPSWQ, QSD
Project Engineer
Michelle Kim has 17 years of experience in the water
quality industry, which includes potable water,
wastewater, and stormwater. Michelle serves as a
Project Manager and technical lead on various
stormwater infrastructure projects for municipalities
involving planning, review, implementation, and
funding (including the Safe Clean Water Program).
Her relevant experiences and tasks include
implementing and managing NPDES municipal
permit provisions such as watershed management
and TMDL compliance, Best Management Practices
(BMPs) and Low Impact Development (LID) for planning and land development, construction, industrial/commercial activities, and public information and participation. She is also involved in the development and review of Watershed Management Programs (WMPs), Water Quality Management Plans (WQMPs), and LID Plans. Her experience also includes compliance planning, staff training, and representing client interests in interactions with regulators and other stakeholders.
Michelle’s client-specific responsibilities at JLHA include:
x Reviewing LID Plans following the standards of the Los Angeles County area-wide MS4 Permit for the Cities of Covina, Diamond Bar, Downey, Hawaiian Gardens, Long Beach, Lynwood, Monterey Park, Norwalk, Pasadena, Rancho Palos Verdes, Santa Fe Springs, Signal Hill, South El Monte, South Gate, West Covina, West Hollywood, and Whittier.
x Reviewing WQMPs following the standards of the North Orange County area-wide MS4 Permit for the Cities of La Habra, Placentia, Seal Beach, Stanton, and Villa Park. (WQMPs are the Orange Countyequivalent of Los Angeles County’s LID Plans.) x Serving as point-of-contact with project engineers for the LID Plan and WQMP review process. x Conducting post-construction BMP verification inspections. x Conducting training to municipal staff on LID.
x Assisting in municipal TMDL compliance activities, including the preparation of Trash TMDL studies and compliance reports, and Bacteria TMDL studies and Load Reduction Strategy reports. x Assisting in MS4 Permit Project Management for the Cities of Diamond Bar, Downey, La Mirada, Long Beach, Lynwood, Monterey Park, Pico Rivera, Temple City, and Whittier. Tasks include serving as a point-of-contact with city staff, representing city interests at watershed meetings and other NPDESrelated meetings and hearings, and preparing Annual Reports. x Assisting in Watershed Management efforts under the LA County area-wide MS4 Permit. This includes management of the Lower Los Angeles River Watershed Management Group (WMG), Lower San Gabriel River WMG, and Long Beach Nearshore WMG. Tasks include administering meetings, managing subcontractors, representing the groups in interactions with regulators, and preparing compliance reports, such as Watershed Annual Reports, WMP Progress Reports, and Adaptive Management reports.
17 years of project experience
Education
M.S., Civil Engineering, Loyola Marymount
B.S., Environmental Science, UC Berkeley
B.A., Public Health, UC Berkeley
Certifications
CPSWQ, EnviroCert (#1134)
QSD, CASQA (#26504)
EIT, NCEES (#141554)
Grade 3 Laboratory Analyst, CWEA (#130133001)
Proposal for On-Call Plan Check Services December 12, 2023 PageA 4
Cameron McCullough, CPSWQ, QSD/P, IGP ToR
Cameron McCullough has 20 years of experience in the
environmental compliance field, specializing in municipal surface water quality. His experience includes municipal NPDES, TMDL, and SSO control programs administration and implementation, funding—including the Safe, Clean Water Program, compliance planning, staff training, and representing client interests in interactions with regulators and other stakeholders.
Recent experience and qualifications
Mr. McCullough currently serves as a contracted project manager and primary contact for nine local cities’ surface water quality programs and provides as-needed general technical assistance to 28 local cities. Programs administered include those for state NPDES stormwater discharge permits (MS4, IGP, CGP), state non-stormwater discharge permits and orders (e.g., sanitary sewer overflows and drinking water system discharges), and local ordinances related to these programs (e.g., for the Safe, Clean Water Program, stormwater and urban runoff pollution prevention, and FOG/Industrial Waste Control). The table below lists specific clients, roles, and tasks for relevant contracted services.
Relevant Experience Currently or Recently Provided
Project Manager for contracted Municipal NPDES Program implementation assistance Clients Arcadia, Burbank, Glendale, Inglewood, South El Monte, South Pasadena, Stanton, Villa Park, and West Covina (9 cities total)
Tasks Varies per client, including client representation with watershed groups and regulators, program administration, WMP/TMDL/trash prohibition compliance planning, training, reporting, studies, and oversight of control programs such as inspections and public outreach.
Budget $600,000/year total
Lead Technical Support for as-needed Municipal NPDES technical assistance Clients The clients listed above, as well as Artesia, Baldwin Park, Compton, Covina, Diamond Bar, Downey, Hawthorne, Hermosa Beach, Lomita, Long Beach, Monterey Park, Norwalk, Paramount, Pasadena, Pico Rivera, RPV, Temple City, West Hollywood, and Whittier (28 total) Tasks Varies per client, including but not limited to staff training, NPDES Permit compliance inquiries, and assistance with strategic WMP/TMDL compliance planning.
Lead Technical Support for contracted Safe, Clean Water Program (SCWP) implementation assistance Clients The 28 clients listed above, and Hawaiian Gardens, La Mirada, and Lynwood (31 total) Tasks Varies per client, including Annual Plan and Expenditure Report development and preparation, and general technical assistance. For Burbank (2020), Diamond Bar (2020), and South Pasadena (2 in 2020, 1 in 2021), tasks included project concept planning and TRP application preparation.
Project Manager for Watershed Management Group Reporting and WMP Adaptive Management Clients Agencies within the Lower LA River and Lower San Gabriel River Watershed Management Groups Tasks Administering the preparation and adaptive management of WMPs and watershed reporting.
Client Representation for NPDES Program Audits
Clients Diamond Bar (2019), Glendale (‘20), Seal Beach (‘10, ‘06), Stanton (‘14, ‘10), Villa Park (‘19) Tasks Represented cities in MS4 NPDES Permit compliance audits from Cal EPA and Federal EPA. 20 years of project experience
Education
M.S., Applied Mathematics, CSULB
B.S., Physics, CSULB
Certifications
CPSWQ, EnviroCert (#0842)
QSD/QSP, CASQA (#22706)
IGP Trainer of Record, CASQA (#079)
Affiliations
Phi Beta Kappa Society
Society for Industrial & Applied Math
Proposal for On-Call Plan Check Services December 12, 2023 PageA 5
John L. Hunter, PE
Principal
Mr. Hunter serves as the Principal of JLHA. He has over 30 years of experience in municipal environmental programs and currently oversees or otherwise assists with: (1)
elements of over 40 separate municipal NPDES programs
that covers sub-programs such as: watershed and
stormwater management, TMDL implementation, plan
reviews, industrial and construction inspections, training, O&M activities, public outreach, and monitoring and
reporting; (2) elements of 30 municipal Safe, Clean Water Programs, (3) eleven municipal FOG or Industrial Waste programs encompassing permitting, inspections and enforcement; (4) six municipal Used Oil Recycling programs; (5) three municipal Beverage Container Recycling programs; and (6) two water conservation programs.
Related Experience
Representation, Advocacy, and Leadership
Since May 2016, Mr. Hunter has served as the chair for the LA Permit Group, which facilitates discussions and provides area wide Permit updates to affected parties within LA County that are under the Regional MS4 NPDES Permit. He coordinates this role with staff from the County of Los Angeles, as well as other Permit stakeholders.
Historically, he has also chaired the Los Angeles River Watershed Management Committee and the Santa Monica Bay Bacterial TMDL J7 Subcommittee.
For decades Mr. Hunter has regularly represented client interests in meetings with Regional Board staff and members, most recently regarding topics such WMPs, CIMPs, TMDLs, trash provisions, and other new Permit mandates. Most recently this included providing written and oral comments on the 2021 Regional MS4 NPDES Permit on behalf of the Lower San Gabriel River and Lower LA River Watershed Management Groups.
Through these experiences, Mr. Hunter has played a leadership role in the continued countywide development and implementation of the Municipal NPDES Program in the LA Region.
Watershed Management and Safe, Clean Water Program
Mr. Hunter serves as the Principal-in-Charge for contracted program administration and implementation assistance to the Lower Los Angeles River Watershed Group, the Lower San Gabriel River Watershed Group, the Peninsula Cities Watershed Group, and the Long Beach Near-shore watersheds. Services overseen include preparation and adaptive management of the WMPs, CIMP monitoring, annual compliance reporting, project concept planning, and SCWP application preparation. This includes presenting SCWP funding projects to the Watershed Area Steering Committees (WASCs). He also participates as needed in the Upper Los Angeles River Watershed Group, the Dominguez Channel Watershed Group, and the Los Cerritos Channel Watershed Group.
Total Maximum Daily Loads and NPDES Permit Implementation Mr. Hunter oversaw development of the Reach 1 Metals TMDL Implementation Plan on behalf of nine local agencies. The Plan was used as a source document for the Compliance Schedule in the Lower LA River WMP.
He has also administered Trash TMDL studies and associated compliance reports for 19 cities, and continues to oversee the development and implementation of the federally required NPDES Municipal Permit Minimum Control Measures for over 30 cities.
Over 30 years of project experience
Education
B.S. Chemical Engineering, CSULB
B.S. Biological Sciences, UCI
Certifications and Licenses
CA Professional Chemical Engineer, 4724
CA Registered Environmental Assessor, 0900
CA Hazardous Substance Removal, A3382
CA General Engineering License, A-582340
Proposal for On-Call Plan Check Services December 12, 2023 PageA 6
Chris Chew, PE, QSD
Staff Civil Engineer
Overview
Mr. Chew serves as a Staff Civil Engineer. He has over 20 years of municipal experience reviewing structural and architectural plans. His specialty lies in reviewing such plans for compliance with Permits (including MS4), City ordinances (including LID and Green Streets /Erosion Control), Building Codes, and other State Laws.
Education
x M.S. Civil Engineering, Texas Tech University
x B.S. Civil Engineering, Texas Tech University
Certifications and Licenses
x CA Professional Civil Engineer (#47147)
x Qualified SWPPP Developer (QSD)
Related Experience
With JLHA (Starting 2021)
Reviews structural and architectural plans and residential and large and complicated buildings for compliance with the MS4 Permit, City Ordinances and State Law.
Interacts with developers to facilitate completion of their projects. Code Consultant.
City of Glendale, Principal Civil Engineer (2015-2020)
Supervise and manage the Land Development, GIS, Surveying, Real Property, Stormwater and Wastewater Sections.
Supervise and manage the review of grading and public improvement plans, encroachment plans, subdivision maps, covenant and agreements, street vacations and dedications. Update City’s ordinances relating to engineering requirements in the Glendale Municipal Code, Glendale Building Code and Low Impact Development Ordinance.
Review development plans for construction and code compliance. Represent the City of Glendale in meetings with other public agencies relating to wastewater and stormwater issues.
Manage and implement the Municipal Separate Storm Sewer System (MS4) program. Responsible for the management of the Wastewater contracts with City of Los Angeles relating to the Amalgamated System and the Los Angeles Glendale Water Reclamation Plant. Manage wastewater rate study involving cost of service analysis. Solicit, prepare, and manage professional service agreements. Coordinate with architects, engineers, contractors, and other City staffs on development projects. Review City Council’s staff report submittals.
Review and evaluate employee’s job performance.
City of Glendale, Senior Civil Engineer (2009-2015)
Supervise and manage the Land Development, GIS, and Surveying Groups. Review development plans for construction and code compliance. Determine requirements for subdivisions, grading permits, construction permits and bonds. Coordinate with architects, engineers, contractors, and other City staffs on development projects. Review Council’s staff report submittals.
Response to citizen’s requests and complaints.
Manage the construction of federally funded slope repair project and supervise the analysis and reports on disputed construction costs, procedures, bids, and contract. Oversee preparation and revision of maps, surveys, wastewater records, and the storage and filing of various records and project files.
Develop a handbook that describes the permitting procedures for various permits. Review and evaluate employee’s job performance.
Proposal for On-Call Plan Check Services December 12, 2023 PageA 7
Michelle Staffield, PE, MSE, CPSWQ, QSD
Project Manager/Project Engineer
Michelle Staffield has 17 years of experience in the water quality field, specializing in surface water quality
regulation in local regions including Los Angeles, Orange County, and San Diego. Her experiences include
managing the development and implementation of point
and non-point source programs—including NPDES and
TMDL programs for municipalities—assisting and
training municipal staff in their in-house NPDES
programs, and representing client interests in
interactions with regulators and other stakeholders.
Recent Experience and Project Qualifications
Michelle serves as a Project Manager and technical lead on various stormwater infrastructure projects for municipalities involving planning, review, and implementation. In this role her relevant experiences and tasks include implementing and managing NPDES municipal permit provisions such as watershed management and TMDL compliance, Best Management Practices (BMPs) and Low Impact Development (LID) for planning and land development, construction, and industrial/commercial activities, public information and participation, and general programs management and technical assistance. She is also involved in the development and review of Watershed and Stormwater Management Programs, Water Quality Management Plans (WQMPs), and LID Plans.
Municipal NPDES Permit Management: Some of Michelle’s current client-specific responsibilities include:
x Reviewing LID Plans following the standards of the Los Angeles County area-wide MS4 Permit for the cities of Covina, Diamond Bar, Downey, Hawaiian Gardens, Long Beach, Lynwood, Monterey Park, Norwalk, Pasadena, Rancho Palos Verdes, Santa Fe Springs, Signal Hill, South El Monte, South Gate, West Hollywood, and Whittier.
x Reviewing WQMPs following the standards of the North Orange County area-wide MS4 Permit for the cities of Buena Park, La Habra, Placentia, Seal Beach, Stanton, and Villa Park. (WQMPs are the Orange County-equivalent of Los Angeles County’s LID Plans.) x Serving as point-of-contact with project engineers for the LID Plan and WQMP review process. x Conducting post-construction BMP verification and maintenance inspections for the cities of Covina, Diamond Bar, Downey, Hawaiian Gardens, La Habra, Placentia, Rancho Palos Verdes, Seal Beach, Signal Hill, Stanton, and West Hollywood.
x Assisting in municipal TMDL compliance activities, including the preparation of Trash TMDL studies and compliance reports, and Bacteria TMDL studies and Load Reduction Strategy reports. x Assisting in NPDES program management for the cities of Downey, South Gate and Signal Hill.
Tasks include serving as a point-of-contact with City staff, representing city interests at watershed meetings and other related meetings and hearings, and preparing the Individual Annual Report.
Watershed Management: Through representation of municipal clients’ stakeholder interests, Michelle also participates in the development and implementation of watershed management programs and monitoring programs for the Dominguez Channel, Los Cerritos Channel, Lower Los Angeles River, Lower San Gabriel River, and Peninsula Cities.
Education
M.S., Civil Engineering, Loyola Marymount
B.S., Ecology, Behavior, & Evolution, UCSD
Certifications
CA Professional Civil Engineer (#88904)
CPSWQ, EnviroCert (#1136)
QSD, CASCA (#26529)
Proposal for On-Call Plan Check Services December 12, 2023 PageA 8
Hugo Garcia, CPSWQ, CESSWI, QSD/P
Assistant Project Manager
Hugo Garcia has 12 years of experience with John L. Hunter & Associates, specializing in NPDES and Industrial Waste/FOG Control regulations. His experiences include implementation of Municipal NPDES Programs for Industrial/Commercial Facilities, Development Construction, Municipal Activities, Planning and Land Development, Public Information and Participation, and Illicit Connections & Illicit Discharge Elimination Programs. In addition, Hugo provides TMDL implementation and reporting, and serves as JLHA’s lead GIS Specialist.
