CITY COUNCIL MEETING DATE: 10/06/2026
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consider awarding a Professional Services Agreement to IMEG Consultants Corporation for Phase 1 of the City Hall Emergency Backup Power System Replacement Project.
RECOMMENDED COUNCIL ACTION:
(1) Award a Professional Services Agreement (PSA) to IMEG Consultants Corporation (IMEG) for Condition Assessment and Preliminary Design Services (Phase 1) to Replace the City Hall Emergency Backup Power System in the amount of $26,855, and authorize a 15% contingency of $4,029, for a total authorization sum of $30,884 over a maximum term of six months; (2) Authorize the Mayor to execute the PSA in a form approved by the City Attorney; and
(3) Approve an additional appropriation of $31,000 from the Capital Infrastructure Projects (CIP) Fund for the project.
FISCAL IMPACT: The recommended Council action will result in an expenditure sum of $30,884, which includes a 15% contingency. This project was not included in the adopted FY 2026-27 Capital Improvement Program (CIP) budget. Due to urgent need to sustain the continuity of City operations, Staff recommend funding Phase 1 services through the CIP Fund. If approved, an additional appropriation of $31,000 is needed from the CIP Fund. VR
Amount Budgeted: $0
Additional Appropriation: $31,000
Account Number(s): [330-400-TBD-8802]
[CIP FUND – Other Improvements] VR
ORIGINATED BY: Cesar Rodriguez, Project Manager
REVIEWED BY: David Copp, PE, Interim Public Works Director APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Agreement with IMEG Consultants Corporation (page A-1) 1 CITYOF RANCHO PALOS VERDES
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B. Proposal from IMEG Consultants Corporation (page B-1) C. Request for Qualifications for Design and Engineering Services for the City Hall Emergency Backup Power System Replacement Project (page C-1) D. List of Prospective Firms (page D-1)
BACKGROUND:
Rancho Palos Verdes City Hall (City Hall) serves as the central hub for the City’s daily operations, the primary location of the City’s Emergency Operation Center (EOC), and the City's data infrastructure. As such, continuous electrical power to City Hall is required to sustain the continuity of City operations during both normal and emergency scenarios when power from the utility grid is either unreliable or unavailable.
City Hall is served by an Emergency Backup Power System (System) that was installed in 2006. The System includes a liquefied natural gas (LNG) fueled standby generator, an automatic transfer switch (ATS) needed to switch between the utility grid and the backup power system, appurtenant medium voltage energy handling and distribution equipment, and an on-site stationary propane fuel supply. The existing LNG generator tests automatically every month to ensure it will function when needed.
DISCUSSION:
A condition assessment of all City-owned facilities conducted by a consultant between 2022 and 2023 determined that the system was in “fair” condition and as such was not considered by staff to be in need of significant repairs, upgrades or replacement within the next five fiscal years. However, the System is located outdoors, adjacent to City Hall buildings, where its exposure to the marine outdoor environment and recent years of above-average rainfall and atmospheric moisture likely shortened its life span.
Additionally, replacement parts for the System relative on its era of manufacture are becoming increasingly difficult to source.
The System has recently experienced several operational failures requiring emergency repairs as follows:
• On July 2, 2026, during routine checks of the System, the generator was observed to be out of service with a significant fuel line leak, failed water pump and leaking radiator. As a result, City Hall had no functioning backup power system until replacement parts could be procured and delivered.
• On July 14, 2026, the above-described replacements arrived with the exception of the radiator which would not be available and delivered for another two to three months. As a temporary measure, a rental generator was secured to provide temporary backup power.
• On July 17, 2026, during testing of the temporary generator system, additional issues identified electrically downstream of the temporary generator required emergency repairs that evening. This resulted in a complete power outage at City 2 Hall during the evening non-business hours for approximately 30 minutes, during which City data and network resources were unavailable at City facilities. • On July 20, 2026, the generator was repaired and returned to service, and the temporary generator was removed.
• On August 1, 2026, the refurbished ATS control panel installed by Duthie Electric malfunctioned and transferred City Hall to backup power even though utility power remained available. Corrective wiring work resulted in the servers being offline for approximately 45 minutes. The refurbished ATS was taken out of service, and the temporary ATS was reconnected later that day, restoring emergency backup capability.
The costs incurred to address the operational failures described above are $4,055 to repair the System and $14,000 for rental equipment, for a total cost of $18,055.
In relation to the critical functions of City Hall, the conditions and failure instances described above demonstrate the urgent need to plan for its replacement. Replacement of the System is a complex endeavor; as factors such as generator selection, generator sizing, the interconnection scheme with City Hall’s primary power source, energy distribution sizing, downstream equipment protection (for computers, facility lighting, security systems, etc.), and conformance with the latest building code requirements and emissions standards have to be evaluated in order for a replacement system to be appropriately scoped, designed, procured and installed.
On August 7, 2026, Staff advertised a Request for Qualifications (RFQ) for electrical engineering assessment, design, construction document preparation, and construction support services for the System replacement project (Attachment C). The RFQ was posted online via PlanetBids, and Staff notified firms known to provide electrical engineering services.
The RFQ contemplated a two-phase approach: Phase 1 includes a complete and detailed assessment of the existing System to identify and understand existing conditions, investigate operational deficiencies, identify and evaluate critical facility electrical loads, and develop a complete set of recommendations for Staff’s consideration to inform the detailed design phase (Phase 2). Phase 2 includes detailed engineering and design, preparation of construction documents, and technical support during bidding and construction. The scope of services is more thoroughly described in the attached RFQ (Attachment C).
Of the list of 10 prospective interested firms (Attachment D), proposals were received from 7 firms by the RFP deadline, and an evaluation panel of four Staff members scored and ranked the proposals as follows:
3 Continued on next page
Table 1: RFQ Scoring Summary
In conformance with State Government Code §§ 4525–4529.5, state and local agencies must select professional service firms for engineering services based on demonstrated competence and professional qualifications, rather than selecting a firm based primarily on cost.
As such, staff then began negotiations with the top ranked firm, IMEG, for a fee proposal and refined scope for Phase 1 only (Attachment B).
IMEG proposed a not-to-exceed fee of $26,855 for completing Phase 1 of the services.
Staff compared IMEG's proposed hourly rate schedule to existing active City contracts with design and engineering firms and determined their rates to be consistent, fair and reasonable. Additionally, Staff conducted a reference check with another local public agency that was recently a client of IMEG on a similar facility backup power project of comparable scope and size. The reference agency reported a favorable experience with the services IMEG provided and that IMEG's pricing for the project was comparable with the fee proposed to the City for completing Phase 1.
Attached for City Council consideration is the PSA with IMEG (Attachment A). Following IMEG’s completion of Phase 1, Staff will review IMEG's findings and recommendations and, if appropriate, negotiate a scope and fee for Phase 2 and return to the City Council for authorization to proceed. This approach allows the scope of the subsequent design work to be informed by the condition assessment and engineering analysis completed during Phase 1; thereby avoiding the uncertainty of pricing both Phase 1 and 2 at this stage of project development.
4 ~ll·o.1.,~~11. I ..... 1111 ~•..1 ■ 11111 - - 1iIID'WI:ll~ • ii::, ,r;.111 a. ,-,.11:r.rM·~11,i(;l~;.1 - - - - - .-•• _..!.,. • 1:.-11111~~ /MEG PBS Ayru Budlong& YAO IDS Group, Borrelli and
Consultants Engineers, Associates Associates, Engineering, Inc. Associates Corp. Inc. Inc. Inc. Inc. Inc.
Raw Final Raw Final Raw Final Raw Final Raw Final Raw Final Raw Final Criteria Value Score Score Score Score Score Score Score (0-10) Score (0-10) Score (0-10) Score (0-10) Score (0-10) Score (0-10) Score (0-10) Score Approach to 20% 8.5 1.7 8.75 1.75 8 1.6 7.75 1.55 8.25 1.65 5.5 1.1 4.5 0.9 Scope of Services Proposal Schedule 10% 7.5 0.75 6.63 0.66 5.25 0.53 8 0.8 7.38 0.738 6.25 0.63 3.25 0.325 Staff Qualifi cations 40% 9 3.6 8 3.2 8.75 3.5 7.75 3.1 7.5 3 7.75 3.1 5 2 & Experience Organizati on & 15% 8.25 1.24 7.5 1.13 6.25 0.94 6.75 1.01 6.25 0.938 6.75 1.01 5 0.75 Staffi ng Quality Control 15% 6.25 0.94 6.25 0.94 6.5 0.98 6.25 0.94 5.25 0.788 5.5 0.83 3.5 0.525 Totals 100% 8.225 7.675 7.5375 7.4 7.11 25 6.6625 4.5
The project schedule anticipates starting Phase 1 in October 2026 and completing the work in December 2026.
The project was not included in the adopted FY 2026-27 CIP budget. However, given the critical importance of having a functioning generator, recent failures of the existing generator, and the need to evaluate it, Staff recommend proceeding with the work at this time.
CONCLUSION:
The City Council is being asked to consider approving an additional appropriation of $31,000 and award a PSA to IMEG for Phase 1 in the amount of $26,855, and authorizing a 15% contingency of $4,029, for a total authorization sum of $30,884.
ALTERNATIVES:
In addition to Staff's recommendation, the following alternative actions are available for the City Council's consideration:
1. Do not award a PSA to IMEG and direct Staff to re-solicit proposals.
2. Direct Staff not to proceed with the project at this time.
3. Take other action, as deemed appropriate.
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PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
IMEG Consultants Corp.
for
City Hall Emergency Backup Power System Replacement – Electrical Engineering Assessment and Design Services
01203.0001/835260.1 1
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
IMEG CONSULTANTS CORP.
