Agenda Item 8C — Torrance City Council, June 17, 2025 (part 1 of 2)

8C
Date: June 17, 2025
To: Honorable Mayor and Members of the City Council
From: Michelle Ramirez, Community Development Director
By: Uykheang Keo, Building Official | [email protected] Subject: Community Development – Approve Agreements for On-Call Expedited Plan Check Services for Community Development Department on an as Needed Basis.

Expenditure: Not-to-Exceed $7,500,000 (General Fund).

RECOMMENDATION
Recommendation of the Community Development Director that City Council:

1. Approve a consulting services agreement with Bureau Veritas North America, Inc. of Plano, TX (RFP B2024-15) in an amount not-to-exceed $2,500,000, for on-call expedited plan check services for a five-year period beginning July 1, 2025 and ending June 30, 2030; and

2. Approve a consulting services agreement with m6 Consulting, Inc. of Moorpark, CA (RFP B2024-15), in an amount not-to-exceed $2,500,000, for on-call expedited plan check services for a five-year period beginning July 1, 2025 and ending June 30, 2030; and

3. Approve a consulting services agreement with True North Compliance Services, Inc. of Long Beach, CA (RFP2024-15), in an amount not-to-exceed $2,500,000, for on-call expedited plan check services for a five-year period beginning July 1, 2025 and ending June 30, 2030.

FUNDING
Funding is available in Fiscal Year 2025-26 Operating Budget under the Community Development Department and is expected to be available in subsequent fiscal years.

DISCUSSION
The City’s Community Development Department (CDD) requires engineering plan review for most proposed development projects. It’s not uncommon for applicants to choose an expedited plan review service to meet their project schedules or specific needs. These projects range from small single-family additions to large mixed-use developments. To facilitate the expedited plan reviews, CDD uses outside engineering consultants from time to time to assist in facilitating the plan reviews.

In these cases, the fee charged to the applicant is matched to the cost associated with the services provided by the outside engineering consultant plus 10% for administrative costs related to City staff time. The fee collected from the applicant for the outside service is then passed through to the consultant, while the City retains the 10% administrative fee, resulting in no negative impact to the City’s General Fund.
1 City Council
June 17, 2025

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4 3
5 As there has been a recent increase in expedited plan review requests, CDD issued a Request for Proposals (RFP) for on-call expedited plan check services on November 25, 2024. On December 16, 2024, the City received a total of 12 responses. Each response was reviewed, evaluated, and ranked by a 3-member internal team who independently rated each proposal based on an equally weighted criteria with a maximum allowable score of 100. The rating criteria established as well as the average scoring assigned for each individual criterion is included under Attachment 1.

At the conclusion of the evaluation process, staff selected the following three firms:
•Bureau Veritas North America, Inc,
•True North Compliance Services Inc.
•m6 Consulting Inc.

The final ranking of all firms is shown below.

Staff is recommending that the City Council approve a consulting services agreement with each of the three selected firms for a five-year period beginning July 1, 2025 and ending June 30, 2030.

Each agreement would be for a not-to-exceed contract amount of $2,500,000.

RESULTS

RANKING VENDOR NAME CITY STATE EVALUATION
SCORE
1 Bureau
Veritas North America, Inc. Plano TX 96.3
2 True North Compliance
Services, Inc. Long Beach CA 95.3
3 m6 Consulting Inc. Moorpark CA 93.3
4 Willdan Engineering Anaheim CA 91.3
5 Transtech Engineers, Inc Chino CA 86.7
6 CSG Consultants, Inc. Orange CA 85.0
7 J Lee Engineering, Inc. Alhambra CA 84.7
8 The Code Group, Inc.
(VCA Code) Orange CA 83.0
9 4LEAF, Inc. Newport
Beach CA 82.7
10 Shums Coda
Associates, Inc. Pleasanton CA 82.0
11 Hayer Consultants, Inc. Lakewood CA 76.7
12 FEI Associates Consulting
Engineers Chino CA 0.0
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June 17, 2025

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5 ENVIRONMENTAL FINDINGS
The proposed action is not a project within the meaning of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) Section 15378 and is therefore exempt from CEQA. It will not result in any direct or indirect physical change in the environment because it is only a preliminary action required in order to study the proposed project.

ATTACHMENTS

1. Average Score

2. Bureau Veritas North America, Inc. – Consulting Services Agreement

3. M6 Consulting Inc. – Consulting Services Agreement

4.True North Compliance Services – Consulting Services Agreement 3 4LEAF, Inc.