Recent Experience and Project Qualifications
Mr. Garcia currently serves as both a Senior Project Analyst and Compliance Specialist whose responsibilities include providing assistance with the implementation of several Watershed Management Programs in Los Angeles and Orange County, as well as conducting stormwater compliance inspections (e.g., La Habra, and South Gate). Specific examples of recent experience and project qualifications include:
x Assisting with the development, implementation, and compliance reporting components of Trash TMDLs for the Cities of Alhambra, Arcadia, Burbank, Downey, Glendale, Inglewood, Long Beach, Lomita, Lynwood, Monterey Park, Paramount, Pasadena, Pico Rivera, Rancho Palos Verdes, Signal Hill, South El Monte, South Gate, South Pasadena, Temple City, and West Hollywood. x Assisting with the development of the Lower Los Angeles River Watershed Management Group Trash Monitoring Reporting Plan (TMRP), Trash Minimum Frequency of Assessment and Collection (MFAC/BMP) Programs for the Cities of Arcadia, Burbank, Downey, Glendale, Long Beach, Pasadena, and Pico Rivera, and Plastic Pellet Management Programs (PMRPs) for the Cities of Arcadia, Burbank, Glendale, Monterey Park, Pasadena, San Gabriel, South El Monte, South Pasadena, and Temple City. x Assisting with Industrial General NPDES Stormwater Permit compliance activities and Stormwater Pollution Prevention Plans (SWPPPs) for municipal facilities located in the Cities of Laguna Beach, La Mirada, San Gabriel, Signal Hill, and West Covina.
x Conducting over 3,000 NPDES compliance inspections at industrial/commercial facilities (e.g., food facilities, automotive repair facilities, and facilities subject to the Industrial General Permit) and construction sites.
x Developing and maintaining GIS databases of 1) potential sites for low impact development (LID) retrofit projects to comply with various Watershed Management Programs, 2) catch basin retrofit locations to comply with Trash TMDLs and the statewide Trash Provisions, and 3) MS4 outfall and nonstormwater discharges locations to comply with Coordinated Integrated Monitoring Programs (CIMPs).
x Reviewing preliminary plumbing plans for new development and tenant improvement projects at Industrial Waste/FOG facilities in the cities of Arcadia, Signal Hill, South El Monte, South Gate, and Stanton.
x Assisting with the review of small site Low Impact Development (LID) plans for conformance with cityspecific LID standards for the Cities of Signal Hill, South Gate, and West Hollywood. x Developing retrofit opportunity inventories for multi-watershed/multi-jurisdictional grants.
Education
B.S., Environmental Science, UCR
Certifications and Training
CPSWQ, EnviroCert (#1183)
CESSWI, EnviroCert (#4769)
QSD/P, CASQA (#27064)
Professional Certificate in GIS
Basic Inspector Academy, Cal EPA
Spanish fluency
Proposal for On-Call Plan Check Services December 12, 2023 PageA 9
Franz Anunciacion
Environmental Compliance Specialist
Franz Anunciacion has seven years of experience with
John L. Hunter & Associates, specializing in NPDES
regulations. His experiences include implementing NPDES municipal permit provisions such as planning and land
development. He is involved in the development and
review of Water Quality Management Plans (WQMPs), Low Impact Development (LID) Plans, and Standard Urban Stormwater Mitigation Plans (SUSMPs). His current responsibilities include providing municipal NPDES plan checking services and conducting BMP verification and maintenance inspections.
Recent Experience and Project Qualifications. Franz’s client-specific responsibilities include the following:
Conducting post-construction BMP verification and maintenance inspections for the following cities:
• Covina • Diamond Bar • Downey • Fullerton
• Hawaiian Gardens • La Habra • Laguna Woods • Monterey Park • Norwalk • Placentia • Rancho Palos Verdes • Seal Beach • Signal Hill • South Gate • Stanton • Villa Park
• West Covina • West Hollywood • Whittier
Reviewing WQMPs following North Orange County MS4 Permit standards for the following cities:
• Fullerton • La Habra • Placentia • Seal Beach
• Stanton • Villa Park
Reviewing LID Plans following Los Angeles County MS4 Permit standards for the following cities (LID Plans are the Los Angeles-equivalent of San Bernardino and Orange County’s WQMP Plans):
• Covina • Diamond Bar • Downey • Hawaiian Gardens
• Lakewood • Long Beach • Lynwood • Monterey Park
• Norwalk • Pasadena • Rancho Palos Verdes • Santa Fe Springs • Signal Hill • South El Monte • South Gate • West Covina • West Hollywood • Whittier
Serving as a point-of-contact with project engineers for the WQMP and LID Plan review process.
Assisting in preparing the Individual Annual Report.
Education
B.S., Environmental Science, UCLA
Minor: Environmental Engineering
Proposal for On-Call Plan Check Services December 12, 2023 PageB 1
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The following section includes the completed form:
x Appendix C – Non-Collusion Affidavit
APPENDIX C
NON‐COLLUSION AFFIDAVIT
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Professional Services Agreement
JOHN. L HUNTER & ASSOCIATES
EXHIBIT B
APPROVED FEE SCHEDULE
(SCHEDULE OF HOURLY LABOR RATES AND REIMBURSABLE)
Proposal for On-Call Plan Check Services December 12, 2023
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Principal $227 / hour
Director $201 / hour
Program Manager $201 / hour
Staff Engineer $201 / hour
Project Manager $191 / hour
Assistant Project Manager $170 / hour
Project Engineer $170 / hour
Senior Compliance Specialist $150 / hour
Compliance Specialist II $140 / hour
Project Analyst II $140 / hour
Compliance Specialist I $129 / hour
Project Analyst I $129 / hour
Administrative Assistant, Laborer $88 / hour
State Certified Laboratory Analysis Cost + 5%
Legal Consultation, Court Appearances/Document review, etc. $299 / hour Subcontracted equipment Cost + 5%
Fee Schedule effective as of April 25, 2023
JLHA does not add charges for overhead items such as administrative copying or mileage in and around the city.
Professional Services Agreement
JOHN. L HUNTER & ASSOCIATES
EXHIBIT C
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subconsultant that is not registered with DIR pursuant to Section 1725.5. Consultant and subconsultants shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subconsultant ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subconsultant.
Professional Services Agreement
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7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform Work with any Subconsultant that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. The Consultant and Subconsultants shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. If the Consultant or any subconsultant becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subconsultant for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the Professional Services Agreement
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provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
12. For every subconsultant who will perform work on the project, Consultant shall be responsible for such subconsultant’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subconsultant a copy of those statutory provisions and a requirement that each subconsultant shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subconsultant’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subconsultant and upon becoming aware of the failure of the subconsultant to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent consultants serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subconsultants, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.
AGREEMENT NO. _______
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF PICO RIVERA AND
TKM ENGINEERING
1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and TKM Engineering, (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”
2. RECITALS
2.1 City has determined that it requires professional services from a consultant to provide on-call plan check services.
2.2 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. 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:
3. DEFINITIONS
3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s December 12, 2023 proposal to City attached hereto as Exhibit “A” and incorporated herein by this reference.
3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s December 12, 2023 proposal to City attached hereto as Exhibit “B.”
3.3 “Commencement Date” : February 13, 2024
3.4 “Expiration Date” : June 30, 2029
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the Parties or terminated in accordance with Section 22 below.
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5. CONSULTANT’S SERVICES
5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of One Hundred Twenty-Five Thousand Dollars ($125,000.00), unless specifically approved in advance, in writing, by City.
5.2 Consultant shall perform all work to the highest professional standards of Consultant’s profession and in a manner reasonably satisfactory to City.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.
6.3 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant’s standard fee schedule. Fees for such additional services shall be paid within sixty (60) days of the date Consultant issues an invoice to City for such services.
7. BUSINESS LICENSE
Consultant shall obtain a City of Pico Rivera business license prior to commencing performance under this Agreement.
8. COMPLIANCE WITH LAWS
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. Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality Professional Services Agreement
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of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
9. CONFLICT OF INTEREST
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 Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date of this Agreement if both: (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing prior to Consultant’s performance of such work.
10. PERSONNEL
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 Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City’s premises.
Thomas Mericle, President/Principal, shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made to Consultant’s project administrator without City’s prior written consent.
11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. If any state, federal, or local law requires mandatory copyright protection for Consultant’s work product, City shall comply with such laws to the extent feasible.
12. INDEPENDENT CONTRACTOR
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12.1 Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City.
12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Consultant or Consultant’s employees except as set forth in this Agreement.
12.3 City shall have no direct or indirect control over Consultant’s employees or sub-consultants with respect to wages, hours, and working conditions. In addition, City shall not deduct from the Compensation paid to Consultant any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to Consultant, Consultant’s employees or subconsultants. City shall have no responsibility to provide Consultant, its employees or subconsultants with workers’ compensation insurance or any other insurance.
12.4 The Parties further acknowledges the following: (i) that Consultant shall provide the services outlined in the Scope of Services directly to City; (ii) Consultant maintains a business location at the address listed under Section 20 that is separate and distinct from the City; (iii) Consultant contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the City; (iv) Consultant advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Agreement, Consultant provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) Consultant has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the City’s business hours, Consultant may set its own hours and location of work.
13. CONFIDENTIALITY
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 prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.
14. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES
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No official or employee of the City shall be personally liable to Consultant in the event of any default or breach by City, or for any amount which may become due to Consultant.
15. INDEMNIFICATION
15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
15.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 15 or related to Consultant’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
15.4 The obligations of Consultant under this Section 15 will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
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15.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees.
15.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with 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.
15.7 PERS ELIGIBILITY INDEMNITY. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under 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 City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subconsultants, 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 subconsultants 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 City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
16. INSURANCE
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16.1 During the term of this Agreement, 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 Consultant’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
16.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Consultant providing insurance for bodily injury liability and property damage liability for the following and including coverage for:
16.1.1.1 Premises, operations, and mobile equipment
16.1.1.2 Products and completed operations
16.1.1.3 Broad form property damage (including completed operations)
16.1.1.4 Explosion, collapse, and underground hazards
16.1.1.5 Personal Injury
16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant’s work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.
16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Consultant, its employees or subconsultants, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
16.1.3 Worker’s Compensation Insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence of claim/ Two Million Dollars ($2,000,000) in the aggregate.
16.2 Consultant shall require each of its subconsultants, if any, to maintain Professional Services Agreement
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insurance coverage that meets all of the requirements of this Agreement.
16.3 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.
16.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
16.5 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).
16.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall provide such proof to City at least two weeks prior to the expiration of the coverages.
16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming 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 City. 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.
16.8 The general liability and automobile policies of insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or selfinsurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.
16.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
Professional Services Agreement
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16.11 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.
16.12 If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
17. MUTUAL COOPERATION
17.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available to City for the proper performance of Consultant’s services under this Agreement.
17.2 In the event any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require.
18. RECORDS AND INSPECTIONS
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. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
19. PERMITS AND APPROVALS
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.
20.NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).
Professional Services Agreement
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If to City: If to Consultant:
Steve Carmona, City Manager
City of Pico Rivera
PO Box 1016
6615 Passons Blvd.
Pico Rivera, California 90660-1016
Thomas Mericle,
President/Principal
TKM Engineering
1244 Poli Street
Ventura, CA 93001
With a courtesy copy to:
Arnold M. Alvarez-Glasman, City Attorney
13181 Crossroads Parkway North
Suite 400 - West Tower
City of Industry, CA 91746
21. SURVIVING COVENANTS
The Parties agree that the covenants contained in Sections 13, 15 and Paragraph
17.2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.
22. TERMINATION
22.1 City shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to City. The effective date of termination shall be upon the date specified in the notice of termination.
Consultant agrees that in the event of such termination, City’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as solely determined by the City, prior to the effective date of termination. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
22.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed, as solely determined by the City, at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
23. ASSIGNMENT
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Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any Party other than Consultant.
24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
24.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subconsultants, employees, and employment applicants are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
24.2 Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant 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.
24.3 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. WARRANTIES
25.1 Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement, or been provided with an opportunity to receive independent legal advice and has freely and voluntarily waived and relinquished the right to do so. Each Party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such Party’s failure to perform under this Agreement.
25.2 In executing this Agreement, each Party has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever.
25.3 It is agreed that each Party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either Party has Professional Services Agreement
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the full right and authority to fully commit and bind such Party to the provisions of this Agreement.
26. CAPTIONS
26.1 The captions appearing at the commencement of the sections hereof, 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 thereof 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.
26.2 Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
27. NON-WAIVER
27.1 The waiver by City or 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. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
27.2 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.
27.3 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
28. COURT COSTS AND ATTORNEY FEES
In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to Professional Services Agreement
TKM ENGINEERING
judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees and expert witness fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be Los Angeles County, California.
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. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
31. COUNTERPARTS
This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile or email transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the Party whose signature appears in the facsimile or email and shall be binding upon such Party in the same manner as though an originally signed copy had been delivered.
32. 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 City and 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 City and Consultant.
Professional Services Agreement
TKM ENGINEERING
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 PICO RIVERA TKM ENGINEERING
______________________________ ___________________________________ Andrew C. Lara, Mayor Thomas Mericle, President/Principal Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney Professional Services Agreement
TKM ENGINEERING
EXHIBIT A
SCOPE OF SERVICES
Proposal
FOR PROFESSIONAL CONSULTING SERVICES
FOR
ON-CALL PLAN CHECKING SERVICES
Submitted to:
The City of Pico Rivera
Public Works Department
6615 Passons Blvd.
Pico Rivera, CA 900670-3658
Submitted by:
TKM Engineering
1244 Poli Street
Ventura, CA 93001
Submittal Due Date
December 12, 2023
!
December 12, 2023
Noe Negrete, PE
Deputy Director Public Works
City of Pico Rivera
6615 Passons Blvd.
Pico Rivera, CA 900670-3658
SUBJECT: Proposal For On-Call Plan Check Services
Dear Mr. Negrete,
TKM Engineering is pleased to present this Proposal to Provide On-Call Plan Checking Services to the City of Pico Rivera. I am specifically proposing to provide these services only for traffic- and transportation-related projects as that is my area of expertise and aligns with work I have previously been involved in with the City. This Proposal includes our company background and experience, identifies staffing, and provides a list of references for your consideration. TKM Engineering specializes in public agency on-call support for traffic and transportation engineering and operations as well as transportation capital project management.
TKM Engineering primarily specializes in traffic signal timing and systems operation, traffic signing, striping, traffic signal plans, and development-related transportation improvements. TKM Engineering does not work with non-public agency clients and is committed to performing work on behalf of public agencies in a timely manner consistent with industry standards and the requirements of the City.
I will serve as the Project Manager and lead engineer for this engagement, and my resume is attached.
I am an authorized representative of TKM Engineering to bind the firm to all commitments made in this Proposal. All information provided in this Proposal is true and correct and is valid for 90 calendar days after the due date listed on the RFP. TKM Engineering acknowledges the two addendums and that we are obligated to follow the requirements of the addendums and this RFP. TKM Engineering’s Federal Tax ID number is 87-1929634.
I appreciate the opportunity to continue to assist the City and provide this Proposal for your consideration. If you have any questions or would like additional information, please contact me via email at [email protected] or phone (805) 701-2977.
Sincerely,
Thomas Mericle
President/Principal
City of Pico Rivera
On-Call Traffic Engineering Services
2 Table of Contents
Section I: Firm Information and Qualification
Profile and Description .................................................................................... 3 Company and Staff Experience ...................................................................... 4 Proposed Staffing ........................................................................................... 6 Proposed Staffing Availability ........................................................................ 6 Work Approach .............................................................................................. 7 Client References ........................................................................................... 9 Section II: Professional Services Fees
Schedule of Hourly Rates ............................................................................. 10
Attachments
Resume ......................................................................................................... 11 City of Pico Rivera
On-Call Traffic Engineering Services
3 SECTION I: FIRM INFORMATION AND QUALIFICATION
TKM Engineering is a small traffic and transportation engineering firm founded in 2021 and based in Ventura, CA. We specialize in providing staff augmentation services to local agencies bringing firsthand knowledge of agency staff perspectives and sensitivity toward community values and political realities. TKM currently serves the following communities in various capacities:
• City of Calabasas
• City of Carpinteria
• City of Pico Rivera
• City of Port Hueneme
• City of Eastvale
• City of Ventura
• City of Ojai
Almost all the experience of the TKM Engineering staff is working on behalf of or directly for public agencies. As such, we are dedicated and committed to serving public clients. All our current work is exclusive to local public agencies with a primary focus on the Southern California region.