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and entered into on October 6th, 2026 by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation (“City”) and IMEG Consultants Corp., a New York corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Qualifications, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services”, as stated in the Proposal, attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended.
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For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s Proposal which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such Proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for A-3
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work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
(d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that 8 (eight) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 (eight) hours in any one calendar day and 40 (forty) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 (eight) hours per day, and 40 (forty) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and 1½ (one and one half) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Consultant’s Authorized Initials
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer in the form of a Change Order.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes A-5
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of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.9 Additional Services
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written Change Order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant.
Any increase in compensation of up to 15% (fifteen percent) of the Contract Sum; or, in the time to perform of up to 90 (ninety) working days, may be approved by the City Manager through a written Change Order. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
If in the performance of the Services, the Contractor becomes aware of material defects in the Scope of Work, duration, or span of the Services, or the Contractor becomes aware of extenuating circumstance that will or could prevent the completion of the Services, on time or on budget, the Contractor shall inform the City’s Contract Officer of an anticipated Change Order.
This proposed change order will stipulate the facts surrounding the issue, proposed solutions, proposed costs, and proposed schedule impacts.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $26,855 (Twenty Six Thousand Eight Hundred and Fifty Five Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
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2.2 Method of Compensation.
(a) The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, and (b) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
(b) A retention of 10% shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory and timely completion of services. This retention shall not apply for on-call agreements for continuous services or for agreements for scheduled routine maintenance of City property or City facilities.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice, using the City template, or in a format acceptable to the City, for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within 45 (forty-five) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
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2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer through a Change Order, but not exceeding 60 (sixty) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within 10 (ten) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 6 months except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
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The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Joshua M. Massey Principal / Project Executive
(Name) (Title)
Nestor Ignacio Senior Electrical Engineer
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only the personnel included in the Proposal to perform services pursuant to this Agreement.
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. City shall have the right to approve or reject any proposed replacement personnel, which approval shall not be unreasonably withheld.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Cesar Rodriguez, Project Manager (Facilities), or such person as may be designated by the Director of Public Works. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required A-9
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hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City; all subcontractors included in the Proposal are deemed approved. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City.
Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more 25% (twenty five percent) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has A-10
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not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and nonA-11 Docusign Envelope ID: 81C1B0F6-8377-89FD-817A-81796D629F23 01203.0001/835260.1 11
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain and continuously maintain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a 30 (thirty) day notice of cancellation (except for nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall A-12
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be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant 90 (ninety) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in A-13
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connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be A-14
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maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
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(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is 15 (fifteen) calendar days, but may be extended, though not reduced, if A-16
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circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary A-17
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provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) calendar days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event of termination without cause pursuant to this Section, the City need not provide the Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Party.
If termination is due to the failure of the other Party to fulfill its obligations under this Agreement:
(a) City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. (b) Consultant may, after compliance with the provisions of Section 7.2, terminate the Agreement upon written notice to the City‘s Contract Officer. Consultant shall be entitled to payment for all work performed up to the date of termination.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION A-18
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8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in 72 (seventy two) hours from the time of mailing if mailed as provided in this section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
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No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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Docusign Envelope ID: 81C1B0F6-8377-89FD-817A-81796D629F23 01203.0001/835260.1 21
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Paul Seo, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William Wynder, City Attorney
CONSULTANT:
IMEG Consultants Corp., a New York
corporation
9/29/2026
By:
Name: Josh Massey
Title: Principal | Project Executive
By:
Name: Nestor Ignacio
Title: Project Manager | Lead Electrical Engineer
Address: 901 Via Piemonte, Suite 400 Ontario, CA 91764
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
A-22
Docusign Envelope ID: 81C1B0F6-8377-89FD-817A-81796D629F23 01203.0001/835260.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Phase 1 – Electrical Assessment of Existing System. Consultant will review the City’s existing backup power system and provide recommendations addressing the following: (1) the existing emergency natural-gas generator, including maintenance records documenting operational issues; (2) the existing automatic transfer switch (ATS), including maintenance records documenting operational issues; (3) investigation of the potential source(s) of the power surge(s) at the switchgear downstream of the pull box, including temporary power-quality monitoring where appropriate; (4) the server rooms’ momentary power lag when the emergency generator starts and the system transfers to standby power; and (5) recommendations to ensure critical electrical loads, including the server rooms, experience no interruption of power in the event grid power is lost, together with recommendations to restore system reliability, protect critical City equipment from damage, harden the equipment against the coastal environment, and provide realtime analytics and monitoring of system status. Consultant’s services will include:
non-invasive site investigation and verification of existing systems; an electrical load analysis to establish actual and anticipated emergency loads; development of an electrical system model to support short-circuit, protective-device coordination, and arc-flash analysis as warranted; and a planning-level (ROM) construction cost estimate for the recommended improvements.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. A report presenting Consultant’s findings and recommendations, delivered to the City in electronic format (PDF).
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
A. Consultant will attend meeting(s) with City staff to discuss its findings and recommendations.
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A.
A-23
Docusign Envelope ID: 81C1B0F6-8377-89FD-817A-81796D629F23 01203.0001/835260.1 A-2
Name Role
Josh Massey, LEED AP BD+C, CxA Principal / Project Executive Nestor Ignacio, PE Project Manager / Lead Electrical
Engineer
Christian Guynes, PE Lead Mechanical Engineer
Shayan Bigdeli, PE Lead Plumbing Engineer
Craig Chamberlain, MS, PE, SE Lead Structural Engineer
Arvin Salbilla Electrical Designer
VI. Phase 2 – Design and Construction Documents. Phase 2 work is not currently part of the Scope of Services.
Following completion of Phase 1 and the City’s review and acceptance of Consultant’s findings and recommendations, and at the City’s request, Consultant may choose to prepare a proposed scope, fee, and schedule for Phase 2 services based on the improvements identified through the Phase 1 assessment. Consultant anticipates that Phase 2 services will include preparation of design and construction documents, bidding support, and construction-phase services necessary to implement the recommended improvements. Consultant will perform Phase 2 services only after the negotiated scope, fee, and schedule have been incorporated into this Agreement by written amendment, approved by the City Council, and the City has issued a Notice to Proceed.
A-24
Docusign Envelope ID: 81C1B0F6-8377-89FD-817A-81796D629F23 01203.0001/835260.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text indicated in bold italics, deleted text indicated in strikethrough.
A-25
Docusign Envelope ID: 81C1B0F6-8377-89FD-817A-81796D629F23 01203.0001/835260.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
Task Description Fee
1 Phase 1 – Electrical Assessment of Existing System
(per Consultant’s Proposal No. P48733 Rev.2, dated
September 25, 2026, attached as Exhibit E) – Fixed
Fee
$26,855.00
Base Scope Subtotal $26,855.00
Contingency (15%) $4,029
Total Contract Sum $30,884
Reimbursable Expenses: The following expenses are not included in the fixed fee above and will be invoiced at 1.1 times actual cost, subject to the Contract Sum:
postage and delivery charges; reproduction costs for hard copies of drawings, specifications, and reports; and necessary subconsultants as approved in writing by the City. Travel expenses are included in the fixed fee.
Additional Services: The following services are not included in the fixed fee above and, if required, will be performed on a time-and-materials basis at Consultant’s standard hourly rates (Exhibit C-1) or for a negotiated fee, only after written approval by the City: detailed takeoff cost estimating or review of detailed cost estimates prepared by others.
Following completion of Phase 1 and the City’s review and acceptance of Consultant’s findings and recommendations, Consultant may be requested to develop a proposed scope, fee, and schedule for Phase 2 services based on the improvements identified through the Phase 1 assessment. If approved by the City, the negotiated Phase 2 scope, fee, and schedule will be incorporated into this Agreement by written amendment, subject to City Council approval. Phase 2 compensation is not included in the current Contract Sum, and Consultant shall not commence Phase 2 services until the amendment has been fully executed and the City has issued a Notice to Proceed.
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A-26
Docusign Envelope ID: 81C1B0F6-8377-89FD-817A-81796D629F23 01203.0001/835260.1 C-2
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line itemsfor all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
A-27
IMEG 2026 STANDARD H OURLY RATES - SM EPT/ Cx
(rates adjusted annually)
Senior Client Executive/ Senior M arket $360 Senior Construction Administrator Director/ VP Construction Administrator
Client Execuuve / Merkel Director $330 Field Technicl6n 2 Pro1ect ExecutNe $310 Field Technicl6n 1
Senior Pro1ect Manager 2 $275 Pro1ect Coordinator
Senior Project Manager 1 $255 Structural Inspector of D1st1nct1on Engineer of Distinction $295 Senior Structural Inspector Senior (Engineer/ Planner/ Consultant) 3 $270 Structural Inspector 3 Senior (Engineer/ Planner/ Consultant) 2 $240 Structural Inspector 2 Senior (Engineer/ Planner/ Consultant) 1 $220 Structural Inspector 1 Pro1ect \Engineer/ Consultant) 2 $200 Senior Virtual Design Coordinator 2 Project {Engineer/ Consultant) 1 $185 Senior Virtual Design Coordinator 1 (Graduate Designer/ Consultant / Planner/ $1 55 Vinual Design Coordinator 2 Authority/ Analyst) 2 Virtual Design Coordinator 1
(Graduate Designer / Consultant/ Planner/ $1 40 Virtual Design T cchnicien Authority/ Analyst) 1 Administrative Assistant
Designer of D1st1nct1on $250
Senior (Designer/ Authori1y) 3 $230
Senior (Designer/ Authority) 2 $220
Senior (Designer/ Authority) 1 $200
Project {Designer/ Authority! 2 $185
Project {Designer / Authority) 1 $160
{Designer / Authority/ Analyst) 2 $ 145
(Designer/ Authority/ Analyst) 1 $ 135
Design T echnic1an 2 $ 120
Design T echnic1an 1 / Intern $105
*These rates arc for staff located in the office providing the rates. Staff based in one of IMEG's other offices may have different billing rates. These rates can be provided uoon reouest. $220
$190
$180
$165
$150
$295
$165
$150
$135
$120
$165
$155
$150
$135
$120
$105
Docusign Envelope ID: 81C1B0F6-8377-89FD-817A-81796D629F23 01203.0001/835260.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
A. Phase 1:
Assessment &
Technical
Memo
Days to Perform Deadline Date
40 working days 12/09/2026
B. Phase 2: Design
& Construction
Documents
(60/90/Final)
TBD TBD
II. Consultant shall deliver the following tangible work products to the City by the following dates.
A. Phase 1 Technical Memorandum – 8 weeks from NTP
B. Phase 2 Final Construction Documents – TBD
C. Bid-Ready Documents – TBD
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. Any further extensions require City Council approval.