TKM Engineering is a small one-person company that does not provide a wide range of transportation engineering services that require a varied level of staffing and resources. For instance, TKM Engineering does not perform PS&E design services or prepare traffic impact studies. This type of work requires staffing resources at various levels to provide a cost-effective solution to public agencies. Instead, we focus on partnering with staff to manage, provide guidance, or review these work efforts to maximize the efficiency of internal agency resources. With many of our clients, we perform project management and design lead functions, while agency staff or other consultants perform the drafting and/or nontraffic engineering design services.
TKM Engineering is a certified California Small Business and is an S-Corporation incorporated in the State of California. Our Federal Tax ID number is 87-1929634
Financial/Legal Condition:
TKM Engineering does not have any pending litigation, contract defaults, current or planned office closures, impending mergers, or bankruptcies.
TKM Engineering has previously contracted with the City of Pico Rivera and has no exceptions to the contract terms or insurance requirements.
City of Pico Rivera
On-Call Traffic Engineering Services
4 Company and Staff Experience:
TKM Engineering was founded in 2021. The Company’s President and Principal Engineer has a long history of experience in performing traffic and transportation engineering work in Southern California, including his work experience with previous consulting firms based in the Southern California area. Here is a list of recent project experience:
City Traffic Engineering Services, City of Calabasas, 2020-Present TKM Engineering currently provides traffic engineering assistance to City staff for traffic engineering, parking, traffic safety, transportation planning, and traffic operations services, including, but not limited to, the following:
• Review and provide comments to staff regarding land development projects • Plan checking transportation related to City capital improvements or land development projects • Peer review traffic engineering reports and project design reports prepared by others • Traffic signal system hardware support and timing
• Traffic safety evaluations
• Citizen request evaluations and recommendations
• Attend Traffic and Transportation Commission, Planning Commission, and City Council Meetings as needed
City Traffic Engineering Services, City of Carpinteria, 2019-Present TKM Engineering currently provides traffic engineering assistance to City staff for traffic engineering, parking, traffic safety, transportation planning, and traffic operations services, including, but not limited to, the following:
• Peer review traffic reports and project design plans prepared by others • Review and provide comments to staff regarding land development projects • Traffic signal timing
• Traffic safety evaluations
• Citizen request evaluations and recommendations
• Attend Traffic and Transportation Commission, Planning Commission, and City Council Meetings as needed
Land Development Transportation Planning Impact Review, City of Ventura, CA 2021-Present To assist the City of Ventura with a staff-workload imbalance, Mr. Mericle, as a part-time City employee, is reviewing current planning projects and providing comments and conditions. The assignment includes several interdisciplinary staff meetings and a review of traffic operations and VMT impact studies. This work effort started prior to his work at TKM Engineering and is ongoing.
Traffic and Transportation Engineering Services, City of Eastvale, CA 2019-Present TKM Engineering is performing various traffic and transportation engineering services for the City of Eastvale, including reviewing capital project and land development project plans. This work effort started prior to his work at TKM Engineering and is ongoing.
City of Pico Rivera
On-Call Traffic Engineering Services
5 Traffic Signal ITS Master Plan, City of Pico Rivera, CA 2022-Present Mr. Mericle is currently working with the City to provide peer review and manage the preparation of an ITS Master Plan that will direct how the City’s traffic signal system can be modernized. The system upgrades will include new traffic signal controllers, wireless and/or fiber communications, controller, and system software upgrades. This project includes coordination with the County of Los Angeles, LA METRO, and other adjacent agencies. The project is expected to be completed in Winter 2024.
Local Roadway Safety Plan, City of Pico Rivera, CA 2022-2023 Mr. Mericle has been working with the City of Pico Rivera staff, managing a consultant team in the preparation of a Local Roadway Safety Plan. The consultant work effort includes analysis of collision history, public outreach, field evaluations, and HSIP grant writing. In addition to providing project management and technical oversight, TKM Engineering work also included the preparation of an HSIP grant to improve school zone safety and updating traffic signal timing to meet State MUTCD requirements.
Traffic Signal System Upgrades, City of Calabasas, CA 2021-Present Mr. Mericle is working with McCain (traffic signal system hardware and software supplier) and Siemens (traffic signal maintenance contractor) to upgrade the City’s traffic signal system and Traffic Management Center. His work include preparing plans and specifications The system upgrades include new traffic signal controllers, wireless and fiber communications, controller and system software upgrades, and TMC enhancements. The project is expected to be completed in Fall 2023.
Active Transportation Plan Project Management, City of Ventura, CA 2020-2023 Mr. Mericle recently managed a staff and consultant project team in the preparation of a citywide Active Transportation Plan. This project was started with his previous employer, and the City hired Mr. Mericle to continue the work when he moved to TKM Engineering. The project was coordinated with a City General Plan update.
Downtown “T” Pilot Parklet Permit Program, City of Carpinteria, 2021-Present Working with the City Public Works Director and the City’s Downtown Parking Plan consultant, Mr.
Mericle prepared a new program to allow Parklets in the Downtown area. During the Covid-19 pandemic, several businesses were able to install temporary outside dining areas. This program will provide a process for businesses to install permanent outside dining areas in the public right-of-way and on-street parking areas. The program has been approved by the City Council, and TKM Engineering is assisting in its implementation through a review of plans and specifications for the individual parklets.
Neighborhood Traffic Safety Evaluations, City of Port Hueneme, CA 2019-Present As a part of Mr. Mericle’s ongoing traffic engineering support for the City of Port Hueneme, he has reviewed several locations where the City had received concerns from residents about traffic safety.
Many of these reviews and recommendations have resulted in the placement of speed cushions, multiway stop signs, temporary curb extensions, and roadway restriping.
City of Pico Rivera
On-Call Traffic Engineering Services
6 Proposed Staffing:
Services proposed in this Proposal will be performed by Thomas Mericle, PE, TE, President/Principal of TKM Engineering. Mr. Mericle holds Civil Engineering licenses in California and Colorado and a Traffic Engineering license in California. He has over 35 years of experience in traffic engineering, traffic operations, transportation planning, design, and parking management. Tom brings a solid history of successful municipal agency management having previously served as the City Traffic Engineer/City Transportation Manager for the City of Ventura for 18 years. In this role managed the Transportation Division, which included transportation planning, traffic engineering, traffic operations and maintenance, parking management and pavement and sidewalk maintenance.
His 18 years of experience as the City Transportation Manager for the City of Ventura brings a high level of expertise in developing and managing a team of transportation staff that ranges from planning, operations, engineering, and maintaining programs and infrastructure. It also brings a first-hand knowledge of agency staff perspectives and sensitivity toward community values and political realities.
He currently provides traffic and transportation engineering development review and plan checking services to several of his existing client agencies such as the City of Calabasas, City of Carpinteria, and City of Eastvale. Mr. Mericle also currently works as a part-time employee of the City of Ventura performing transportation planning and related plan checking services.
Mr. Mericle’s experience in previous roles over his many years of experience have served dozens of other local public agencies as well as the National Park Service and the University of British Columbia.
Tom has served as an extension class instructor for the University of California, Berkeley Tech Transfer for the last 21 years. He currently group-teaches the UC Berkeley California Traffic Engineer License Exam preparation class. In addition, as a part of a UC Berkeley SafeTREC team, Mr. Mericle will be performing Tribal Transportation Safety Assessment (TTSA) and Complete Streets Safety Assessment beginning in January 2023.
In 2022, Mr. Mericle was the recipient of the Institute of Transportation Engineers (ITE) Western District Individual Achievement Award for his work with both the Central Coast Section and the Western District.
His resume is attached.
Proposed Staffing Availability:
Depending on the specific tasks assigned, Mr. Mericle’s workload is currently flexible, and he can provide requested work assignments as needed by the City.
City of Pico Rivera
On-Call Traffic Engineering Services
7 Work Approach:
TKM Engineering is specifically proposing to provide plan-checking services only for trafficand transportation-related projects as that is our area of expertise and is like services provided to other public agency clients. These specific areas are:
• Review of proposed land development projects including providing comments and conditions related to the project and applicable technical reports and plans. • Review of construction plans related to land development project such as:
o Traffic Signalization and Flashing Beacons
o Traffic Control
o Signing and Striping
• Review of VMT Mitigation Programs
• Mitigation Monitoring
As requested in the Scope of Services provided in the RFP, TKM Engineering can perform the following tasks:
A. Assist staff with development of Traffic and Transportation related Conditions of Approval for new or redevelopment projects.
B. Review, including, but not limited to, the following plans:
1. Street Improvement Plans including street widening, rehabilitation, and new street plans for items related to traffic signalization and ITS elements, traffic signage, and striping.
2. Traffic and Parking studies.
3. Engineer’s Cost Estimate for the related items of work for bonding and fee purposes.
C. Assist the City in reviewing plans for compliance with City ordinances, including developmentrelated operational and environmental impacts related to traffic and transportation. The plan review will include:
1. Review for design conformance will include use of the following:
i. Approved Tentative Map
ii. Conditions of Approval
iii. General Plan
iv. Related Specific Plans
v. City Ordinances
vi. City Standards
vii. State Standards (CA MUTCD)
City of Pico Rivera
On-Call Traffic Engineering Services
8 viii.Americans with Disabilities Act (ADA) Standards
2. Review general design assumptions, criteria, and calculations related to traffic and transportation aspects of the project.
3. Recommend the redesign of any portion of plans that:
i. Will not function due to poor engineering practice
ii. Does not meet the industry standard of care, City standards, or appropriate State standards iii. Is not consistent with the Approved Tentative Map or Conditions of Approval. iv. Will be potentially unsafe to the public
v. Is impractical to construct, operate, or maintain
D. Conduct field inspections during and/or following construction of traffic and transportation-related improvements, such as placement of signal poles, signs, striping, and final walk-through to ensure compliance with all requirements.
E. TKM Engineering will work with City staff to learn the City development plan check process, acquire standard files and boilerplate documents, acquire an understanding of key issues needed during the plan check process, and establish ongoing operating procedures with City staff.
F. Report to City Hall when necessary to pick up project documents for review or receive electronic documents and meet with city staff, as needed, to be briefed on project particulars.
G. Work with other consultants in coordinating the plans and the technical reports.
H. Conduct field reviews of projects with City staff, as needed, to address unique aspects of the proposed project as they pertain to traffic and transportation.
I. Attend scheduled development review meetings as needed. Brief City staff on findings and coordinate additional relevant details.
J. Complete the plan review within ten working days of the initial submittal for the plan check and within five working days of re-submittal for subsequent plan checks.
K. TKM Engineering is able to use Office 365/OneDrive/SharePoint to transmit large files and manage project paperwork as well as communications. Mr. Mericle currently uses SharePoint for all development review and plan review for the City of Ventura.
City of Pico Rivera
On-Call Traffic Engineering Services
9 Client References:
The three (3) references listed below are current TKM Engineering clients. Services provided to these clients include those similar to the proposed scope of work for this RFP and as listed above.
City of Calabasas
Tatiana Holden, PE
Deputy Public Works Director
100 Civic Center Way
Calabasas, CA 91302
[email protected]
(818) 224-1600
City of Ventura
Jeff Hereford, PE, TE
Principal Transportation Engineer
501 Poli Street
Ventura, CA 93001
[email protected]
(805) 654-7744
City of Carpinteria
John Ilasin, PE
Public Works Director/City Engineer
5775 Carpinteria Avenue
Carpinteria, CA 93013
[email protected]
(805) 880-3402
City of Pico Rivera
On-Call Traffic Engineering Services
10 SECTION II: Professional Services Fees
Schedule of Hourly Rates:
TKM Engineering will provide services as directed in the contracted scope of work on a time and material basis shown on the following fee schedule.
Classification Hourly Billing Rate
Principal/Principal Engineer $195
Expenses such as outside printing costs, costs associated with hosting meetings, and other direct costs as allowed in the contract or as approved by the City will be billed as direct expenses with no administrative modifier.
This rate is for calendar year 2024 and may be reviewed and revised on an annual basis as contractual requirements allow. This rate includes normal business-related materials, insurance, mileage, profit, and administrative overhead costs.
City of Pico Rivera
On-Call Traffic Engineering Services
11 SECTION III: Attachments
Mr. Mericle’s resume is attached on the following pages.
Mr. Mericle has 35 years of experience in traffic engineering, traffic operations, transportation planning, design, and parking management.
He is a registered Civil Engineer and Traffic Engineer in California. In addition to his 11 years in consulting, Tom served as the City Transportation Manager for the City of Ventura for 18 years and as an Associate Engineer for 5 years. Tom’s responsibilities included leading a division of up to 26 staff members responsible for traffic engineering, transportation planning, traffic operations, signal maintenance, parking management, pavement and sidewalk maintenance, and transit system oversight. In addition to his city staff work for the City of Ventura, his public agency work for TKM Engineering and prior employers has been to provide traffic engineering staff augmentation services for various agencies, including the Cities of Calabasas, Carpinteria, Eastvale, Ojai, Oxnard, Port Hueneme, Westlake Village, Pico Rivera, Santa Paula, Fillmore, and Ventura.
Tom has been an extension class instructor for the University of California, Berkeley Institute of Transportation Studies since 1999. He currently group-teaches their California Traffic Engineer License Exam preparation class and conducts Complete Streets Safety Assessments and Tribal Transportation Safety Assessments through UC Berkeley’s SafeTREC program.
SELECTED PROJECT EXPERIENCE
City Traffic Engineering Support Services, Various Agencies, 2019- Current. Serving in various capacities under independent contract to provide traffic engineering support services to local agencies. Currently serving the cities of Calabasas, Carpinteria, Port Hueneme, Ojai, and Eastvale.
Downtown “T” Encroachment Permit Program Update,
Carpinteria, CA 2021-present. Currently working with City staff on updating the Downtown “T” Encroachment Permit Program to allow Parklets. The program update includes preparing new guidelines for parklets and outside dining areas.
Systemic Safety Analysis Reports and Local Roadway Safety Plans, Various agencies, 2018-2023. Managed consultant-supported projects and provided agency peer review to prepare SSARs and LRSPs for various agencies, including Eastvale, Carpinteria, Calabasas, and Pico Rivera.
Years of Experience: 30+
Education
MPA, California State University
at Northridge
B.S., Civil Engineering,
California State Polytechnic
University, Pomona
Registrations/Certifications
CA Professional Civil Engineer |
54385
CA Professional Traffic Engineer
| 2122
Professional Affiliations
Institute of Transportation
Engineers (ITE), Central Coast
Section President, 1999 and
2019
ITE, Western District, Legislative
Committee Chair, 2013-2019
ITE, Western District Annual
Meetings:
- Monterey 2019, Technical
Chair
- Santa Barbara 2012,
General Committee Chair
ITE Member (Fellow)
American Society of Civil
Engineers, Member
Awards (individual and shared)
2022 ITE Western District
Individual Achievement Award
2019 APWA Project of the Year,
California Street Bridge
2003 Caltrans Excellence in
Transportation, Ventura Bus
Transfer Center
2002 APWA Project of the Year,
Ventura Bus Transfer Center
2000 ITE Coordinating Council
Award, Automated Enforcement
in Transportation
1999 ITE Outstanding Traffic
Engineering Council Project,
Automated Enforcement in
Transportation
1997 Caltrans Excellence in
Transportation, City of Ventura
Traffic Safety Program
City of Ojai Active Transportation Project, Ojai, CA 2019-2020. Mr. Mericle led the design of the signing and striping portion of the project as a sub-consultant to Alta Planning and Design for a $5M project to add bike facilities along Maricopa Highway and Ojai Avenue in the City of Ojai. The project is along two State of California highways and includes Class IV and Class II bike facilities as well as many enhanced pedestrian and bicycle crossings and school access enhancements. City of Calabasas SB 743 Implementation, General Plan Update, and Traffic Impact Fee Program Update, Calabasas, CA 2019-Present. Managed a consultant-supported project to develop VMT CEQA impact analysis screening criteria and thresholds. The project includes the preparation of new Traffic Impact Study Guidelines. Also included in the project was an update to the Circulation Element of the General Plan and an update to the traffic mitigation fee program.
Carpinteria High School Crossing Evaluation and Pedestrian Hybrid Beacon Conceptual Design, Carpinteria, CA 2020-2021. Conducted an evaluation of a marked school crossing serving Carpinteria High School. The multi-use trail crosses a state highway in front of the school and is used by students and community members to access the school and hiking trail. The project included coordination with the City and School District as well as Caltrans.
City of Eastvale SB 743 Implementation, Eastvale, CA, 2019-2020. Managed a consultantsupported project to develop VMT CEQA impact analysis screening criteria and thresholds. The project includes the preparation of new Traffic Impact Study Guidelines. The screening criteria and thresholds were approved by the Planning Commission and City Council in June 2020. The new TIS Guidelines include (at City Council Direction) removing Level of Service criteria while keeping site-related operational and safety analyses for the discretionary approval process.
Schleisman Road / I-15 Interchange, Eastvale, CA, 2019. The City of Eastvale approved the removal of an interchange from its General Plan. Leading up to that decision, Tom prepared a technical white paper outlining the background of the interchange concept being initially included in the General Plan as well as the pros and cons related to regional and local transportation networks, funding, safety, economic development, land use, environmental, and design to inform the policy makers. ADA Access Improvements, City of Palm Desert, 2019. This project involved the design of an ADA improvement design to provide access to a private property from the on-street parking area. It included the design of ADA accessible parking spaces on-street as well as accessible ramps to the site. City of Los Angeles Bureau of Engineering Strategic Plan, Los Angeles, CA, 2018. Tom led a team that worked closely with City staff to develop a new strategic plan for the City of Los Angeles Bureau of Engineering. The project included several interviews with strategic partners across the City as well as an internal working group of more than 50 staff to identify new mission statement, goals, strategies, actions, and performance measures to guide the agency forward to be a leading in the region. Covina Town Center Specific Plan, Covina, CA, 2018. Led transportation team on preparation of new transportation circulation and parking vision for the City of Covina Town Center including the preparation of traffic impact study for the Specific Plan.
SELECTED PUBLICATIONS
Routledge Publishing (2018). Parking and The City – Chapter about the City of Ventura’s Downtown Parking Program. Edited by Don Shoup
National Association of City Transportation Officials (2017). Urban Street Stormwater Guide – Project Steering Committee
Professional Services Agreement
TKM ENGINEERING
EXHIBIT B
APPROVED FEE SCHEDULE
(SCHEDULE OF HOURLY LABOR RATES AND REIMBURSABLE)
City of Pico Rivera
On-Call Traffic Engineering Services
10 SECTION II: Professional Services Fees
Schedule of Hourly Rates:
TKM Engineering will provide services as directed in the contracted scope of work on a time and material basis shown on the following fee schedule.
Classification Hourly Billing Rate
Principal/Principal Engineer $195
Expenses such as outside printing costs, costs associated with hosting meetings, and other direct costs as allowed in the contract or as approved by the City will be billed as direct expenses with no administrative modifier.
This rate is for calendar year 2024 and may be reviewed and revised on an annual basis as contractual requirements allow. This rate includes normal business-related materials, insurance, mileage, profit, and administrative overhead costs.
Professional Services Agreement
TKM ENGINEERING
EXHIBIT C
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subconsultant that is not registered with DIR pursuant to Section 1725.5. Consultant and subconsultants shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subconsultant ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subconsultant.
Professional Services Agreement
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7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
8. Consultant shall comply with and be bound by the provisions of Labor Code seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform Work with any Subconsultant that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. The Consultant and Subconsultants shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of consultants from public works. If the Consultant or any subconsultant becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subconsultant for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the Professional Services Agreement
TKM ENGINEERING
provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
12. For every subconsultant who will perform work on the project, Consultant shall be responsible for such subconsultant’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subconsultant a copy of those statutory provisions and a requirement that each subconsultant shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subconsultant’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subconsultant and upon becoming aware of the failure of the subconsultant to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent consultants serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subconsultants, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.
AGREEMENT NO. _______
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF PICO RIVERA AND
TKE ENGINEERING, INC.
1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and TKE Engineering, Inc. (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”
2. RECITALS
2.1 City has determined that it requires professional services from a consultant to provide on-call plan check services.
2.2 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. 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:
3. DEFINITIONS
3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s December 12, 2023 proposal to City attached hereto as Exhibit “A” and incorporated herein by this reference.
3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Consultant’s December 12, 2023 proposal to City attached hereto as Exhibit “B.”
3.3 “Commencement Date” : February 13, 2024
3.4 “Expiration Date” : June 30, 2029
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the Parties or terminated in accordance with Section 22 below.
Enclosure 4
12d
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5. CONSULTANT’S SERVICES
5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of One Hundred Twenty-Five Thousand Dollars ($125,000.00), unless specifically approved in advance, in writing, by City.
5.2 Consultant shall perform all work to the highest professional standards of Consultant’s profession and in a manner reasonably satisfactory to City.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.
6.3 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant’s standard fee schedule. Fees for such additional services shall be paid within sixty (60) days of the date Consultant issues an invoice to City for such services.
7. BUSINESS LICENSE
Consultant shall obtain a City of Pico Rivera business license prior to commencing performance under this Agreement.
8. COMPLIANCE WITH LAWS
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. Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality Professional Services Agreement
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of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
9. CONFLICT OF INTEREST
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 Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date of this Agreement if both: (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing prior to Consultant’s performance of such work.
10. PERSONNEL
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 Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City’s premises. Terry Renner, Senior Vice President, shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement.
No change shall be made to Consultant’s project administrator without City’s prior written consent.
11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. If any state, federal, or local law requires mandatory copyright protection for Consultant’s work product, City shall comply with such laws to the extent feasible.
12. INDEPENDENT CONTRACTOR
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12.1 Consultant is, and shall at all times remain as to City, a wholly independent Contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City.
12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Consultant or Consultant’s employees except as set forth in this Agreement.
12.3 City shall have no direct or indirect control over Consultant’s employees or sub-consultants with respect to wages, hours, and working conditions. In addition, City shall not deduct from the Compensation paid to Consultant any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to Consultant, Consultant’s employees or subconsultants. City shall have no responsibility to provide Consultant, its employees or subconsultants with workers’ compensation insurance or any other insurance.
12.4 The Parties further acknowledges the following: (i) that Consultant shall provide the services outlined in the Scope of Services directly to City; (ii) Consultant maintains a business location at the address listed under Section 20 that is separate and distinct from the City; (iii) Consultant contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the City; (iv) Consultant advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Agreement, Consultant provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) Consultant has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the City’s business hours, Consultant may set its own hours and location of work.
13. CONFIDENTIALITY
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 prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.
14. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES
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No official or employee of the City shall be personally liable to Consultant in the event of any default or breach by City, or for any amount which may become due to Consultant.
15. INDEMNIFICATION
15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
15.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 15 or related to Consultant’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
15.4 The obligations of Consultant under this Section 15 will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
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15.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees.
15.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with 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.
15.7 PERS ELIGIBILITY INDEMNITY. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under 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 City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subconsultants, 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 subconsultants 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 City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
16. INSURANCE
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16.1 During the term of this Agreement, 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 Consultant’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
16.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Consultant providing insurance for bodily injury liability and property damage liability for the following and including coverage for:
16.1.1.1 Premises, operations, and mobile equipment
16.1.1.2 Products and completed operations
16.1.1.3 Broad form property damage (including completed operations)
16.1.1.4 Explosion, collapse, and underground hazards
16.1.1.5 Personal Injury
16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant’s work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.
16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Consultant, its employees or subconsultants, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
16.1.3 Worker’s Compensation Insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence of claim/ Two Million Dollars ($2,000,000) in the aggregate.
16.2 Consultant shall require each of its subconsultants, if any, to maintain Professional Services Agreement
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insurance coverage that meets all of the requirements of this Agreement.
16.3 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.
16.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
16.5 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).
16.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall provide such proof to City at least two weeks prior to the expiration of the coverages.
16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming 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 City. 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.
16.8 The general liability and automobile policies of insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or selfinsurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.
16.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
Professional Services Agreement
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16.11 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.
16.12 If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
17. MUTUAL COOPERATION
17.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available to City for the proper performance of Consultant’s services under this Agreement.
17.2 In the event any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require.
18. RECORDS AND INSPECTIONS
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. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
19. PERMITS AND APPROVALS
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.
20.NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).
Professional Services Agreement
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If to City: If to Consultant:
Steve Carmona, City Manager
City of Pico Rivera
PO Box 1016
6615 Passons Blvd.
Pico Rivera, California 90660-1016
Terry Renner, Senior Vice
President
TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
With a courtesy copy to:
Arnold M. Alvarez-Glasman, City Attorney
13181 Crossroads Parkway North
Suite 400 - West Tower
City of Industry, CA 91746
21. SURVIVING COVENANTS
The Parties agree that the covenants contained in Sections 13, 15 and Paragraph
17.2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.
22. TERMINATION
22.1 City shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to City. The effective date of termination shall be upon the date specified in the notice of termination.
Consultant agrees that in the event of such termination, City’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as solely determined by the City, prior to the effective date of termination. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
22.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed, as solely determined by the City, at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
23. ASSIGNMENT
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Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any Party other than Consultant.
24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
24.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subconsultants, employees, and employment applicants are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
24.2 Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant 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.
24.3 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. WARRANTIES
25.1 Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement, or been provided with an opportunity to receive independent legal advice and has freely and voluntarily waived and relinquished the right to do so. Each Party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such Party’s failure to perform under this Agreement.
25.2 In executing this Agreement, each Party has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever.
25.3 It is agreed that each Party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either Party has Professional Services Agreement
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the full right and authority to fully commit and bind such Party to the provisions of this Agreement.
26. CAPTIONS
26.1 The captions appearing at the commencement of the sections hereof, 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 thereof 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.
26.2 Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
27. NON-WAIVER
27.1 The waiver by City or 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. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
27.2 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.
27.3 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
28. COURT COSTS AND ATTORNEY FEES
In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to Professional Services Agreement
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judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees and expert witness fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be Los Angeles County, California.
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. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
31. COUNTERPARTS
This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile or email transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the Party whose signature appears in the facsimile or email and shall be binding upon such Party in the same manner as though an originally signed copy had been delivered.
32. 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 City and 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 City and Consultant.
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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 PICO RIVERA TKE ENGINEERING, INC.
______________________________ ___________________________________ Andrew C. Lara, Mayor Terry Renner, Senior Vice President Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney Professional Services Agreement
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EXHIBIT A
SCOPE OF SERVICES
SECTION C | TECHNICAL PROPOSAL
Prepared for:
City of Pico Rivera
6615 Passons Blvd.
Pico Rivera, CA 90660
Contact: Noe Negrete P.E.
Director of Public Works
Phone: (562) 801-4389
Prepared by:
TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
Contact: Terry Renner, P.E., L.S., Q.S.D.
Senior Vice President
Phone: (951) 680-0440
E-mail: [email protected]
TABLE OF CONTENTS
Section A | Letter of Offer
Section B | Qualifications of the Firm
Section C | Proposed Staffing
Section D | Consultants and/or Sub-consultants
Section E | Work Approach
Section F | Client References
Section G | Rights to Materials
Section H | Schedule of Hourly Rates
Appendices
Appendix A | Non-Collusion Affidavit
Page |1
On-Call Plan Checking Services
City of Pico Rivera
SECTION A | LETTER OF OFFER
December 12, 2023
Noe Negrete, P.E.
Director of Public Works
CITY OF Pico Rivera
6615 Passons Blvd.
Pico Rivera, CA 90670-3658
Subject: Request for Proposal for On-Call Plan Check Services Dear Mr. Negrete:
Thank you for the opportunity to present TKE Engineering, Inc. (TKE)’s proposal to provide professional General Plan Check Services and Other Related Engineering Services to the City of Pico Rivera (City). We have previously provided the City with plan and map checking services and are highly qualified to perform the services necessary. TKE is enthusiastic about the opportunity to assist the City with these services.
Why should the City choose TKE to provide the requested services? Please consider the following:
1. Key Contact - Terry Renner, P.E., L.S., Q.S.D., Project Manager, is an authorized signatory of the firm and will be TKE’s contact person for the duration of the proposal evaluation and contract. He can be reached by telephone at (951) 680-0440 and e-mail at [email protected].
2. Firm Identification - TKE, a California Corporation, is a full service, multi-disciplinary consulting corporation located at 2305 Chicago Avenue, Riverside, California 92507 and can be found online at www.tkeengineering.com and our Federal Tax ID Number is 33-0918894. We have 23 years of experience with providing plan and map checking, as well as, on-call engineering services to public agencies and are highly qualified to perform the services necessary for project delivery.
3. Firm Description - TKE was established with the goal of providing turnkey services for municipal land development and public works projects in order to benefit our community. As a result of the focus of the firm on this mission, TKE has earned a reputation for thoroughness, rapid turnaround, cost efficiency and overall quality of services. We are a highly motivated, dynamic firm with the goal of being the City’s preferred consultant. As a firm dedicated to public service, TKE’s experience is exclusively related to review of development projects and publicly funded public works projects and we thoroughly understand all related requirements to protect the City’s interests and avoids any conflicts of interest.
4. Professional Experience and Qualifications - TKE has been providing professional plan check services to numerous municipalities for the past 23 years including the City of Pico Rivera. As such, we have a thorough knowledge of the City’s standards and requirements.
5. Project Staff - Mr. Renner will be overseeing and managing the work of our key personnel, each of whom have extensive experience providing plan check and related engineering services. Brian Wolfe, P.E., Steve Nix, P.E., P.L.S., and Monae Pugh are TKE’s proposed Senior Plan Check Engineers, Justin Schlaefli, P.E., T.E., P.T.O.E., is a Traffic Engineer/Senior Plan Checker, and Ron Musser, P.L.S. will be Director of Survey in charge of map checking. Together, we will accomplish successful plan and map check and related engineering project delivery on schedule and within budget.
Page |2
On-Call Plan Checking Services
City of Pico Rivera
SECTION A | LETTER OF OFFER
6. Proposed Sub-Consultants - TKE will not be using sub-consultants for this on-call contract.
7. Cost Control and Scheduling - TKE is committed to providing high quality, efficient services to meet all of the City’s needs. Prior to beginning any services, TKE will meet with City staff and discuss on-call engineering services required. TKE personnel will be allocated on an as-needed basis in order to ensure that the work will be completed on schedule.
TKE is able to maintain competitive rates while being able to maintain depth and quality of service needed by all of our clients. TKE will monitor the budget weekly to ensure the project remains within the budget goals of the City.
8. Statement & Proposal Validity - TKE’s proposal shall remain valid for a period no less than 90 days from the date of submittal. All information submitted within this proposal are true and correct.
9. Acknowledgement of Addendum - TKE acknowledges that no addendum has been posted regarding this on-call.
10. Exceptions -TKE has no exceptions to the terms of the RFP and Professional Services Agreement. We are committed to accepting the terms and conditions within the RFP and Professional Services Agreement.
Thank you for your consideration. TKE would very much appreciate the opportunity to provide engineering services. If you have any questions, please call me at (951) 680-0440.
Sincerely,
Terry Renner, P.E., L.S., Q.S.D.
Senior Vice President
TKE ENGINEERING, INC.
Page | 3
On-Call Plan Checking Services
City of Pico Rivera
SECTION B | QUALIFICATIONS OF THE FIRM
SECTION B | QUALIFICATIONS OF
THE FIRM
1. FIRM PROFILE
TKE Engineering, Inc. (TKE), a California Corporation,
was established in June 2000, and in the last 23 years
has developed into one of Southern California’s
premier full-service consulting engineering firms.