A-28
Docusign Envelope ID: 81C1B0F6-8377-89FD-817A-81796D629F23 01203.0001/835260.1 D-2
EXHIBIT “E”
Consultant’s Proposal
Continued on next page
A-29
Docusign Envelope ID: 81C1B0F6-8377-89FD-817A-81796D629F23 01203.0001/835260.1 D-3
September 25., 2026 Rev.2
Cesar Rodriguez
City of Rancho Palos Verdes, CA
Via Email: [email protected]
Re: Proposal for Study Services
City of Rancho Palos Verdes, CA
♦MEG
Rancho Palos Verdes City Hall Emerg ncy Standby Power System Assessment Rancho Palos Verdes, California
IMEG Proposal P48733 R2
Dear Cesar:
Tharuc you for the opportunity to submit a Proposal for a study of City Hall Emergency Standby Power System Assessment. Our study services include assessment of the existing electrical system to document existing condition , diagnose and id·ntify current deficiencies, and recommend effective remedies to achieve the project objectives. This proposal includes Phase 1 scope of work onruy.
Study Services
Reviewthe existing backup powersystems and address the following items with recommendatfons:
- The existing emergency natural-gas generator illclttding mamtenance records documenting operational issues.
- The existing automatic transfer switch including maintenance records documenting operational issues.
- Investigate the potentialsource(s) of powersurges at the s,ritchgear downstream of the pull box.
- The server rooms momentary power lag when the emergency generator starts and the system transfers to standby power.
- Provide recommendations to ensure critical electrical loads including l:he server rooms, experience no interruption of power ·in the event grid power is lost. Replacement and reconfiguration of the system [s needed to restore reliability, protec.1: CtiticaID City equ.i.pment from damage, harden the equipment against the coastal environment, and provide real:-time analytics and monitoring of sys1em status.
Site investigation for non-invasive verification on existing systems.
Subconsuttant contractor will provide electric power monitoring for equipment onsite.
A-30
I
Docusign Envelope ID: 81C1B0F6-8377-89FD-817A-81796D629F23 01203.0001/835260.1 D-4
Prepare a shoit repm1 presenting our findings and reoommendations delivered in electronic format (PDF),.
Attend two{2) meetings to discuss our findings and recommendations.
Rougl'l Order of Magnitude (ROM) Cost Estb:nate based on the recommendation findings in the report.
Assumptions
Documentation (i.e. design drawings, maintenance records, etc.) of the existing systems relevant to the strudy scope, which accuml:ely represents the existing conditions,.vvill be provided to IMEG. Et is understood the drnwings are reference only and require field verification.
Priorstudies or reviel>vs v,,m be provided as background information.
IMEG standard format for re[l)orts will be used.
A complete list of 0\-vne r-furrrished equipment will be provided to IMEG, along wwtb utility connection locations, utility loads,.heat dissipated to the space,.disconnect requirement, startstop cont1ds and otlier contractor coordination issues.
En�i.neer of Record! IMEG is not the engineer of record for lPhase 1 of this Project and�therefore,. shaU no, be rosponsible nor liable for the methods, tochniques, procoouros, design plans, drawings, specifications or other work product developed h} any other engine.er of record. IMEG wiU fulfill the .Engineer of Record duties for Phase 2 scope of work.
Compensation
We propose to provide the serviices described above for an hourly not-to-exceed fee of $26,855.
Refer to the attached task and! fee estimate aUocation shee s for hourly breakdowns.
Project E penses
The following expenses are included m the above foe:
• Travel expense..
Additional Services
IMEG can include the follo,ving as additiionaJl .services. Additional senices willbe pe:rformed on a tim and material basis using IMEG's standard hourly rates in effect at the time the service i performed, or for a negotiated fee, and only after approved in writing.. • Engineering design and preparation of construction documents for recommended items as described in the RFQ for Phase 2.
• Design, bidding, and constn1ction phase services as described in the RFQ for Phase 2 scope of work.
Closing
Page :a of7
A-31
Docusign Envelope ID: 81C1B0F6-8377-89FD-817A-81796D629F23 01203.0001/835260.1 D-5
The attad1ed Terms and Conditions dated 09.2024 aremade a pati of this Pl"oposaL This Ptoposal is valid for 45 days from the date of this offer.
We will begin oursen :cesfoUowing acceptance of this Proposal for Services. Aooeptance may be conveyed via email or by signing this offer and returning it to our office. Nonvithstancling the foregoing sentence, if you or members of you.r finn engage IMEG for services for the referenced project, either verbaUy or by actions that imply acceptance of this Prnposal, su.ch as providing drawings, submitting questions, requesting engineering information, etc.., without returning ,1 s:i.g,ned copy ofthis Proposal,.it is expressly agMed that ai.cceptanceof al] terms and conditions of this Proposal will b�impHed and contractualty binding.
IMEG Consultants Corp.
Joshua fass•y, Project ExecutI e
[email protected]
Accepted: City of Rancho Palos Verdes, CA
Cesar Rodriguez
A-32
Docusign Envelope ID: 81C1B0F6-8377-89FD-817A-81796D629F23 01203.0001/835260.1 D-6
2026STANDARD HOURLY RATES- SMEPT/Cx
♦IMEG
(l"a.tes adjusted .mnu.ally)
Senior Client Executive/ Senior M,mket $35[1 Senior Construction Administrator $220 Di1ecto1 / V'P COr"lstrucbion Administrslor $190
Chenl Executive/ rvhuket Director $330 Field "fechniciIm 2 $180 ProJect ecutive $310 F1eld echnimIu, 1 $165
Senior Project Manager 2 $275 Project Coordinator $150
S nior Project Man g·sr 1 $255 Structural lnsp.ector of Distinction $295 Ef"lginee1of Distif"lctiDn $29 Senior Stmctuml Inspector $'165 Senior (Engi11eer f Pllanner / Consult ntl 3 $270 Structural Inspector 3 $160 Senior (En,g1r1eer f Pl�rinerJ Consulttmtl 2 $240 Stlfuctural lnspec or 2 $135 Sen1or ( n g1neer / lariner / Consulterit) 1 $220 Strnctural Inspector 1 $120 Project (Engineer I Consultant) 2 $200 Senior Virtll-fll Design Coordmator 2 $165 Proje (Engineer/ Consul an ) 1 $165 Senior Virtu.fll Design Coordiria or 1 $155 {Grad1..1at9 Designer / Consultsnt / Plsnn9r / $155 Virtual Desi,:in Coordinator 2 $150 Authority / Analyst} 2 Virtual Design Coordinator 1 $135 (Graduate Designer / Consultant / Planner I $14[1 Virtual D0sign Ttidhnici1m $120 Authority/ Analy:::t} 1 Administrative Assistant $10!5
Designer of D1stinGtion $250
Senior (Designer/ Au hority) 3 $230
Senior (O9signBr / Authority) 2 $220
Senior (Designer/ Authority),1 $20[)
Project {Designer/ Authority) 2 $185
Project [Designer/ Authority) 1 $160
[Designer I Authority/ Amilysl) .2 $145
(Designer/ Authority I ArnilystJ 1 $135
Design Techrnc1ari 2 120
Design Technician 1 / In em $105
¼Tb@S£nttl'!S art'!forstaff lm�atoo in the office prmriding the ratl'!s. Staff based in on!'! of IMEG's other offices may have different billing rates. These rates can te provided upon req_ue.st Page7 of7
A-33
Docusign Envelope ID: 81C1B0F6-8377-89FD-817A-81796D629F23 01203.0001/835260.1 D-7
A-34
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Docusign Envelope ID: 81C1B0F6-8377-89FD-817A-81796D629F23 01203.0001/835260.1 D-8
A-35
,t
1il
J
s s s s
s s s s vi
Site Investigations s 1,380 s 1,110 900 s s I mc,view all relevant panies '°' data ootlect"on s s 185 150 s s Rev,ew existing documentation s s 370 600 s s Electrical Monitoring data collection s s 185 150 5.400 s s Elecuical MonilOling repons s s 185 150 1,2 s s T - Condu El ctrical • oE istigSse
1. Investigate. diagnose. and determine the root cause of the power surge detected at the swtchgear downstream of the pull box.. including any power-quality monitoring necessary to characterize the cvet1t. s 205 s 555 $ 750 $ s s va uatc t momentary power ag experience t ,e server ,ooms unng generatOl staft and uansfer. and idcmtify the modifications {e.g., u1fntorruptiblo power supply (UPS) systems, transfer schema changest required 10 achieve no-brnak power to critical loads upon loss of grid power. s s 555 750 s s 3. Assess the condition of the aging ge11erator and ATS and their histo,y of failures and repairs. and evaluate the suitability of reusing the existing propane fuel suppty and fuel p·ping. s s 555 $ 750 $ s s 4. Evaluate the existing equipment's e:,,:posure to the coastal environment and Kient1fy corroslOrHnltigaoon and equipment-hardening measures 8PPfOpnate for a marine semng. s s 370 $ 450 s ; , e orm ane tnca oao ana sis to COll 1rm t e require capacity o ; t e replacement generator, ATS, and any associated distribution equipment. s s 555 750 s s 6, ummarize the assessment, ·ndings, and root-cause conclusions in a Techllical Memorandum, including ixelimiMry recommendations and a planning-level cost estimate for the recommended improve'llents to inform tile City's decision lO p-rocccd with Phase 2. s s 555 750 s s TaskS- Rou hOnlerofMt nmldeCostEstimMes
Estimates for 8ny repair, replacement and upgrad,e costs 1cfentified m the Assessment 230 s 740 s s • Dfaft Repo<t and plesent to staff for review and comment s 230 s 1,110 300 $ 340 s s F,nal RepoH with evaluatmn and recommendation for the recommended improvements to inform the City's decision lo proceed with Pl,3se 2 s s 1,480 300 $ 340 s s Task 1 - Project Management Hou, s 1,150 s 555 s s Task 2 - Pro;ect Kick-O'f tv1eeting Hour s 230 s 185 150 s s Task 3- Data Col lect1on and Review Hour s 1,380 s 2,035 1,950 6,600 s s Task 4 - Conduct Assessment Hour s 205 s 3,145 4,200 s s Task 5 - Cost Estimates Hour 230 s 740 $ s s
Task 6- Report I lour 230 s 2,500 600 $ 680 s s
•lt!il~- IIE·!~I-- Sub 1 ota1$f P§tf}j !Mil¥-! I
Total Per Team Membe:j $ 3.iio Is 205 1 $ s,i5o 11 e.ooo I 1 680 11 e.ooo Ii j $ Is I$ Projec!Total Is 26,855 1
Reimbursables $
Grand Total 1 $ 26,855 I
September 25, 2026 Rev.2
Cesar Rodriguez
City of Rancho Palos Verdes, CA
Via Email: [email protected]
Re: Proposal for Study Services
City of Rancho Palos Verdes, CA
Rancho Palos Verdes City Hall Emergency Standby Power System Assessment Rancho Palos Verdes, California
IMEG Proposal P48733 R2
Dear Cesar:
Thank you for the opportunity to submit a Proposal for a study of City Hall Emergency Standby Power System Assessment. Our study services include assessment of the existing electrical system to document existing conditions, diagnose and identify current deficiencies, and recommend effective remedies to achieve the project objectives. This proposal includes Phase 1 scope of work only.