TKE was established with the goal of providing
turnkey services for municipal agencies in order to
benefit our community. As a result of the focus of a
firm on this mission, TKE has earned a reputation for
thoroughness, rapid turnaround, cost efficiency and,
overall quality of work. We are a highly motivated,
dynamic firm with the goal of being your preferred
consultant.
TKE provides turnkey plan/map checking services for
developer and capital improvement projects to
numerous municipalities. The municipal services
provided by our firm include Plan and Map Checking,
Traffic Engineering, Surveying, Inspection, and
Project Management services. Our wide range of
services provides our team with an intimate
knowledge and experience of the common pitfalls
for each project variation and our plan checkers
ensure developer projects do not fall into the same
situations.
TKE’s primary office is located in a business owned
7,000 square foot office building at 2305 Chicago
Avenue in Riverside. TKE currently maintains a staff
of 51 plan and map checkers, project managers,
engineers, traffic engineers, surveyors, drafters, and
clerical personnel.
TKE Engineering, Inc. continues to be the preferred
consultant for a number of our clients across Los
Angeles, Orange, Riverside and San Bernardino
counties because our Team of licensed experts have
built strong working relationships through strategic
collaboration, implementation of industry best
practices and lessons learned on each project;
ultimately resulting in successful project completion
to our clients’ satisfaction. Our Team has the
TKE Engineering, Inc. | AT A GLANCE
On-Call Contracts
TKE currently provides Plan Checking, Map
Checking, Traffic Engineering, Engineering,
Project Support, and Survey services for more
than 30 Cities / Counties / Districts throughout
Southern California
City/District Surveyor
City/District Surveyor in 9 Cities/Districts.
Traffic Engineering
Traffic Engineer in 6 Cities/Districts.
City/District Engineer
City Engineer in 5 Cities/Districts
Size of Organization
51 Professional Engineers, Plan Checkers, Traffic
Engineers, Surveyors, Inspectors, Designers,
Project Managers, and Support Staff
Headquarters Office
TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
Years in Business
TKE has conducted business for the past 23 years
and has 23 years of experience in providing plan
checking services for public clients.
Company Structure
TKE is a California Corporation founded in June
2000. TKE has no affiliates or subsidiary
companies. California Business License Number:
00109901. TKE DIR No. 1000413173
Firm Owners
Michael P. Thornton, P.E., P.L.S., M.S. – President
Terry Renner, P.E., L.S., Q.S.D. –
Senior Vice President
Steven W. Ledbetter, P.E. Vice President
City of Pico Rivera
Point of Contact
Terry Renner, P.E., L.S., Q.S.D.
Senior Vice President
2305 Chicago Avenue
Riverside, CA 92507
Phone: (951) 680-0440
Email: [email protected]
Page | 4
On-Call Plan Checking Services
City of Pico Rivera
SECTION B | QUALIFICATIONS OF THE FIRM
capabilities and capacities to support the City of Pico Rivera in addressing its Strategic Issues by achieving
the following:
ǻ Support and uphold a Positive City Image
through submission of consistently thorough
and
compliant plan checks
ǻ Demonstrating Exemplary Leadership by
holding ourselves accountable to delivering
quality services
ǻ Offering Public Service Excellence through
further development of a strong working
partnership with the City so we may best
understand how to provide necessary
services that are of high priority
2. FIRM’S FINANCIAL
CONDITION
TKE’s organizational structure has steadily grown
since our inception, which provides us with a solid
foundation and ensures successful completion of any
City project. In TKE’s 23 years of business, not a
single TKE project has gone through litigation. TKE
does not have any current or pending bankruptcy,
litigation, and outstanding claims in excess of
twenty-five thousand dollars for or against the firm.
TKE does not have any planned office closures or
mergers that may impede TKE’s ability to provide oncall engineering and professional consulting services.
TKE has an annual gross revenue of more than $10
million. No conditions or organizational conflicts of
interest exists that will affect the ability of TKE to
perform the required duties as described in this
proposal.
3. RECENT PROJECT
EXPERIENCE
TKE’s licensed professional engineers have extensive
experience providing general plan checking services
for land development projects in accordance with
standards, laws, policies and planning documents
and master plans applicable to various public works
Client requirements. Cities for which we have
provided the aforementioned services include, yet
are not limited to: Pico Rivera, Azusa, El Monte,
Calimesa, Highland, Hesperia, Colton, and Wildomar.
Project examples representing the quality work
delivered for these clients are depicted on the
following pages.
භභභ
Over TKE’s 23 years of business, y
ZERO
of TKE’s projects have gone through litigation.
භභභ
Page | 5
On-Call Plan Checking Services
City of Pico Rivera
SECTION B | QUALIFICATIONS OF THE FIRM
O N -C ALL P LAN C HECKING E XPERIENCE
PICO RIVERA ON-CALL PLAN CHECKING SERVICES City of Pico Rivera Client Contact: Gene Edwards | Deputy Director of
Public Works
Phone Number: (562) 801-4225
Email: [email protected]
Project Cost: N/A
Completion Date: 2015-2019
DESCRIPTION
TKE provided on-call plan and map checking services to the City of Pico Rivera. TKE provided plan checking services for several small and large tract developments, single family residential units and commercial retail centers within the City.
SERVICES
Services included development project screen checks, response to development community inquiries, accept submittals on behalf of agencies, determine project impacts, develop conditions of approval, present projects to planning commissions, prepare council agenda reports, perform plan and map checking for grading, street, storm drain, hydrology, hydraulics, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans as well as many other municipal development related services.
KEY STAFF
Michael P. Thornton, P.E., L.S., Terry Renner, P.E., L.S., Q.S.D., Ron Musser, L.S., Justin Schlaefli, P.E., T.E., P.T.O.E., Steve Nix, P.E., L.S., Monae Pugh, Brian Wolfe, P.E.
HIGHLAND ON-CALL PLAN CHECKING SERVICES
City of Highland, CA
Client Contact: Carlos Zamano | Director of
Public Works/City Engineer
Phone Number: (909) 864-6861
Email: [email protected]
Project Cost: N/A
Completion Date: 2013 - Present
DESCRIPTION
TKE provides on-call plan and map checking, civil engineering and inspection services to the City of Highland for Capital Improvement project coordination, planning and implementation. TKE is assisting the City Engineer with more than $7 million in Capital Improvements Projects for the current fiscal year. TKE simultaneously prepared numerous grant applications, performed plan checking on CIP, represented the City with other agencies at various meetings, represented Engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, prepared and acquired right-of-way, managed funding programs, provided construction management and inspection services, as well as public relations and various related work.
SERVICES
Services included development project screen checks, response to development community inquiries, accept submittals on behalf of agencies, determine project impacts, develop conditions of approval, present projects to planning commissions, prepare council agenda reports, perform plan and map checking for grading, street, storm drain, hydrology, hydraulics, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans as well as many other municipal development related services.
KEY STAFF
Terry Renner, P.E., L.S., Q.S.D., Michael P. Thornton, P.E., L.S., Ron Musser, L.S., Justin Schlaefli, P.E., T.E., P.T.O.E., Steve Nix, P.E., L.S., Monae Pugh, Brian Wolfe, P.E.
RELEVANCE TO PICO RIVERA
x Local Experience
x On-Call Development and CIP Plan
Checking Contract
x Conditions of Approval
Development
RELEVANCE TO PICO RIVERA
x On-Call Development and CIP Plan
Checking Contract
x Conditions of Approval
Development
Page | 6
On-Call Plan Checking Services
City of Pico Rivera
SECTION B | QUALIFICATIONS OF THE FIRM
CALIMESA ON-CALL PLAN CHECKING SERVICES City of Calimesa Client Contact: Mr. Will Kolbow | City Manager
Phone Number: (909) 795-9801
Email: [email protected]
Project Cost: N/A
Completion Date: 2013 - Present
DESCRIPTION
TKE provides on-call plan and map checking services to the City of Calimesa. TKE is providing plan checking services for several small and large tract developments, single family residential units and commercial retail centers within the City.
SERVICES
Services included development project screen checks, response to development community inquiries, accept submittals on behalf of agencies, determine project impacts, develop conditions of approval, present projects to planning commissions, prepare council agenda reports, perform plan and map checking for grading, street, storm drain, hydrology, hydraulics, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans as well as many other municipal development related services.
KEY STAFF
Michael P. Thornton, P.E., L.S., Terry Renner, P.E., L.S., Q.S.D., Ron Musser, L.S., Justin Schlaefli, P.E., T.E., P.T.O.E., Steve Nix, P.E., L.S., Monae Pugh, Brian Wolfe, P.E.
HESPERIA ON-CALL PLAN CHECKING SERVICES City of Hesperia Client Contact: Mr. Nils Bentsen | City Manager
Phone Number: (760) 947-1025
Email: [email protected]
Project Cost: N/A
Completion Date: 2016-Present
DESCRIPTION
TKE provides on-call plan and map checking services to the City. TKE is providing plan checking services for several small and large tract developments, single family residential units and commercial retail centers within the City. In addition, TKE is performing plan check on several capital improvement projects within the City.
SERVICES
Services included development project screen checks, response to development community inquiries, accept submittals on behalf of agencies, determine project impacts, develop conditions of approval, present projects to planning commissions, prepare council agenda reports, perform plan and map checking for grading, street, storm drain, hydrology, hydraulics, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans as well as many other municipal development related services.
KEY STAFF
Michael P. Thornton, P.E., L.S., Terry Renner, P.E., L.S., Q.S.D., Ron Musser, L.S., Steve Nix, P.E., L.S., Justin Schlaefli, P.E., T.E., P.T.O.E., Monae Pugh, Brian Wolfe, P.E.
RELEVANCE TO PICO RIVERA
x On-Call Development and CIP
Plan Checking Contract
x Conditions of Approval
Development
DESCRIPTION
RELEVANCE TO PICO RIVERA
x On-Call Development and CIP
Plan Checking Contract
x Conditions of Approval
Development
Page | 7
On-Call Plan Checking Services
City of Pico Rivera
SECTION B | QUALIFICATIONS OF THE FIRM
COLTON ON-CALL PLAN CHECKING SERVICES City of Colton
Client Contact: Mr. Victor Ortiz, P.E. | City Engineer
Phone Number: (909) 514-4220
Email: [email protected]
Project Cost: N/A
Completion Date: 2017-Present
DESCRIPTION
TKE provides on-call plan and map checking services to the City. TKE is providing plan checking services for the CalPortland/Colton Cement Plant development project, Agua Mansa Road Parcel Map 19741, 1350 Reche Canyon Road, and 1600 East Ashley Way Parcel Map 20080, all within the City. TKE has been providing plan and map checking services to the City since 2017.
SERVICES
Services included development project screen checks, response to development community inquiries, perform plan and map checking for grading, street, drainage, hydrology, and hydraulics, as well as many other municipal development related services.
KEY STAFF
Michael P. Thornton, P.E., L.S., Terry Renner, P.E., L.S., Q.S.D., Ron Musser, L.S, Michelle Arellano, P.E., Monae Pugh
WILDOMAR ON-CALL PLAN CHECKING SERVICES
City of Wildomar
Client Contact: Mr. Dan York
Phone Number: (951) 677-7751 ext. 226
Email: [email protected]
Project Cost: N/A
Completion Date: 2014-Present
DESCRIPTION
TKE provides on-call plan and map checking services to the City. TKE is providing plan checking services for several small and large tract developments and commercial retail centers within the City. TKE utilizes the City’s online system (Citrix) for access and uploading of plan check documents.
SERVICES
Services included development project screen checks, response to development community inquiries, determine project impacts, develop conditions of approval, perform plan and map checking for grading, street, storm drain, hydrology, hydraulics, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans
KEY STAFF
Michael P. Thornton, P.E., L.S., Terry Renner, P.E., L.S., Q.S.D., Ron Musser, L.S.,
RELEVANCE TO PICO RIVERA
x On-Call Development and CIP Plan
Checking Contract
x Conditions of Approval
Development
RELEVANCE TO PICO RIVERA
x On-Call Development and CIP Plan
Checking Contract
x Conditions of Approval
Development
Page | 8
On-Call Plan Checking Services
City of Pico Rivera
SECTION B | QUALIFICATIONS OF THE FIRM
STAFFING AVAILABILITY
TKE is committed to completing all of the required plan check and map checking services required for the duration of the contract and any extensions approved by the City. TKE will always find the City as a priority client. As such, resources needed to complete the required tasks will be provided.
TKE has extensive experience with an excellent reputation in the provision of on-call plan and map checking services for municipal agencies. Throughout our history, we have provided municipal plan checking services for, land development, and capital improvement projects. We have successfully completed complex and challenging projects for a variety of municipal agencies who have continued to request that we partner with them in delivering value to their communities.
For this contract, Mr. Terry Renner, P.E., L.S., Q.S.D., Senior Vice President of TKE will coordinate and oversee all plan checking projects. He brings a vast amount of knowledge from his 23 years of experience plan checking, designing and managing similar projects throughout Los Angeles, Riverside, and San Bernardino counties. Mr. Renner will serve as Project Manager and will maintain direct and continued responsibility for all plan check services provided for the duration of this contract. He will serve as the primary contact on all matters dealing with your projects and will manage and oversee day-to-day activities throughout project completion, as well as handle all contractual matters and advise the team.
Name/Role Current Work % Commitment
Terry Renner, P.E., L.S.,
Q.S.D.
Project Manager
Project Management City of Fontana 30%
Survey/Mapping City of Azusa 15%
Plan Checking City of Calimesa 25%
Plan Checking City of Hesperia 5%
Proposed Project Availability: 25%
Name/Role Current Work % Commitment
Justin Schlaefli
Traffic Engineer
CV-SYNC CVAG 30%
Traffic Engineering City of Wildomar 20%
Traffic Engineering City of La Quinta 10%
Traffic Engineering City of Calimesa 10%
Proposed Project Availability: 30%
Name/Role Current Work % Commitment
Steve Nix
P.E., P.L.S.
Senior Plan Check Engineer
Project Management City of Upland 30%
Plan Checking City of Wildomar 10%
Plan Checking City of Highland 10%
Plan Checking City of Calimesa 20%
Proposed Project Availability: 30%
Page | 9
On-Call Plan Checking Services
City of Pico Rivera
SECTION B | QUALIFICATIONS OF THE FIRM
Name/Role Current Work % Commitment
Brian Wolfe
P.E.
Senior Plan Check Engineer
Project Management City of Highland 20%
Project Management City of Wildomar 15%
Plan Checking City of Colton 25%
Plan Checking City of Highland 10%
Proposed Project Availability: 35%
Name/Role Current Work % Commitment
Monae Pugh
Senior Plan Check Engineer
Traffic Engineering City of Wildomar 20%
Traffic Engineering City of Calimesa 15%
Traffic Engineering City of Rialto 15%
Traffic Engineering City of Hesperia 15%
Proposed Project Availability: 35%
Name/Role Current Work % Commitment
Ron Musser
P.L.S.
Director of Survey
Survey Map Checking City of Azusa 30%
Survey Map Checking City of Hesperia 20%
Survey Map Checking City of Needles 10%
Survey Map Checking City of Highland 10%
Proposed Project Availability: 30%
Page |10
On-Call Plan Checking Services
City of Pico Rivera
SECTION C | PROPOSED S TAFFING
SECTION C | PROPOSED STAFFING
TKE’s key staff assigned to perform the services
required are identified and discussed in detail within
the following section. As discussed previously, TKE
currently maintains a staff of 51 personnel who are
highly qualified to assist with any of the required
services for this contract.
TKE has two unique advantages associated with the
experience of TKE’s project team. One benefit of
TKE’s project team is our extremely low internal
turnover rate. As a result of our rigorous interview
and testing procedures, coupled with our extremely
high employee satisfaction rates, TKE staff has years
of experience working together. The close
relationships each of our staff members have with
one another provide the City with an extremely well
rounded and experienced team. As such, TKE’s
project team experience directly correlates with
TKE’s firm experience described previously.
The second benefit of TKE’s project team is our
internal training procedures. TKE has strived to
develop techniques that reach outside the box and
develop well rounded individuals committed to
providing high quality, efficient services to meet all
of our clients’ needs. TKE trains our staff on every
facet of engineering design and construction to
provide a level of knowledge that can identify
problems in every phase of a project, from planning
through construction.
It is this commitment to service and diverse array of
offerings that makes us unique and drives our longstanding relationships with our client base.
Understanding that all aspects of on-call
miscellaneous consulting services are important to
ensure the City’s interests are protected and project
schedules are met, our team brings TKE
management level professionals to projects ensuring
that every aspect receives full and comprehensive
consideration. It is this personal touch and contact
that define our ‘local service’ approach. We consider
ourselves community builders and take ownership of
services requested from TKE, ensuring that our
personnel will be allocated on an as-needed basis in
order to complete all services on schedule and within
specified budget. TKE is committed to responding to
our clients’ needs as they arise.
1 KEY PERSONNEL
Terry Renner, P.E., L.S,
Q.S.D.
Project Manager
R.C.E. No. 69984
P.L.S. No. 9762
Q.S.D. Certification No. 24329
Mr. Renner has 23 years of engineering and
surveying experience and also has experience as a
Plan Checker and Project Manager. Mr. Renner is a
Registered Civil Engineer and licensed Land Surveyor
in the State of California. He has extensive
experience in the design and construction of public
works improvement projects, including plan
checking, project management, design engineering,
construction management and surveying services. In
addition, as detailed on Mr. Renner’s resume, he has
experience with drainage studies preparation, design
and construction engineering for street, sewer and
drainage system improvement projects. Mr. Renner
is well trained in the use of computerized drawing
software. He will assist with various tasks
throughout the course of providing engineering
services, such as base construction drawings, design
and construction estimates.
Mr. Renner’s role on the team will be to manage plan
checking duties, compliance with standards and
regulations and perform quality assurance and
quality control on all documents.
Page |11
On-Call Plan Checking Services
City of Pico Rivera
SECTION C | PROPOSED S TAFFING
Justin Schlaefli, P.E., T.E.,
P.T.O.E.
Traffic Engineer
R.C.E. No. 69984
Justin has 22 years of
experience in the
transportation field. He is responsible for managing
projects on a day-to-day basis as well as interfacing
with other project team members and decision
makers/ government staff and Contractors. He
specializes in Intelligent Transportation Systems,
Transportation Planning, Construction, Traffic
Engineering and Traffic Operations. He has
experience working on both public sector projects as
well as private sector development. His experience
ranges from construction management and
inspection to operations and maintenance. He also
has experience conducting traffic studies, specialized
access analysis, parking studies, trip generation
studies, traffic micro-simulation, signal operations,
signal timing, traffic control and design/build of ITS
solutions. In addition, Justin has served as a subject
matter expert in court, for the State of California and for vendors in the transportation industry. He is also
a proud alumnus of San Diego State University where
he has been a guest lecturer and has taught
Transportation Engineering, helping to mentor the
next generation in his field.
Steve Nix, P.E., P.L.S.
Senior Plan Check Engineer
R.C.E. No. 56810
P.L.S. No. 8146
Mr. Nix, has over 39 years of
experience in engineering
planning, design, and
construction management for public works projects.
Mr. Nix has served several cities as it’s resident
engineer and other capacities including City of Chino,
City of Chino Hills, City of Montclair, City of Ontario, City of Fontana, City of Riverside, and Chino Basin
Municipal Water District in both the public and
private sectors. He has served the City of Upland as
the Sanitary Sewer Specialist and East Valley Water
District as the Director of Engineering and
Operations. His experience includes design and
construction management of all types of civil
engineering projects ranging from single and multifamily residential, commercial and industrial development projects, public works projects
including street, sewer, water, storm drain
improvements, water wells construction including
wellhead treatment, sewage and water pump
stations, water reservoirs as well as sewage
treatment and transmission
Brian Wolfe, P.E.
Senior Plan Check Engineer
R.C.E. 69109
Brian Wolfe has over 20 years of
experience in civil engineering
and land surveying for both
private and public sectors of the
industry. His experience in design, construction and
plan checking includes a variety of improvement
projects such as street improvements, pavement
rehabilitation, signing and striping, precise grading,
water mains, demolition, reservoir rehabilitation,
and sewer mains. He has provided staff
augmentation, capital improvement design,
construction management and plan checking
services for several Southern California public
agencies including 5 years with the City of Adelanto.
His experience also includes public works
construction inspection, legal descriptions for
easements, topographic surveying and construction
surveying.
Many of his projects involved ADA accessible
pathways and grant funding management such as
Safe Routes to Schools and Community Development
Block Grant (CDBG) improvements. Mr. Wolfe is also
well versed in traffic calming, bicycle facility design, warrant analysis and temporary traffic control.
Previous traffic engineering duties included close
collaboration with City Police Departments to
Page |12
On-Call Plan Checking Services
City of Pico Rivera
SECTION C | PROPOSED S TAFFING
resolve parking violation enforcement issues and
increasing traffic safety.
Monae Pugh
Senior Plan Check Engineer
Monae Pugh has over 32 years of
Municipal and Public Agency
engineering experience with a
wide range of responsibilities and
projects emphasizing the
discipline of Transportation and Traffic Engineering.
Her most recent experience includes management of
both Land Development and Traffic Engineering
Departments for the City of Fontana. Prior
experience includes over 17 years in the County of
Riverside Traffic Engineering Department. She is a
Certified Grant Writer through Cal State San
Bernardino Certification Program and has secured
multiple Transportation grants for a wide variety of
infrastructure projects.
Ron Musser, P.L.S.
Director of Survey
P.L.S. No. 4230
Mr. Musser has over 50 years of
experience in performing field
and office surveying services for
public and private projects
including design surveys and right-of-way acquisition
projects. Prior to joining TKE Engineering, Inc., Mr.
Musser worked at the County of Riverside as a
County Surveyor for nearly 22 years providing
mapping, easement document preparation, field
surveying and calculations support for hundreds of
projects. He has prepared records of survey, parcel
maps, tract maps, right-of-way and easement
documents in San Bernardino County, Riverside
County, San Diego County, Orange County and Los
Angeles County. He has performed boundary,
topographic, ALTA, and precise level surveys as well
as Global Positioning Surveys.
TKE’s professional team is supported by 51
engineering assistants, surveying assistants, and
administrative staff. Corporate resumes along with
an organizational chart for the entire team are
presented on the following pages.
Page |13
On-Call Plan Checking Services
City of Pico Rivera
SECTION C | PROPOSED S TAFFING
2 R E S U M E S
TERRY RENNER,
P.E., L.S., Q.S.D.
Project Manager
TKE Engineering, Inc.
EDUCATION
BS, Civil Engineering, California State
Polytechnic University, Pomona
REGISTRATIONS
P.E. License Number 69984 (CA)
Qualified SWPPP Developer and
Practitioner #24329
P.L.S.
CERTIFICATIONS
Caltrans SWPPP Certified QSP/QSD
Training
AFFILIATIONS
American Public Works Association
American Council of Engineering
Companies of California
Mr. Renner is the Senior Vice President of TKE and has over 23 years of experience in civil engineering design, plan checking, project management and construction management of both development and public works infrastructure projects, including grading improvements, street and transportation improvements, drainage improvements, water improvements, sewer improvements, facilities improvements and recreation improvements. He currently provides plan checking services for the cities of Calimesa, Upland, Wildomar, Highland, and El Monte. He has managed plan check work on a variety of development projects including small to very large projects as the municipal agency’s technical review staff. He has provided management of development project screen checks, responses to development community inquiries, acceptance of submittals on behalf of agencies, determination of project impacts, development conditions of approval, presentation of projects to planning commissions, preparation of council agenda reports, performed plan checking as well as many other municipal development related services. He has successfully delivered a wide variety of complex and challenging projects and is dedicated to ensuring that the plans produced by TKE continue to exceed industry standards.
DETAILED PROJECT EXPERIENCE
x TM 18249; Upland Crossing; Eleventh Street, City of Upland, CA – Mr. Renner was responsible for water, sewer, drainage, street, grading and water quality management plan check services on a 16 acre, 125 lot, single family development project.
x Tract 18274; Upland Crossing College Heights Basin, City of Upland, CA – Mr. Renner was responsible for water, sewer, drainage, street, grading and water quality management plan check services on a 12-acre, high density development project. x TTM 18697, City of Upland, CA – Mr. Renner was responsible for water, sewer, drainage, street, grading and water quality management plan check services on a 10-acre, 209-unit mixed use development project.
x TTM 18951, City of Upland, CA – Mr. Renner was responsible for water, sewer, drainage, street, grading and water quality management plan check services on a 4-acre, 78-unit high density development project.
x TTM 15461, City of Upland, CA – Mr. Renner was responsible for sewer, street, and grading plan check services on a oneunit single family residential development project. x TTM 26811 Singleton Road, Mastercraft Development, City of Calimesa, CA – Mr. Renner was responsible for precise grading plan check services on the 200-lot subdivision.
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x TTM 30386 Bryant Street, City of Calimesa, CA – Mr. Renner was responsible for street and storm drain, grading and signing and striping plan check services on the 400-lot subdivision.
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On-Call Plan Checking Services
City of Pico Rivera
SECTION C | PROPOSED S TAFFING
JUSTIN P.
SCHLAEFLI,
P.E., T.E., PTOE
Traffic Engineer
TKE Engineering, Inc.
EDUCATION
B.S., Civil Engineering, San Diego
State University
M.S., Civil Engineering, Norwich
University
CERTIFICATIONS
P.E. License Number 74670 (CA)
T.E. License Number 2564 (CA)
REGISTRATIONS
Professional Traffic Operations Engineer
IMSA Level II Signal Technician — Field
Certified Fiber Optic Technician
AFFILIATIONS
Former Second Vice President, San
Diego Highway Development
Association
Justin has 21 years of experience in the transportation field. He is responsible for managing projects on a day-to-day basis as well as interfacing with other project team members and decision makers/ government staff and Contractors. He specializes in Intelligent Transportation Systems, Transportation Planning, Construction, Signal Maintenance, Traffic Engineering and Traffic Operations. He has experience working on both public sector projects as well as private sector development. His experience ranges from construction management and inspection to operations and maintenance. He also has experience conducting traffic studies, specialized access analysis, parking studies, trip generation studies, traffic micro-simulation, signal operations, signal timing, traffic control and design/build of ITS solutions. In addition, Justin has served as a subject matter expert in court, for the State of California and for vendors in the transportation industry. He is also a proud alumnus of San Diego State University where he has served as a guest lecturer and adjunct faculty teaching Transportation Engineering and helping to mentor the next generation in his field.
Through his career, Justin Schlaefli has accumulated truly unique experience in Traffic Engineering. For example, Justin has served as an expert for the State Board of Professional Engineers with respect to creation of the Traffic Engineer license exam. In addition, Justin has served as a qualified expert witness for the US Attorney’s office in cases involving traffic accidents and traffic signal timing. In addition, Justin has completed hundreds of traffic and safety studies throughout his career including substantial CEQA/NEPA work. Finally, Justin has overseen design/build projects for signal modification and ITS improvements including projects in Caltrans jurisdiction and involving multi-agency coordination.
DETAILED PROJECT EXPERIENCE
x City Traffic Engineering, Various Cities, CA - Mr. Schlaefli provided on-call traffic engineering services to various Cities.
He is currently responsible to review of traffic control plans, land development review of site plans and access
management, review and comment of traffic impact studies, traffic engineering project coordination with capital
improvement projects, warrant analysis preparation, traffic count coordination, analysis of traffic counts and collision data, traffic control device recommendations, speed zone survey preparation, and certifications, and school zone analysis. While providing these services to the City, Mr.
Schlaefli has represented the City with other agencies, consultants and developers at numerous meeting,
represented engineering with the City’s management
personnel and other public meetings, managed engineering budgets and project schedules.
x On-Call Plan Checking, City of Pico Rivera, CA - Mr. Schlaefli served as the Traffic Engineer. TKE provides on-call plan and Page |16
On-Call Plan Checking Services
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SECTION C | PROPOSED S TAFFING
Member National Academy of
Sciences, Transportation Research
Board
Member, Institute of Transportation
Engineers
Vice President of Professional
Development, San Diego State
University Alumni Board of Advisors
Adjunct Faculty, San Diego State
University
map checking services to the City. TKE is providing plan checking services for several small and large tract
developments, single family residential units and commercial retail centers within the City. In addition, TKE is performing plan check on several capital improvement projects within the City.
x On-Call Plan Checking, City of Hesperia, CA – Mr. Schlaefli served as the Traffic Engineer. TKE provides on-call plan and map checking services to the City. TKE is providing plan checking services for several small and large tract
developments, single family residential units and commercial retail centers within the City. In addition, TKE is performing plan check on several capital improvement projects within the City.
x On-Call Plan Checking, City of Highland, CA - Mr. Schlaefli served as the Traffic Engineer. TKE provides on-call plan and map checking, civil engineering and inspection services to the City of Highland for Capital Improvement project coordination, planning and implementation. TKE is assisting the City
Engineer with more than $7 million in Capital Improvements Projects for the current fiscal year. TKE simultaneously prepared numerous grant applications, performed plan
checking on CIP, represented the City with other agencies at various meetings, represented Engineering with the City’s council and other public meetings, managed engineering
budgets and project schedules, prepared and acquired rightof-way, managed funding programs, provided construction management and inspection services, as well as public
relations and various related work.
x On-Call Plan Checking, City of Calimesa, CA - Mr. Schlaefli served as the Traffic Engineer. TKE provides on-call plan and map checking services to the City of Calimesa. TKE is providing plan checking services for several small and large tract developments, single family residential units and commercial retail centers within the City.
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On-Call Plan Checking Services
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SECTION C | PROPOSED S TAFFING
STEVE NIX,
P.E., P.LS.
Senior Plan Check
Engineer
TKE Engineering, Inc.
EDUCATION
Chaffey College
REGISTRATIONS
P.E. License Number 56810 (CA)
L.S. License Number 8146 (CA)
AFFILIATIONS
Riverside-San Bernardino
Counties Branch, American
Society of Civil Engineers (ASCE)
American Public Works
Association (APWA)
Mr. Nix, has over 39 years of experience as a Civil Engineer. He has worked on a variety of development projects, ranging in size from small to very large, as the municipal agency’s technical review staff. He has provided development project screen checks, responded to development community inquiries, accepted submittals on behalf of agencies, determined project impacts, developed conditions of approval, presented projects to planning commissions, prepared council agenda reports, performed plan checks, seamlessly executed the entitlement process, as well as many other municipal development services. In addition, Mr. Nix has served several cities as it’s resident engineer in other capacities including the City of Chino, City of Chino Hills, City of Montclair, City of Ontario, City of Fontana, City of Riverside, and Chino Basin Municipal Water District in both the public and private sectors. He has served the City of Upland as the Sanitary Sewer Specialist and East Valley Water District as the Director of Engineering and Operations. His experience includes survey, design and construction management of all types of civil engineering projects ranging from single and multi-family residential, commercial and industrial development projects, public works projects including street, sewer, water, storm drain improvements, water wells construction including wellhead treatment, sewage and water pump stations, water reservoirs as well as sewage treatment and transmission
DETAILED PROJECT EXPERIENCE
x On-Call Plan and Map Checking Services, Various Cities- Mr. Nix has provided on-call plan checking services to several local Southern California Cities. His experience includes providing plan checking services for several small and large tract developments, single family residential units, and commercial retail centers. His services have included development project screen checks, responding to development community inquiries, performing plan checking for grading, street, storm drain, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans, as well as conducting all facets of municipal development related services.
x Director of Public Works, City of Montclair- Mr. Nix served as Director of Public Works for the City of Montclair. His project. experience includes wet utility relocations necessary to support the extension of the Metro Rail from San Bernardino to Redlands and the Central Avenue Rehabilitation Project between Phillips Blvd and Arrow Route in the City of Montclair. He also provided contract support for plan check services for all Development Projects within the City of Montclair. This included review of entitlement processing and review of all improvements plans and mapping needed to facilitate new development projects, he also provided design, QA/QC and shop drawing review required for Land Development projects.
x Director of Engineering and Operations, East Valley Water District, City of Highland-Mr Nix served as the Director of Page |18
On-Call Plan Checking Services
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SECTION C | PROPOSED S TAFFING
Engineering and Operations for the East Valley Water District. He was responsible for daily operations and managing the Capital Improvement Program which averages $5-6M of improvements to District facilities per year. The Operations Division included both water and wastewater and served approximately 102,000
residents within City of Highland and portions of both City and County of San Bernardino. The Water Division also operates a 8 MGD surface water treatment plant which provides about 1/3 of the potable water used within the District.