Study Services
Review the existing backup power systems and address the following items with recommendations:
- The existing emergency natural-gas generator including maintenance records documenting operational issues.
- The existing automatic transfer switch including maintenance records documenting operational issues.
- Investigate the potential source(s) of power surges at the switchgear downstream of the pull box.
- The server rooms momentary power lag when the emergency generator starts and the system transfers to standby power.
- Provide recommendations to ensure critical electrical loads, including the server rooms, experience no interruption of power in the event grid power is lost. Replacement and reconfiguration of the system is needed to restore reliability, protect critical City equipment from damage, harden the equipment against the coastal environment, and provide real-time analytics and monitoring of system status.
Site investigation for non-invasive verification on existing systems.
Subconsultant contractor will provide electric power monitoring for equipment onsite.
B-1
IMEG
Prepare a short report presenting our findings and recommendations delivered in electronic format (PDF).
Attend two (2) meetings to discuss our findings and recommendations.
Rough Order of Magnitude (ROM) Cost Estimate based on the recommendation findings in the report.
Assumptions
Documentation (i.e. design drawings, maintenance records, etc.) of the existing systems relevant to the study scope, which accurately represents the existing conditions, will be provided to IMEG. It is understood the drawings are reference only and require field verification.
Prior studies or reviews will be provided as background information.
IMEG standard format for reports will be used.
A complete list of Owner-furnished equipment will be provided to IMEG, along with utility connection locations, utility loads, heat dissipated to the space, disconnect requirement, startstop controls, and other contractor coordination issues.
Engineer of Record: IMEG is not the engineer of record for Phase 1 of this Project and, therefore, shall not be responsible nor liable for the methods, techniques, procedures, design plans, drawings, specifications or other work product developed by any other engineer of record. IMEG will fulfill the Engineer of Record duties for Phase 2 scope of work.
Compensation
We propose to provide the services described above for an hourly not-to-exceed fee of $26,855.
Refer to the attached task and fee estimate allocation sheets for hourly breakdowns.
Project Expenses
The following expenses are included in the above fee:
• Travel expense.
Additional Services
IMEG can include the following as additional services. Additional services will be performed on a time and material basis using IMEG’s standard hourly rates in effect at the time the service is performed, or for a negotiated fee, and only after approved in writing. • Engineering design and preparation of construction documents for recommended items as described in the RFQ for Phase 2.
• Design, bidding, and construction phase services as described in the RFQ for Phase 2 scope of work.
Closing
B-2
The attached Terms and Conditions dated 09.2024 are made a part of this Proposal. This Proposal is valid for 45 days from the date of this offer.
We will begin our services following acceptance of this Proposal for Services. Acceptance may be conveyed via email or by signing this offer and returning it to our office. Notwithstanding the foregoing sentence, if you or members of your firm engage IMEG for services for the referenced project, either verbally or by actions that imply acceptance of this Proposal, such as providing drawings, submitting questions, requesting engineering information, etc., without returning a signed copy of this Proposal, it is expressly agreed that acceptance of all terms and conditions of this Proposal will be implied and contractually binding.
IMEG Consultants Corp.
Test
/anchor-imeg-author/
Joshua Massey, Project Executive
[email protected]
Accepted: City of Rancho Palos Verdes, CA
Test
/anchor-imeg-client/
Cesar Rodriguez
B-3
Terms and Conditions
1. Definitions:
“Agreement” - Collectively IMEG’s proposal, these Standard Terms and Conditions, IMEG’s Standard Hourly Rates, and any exhibits incorporated expressly by reference, herein. “Change Order” - Any additional Services or change in schedule related to the Project requested by IMEG or Client. “Client” - The party for whom Services are being provided, and its directors, officers, affiliates, employees, and agents.
“Day(s)” - Any day other than Saturday, Sunday, or any other day on which banks in New York are closed. “IMEG” - IMEG Consultants Corp., and its directors, officers, affiliates, employees, and agents. “Losses” - Any loss, liability, claim, damage, cost, expense, and reasonable attorney’s fees. “Party” - Each of IMEG and Client; “Parties” means IMEG and Client collectively. “Project” - The specific project for which Services are performed pursuant to this Agreement. “Project Owner” - The party responsible for the initiation, funding, and oversight of the Project. “Services” - The services or work performed by IMEG in any office location for Client on the Project. “Standard Hourly Rates” - The current hourly rates set by IMEG for Services performed under this Agreement.
2. Standard of Care/Performance: Services provided by IMEG under this Agreement shall be performed in accordance with the professional skill and care ordinarily exercised by professionals practicing under similar circumstances in the same or similar location (“Standard of Care”). It is explicitly understood and agreed that the Standard of Care does not demand perfection, and IMEG will not be responsible for any cost escalations, separate and apart from IMEG’s negligence as defined in Section 11, throughout the Project's duration. Nothing contained in this Agreement or within any certification/representation statement shall obligate, bind, or require IMEG to exercise professional skill and judgment greater than the Standard of Care. IMEG makes no warranty or guarantee, express or implied, and shall not be responsible for any failure to follow or apply any knowledge or techniques which are not generally known or accepted. Should Client seek additional design parameters in contemplation of future climate change, such parameters shall be explicitly outlined in the Services. IMEG shall perform Services pursuant to an agreed-upon schedule as is consistent with the Standard of Care.
3. Information: Except as otherwise defined in the Services, Client shall facilitate the exchange of information among the Project Owner, IMEG, and other service providers as necessary for the coordination of the Project. IMEG shall be entitled to rely on the accuracy and completeness of such information furnished by Client or Client’s other service providers. IMEG shall not be liable for inaccurate data, specifications, or other Project requirements submitted to it by or on behalf of Client. If there are updates or changes to any information provided to IMEG in furtherance of the Services, Client is responsible for advising IMEG's personnel of such updates or changes in writing.
4. Limitation of Responsibilities: IMEG shall not be responsible for, nor have control over or charge of, construction means, methods, coordination, schedules, techniques, procedures, delays, site observation, or review of contractor’s work, or for any health or safety precautions or programs. Client shall indemnify, defend, and hold harmless IMEG for contractor's or subcontractor’s performance or the failure of contractor's or subcontractor’s work to conform to Project design specifications and contract documents.
5. Additional Services: If the Project schedule or scope changes and additional Services are requested, IMEG shall send Client a Change Order and Client must approve such Change Order in writing or electronically prior to IMEG commencing work. Services performed pursuant to a Change Order shall be deemed an amendment to this Agreement and such additional Services shall be performed pursuant to these Standard Terms and Conditions.
IMEG shall not be responsible for any expense associated with any Services that are a betterment or added value to the Project.
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6. Compensation/Payment: Client shall pay IMEG in full for all Services performed and expenses incurred.
Services provided by IMEG on a time and material basis shall be performed in accordance with IMEG’s Standard Hourly Rates, subject to annual update. If Client disputes any portion of an invoice, Client shall notify IMEG in writing within fifteen (15) Days of the invoice date by notice to [email protected]. If no notice is received, Client agrees the invoice is accurate and to pay the amount in full. In no case are invoices subject to unilateral discounting, back-charges, or set-offs, and payment in full is due for Services performed regardless of whether this Agreement or the Project is terminated. Accounts unpaid sixty (60) Days after the invoice date may be subject to a monthly service charge of one- and one-half percent (1.5%) (or the maximum legal rate) on the unpaid balance. If any portion of an account remains unpaid 120 Days after the invoice date, IMEG may stop or pause performance of Services and institute collection action. Client shall pay all costs of collection, including reasonable attorney’s fees. Collection actions and billing disputes shall not be subject to informal dispute resolution procedures as described in Section 8.