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On-Call Plan Checking Services
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SECTION C | PROPOSED S TAFFING
BRIAN D.
WOLFE, P.E.
Senior Plan Check
Engineer
TKE Engineering, Inc.
EDUCATION
M.S. Civil Engineering, California
State Polytechnic University,
Pomona
B.S. Civil Engineering, California
State Polytechnic University,
Pomona
REGISTRATIONS
P.E. License Number 69109 (CA)
AFFILIATIONS
American Society of Civil
Engineers (ASCE)
Past-President, San
Bernardino/Riverside County
Branch
Brian Wolfe has over 20 years of experience in civil engineering and land surveying for both private and public sectors of the industry. His experience in design, construction and plan checking includes a variety of improvement projects such as street improvements, pavement rehabilitation, signing and striping, precise grading, water mains, demolition, reservoir rehabilitation, and sewer mains. He has provided staff augmentation, capital improvement design, construction management and plan checking services for several Southern California public agencies including 5 years with the City of Adelanto. His experience also includes public works construction inspection, legal descriptions for easements, topographic surveying and construction surveying.
Many of his projects involved ADA accessible pathways and grant funding management such as Safe Routes to Schools and Community Development Block Grant (CDBG) improvements. Mr. Wolfe is also well versed in traffic calming, bicycle facility design, warrant analysis and temporary traffic control. Previous traffic engineering duties included close collaboration with City Police Departments to resolve parking violation enforcement issues and increasing traffic safety.
Mr. Wolfe has written and presented many staff reports for recommend action to commissions as well as contract awards for City council.
Recommended action often required close coordination with the public and businesses. Mr. Wolfe has represented the city at numerous regional meetings with SBCTA and Caltrans.
DETAILED PROJECT EXPERIENCE
x On-Call Plan and Map Checking Services, Various Cities- Mr.
Wolfe has provided on-call plan checking services to several local Southern California Cities. His experience includes providing plan checking services for several small and large tract developments, single family residential units, and commercial retail centers. His services have included development project screen checks, responding to development community inquiries, performing plan checking for grading, street, storm drain, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans, as well as conducting all facets of municipal development related services.
x City Engineering Services, City of Adelanto – Mr. Wolfe provided full time civil engineering services to the city, as the City Engineer.
While providing these services to the city, he has represented the city with other agencies at numerous meetings, represented engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, retained other consultants to prepare improvement design projects, managed funding programs, and various related work. In
addition, and he has managed infrastructure development projects.
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SECTION C | PROPOSED S TAFFING
x Tract 20017; Spanish Trails, City of Upland- Mr. Wolfe was responsible for water, sewer, drainage, street, WQMP, SWPPP and grading plan check services on a 4.75-acre, residential development project.
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On-Call Plan Checking Services
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SECTION C | PROPOSED S TAFFING
MONAE PUGH
Senior Plan Check Engineer
TKE Engineering, Inc.
EDUCATION
UC Berkley Institute of
Transportation Engineers
AFFILIATIONS
Institute of Transportation Engineers
Ms. Pugh has over 32 years of Municipal and Public Agency engineering experience with a wide range of responsibilities and projects emphasizing the discipline of Transportation and Traffic Engineering. Her most recent experience includes management of both Land Development and Traffic Engineering Departments for the City of Fontana. Prior experience includes over 17 years in the County of Riverside Traffic Engineering Department. Ms. Pugh has actively pursued continuing education throughout her career through U.C.
Berkley extension courses offered by the Institute of Transportation Studies and couples this with functional engineering experience. She is a Certified Grant Writer through Cal State San Bernardino Certification Program and has secured multiple Transportation grants for a wide variety of infrastructure projects.
DETAILED PROJECT EXPERIENCE
x City of Hesperia Traffic Engineering – Ms. Pugh provides oncall traffic engineering services to the City. She is currently responsible for review of traffic control plans, land
development review of site plans and access management, review and comment of traffic impact studies, traffic
engineering project coordination with capital improvement projects, warrant analysis preparation, traffic count
coordination, analysis of traffic counts and collision data, traffic control device recommendations, speed zone survey preparation and certifications, and school zone analysis.
While providing these services to the City, Ms. Pugh has represented the City with other agencies, consultants and developers at numerous meeting, represented engineering with the City’s management personnel and other public
meetings, managed engineering budgets and project
schedules.
x City of Corona Traffic Engineering Services – Ms. Pugh provides on-call traffic engineering services to the City of Corona. She managed numerous in-house traffic signal
designs, reviewed developer submitted traffic impact reports, provide plan checking on traffic control plans submitted for developer projects and capital improvement projects. While providing these services to the City, Ms. Pugh has represented the City during meetings with City consultants and developers, managed engineering budgets and project schedules, and
various related work.
x City of Calimesa Traffic Engineering – Ms. Pugh provide oncall traffic engineering services to the City. She is currently responsible for review of traffic control plans, land
development review of site plans and access management, review and comment of traffic impact studies, traffic
engineering project coordination with capital improvement projects, warrant analysis preparation, traffic count
coordination, analysis of traffic counts and collision data, Page |22
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SECTION C | PROPOSED S TAFFING
traffic control device recommendations, speed zone survey preparation and certifications, and school zone analysis.
Page |23
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City of Pico Rivera
SECTION C | PROPOSED S TAFFING
RON
MUSSER,
P.L.S.
Director of Surveys
TKE Engineering, Inc.
REGISTRATIONS
P.L.S. License Number (CA): 4230
Mr. Musser has over 52 years of experience in performing field and office surveying and plan checking services for public and private projects including roadway and highway projects. He has performed design topographic surveying and construction staking on all of TKE’s respective design and construction management projects and map checking over the past 10 years. In addition, he has prepared records of survey, parcel maps and tract maps in San Bernardino County, Riverside County, San Diego County, Orange County and Los Angeles County. He has performed boundary, topographic, ALTA, and precise level surveys as well as Global Positioning Surveys. Mr. Musser currently provides map checking services to the cities of Calimesa, Upland, Azusa, Pico Rivera and El Monte.
DETAILED PROJECT EXPERIENCE
x On-Call Survey and Map Checking Services, City of Calimesa, CA - Mr. Musser provides on-call map checking services to the City of Calimesa. Mr. Musser is providing map checking
services for several small and large tract developments, single family residential units and commercial retail centers within the City. Services include closure calculations, development project screen checks, response to development community inquiries, perform map checking for tract maps, parcel maps, lot line adjustments, lot mergers, records of survey, corner records, easement and right-of-way acquisitions.
x On-Call Survey and Map Checking Services, City of Hesperia, CA - Mr. Musser provides on-call map checking services to the City of Hesperia. Mr. Musser is providing map checking
services for several small and large tract developments, single family residential units and commercial retail centers within the City. Services include closure calculations, development project screen checks, response to development community inquiries, perform map checking for tract maps, parcel maps, lot line adjustments, lot mergers, records of survey, corner records, easement and right-of-way acquisitions.
x On-Call Map Checking Services, City of Upland, CA - Mr.
Musser provides on-call map checking services to the City of Upland. Mr. Musser is providing map checking services for several tract developments, single family residential units and commercial retail centers within the City. Services include closure calculations, development project screen checks, response to development community inquiries, perform map checking for tract maps, parcel maps, lot line adjustments, lot mergers, records of survey, corner records, easement and right-of-way acquisitions.
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SECTION C | PROPOSED S TAFFING
3 C O N T I N U I T Y O F P E R S O N N E L
Key Personnel from TKE Engineering, Inc. will be available to the extent proposed for the duration of the required services. TKE acknowledge s no person designated as “key” shall be removed or replaced without prior written concurrence of the City.
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On-Call Plan Checking Services
City of Pico Rivera
SECTION C | PROPOSED S TAFFING
Senior Plan
Check
Engineer
Monae
Pugh
Director of
Survey
Ron Musser
P.L.S.
Project Manager
Terry Renner
P.E., L.S., Q.S.D.
Senior Plan
Check
Engineer
Steve Nix,
P.E., P.L.S.
Traffic Engineer
Justin
Schlaefli, P.E.,
T.E., P.T.O.E.
Senior Plan
Check
Engineer
Brian Wolfe,
P.E.
4 ORGANIZATIONAL CHART AND STAFF
AVAILABILITY
SUPPORT TEAM
(50+ Members)
Michael P. Thornton P.E., P.L.S. | President Chance Renner, E.I.T. | Associate Engineer Steven W. Ledbetter, P.E. | Vice President Marvin Lara, E.I.T. | Associate Engineer Michelle Arellano, P.E. | Senior Plan Check Engineer Metehan Gumustekin, E.I.T. | Associate Engineer Steve Dukett | Managing Director Development Services Travis Bradshaw, E.I.T. | Associate Engineer Brett Enscoe | Survey Party Chief Jose Martinez | Associate Engineer Mycal Batla | Survey Alex Estepa | Associate Engineer
Patrick Palafox | Senior Construction Inspector Jose Hernandez | Associate Engineer Jeffrey Lynn | Senior Public Works Inspector Jayden Renner | Engineering Technician Michael Counce | Senior Public Works Inspector Oliver Zavala | Engineering Technician Brad Enscoe | Senior Public Works Inspector Emmanuel Perez, E.I.T. | Engineering Technician Stephen Biscotti | Senior Public Works Inspector Julian Bernardino | Assistant Engineer Jeff Lantosh | Senior Public Works Inspector Aaron Vargas | Assistant Engineer Naeem Dulloo | Senior Public Works Inspector Rushdi Helo | Assistant Engineer Tyler Ault | Senior Public Works Inspector Aileen Morales | Assistant Engineer Ralph Martinez | Senior Public Works Inspector Michelle Sells | Accounting/Office Manager Brian McDuffie | Senior Public Works Inspector Deana Vilches | Clerical Tony Tran| Senior Public Works Inspector Tracey McLoughlin | Clerical Octavio Parada |Project Manager Jeannette Barlow | Clerical Jennifer Cioffi, P.E. | Project Manager Genesi Lozano | Proposal Coordinator Steve Libring, T.E. | Traffic Engineer Gabriela Sandoval | Business Development Coordinator Shelby Kelley, E.I.T. | Associate Engineer Claire Thornton | Marketing Assistant Daniel Melero, E.I.T. | Associate Engineer
Page |26
On-Call Plan Checking Services
City of Pico Rivera
SECTION D | CONSULTANTS AND/OR SUB-CONSULTANTS
SECTION D | CONSULTANTS AND/OR SUB-CONSULTANTS
TKE Engineering Inc. will not retain a sub- consultant for this on-call.
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On-Call Plan Checking Services
City of Pico Rivera
SECTION E | WORK APPROACH
SECTION E | WORK APPROACH
1 S T A T E M E N T O F
UNDERSTANDING
The City of Pico Rivera (City) desires to retain a
qualified engineering consultant to perform plan
checking and other related engineering services
including but not limited to review of the following
improvement plans, documents, and technical
studies:
ǻ Grading Plans
ǻ Storm Drain Plans
ǻ Street Improvement Plans
ǻ Traffic Signal and Interconnect Plans
ǻ Traffic Engineering Reports
ǻ Water, Sewer and Reclaimed Water Pipeline
plans
ǻ Water, Sewer and Reclaimed Water
Mechanical and Electrical Plans
ǻ Tract and Parcel Maps
ǻ Records of Survey
ǻ Lot Line Adjustments and Mergers
ǻ Easements, Vacation, and Right-of-Way
Dedications
ǻ Water Quality Management Plans
ǻ Erosion Control Plans
ǻ Hydrology/Hydraulic Reports
ǻ Soils and Geotechnical Reports
ǻ Survey Monumentation and Centerline Ties
ǻ Title and Closure Reports
TKE also understands that all plan checking will
require adherence to a schedule of turnaround
timeframes set by the City. We also recognize the
importance of ensuring each plan check stays within
the three-cycle maximum, and must be completed
within the following scheduling allotments:
ǻ First submittal: 10 working days
ǻ Second submittal: 5 working days
ǻ Third submittal: 3 working days
ǻ Final Approval review: 2 working days
ǻ Delta revision change pre-construction
phase: 7 working days
ǻ Delta revision change during construction
phase: 3 working days
We understand that although expedited reviews are
less typical; the City anticipates some of the project
priorities will require a more aggressive schedule
with regard to plan checks.
TKE Team staff will demonstrate proactive
communication strategies to keep the City informed
about plan check status updates and any potential
issues that may arise. We will be readily available on
a daily basis to provide these necessary updates to
the City’s Project Engineers prior to returning the
plan check to the developer or its representative.
2 PROJECT APPROACH
TKE and the City have a common goal, successful
project delivery. Our definition of successful project
delivery is:
ǻ Project completion that meets all project
requirements
ǻ Project completion within budget
ǻ Project completion on schedule
Our goal is not limited to project processing only, but includes the incorporation of value engineering and
constructability review. Through the evaluation and
management of specific alternatives, we will
facilitate the delivery of the most cost-effective
project alternative that meets design requirements
and will provide for the greatest opportunity for
expedited construction.
To achieve our goal, we approach our projects by
first developing a project plan. Our project plan
considers the major issues described below. Prior to
beginning plan checking services, we would perform
the following:
ǻ Detailed Review of the Project
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SECTION E | WORK APPROACH
ǻ Preliminary Research and Data Collection
ǻ Client Inquiries
ǻ Field Reconnaissance
3. SCOPE OF SERVICES
TKE’s typical projected scope of services is presented
in the following paragraphs:
P ROJECT M ANAGEMENT
Project management will be an essential element in
project delivery. Effective communications will lead
to effective management. Management will include
weekly reviews of project budget and schedules and
regular meetings with all project shareholders.
For all projects, either development or capital
improvement, the most important aspect of
management will be to ensure that the City’s interest
is protected to the maximum extent possible. Any
deviation from standards and requirements will be
referred to the Public Works Director and TKE will
implement direction given by City staff.
For development projects, project requirements and
project schedule compliance will be important.
Project requirements will be assessed by the plan
checker and presented to the City’s management
staff (i.e. Development Services Director). Upon
receipt of direction from City administration, the
Plan Checker will be responsible to verify that
development is completed in compliance with those
project requirements. TKE’s effective project
management techniques will ensure that compliance
will occur.
For developers, time is money. For the City,
development assists the City’s economic engine.
Therefore, maintaining the project schedule will be
one of the most important tasks for the plan check
process. Further, maintaining excellent
communications will prevent any project processing
misunderstandings leading to project delays. TKE
management techniques will result in efficient
project delivery.
TKE’s management approach includes:
Monthly Progress Reports – TKE documents project
progress for all plan check projects assigned to TKE
by a comprehensive plan check summary log. The
summary log includes project name and related
number, plan description, plan check number, date
of receipt, due date, return date and notes.
Communication – Communications with agencies’
staff is another important component to effective
project management. In addition to the monthly
progress reports, TKE meets with clients as needed
to ensure the projects are proceeding as
anticipated. We document each discussion or
meeting with notes and electronically mail them to
the project team within three days of the
meeting/conference indicating action items and a
schedule for completion of these items.