7. Ownership/Use of Instruments of Services: All drawings, specifications, BIM, reports, and other work product of IMEG developed for this Project are instruments of service owned by IMEG (“Instruments of Service”).
Upon Client’s payment in full to IMEG for all Services performed and expenses incurred, IMEG shall provide Client with a license to use the Instruments of Service for purposes consistent with the Project. Reuse of any Instruments of Service by Client or any third-party for any other use without the express written consent of IMEG shall be at Client’s sole risk. Client shall indemnify, defend, and hold harmless IMEG against Losses arising out of unauthorized use or misuse of the Instruments of Service.
8. Dispute Resolution/Governing Law: Excluding collection actions and billing disputes as described in Section 6, claims or disputes between the Parties arising out of the Services or out of this Agreement shall be escalated for informal dispute resolution. If no informal dispute resolution is achieved within fifteen (15) Days of demand made by IMEG or Client, the Parties shall submit the matter to non-binding mediation (mediation being subject to the provisions in Section 8.2 of AIA Document C401-2017). The Parties shall include a similar provision as in this Section 8 with all contractors, subconsultants, and subcontractors, providing for non-binding mediation as the primary method of dispute resolution following informal dispute resolution as described in this Section. This Agreement and all questions, disputes, and litigation arising in connection with the Services shall be governed by, and brought in, the laws of the state where the Project is located.
9. Mutual Waiver of Damages: Each Party hereby expressly waives against the other Party any and all claims for consequential, indirect, punitive, special, incidental, exemplary, or liquidated damages. The waiver in this Section shall apply to any such damages listed herein sought to be recovered through any indemnity obligation in this Agreement.
10. LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, IMEG’s total liability arising out of or related to this Agreement, for all Services performed on this Project, and for all Losses, whether based in contract or tort, in law or equity, or for negligent acts, errors, or omissions, from any cause, shall not exceed the total amount of $50,000. This limitation of liability was negotiated after the Parties discussed the risks and rewards associated with the Project. No individual professional director, officer, or employee of IMEG shall be individually liable for negligence arising out of this Agreement. The limitation of liability established in this Section shall survive the expiration or termination of this Agreement.
11. Indemnification: Subject to Section 10, IMEG shall, to the fullest extent permitted by applicable law, indemnify and hold harmless Client against Losses to the extent caused by, and in proportion to, the negligence of IMEG in the performance of Services under this Agreement. IMEG shall not be obligated to indemnify Client for Client’s own negligence.
Client shall, to the fullest extent permitted by applicable law, indemnify and hold harmless IMEG against Losses to the extent caused by, and in proportion to, the negligence of Client in the performance of its services under this Agreement. Client shall not be obligated to indemnify IMEG for IMEG’s own negligence.
The other terms of this Agreement notwithstanding, in the event of any professional liability claim within the purview of the indemnification provisions of this Section, each Party shall control its own defense, and at the time of claim resolution, each Party shall provide reimbursement for reasonable defense costs and attorney’s fees recoverable under applicable law to the extent caused by the negligence of each Party as determined by a competent trier of fact. As such, the Parties recognize and expressly agree that the duty to defend is not applicable to professional liability claims and is wholly separate and distinct from the duty to indemnify and hold harmless as described in this Section.
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12 Insurance: IMEG shall obtain and maintain the following insurance coverages: Commercial General Liability, Automobile Liability, Umbrella/Excess Liability, Worker’s Compensation/Employer’s Liability, and Professional Liability. Certificates of insurance shall be provided to Client upon request. When stipulated by the Parties, Commercial General Liability, Automobile Liability, and Umbrella/Excess Liability shall be written or endorsed to include additional insureds (which shall not be named additional insureds), primary/non-contributory coverage, and other coverages, subject to all policy terms, conditions, and exclusions, and any limitations as to coverage amounts as agreed upon in writing by the Parties.
13. Termination: Either Party may terminate this Agreement due to the other Party’s material breach of this Agreement upon providing a ten (10) Day written notice to the breaching Party and an opportunity of at least five (5) Days to cure such material breach. Upon termination, payment in full to IMEG is required for all Services performed and expenses incurred through the date of termination. IMEG shall not be required to release any Instruments of Service until such payments have been received. If this Agreement is terminated or suspended due to Client’s material breach, Client shall return all Instruments of Service within its possession or control, and any consequences (including delay) resulting from such termination or suspension shall be the sole responsibility of Client. The cancellation of the Project or the institution of bankruptcy proceedings by either Party shall be deemed a material breach and termination of this Agreement.
14. Assignment: Except for assignment by operation of law, neither Party shall transfer or assign any rights or duties under, or interest in, this Agreement, including, but not limited to, monies that are due or monies that may be due, without the prior written consent of the other Party, which shall not be unreasonably withheld.
Subcontracting to subconsultants, normally contemplated by IMEG as a generally accepted business practice, shall not be considered an assignment for purposes of this Agreement.
15. Employment and Non-Solicitation: Except with the other Party’s prior written consent, neither Party shall solicit the employment of, or employ any of the other Party’s employees, during the performance of this Agreement and for a period of six (6) months thereafter, provided that any general solicitation for employment through a published advertisement shall not constitute a breach of this Section.
16. Force Majeure: Except as otherwise provided, no delay or failure in IMEG’s performance of its obligations under this Agreement shall constitute a default or the incurrence of damages, if and to the extent, the delay or failure is caused by the occurrence of any contingency beyond the reasonable prevention or control, and without any fault, of IMEG. Unless such occurrence frustrates IMEG’s performance, such occurrence shall not operate to excuse, but only to delay, IMEG’s performance. Once such occurrence ceases, IMEG shall resume the performance of its obligations under this Agreement as soon as reasonably possible.
17. Severability and Non-Waiver: If any part of this Agreement is declared invalid or unenforceable, the remainder shall continue to be valid and enforceable. No failure to act by either Party shall be deemed to constitute a waiver of such Party’s rights or remedies under this Agreement. Additionally, there shall be no legal presumption against the drafter of this Agreement in the event of a dispute as to the enforceability and/or interpretation of this Agreement.
18. Entire Agreement: If Client issues to IMEG a purchase order or similar document, none of the terms and conditions stated therein shall bind IMEG, and such document, whether signed by IMEG or not, shall be considered only as a document for Client’s internal operational management. This Agreement represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Parties.
19. Equal Employment Opportunity: The Parties shall abide by the requirements of 41 CFR 60-1.4(a), 60- 300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, national origin, and for inquiring about, discussing, or disclosing compensation. Moreover, these regulations require that covered prime consultants and subconsultants take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or veteran status.
09.2024
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2026 STANDARD HOURLY RATES - SMEPT/Cx
(rates adjusted annually)
*These rates are for staff located in the office providing the rates. Staff based in one of IMEG's other offices may have different billing rates. These rates can be provided upon request.
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IMEG
Senior Client Executive/ Senior Market $360 Senior Construction Administrator $220 Director / VP Construction Administrator $190
Client Executive / Market Director $330 Field Technician 2 $180 Project Executive $310 Field Technician 1 $165
Senior Project Manager 2 $275 Project Coordinator $150
Senior Project Manager 1 $255 Structural Inspector of Distinction $295 Engineer of Distinction $295 Senior Structural Inspector $165 Senior (Engineer / Planner / Consultant) 3 $270 Structural Inspector 3 $150 Senior (Engineer / Planner / Consultant) 2 $240 Structural Inspector 2 $135 Senior (Engineer / Planner / Consultant) 1 $220 Structural Inspector 1 $120 Project (Engineer / Consultant) 2 $200 Senior Virtual Design Coordinator 2 $165 Project (Engineer / Consultant) 1 $185 Senior Virtual Design Coordinator 1 $155 (Graduate Designer / Consultant / Planner / $155 Virtual Design Coordinator 2 $150 Authority / Analyst) 2 Virtual Design Coordinator 1 $135 (Graduate Designer / Consultant / Planner / $140 Virtual Design Technician $120 Authority / Analyst) 1 Administrative Assistant $105
Designer of Distinction $250
Senior (Designer / Authority) 3 $230
Senior (Designer / Authority) 2 $220
Senior (Designer / Authority) 1 $200
Project (Designer / Authority) 2 $185
Project (Designer / Authority) 1 $160
(Designer / Authority/ Analyst) 2 $145
(Designer / Authority/ Analyst) 1 $135
Design Technician 2 $120
Design Technician 1 / Intern $105
Team Project Executive
Technical Project ManagerSenior Project EngineerProject EngineerProject Advisor/QA/QCFixed Fee Task 1 – Project Management
Project Administration 2
Meetings 3 3
Task 2 – Project Kick-Off Meeting
1 1 1
Task 3– Data Collection and Review
6 6 6
1 1
2 4
1 1 36
1 1 8
Task 4 – Conduct Electrical Assessment of Existing System 1 3 5
3 5
3 5
2 3
3 5
3 5
Task 5 – Rough Order of Magnitude Cost Estimates
1 4
Task 6– Report
1 6 2 2
8 2 2
Task 1 – Project Management Hours 5 0 3 0 0 0 0 0 0 0
Task 2 – Project Kick-Off Meeting Hours 1 0 1 1 0 0 0 0 0 0 Task 3– Data Collection and Review Hours 6 0 11 13 0 44 0 0 0 0 Task 4 – Conduct Assessment Hours 0 1 17 28 0 0 0 0 0 0 Task 5 – ROM Cost Estimate Hours 1 0 4 0 0 0 0 0 0 0
Task 7– Report Hours 1 0 14 4 4 0 0 0 0 0
Total Hours 14 1 50 46 4 44 0 0 0 0
SubTotals 44
Estimates for any repair, replacement and upgrade costs identified in the Assessment
HAM'S ELECTRIC (SUBCONSULTANT)
115
Tasks and Description
Kick-Off Meeting
Interview all relevant parties for data collection
IMEG
Site Investigations
Notice to Proceed
Review existing documentation
Electrical Monitoring reports
Electrical Monitoring data collection
1. Investigate, diagnose, and determine the root cause of the power surge detected at the switchgear downstream of the pull box, including any power-quality monitoring necessary to characterize the event.
2. Evaluate the momentary power lag experienced by the server rooms during generator start and transfer, and identify the modifications (e.g., uninterruptible power supply (UPS) systems, transfer scheme changes) required to achieve no-break power to critical loads upon loss of grid power.
3. Assess the condition of the aging generator and ATS and their history of failures and repairs, and evaluate the suitability of reusing the existing propane fuel supply and fuel piping.
4. Evaluate the existing equipment's exposure to the coastal environment and identify corrosion-mitigation and equipment-hardening measures appropriate for a marine setting.
5. Perform an electrical load analysis to confirm the required capacity of the replacement generator, ATS, and any associated distribution equipment.
6. Summarize the assessment, findings, and root-cause conclusions in a Technical Memorandum, including preliminary recommendations and a Draft Report and present to staff for review and comment Final Report with evaluation and recommendation for the recommended improvements to inform the City's decision to proceed with Phase 2.
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Team Project Manager
Technical Project Manager
Senior Project Engineer
Project Engineer
Project Advisor/QA/QC
Fixed Fee 0000
Project Administration $ 460 $ - $ - $ - $ - $ - $ - $ - $ - $ - Meetings $ 690 $ - $ 555 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 230 $ - $ 185 $ 150 $ - $ - $ - $ - $ - $ - $ 1,380 $ - $ 1,110 $ 900 $ - $ - $ - $ - $ - $ - $ - $ - $ 185 $ 150 $ - $ - $ - $ - $ - $ - $ - $ - $ 370 $ 600 $ - $ - $ - $ - $ - $ - $ - $ - $ 185 $ 150 $ - $ 5,400 $ - $ - $ - $ - $ - $ - $ 185 $ 150 $ - $ 1,200 $ - $ - $ - $ - -$ 205$ 555$ 750$ -$ -$ -$ -$ -$ -$ -$ -$ 555$ 750$ -$ -$ -$ -$ -$ -$
-$ -$ 555$ 750$ -$ -$ -$ -$ -$ -$
-$ -$ 370$ 450$ -$ -$ -$ -$ -$ -$
-$ -$ 555$ 750$ -$ -$ -$ -$ -$ -$
-$ -$ 555$ 750$ -$ -$ -$ -$ -$ -$
230$ -$ 740$ -$ -$ -$ -$ -$ -$ -$
$ 230 $ - $ 1,110 $ 300 $ 340 $ - $ - $ - $ - $ - -$ -$ 1,480$ 300$ 340$ -$ -$ -$ -$ -$ Task 1 – Project Management Hours 1,150$ -$ 555$ -$ -$ -$ -$ -$ -$ -$ Task 2 – Project Kick-Off Meeting Hours 230$ -$ 185$ 150$ -$ -$ -$ -$ -$ -$ Task 3– Data Collection and Review Hours 1,380$ -$ 2,035$ 1,950$ -$ 6,600$ -$ -$ -$ -$ Task 4 – Conduct Assessment Hours -$ 205$ 3,145$ 4,200$ -$ -$ -$ -$ -$ -$ Task 5 – Cost Estimates Hours 230$ -$ 740$ -$ -$ -$ -$ -$ -$ -$ Task 6– Report Hours $ 230 $ - $ 2,590 $ 600 $ 680 $ - $ - $ - $ - $ - IMEG HAM'S Sub Totals $ 20,255 $ 6,600
Total Per Team Member $ 3,220 $ 205 $ 9,250 $ 6,900 $ 680 $ 6,600 $ - $ - $ - $ - Reimbursables Grand Total
Notice to ProceedKick-Off Meeting
Interview all relevant parties for data collectionReview existing documentationElectrical Monitoring reports
1. Investigate, diagnose, and determine the root cause of the power surge detected at the switchgear downstream of the pull box, including any power-qualitymonitoring necessary to characterize the event.
2. Evaluate the momentary power lag experienced by the server rooms during generator start and transfer, and identify the modifications (e.g., uninterruptible power supply (UPS) systems, transfer scheme changes) required to achieve no-break power to critical loads upon loss of grid power.
IMEG
Task 6– ReportTask 1 – Project Management Task 2 – Project Kick-Off MeetingTask 3– Data Collection and Review Task 4 – Conduct Electrical Assessment of Existing SystemTask 5 – Rough Order of Magnitude Cost Estimates
3. Assess the condition of the aging generator and ATS and their history of failures and repairs, and evaluate the suitability of reusing the existing propane fuel supply and fuel piping.
HAM'S ELECTRIC (SUBCONSULTANT)
Tasks and Description
Site InvestigationsElectrical Monitoring data collection
4. Evaluate the existing equipment's exposure to the coastal environment and identify corrosion-mitigation and equipment-hardening measures appropriate for a marine setting. $ 26,855
$ 26,855
$ - Estimates for any repair, replacement and upgrade costs identified in the Assessment Draft Report and present to staff for review and comment Final Report with evaluation and recommendation for the recommended improvements to inform the City's decision to proceed with Phase 2. Project Total
5. Perform an electrical load analysis to confirm the required capacity of the replacement generator, ATS, and any associated distribution equipment.
6. Summarize the assessment, findings, and root-cause conclusions in a Technical Memorandum, including preliminary recommendations and a planning-level cost estimate for the recommended improvements to inform the City's decision to proceed with Phase 2.
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RFQ
City of Rancho Palos Verdes
- City Hall Emergency Standby Power System Replacement
August 7, 2026
City of Rancho Palos Verdes
Request for Qualifications
Design and Engineering Services for the City
Hall Emergency Standby Power System
Replacement Project
Public Works Department
30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275
Attention: Cesar Rodriguez, Project Manager (Facilities) Phone: 310.544.5310 | Email: [email protected]
RFQ Release Date: August 7, 2026
Request for Clarification Deadline: August 14, 2026
RFQ Submittal Deadline: August 28, 2026
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RFQ- City Hall Emergency Standby Power System Replacement August 7, 2026
The City of Rancho Palos Verdes is requesting Statements of Qualifications from qualified electrical engineering firms to provide professional engineering services, in phases, for the engineering assessment and detailed design for the revamp/replacement of the aging emergency standby power system serving the City Hall / Civic Center campus, including but not limited to, the standby generator, automatic transfer switch (ATS), and associated electrical distribution and server-room backup power systems.
All correspondence and questions regarding this RFQ should be submitted via email to:
Cesar Rodriguez, Project Manager (Facilities)
Email: [email protected]
Phone: 310-544-5252
To be considered for this project, submit an electronic copy of the qualifications to the above email address by 4:30PM, on August 28, 2026.
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RFQ- City Hall Emergency Standby Power System Replacement August 7, 2026
TABLE OF CONTENTS
I. Introduction Page 4
II. Project Objective Page 4
III. Project Description and Background Page 4
IV. Scope of Services Page 5
V. Preliminary Project Schedule Page 9
VI. Necessary Qualifications and Submittal
Requirements Page 10
VII. Submission of Qualifications Page 12
VIII. Evaluation and Selection Process Page 12
IX. Attachments
Attachment A – Sample Professional Services Agreement
Attachment B – Electrical As-Built Drawings 2006 Emergency Generator System
Attachment C – Fuel Piping Plan (Sheet P-1.0), Pad Foundation Plan, and Related Site Documentation
Attachment D – Site Photos
I. INTRODUCTION
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RFQ- City Hall Emergency Standby Power System Replacement August 7, 2026
The City of Rancho Palos Verdes (City) is a scenic, upscale, residential coastal community, with a population of approximately 42,000, located on the Palos Verdes Peninsula of southwestern Los Angeles County. The City is a contract city, meaning that some services are provided by contract with agencies (both public and private) and some services are delivered by the City’s own employees.
City Government: Rancho Palos Verdes is a General Law City and has operated under the Council-Manager form of government since its incorporation in 1973. Policy-making and legislative authority are vested in the governing City Council, which consists of five Council Members, including the Mayor and Mayor Pro-Tem. The City is fiscally sound and functions on an annual budget cycle.
The purpose of this document is to provide potential bidders with the information needed to submit qualifications for review by the City and, if selected, enter into a Professional Service Agreement with the City. Enclosed is a blank Professional Services Agreement form for review.
Bidders are advised that any work contracted under this RFQ may be funded in whole or in part with federal funds. All terms and conditions applicable to any federal funds used will be applied and enforced to ensure compliance with funding terms and conditions.
II. PROJECT OBJECTIVE
The City is requesting Statements of Qualifications from qualified and appropriately licensed engineering firms to fulfill the project objective: to deliver a reliable, resilient emergency standby power system for the City Hall / Civic Center campus that is engineered to withstand the coastal environment, provides real-time monitoring and analytics, and ensures uninterrupted, lag-free backup power to critical facilities — including the server rooms — in the event of a loss of grid power. This work is to be performed in two phases: Phase 1, an assessment of the existing electrical system to document existing conditions, diagnose and identify current deficiencies, and recommend effective remedies to achieve the project objectives for the City’s selection; and Phase 2, design and preparation of construction documents suitable for competitive bidding of the recommended improvements, together with bidding and construction support. The Phase 2 scope of work will be reflective of the decisions and remedies recommended and selected by the City.