Record Keeping – TKE keeps records in an organized
filing system both in hard copy and electronic
forms. This organized filing system allows TKE to
access records immediately should they be needed.
Meetings – TKE meets with project stakeholders as
needed. We meet with them upon request and
throughout the course of plan checking to ensure all
comments are properly addressed and considered in
the project design. All meeting preparation
(agendas, exhibits, slide shows, etc.) will be prepared by TKE for each meeting. Again, meetings will be
documented. TKE has provided numerous meetings
with other consultants and developers to adequately
convey the City design requirements.
Team Meeting – Team meetings include all parties
that have any interest in the project development. In
particular, the City’s Engineering and Public Works
Departments will be a close working partner with
TKE in determining plan check requirements and
conditions for development and capital projects.
P LAN AND M AP C HECKING
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SECTION E | WORK APPROACH
TKE has provided numerous municipalities and
agencies throughout Southern California with
consulting services and staffing for every facet of
Public Works for the past 23 years. In addition, we
have worked on multi-million-dollar regional mega
projects for a variety of government agencies and
master planned developments with more than
15,000 homes. TKE recognizes the importance of
staffing based on a client’s need and workload. Our
flexible support and qualified plan check staff
enables our clients to serve their community in a cost
effective and efficient manner.
TKE provides experienced, highly qualified staff with
significant technical expertise and strong public
relations skills for plan and map checking. TKE is fully capable of providing plan and map checking staff on
a full-time, part-time, on-call, interim, or project
specific basis. Please refer to our project team
presented below together with our corporate
resumes to verify our team’s technical ability to
deliver these services.
TKE has provided similar services to those requested
here for a number of different agencies. TKE
understands that City’s development and capital
improvement standards were developed to meet the
needs of that particular community. TKE will
develop a thorough understanding of these
standards together with the needs of the
community. For each project that TKE is assigned,
TKE will verify compliance with City
standards. Furthermore, with our extensive
experience, TKE will be able to recommend
improvements to these standards to ensure
expedited project delivery and enhanced public
infrastructure.
R EGULATORY , S UBDIVISION M AP A CT
AND C ITY S TANDARDS C OMPLIANCE
Another primary function of the Plan Checker is to
verify compliance with all aspects of federal, state,
and local laws as well as the subdivision map act and
City standards. TKE is already well versed with
federal, state and local development law and the
map act requirements. Furthermore, TKE is
extremely knowledgeable of City standards as we
have been providing municipal services for 23 years
and will verify that all design related to engineering
components are prepared in accordance with these
requirements and standards. TKE Team staff will also
take initiative to become expert-level users of the ePlan Soft system to ensure reviews of all improvement plans, technical studies, and other
documents are performed to the City’s satisfaction.
C OMMUNICATION
TKE provides effective project management of plan
checking services to a variety of clients. We have
successfully delivered plan and map checking
services for extensive and highly visible developer
and CIP street improvement, traffic improvement,
drainage improvement, water, wastewater and
facility improvement projects for the Counties of San
Bernardino and Riverside, Cities of Pico Rivera,
Upland, Fontana, Hesperia, Banning, Calimesa,
Corona, Pico Rivera, Adelanto, Highland, Yucaipa,
Rialto, Redlands, El Monte, Azusa, South El Monte,
and Wildomar. TKE’s approach has consistently
allowed our partner agencies to fulfill their missions
of delivering the best value for the public’s
investment.
D IGITAL AND S TANDARD P LAN
C HECKING S ERVICES
ǻ Street and Storm Drain Improvements
ǻ Grading, Erosion Control and/or Drainage
Plans
ǻ Construction Detour Plans
ǻ Striping and Signing Plans
ǻ Bridge or Retaining Wall Structures not under
Building Permit purview
ǻ Consistency with Other Planned
Improvements
ǻ Final and Parcel Maps
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On-Call Plan Checking Services
City of Pico Rivera
SECTION E | WORK APPROACH
ǻ Easement, Dedications
ǻ Vacations, Quitclaims
ǻ Lot Line Adjustments
ǻ Parcel Mergers
ǻ Water Quality Management Plans
P LAN C HECK S UBMITTAL I TEMS AND
R EPORTS
ǻ Road Structural Section Components
ǻ Hydrology and Hydraulic Calculations and
Reports
ǻ Street Layout Design
ǻ Structure Calculations not under Building
Permit purview
ǻ Traffic Reports or Studies
ǻ Quantity Estimates
ǻ Engineer’s Cost Estimates
ǻ Soils/Geological Reports
ǻ Compliance With Current NPDES Permits
T ECHNICAL S PECIFICATIONS FOR
P ROPOSED I MPROVEMENTS IN C ITY
R OAD R IGHT OF W AY
ǻ Road Structural Section components
ǻ Trench backfill and restoration
ǻ Storm Drain line and appurtenances
ǻ Traffic Signal components
ǻ Signing and Striping
D EVELOPMENT S ERVICES
As discussed previously, TKE has extensive
experience with Public side development services
processing. TKE will provide:
ǻ Project Screen Checks
ǻ Respond to Development Inquiries
ǻ Accept Project Submittals
ǻ Review Submittals for Completeness
ǻ Perform Administrative Reviews
ǻ Determine Project Impacts
ǻ Determine Project Impact Fees
ǻ Develop Project Conditions of Approval
ǻ Assist Planning in Preparation for Planning
Commission Consideration
ǻ Review Environmental Documents
ǻ Prepare Council Agenda Reports
ǻ Review Plan and Maps for Regulatory
Compliance
ǻ Review Cost Estimates for Required Bonding
ǻ Prepare Development Agreements
ǻ Oversee Inspection of Construction
ǻ Review Grading Certifications
ǻ Review As-Built Plans
ǻ Assist with Other Development Related
Issues
C IVIL E NGINEERING
TKE regularly provides design services on a wide
variety of public works improvement projects. TKE’s
Civil Engineering projects have included:
ǻ Local Streets and Road Design
ǻ Street Widening
ǻ Traffic Signal Design
ǻ Traffic Studies and Warrant Analysis
ǻ Traffic Impact Studies
ǻ Pavement Rehabilitation
ǻ Pavement Management Systems
ǻ Grading Studies, Design and Earthwork
Analysis
ǻ Capital Improvement Programs (CIPs)
ǻ Neighborhood Improvement Preservation
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On-Call Plan Checking Services
City of Pico Rivera
SECTION E | WORK APPROACH
ǻ Hydrologic Studies / Hydraulic Design
ǻ Storm Water Pollution Prevention Plans
(SWPPP)
ǻ Sediment and Erosion Control Facilities
ǻ Hydromodification Studies / Water Quality
Management Plans (WQMPs)
ǻ Storm Drainage Infrastructure Planning and
Design
ǻ Retention / Detention Basins
ǻ Storm Drain and Channels
ǻ Sanitary Sewer Infrastructure Planning and
Design
ǻ Sanitary Sewer Gravity Main, Force Main, and
Lift Stations
ǻ Potable and Recycled Water Infrastructure
Planning and Design
ǻ Water System Reservoirs and Pumping
Facilities
ǻ Filtration Systems
ǻ Floodplain Analysis and Mapping
T RAFFIC E NGINEERING S ERVICES
TKE proudly serves the following services related to
traffic engineering projects:
Transportation Engineering
ǻ Planning Studies
ǻ Review Traffic Impact Studies
ǻ Grant Funding Applications
ǻ Signing and Striping Plan Review and
Preparation
ǻ Development Review including Drainage
Studies and WQMP
ǻ Prepare Project Conditions of Approval
ǻ Other Services as Requested
ǻ Traffic Control Plan Review and Preparation
Roadway/Highway Engineering
ǻ Roundabout Design
ǻ Drainage Analysis and Hydrology Reports
ǻ Environmental Studies and Reports
ǻ Quantity and Cost Estimates
ǻ Roadway/Highway Engineering Plans and
Specifications
ǻ Erosion Control and WQMP Plans
ǻ Right-of-Way Maps and Documents
ǻ Agreements
ǻ Land surveys
ǻ Public Outreach
ǻ Other Services as Requested
Traffic Engineering
ǻ Traffic Engineering Design
ǻ Sign and Striping Plan Design
ǻ Traffic Control
ǻ Warrant Analysis
ǻ Other Services as Requested
In compliance with the City’s TIA Guidelines, TKE will
also provide quality traffic analysis services by
preparing detailed plans, documents, and technical
studies to determine impact and mitigations
regarding traffic circulation.
S URVEYING , M APPING , AND R IGHT -
OF -W AY E NGINEERING
TKE provides Land Analysis services for many
projects. TKE’s Director of Survey for the past
decade, Ron Musser, P.L.S., will also provide
signatures on map statements as the City Surveyor
per the City’s requirements Our Surveying and
Mapping experts provide the following services:
ǻ Transportation Improvements
ǻ Land and Real Estate Evaluations
ǻ Grade Separations
ǻ Street Widening
ǻ Construction Layout/Staking
ǻ Right-Of-Way Engineering
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On-Call Plan Checking Services
City of Pico Rivera
SECTION E | WORK APPROACH
ǻ Boundary Surveys
ǻ Construction Surveys
ǻ Design Surveys
ǻ Legal Description Surveys
ǻ Aerial Mapping
ǻ A.L.T.A. Surveys
ǻ Topographic Surveys
ǻ Control Surveys
ǻ Easement Surveys
4. PROJECT
EXPERIENCE
Throughout our history of 23 years serving the
Southern California region, we have provided multidisciplinary public works inspection and plan checking, planning, design and construction support
services for large and small projects. We have
successfully completed plan checks for complex and
challenging projects for a variety of municipal
agencies who have continued to request that we
partner with them in delivering much needed
infrastructure to their communities.
S IMILAR S ERVICES
TKE continues to provide municipalities and agencies
with developer plan checking services and staffing
for every facet of development and public works
projects. TKE recognizes the importance of staffing
based on a client’s need and workload. Our flexible
support and qualified staff enable our clients to serve their constituents in a cost-effective and efficient
manner.
A few examples of similar services provided by TKE
are the City of Colton, City of Hesperia, the City of
Calimesa, the City of Highland, and the City of
Wildomar. Each are discussed below:
Colton - TKE provides on-call plan and map checking
services to the City. TKE has provided plan checking
services for the CalPortland/Colton Cement Plant
development project, Agua Mansa Road Parcel Map
19741, 1350 Reche Canyon Road, and 1600 East
Ashley Way Parcel Map 20080, all located within the
City. TKE’s services included performing
development project screen checks, responding to
development community inquiries, performing plan
and map checking for grading, street, drainage,
hydrology, and hydraulics, as well as many other
municipal development related services. TKE has
been providing plan and map checking services to
the City since 2017.
Hesperia – TKE serves the City of Hesperia as its City
Engineer. TKE is responsible for all engineering
activities performed by City staff including design,
survey, plan and map checking, traffic engineering,
grant assistance, project management, inspection,
development services, CIP development and its
design and implementation.
Calimesa – TKE serves the City of Calimesa as its City
Engineer. TKE is responsible for all engineering
activities performed by City staff including design,
survey, plan check, map check, traffic engineering,
project construction management, inspection and
grant assistance for development services, CIP
development and its implementation.
Highland – TKE provides on-call plan and map
checking, civil engineering and inspection services to
the City of Highland for Capital Improvement project
coordination, planning and implementation. TKE is
assisting the City Engineer with more than $7 million
in Capital Improvements projects for the current
fiscal year. While providing these services to the
City, TKE prepared numerous grant applications,
performed plan checking on Capital Improvement
projects, represented the City with other agencies at
numerous meeting, represented engineering with
the City’s council and other public meetings,
managed engineering budgets and project
schedules, prepared and acquired right-of-way,
managed funding programs, provided plan and map
checking for capital improvement projects, provided
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On-Call Plan Checking Services
City of Pico Rivera
SECTION E | WORK APPROACH
construction management and inspection services,
provided public relations and various related work.
Wildomar – TKE is currently providing on-call plan,
map and WQMP checking services to the City of
Wildomar for numerous development and Capital
Improvement Projects. In addition, TKE currently
provides on-call design and construction
administration services on capital improvement
projects within the city. TKE has been providing plan
and map checking services to the City since 2014.
5. QUALITY
CONTROL/QUALITY
ASSURANCE
TKE takes pride in our reputation for thoroughness,
rapid turnaround, cost efficiency and overall quality
of work, and believes that a high level of quality is
needed on all services. High quality review yields the
following tangible results:
ǻ Ease of Oversight
ǻ Accurate Analysis
ǻ Smoother Processing
ǻ Minimized Construction Support Cost
ǻ Absence of Design-Related Change Orders
ǻ Reduced Claims and Dispute Resolution Costs
TKE believes that the most successful quality
assurance program is one that is applied inherently
throughout the entire design process and all design
activities. This program requires not only formal
procedures for checking, but encourages the
conscientious effort of experienced people to always
“create quality” in every task performed throughout
the design process.
This program has become a natural element in all
aspects of TKE’s traffic related design and
management activities, and will guide our work on
this contract:
ǻ Staff Training and Development
ǻ Assignment of Experienced Staff
ǻ Continuity of Staffing
ǻ Project-Specific Work Plan
ǻ Schedule Compliance
ǻ Comprehensive Field Review and
Compilation of Site Data
ǻ Established Design Procedures
ǻ Established Detailing Standards
ǻ Established Checking Procedures, Including
Independent In-House QA/QC Review
ǻ Dual (Independent) Quantity Estimates
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On-Call Plan Checking Services
City of Pico Rivera
SECTION F | CLIENT REFERENCES
SECTION F | CLIENT REFERENCES
Please see the Table below for a small, but representative list of agencies who have and continue to request TKE to assist them in delivering valuable projects to their communities. We respectfully request that you verify our qualifications with the listed references.
AGENCY CONTACT NAME CONTACT INFO DATES OF
SERVICE
City of Upland
1370 N. Benson Avenue
Upland, Ca 91786
Bob Critchfield
Engineering Manager
P: (909) 291-2946
[email protected] 2000 – Present
City of Hesperia
9700 Seventh Avenue
Hesperia, Ca 92345
Mr. Nils Bentsen
City Manager
P: (760) 947-1901
[email protected]
2016 – Present
City of Fontana
16489 Orange Way
Fontana, Ca 92335
Mr. Phil Burum
Deputy City Manager
P: (909) 350-6727
[email protected]
2000 – Present
San Bernardino Municipal Water
Department
1350 S E Street
San Bernardino, Ca 92408
Mr. Ted Brunson
Water Utility Director
P: (909) 684-7580
[email protected] 2003 – Present
City of Calimesa
908 Park Avenue
Calimesa, Ca 92320
Mr. Will Kolbow
City Manager
P: (909) 795-9801
[email protected] 2012 – Present
City of Highland
27225 Baseline
Highland, Ca 92346
Mr. Carlos Zamano
Public Works Director
P: (909) 864-6861
[email protected]
2014 – Present
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On-Call Plan Checking Services
City of Pico Rivera
SECTION G | RIGHTS TO MATERIALS
SECTION G| RIGHTS TO MATERIALS
TKE Engineering Inc. acknowledges that all reponces, inquiries abd correspondence relating to this RFP and all reports, charts, displays, schedules, exibits, and other documentation produced by the Consultant that are submitted as part of the Proposal and not withdrawn shall, upon receipt by City, become property of City.
Page |36
On-Call Plan Checking Services
City of Pico Rivera
SECTION H| SCHEDULE OF HOURLY RATES
SECTION H | SCHEDULE OF HOURLY RATE
On-Call Plan Checking Services
City of Pico Rivera
APPENDICES
APPENDICES
On-Call Plan Checking Services
City of Pico Rivera
APPENDIX A | NON-COLLUSION AFFIDAVIT
APPENDIX A | NON-COLLUSION AFFIDAVIT
Professional Services Agreement
TKM ENGINEERING