III. PROJECT DESCRIPTION AND BACKGROUND
The City Hall / Civic Center campus, located at 30940 Hawthorne Boulevard, is served by an emergency standby power system that was designed and installed in approximately 2006, as documented in the attached electrical as-built drawings (Attachment B). The system includes a natural gas / LPG-fueled standby generator, an automatic transfer switch (ATS), associated switchgear and distribution, and an on-site propane fuel supply. The campus is situated in a coastal environment where salt air and marine exposure accelerate corrosion of exterior electrical equipment.
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RFQ- City Hall Emergency Standby Power System Replacement August 7, 2026
The existing standby power system has reached the end of its reliable service life, and several conditions have triggered this RFQ: (1) the aging emergency natural-gas generator is failing and has required costly repairs; (2) the ATS has also required repairs and the rental of a temporary ATS to maintain standby capability; (3) a power surge has been detected at the switchgear downstream of the pull box, the cause of which has not been diagnosed; and (4) the server rooms experience a momentary power lag whenever the emergency generator starts and the system transfers to standby power. The City requires that critical loads, including the server rooms, experience no interruption of power in the event grid power is lost. Replacement and reconfiguration of the system is needed to restore reliability, protect critical City equipment from damage, harden the equipment against the coastal environment, and provide real-time analytics and monitoring of system status.
Electrical as-built drawings for the 2006 emergency generator system are included as Attachment B, and the fuel piping plan (Sheet P-1.0) and related site documentation are included as Attachment C. These documents are provided for reference only; the selected firm shall field-verify all existing conditions as part of Phase 1.
IV. SCOPE OF SERVICES
The City is accepting Qualifications from prospective consulting firms to perform the following scope of services. The scope includes taking the project from the current conceptual design to final design drawings and specifications.
The selected consultant shall complete other tasks deemed necessary for the accomplishment of a complete and comprehensive outcome as described above. The successful consultant shall expand on the tasks noted below, where appropriate, and provide suggestions which might lead to efficiencies and enhanced results.
Scope of Work
The scope of services is organized into two phases. Phase 1 is an assessment of the existing electrical system to document existing conditions and diagnose and document the deficiencies described above. Phase 2 uses the Phase 1 findings to develop cityselected design recommendations and construction documents suitable for competitive bidding, followed by bidding and construction support. The City may elect to authorize Phase 2 in whole or in part based on the results of Phase 1. The scope of work includes, but is not limited to, the following:
Phase 2 Authorization: The fee for Phase 1 will be established as part of the negotiated agreement resulting from this RFQ. Upon completion of Phase 1, the City will request that the awarded consultant submit a fee proposal for Phase 2 based on the Phase 1 findings and recommendations. Following the City's review of the Phase 2 fee proposal and any C-5
RFQ- City Hall Emergency Standby Power System Replacement August 7, 2026
subsequent negotiation, the City will issue a formal Notice to Proceed (NTP) for Phase 2.
The City is under no obligation to authorize Phase 2, and may authorize it in whole or in part, at its sole discretion.
Phase 1 – Electrical Assessment of Existing System
1. Field investigation and assessment of the existing City Hall / Civic Center standby power system, including the standby generator, automatic transfer switch (ATS), switchgear, distribution equipment, feeders, pull boxes, grounding, and the on-site propane fuel supply, using the attached 2006 as-built drawings as a starting reference and field-verifying actual conditions.
a. Investigate, diagnose, and determine the root cause of the power surge detected at the switchgear downstream of the pull box, including any powerquality monitoring necessary to characterize the event. b. Evaluate the momentary power lag experienced by the server rooms during generator start and transfer, and identify the modifications (e.g., uninterruptible power supply (UPS) systems, transfer scheme changes) required to achieve no-break power to critical loads upon loss of grid power. c. Assess the condition of the aging generator and ATS and their history of failures and repairs, and evaluate the suitability of reusing the existing propane fuel supply and fuel piping.
d. Evaluate the existing equipment's exposure to the coastal environment and identify corrosion-mitigation and equipment-hardening measures appropriate for a marine setting.
e. Perform an electrical load analysis to confirm the required capacity of the replacement generator, ATS, and any associated distribution equipment. f. Develop an electrical model to support a short-circuit, protective-device coordination, and arc-flash study of the assessed system, as warranted. g. Summarize the assessment, findings, and root-cause conclusions in a Technical Memorandum, including preliminary recommendations and a planning-level cost estimate for the recommended improvements to inform the City's decision to proceed with Phase 2.
h. Other assessment work as recommended by the selected consultant and agreed to by the City as required to meet the project objectives.
Phase 2 – Design Recommendations, Construction Documents, and Bid/Construction Support
2. Based on the Phase 1 findings and City direction, the following scope of work is anticipated for preparing construction documents for public bidding purposes:
a. Design the replacement standby generator, automatic transfer switch, and associated switchgear/distribution modifications required to correct the deficiencies identified in Phase 1, sized per the Phase 1 load analysis. b. Design a backup power solution for the server rooms and other identified critical loads that eliminates the power lag and provides continuous, no-break power upon loss of grid power.
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RFQ- City Hall Emergency Standby Power System Replacement August 7, 2026
c. Specify a real-time monitoring and analytics system for the standby power system (generator, ATS, and critical loads), including remote status, alarming, and data logging.
d. Specify corrosion-resistant, coastal/marine-rated equipment, enclosures, and protective coatings to withstand the salt-air environment and prevent premature corrosion.
e. Address the fuel supply, including reuse or modification of the existing propane tanks and fuel piping, and coordinate any required fire, air-quality, and building code compliance.
f. Develop a single-line diagram, panel schedules, demolition plans, power plans, and installation details as necessary to fully describe the work. g. Prepare a construction cost estimate at appropriate design milestones (e.g., 60%, 90%, and Final).
h. Provide a phased sequencing / temporary-power plan that maintains standby capability and minimizes outage duration during construction and cutover. i. Construction plans shall be prepared, using appropriate scales, and plotted on 24” x 36” (Arch D) sheets.
j. All construction plan sheets and specifications shall be stamped by a licensed Professional Electrical Engineer registered in the State of California. If additional California-licensed engineering disciplines are required to complete this phase, the proposing firms shall indicate as such in the Phase 2 fee proposal.
k. All construction plan sheets shall include a box for City administrative approval by the Director of Public Works in the signature block. l. All construction documents shall be delivered to the City electronically in PDF format; upon completion of design, native files (.dwg, models, etc.) shall be provided to the City.
3. Construction Procurement and Bid Support:
a. Prepare a Notice Inviting Bids using the final plans, specifications, and bid documents combined with the City's standard forms and contract. b. Conduct a pre-bid conference, including preparing an agenda, chairing the conference, and producing meeting minutes.
c. Respond to Requests for Information during the bidding process. d. Assist City Staff to evaluate bids, determine responsiveness and responsibility, and prepare a memorandum memorializing findings and any other information to assist City Staff in selecting the lowest responsive bidder.
4. Permits and Agency Coordination: identify, prepare, and submit all required permit applications (including building, fire, and air-quality agency approvals) and coordinate with Southern California Edison and other affected utilities as needed.
5. Administration & Coordination: prepare periodic project status reports, hold coordination meetings with City staff, and develop and maintain a detailed criticalpath-method project schedule with regular updates.
Consultant shall complete other tasks deemed necessary for the accomplishment of a complete and comprehensive outcome as described in the project objective. Consultant shall expand on the above-noted tasks, where appropriate, and provide suggestions which might lead to efficiencies and enhance the results or usefulness of the work.
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RFQ- City Hall Emergency Standby Power System Replacement August 7, 2026
Deliverables
As part of the Services, Consultant will prepare and deliver the following tangible work products to the City. Additionally, Consultant shall deliver all electronic files generated as part of the Project (including but not limited to Model Files, CAD Drawings, and Calculations)
1. Phase 1
a. Phase 1 Assessment: Memorandum summarizing data collected and existing conditions documented, including field-verification of the 2006 asbuilt system. b. Phase 1 Technical Memorandum presenting the assessment findings, rootcause diagnosis of the switchgear power surge and the server-room power lag, load analysis, recommended improvements, and a planning-level cost estimate.
c. Short-circuit, protective-device coordination, and arc-flash study, as warranted by the assessment.
2. Phase 2
a. Phase 2 Design Documents – Electrical construction plans, specifications, and cost estimates at the following milestones:
i. 60%
ii. 90%
iii. Final
b. Real-time monitoring and analytics system specification and server-room backup (no-break) power design.
c. Corrosion-mitigation / coastal-hardening specifications for all exterior equipment.
d. Sequencing and temporary-power plan to maintain standby capability during construction and cutover.
e. Memorandum of Permit Needs, with Permit Applications and Submittals. f. Bid-Related Documents:
i. Notice Inviting Bids
ii. Pre-Bid Conference Agenda and Minutes, and Responses to Bid Requests for Information
iii. Memorandum Summarizing Bids and Recommending Award iv. Staff Report and Presentation to City Council Documenting the Bidding Process and Recommending Award
g. Periodic Project Status Reports and Meeting Minutes
h. Detailed Critical Path Method Project Schedule with Regular Updates and Memoranda Documenting Any Delays and Plans for Schedule Recovery City staff may request that check-sets or working versions of documents be submitted for ongoing routine review. City staff will review all deliverables, including preparatory or materials for deliverables, and provide comments. Consultant is required to revise draft deliverables to address City staff comments.
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RFQ- City Hall Emergency Standby Power System Replacement August 7, 2026
V. PRELIMINARY PROJECT SCHEDULE
A. RFQ Schedule
The following is the anticipated schedule for the RFQ process:
Request for Qualifications Released August 7, 2026
Request for Clarification Due August 14, 2026
Firm Qualifications Due August 28, 2026
Firm Interviews (if necessary) Week of September 8, 2026 Anticipated Notice of Selection September 15, 2026
B. Anticipated Project Schedule
Weekly Status Report Continuous
Phase 1 – Assessment Kickoff NTP
Phase 1 – Draft Technical Memorandum (Findings) NTP + 6 Weeks Phase 1 – Final Technical Memorandum NTP + 8 Weeks
Phase 2 Fee Proposal, City Review / Negotiation, and Phase 2 NTP Following Phase 1 Acceptance
Phase 2 – 60% Plans, Specifications, and Estimates Phase 2 NTP + 2 Months Phase 2 – 90% Plans, Specifications, and Estimates NTP + 3 Months Phase 2 – Final Construction Plans, Specifications, and Estimates NTP + 4 Months
Phase 2 – Bidding Phase NTP + 5 Months
Phase 2 – Construction Bid Award NTP + 6 Months
Construction Administration Duration of Construction
Please note that this schedule is preliminary. It is included to provide the Consultant with a sense of the expected timeline for the Scope of Services and emphasizes the urgent nature of the work and the City’s expectation that the Scope of Services will be completed as quickly as possible. The ideal Consultant candidate will have available resources and personnel, either in-house or under subcontract, to ensure the completion of the Scope of Services at the earliest possible time.
VI. NECESSARY QUALIFICATIONS AND SUBMITTAL REQUIREMENTS
1. Only one proposal per firm will be considered.
2. The submittal should be typed and as brief as possible while adequately describing the qualifications of the firm.
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3. The following information shall be included with the submittal, including the same information for subcontractors, in the following format:
a) Cover Letter: Provide the name, address, and phone number of the firm; the present staff (size, classification, credentials); the primary contact’s name, phone number, and email address; any qualifying statements or comments regarding the proposal; and identification of any sub-consultants and their responsibilities. Identify the firm’s type of organization (individual, partnership, corporation), including names and contact information for all officers, and proof that the organization is currently in good standing. The signed letter should also include a paragraph stating that the firm is unaware of any conflict of interest in performing the proposed work. (No more than two pages) b) Approach to Scope of Services: Re-state the Scope of Services with any additions, expansions, clarifications, or modifications that the firm proposes in order to provide the services and produce the deliverables contained in this RFQ. Describe how completing the Scope of Services will be approached and any cost-saving or value-adding strategies or innovations the firm will bring to the project. (No more than two pages)
c) Organization and Staffing: Identify the person who will be the Project Manager and primary contact person responsible for the overall delivery of the project. Provide an organizational chart of the project team that clearly delineates communication and reporting relationships among the project staff and among the sub-consultants involved in the project. Identify key personnel to perform work in the various tasks and include major areas of subcontracted work. Indicate the expected contributions of each staff member in time as a percentage of the total effort. Specifically show the availability of staff to provide the necessary resource levels to meet the City’s needs. Indicate that the Project Manager and key staff will remain assigned to this project through completion of the Scope of Services. (No more than two pages) d) Staff Qualifications and Experience: Describe qualifications of the assigned staff and sub-contractors including relevant technical experience. Staff assigned to complete the Scope of Services must have previous experience in providing the necessary services as described under the Scope of Services. Description of Consultant’s experience should include:
• Prior Experience: Demonstrate that the firm has significant experience providing services similar to those described under the Scope of Services. (No more than two pages)
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• Staff Qualifications: Provide resumes for the Project Manager and any other key staff members to be assigned to contribute to the Scope of Services, with an emphasis on similar services which they provided to other agencies. (No more than ten pages)
• Reference Projects: Include at least three projects with similar scope, size and/or complexity performed by the project team within the past three years and indicate the specific responsibilities of each team member on the reference project. Provide contact information for each client. (No more than ten pages)
e) Project Schedule: Provide a detailed critical-path-method schedule for completion of the tasks and sub-tasks required to accomplish the scope of work. Note all deliverables and interim milestones on the schedule. (No more than one 11” x 17” page)
f) Quality Control Plan: Describe the quality control procedures and associated staff responsibilities which will ensure that the deliverables will meet the City’s needs. (No more than one page)
g) Acceptance of Conditions: State the offering firm’s acceptance of all conditions listed in the Request for Qualifications (RFQ) document and Sample Professional Services Agreement (Attachment A). Any exceptions or suggested changes to the RFQ or Professional Services Agreement (PSA), including the suggested change, the reasons therefore and the impact it may have on cost or other considerations on the firm’s behalf must be stated in the proposal. Unless specifically noted by the firm, the City will rely on the proposal being in compliance with all aspects of the RFQ and in agreement with all provisions of the PSA. (No more than one page) VII. Submission of Qualifications
A. Requests for Clarification
Requests for clarification of the information contained herein shall be submitted in writing prior to 4:30 pm on August 14, 2026. Responses to any clarification question will be provided to each firm via Planet Bids.
B. Confirmation Email
Upon submission of the proposal to the City, the proposing firm shall request an email confirmation that the proposal has been received and retain the email as a record. If an email confirmation is not received, the proposing firm shall correspond with the City until confirmation is received.
VIII. EVALUATIONS AND SELECTION PROCESS
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RFQ- City Hall Emergency Standby Power System Replacement August 7, 2026
1. Proposals Will be Evaluated Based on the Following Criteria:
a) Approach to Scope of Services (25%)
• Understanding of the Scope of Services as demonstrated by the thoroughness of the proposal, introduction of cost-saving or value-adding strategies or innovations (including those applying to overall project schedule), and an overall approach most likely to result in the desired outcome for the City.
b) Proposal Schedule (20%)
• Ability to complete the work in the shortest schedule possible (excluding time for review and community meetings).
c) Staff Qualifications and Experience (30%)
• Relevance of experience of the proposing firm
• Relevance of experience and strength of qualifications of the Project Manager
• Relevance of experience and strength of qualifications of the key personnel performing the work
• Relevance of referenced projects and client review of performance during those projects
d) Organization and Staffing (15%)
• Availability of key staff to perform the services throughout the duration of the project
• Assignment of appropriate staff in the right numbers to perform the Scope of Services
• Appropriate communication and reporting relationships to meet the City’s needs
e) Quality Control (10%)
• Adequate immediate supervision and review of staff performing the work as well as appropriate independent peer review of the work by qualified technical staff not otherwise involved in the project.
2. Selection Process
An evaluation panel will review all Statements of Qualifications submitted and select the top firms. These top firms may then be invited to make a (virtual) presentation to the evaluation panel, at no cost to the City. The panel will select the firm, if any, which best fulfills the City’s requirements. The City will then further refine the scope and schedule with that firm and request a not to exceed proposal.
The City will negotiate the fee with that firm. The City reserves the right to negotiate special requirements and proposed service levels using the selected proposal as a basis. If the City is unable to negotiate an agreeable fee for services with the top firm, the City will negotiate with the next firm chosen among the top firms.
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3. Award Notification
The City will notify all submitees in writing of the outcome of the selection process and intent to award. This RFQ does not commit the City to award an agreement, nor pay any costs incurred in the preparation and submission of the proposal in anticipation of an agreement. The City reserves the right to reject any or all submittals, or any part thereof, to waive any formalities or informalities, and to award the agreement to the firm deemed to be in the best interest of the City and the Department.
4. Award of Agreement
The selected firm shall be required to enter into a written agreement with the City, in a form approved by the City Attorney, to perform the Scope of Services. See sample agreement in Attachment A. This RFQ and the proposal, or any part thereof, may be incorporated into and made a part of the final agreement; however, the City reserves the right to further negotiate the terms and conditions of the agreement with the selected consultant. The agreement will, in any event, include a maximum "not to exceed" cost to the City.
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VendorID Company Name Address City State Zip Contact Name Phone Email 1636781 Ayres Associates 250 E. Olive Ave., Suite 201 Burbank California 91502 Michelle Hansen 661-291-4241 [email protected] Budlong 1000 Paseo Camarillo Suite 140 Camarillo California 93010 Jessica Lara 818-638-8780 ext. 128 [email protected] 1037041 IDS Group, Inc. 1 Peters Canyon Road Ste. 130 Irvine California 92606 Said Hilmy 949-387-8500 [email protected] KCBEX 4130 Ardmore Ave., Suite 100 Bakersfield California 93309 Staff 661-324-4921 [email protected] 1625464 P2S LP 5000 E Spring Street Suite 800 Long Beach California 09815 Tan Diep 562-384-5131 [email protected] The Engineering Partners Inc 10620 Treena Street Suite 300 San Diego California 92131 Shaun Gahagan 858-824-1761 ext. 138 [email protected] 1020775 Yao Engineering, Inc. 60 N Daisy Ave, Suite 2C Pasadena California 91107 Felix Yao 626-788-3004 [email protected] Borrelli and Associates Inc. 2032 N. Gateway Boulevard Fresno California 93727 John Borrelli, PE (559) 233-4138 [email protected] 1035500 IMEG 901 Via Piemonte, Suite 400 Ontario California 91764 Leilani Doherty 909-477-6915 [email protected] PBS Engineers 2100 E. Route 66, Suite 210 Glendora California 91740 Kunal Shah 626-650-0350 [email protected] City of Rancho Palos Verdes
Submissions Due on August 28, 2026 4:31 PM (PDT)Issued on 08/07/2026Prospective Bidders for Solicitation RFQ - Design and Engineering Services for the City Hall Emergency Standby Power System Replacement ProjectReference ID: Categories: 541330 D-1