Bureau
Veritas North America,
Inc.

CSG
Consultants, Inc.

FEI Associates
Consulting
Engineers
Hayer
Consultants, Inc.

J Lee
Engineering, Inc.
m6
Consulting Inc
Shums Coda
Associates, Inc.

The Code Group, Inc.
(VCA Code)
Transtech
Engineers, Inc
True North
Compliance
Services, Inc.

Willdan
Engineering
Firm’s qualifications and experience
with similar projects 30 25.7 29.0 26.7 0.0 22.3 24.3 28.7 25.7 24.7 25.7 29.0 27.3 Qualifications of proposed project
team 20 17.0 19.0 18.0 0.0 14.7 17.0 19.0 16.3 16.7 18.3 19.3 19.0 Cost and Cost Effectiveness 20 15.0 19.0 13.7 0.0 15.0 16.7 16.3 14.7 15.0 15.7 18.0 15.7 Understanding of the project and
scope of work; and completeness
of RFP 10 7.3 10.0 8.0 0.0 6.7 7.3 10.0 8.0 8.0 7.7 9.7 10.0 Relevant projects of proposed project
team members 10 8.7 9.7 9.3 0.0 9.0 9.7 9.7 7.7 9.3 9.7 9.7 9.7 Staffing (On-site Staffing) 10 9.0 9.7 9.3 0.0 9.0 9.7 9.7 9.7 9.3 9.7 9.7 9.7 Total Average 100 82.7 96.3 85.0 0.0 76.7 84.7 93.3 82.0 83.0 86.7 95.3 91.3 Average Points
Criteria Maximum
Points
1 Attachment 1

4 1

CONSULTING SERVICES AGREEMENT

This CONSULTING SERVICES AGREEMENT (the “Agreement”) is made and entered into as of July 1, 2025 (the “Effective Date”), by and between the CITY OF TORRANCE, a municipal corporation (“CITY”), and Bureau Veritas North America, Inc., a Delaware corporation (“CONSULTANT”).

RECITALS:

A. CITY wishes to retain the services of an experienced and qualified CONSULTANT to provide the Community Development Department expedited plan check services for various projects on an "as-needed" basis.

B. In order to obtain the desired services, CITY has circulated its Request for Proposal for Expedited Plan Check Services for Community Development Department on an as Needed Basis, RFP No. B2024-15 (the “RFP”). A true and correct copy of the RFP is attached herein as Exhibit A.

C. CONSULTANT has submitted a Proposal (the “Proposal”) in response to the RFP. In its Proposal CONSULTANT represents that it is qualified to perform those services requested in the RFP. A true and correct copy of the Proposal is attached herein as Exhibit B.

D. Based upon its review of all proposals submitted in response to the RFP, CITY now wishes to award this Agreement to CONSULTANT.

AGREEMENT:

1. SERVICES TO BE PERFORMED BY CONSULTANT
CONSULTANT will provide the services and install those materials listed in CONSULTANT’s Proposal submitted in response to the RFP. A true and correct copy of the RFP is attached herein as Exhibit A. A true and correct copy of the Proposal is attached herein as Exhibit B. CONSULTANT warrants that all work and services set forth in the Proposal will be performed in a competent, professional and satisfactory manner.

2. TERM
Unless earlier terminated in accordance with Paragraph 4 below, this Agreement will continue in full force and effect from the Effective Date through June 30, 2030.

3. COMPENSATION
A. CONSULTANT’s Fee.

For services rendered pursuant to this Agreement, CONSULTANT will be paid in accordance with the Compensation Schedule set forth in the Proposal; provided, however, that in no event will the total amount of money paid CONSULTANT, for services initially contemplated by this Attachment 2
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Agreement, exceed the sum of $2,500,000 (the “Agreement Sum”), unless otherwise first approved in writing by CITY.

B. Schedule of Payment.

Provided that CONSULTANT is not in default under the terms of this Agreement, upon presentation of an invoice, CONSULTANT will be paid the fees described in Paragraph 3.A. above, according to the Compensation Schedule. Payment will be due within 30 days after the date of the invoice.

4. TERMINATION OF AGREEMENT
A. Termination by CITY for Convenience.

1. CITY may, at any time, terminate the Agreement for CITY’s convenience and without cause.

2. Upon receipt of written notice from CITY of such termination for CITY’s convenience, CONSULTANT will:

a. cease operations as directed by CITY in the notice;
b. take actions necessary, or that CITY may direct, for the protection and preservation of the work; and
c. except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.

3. In case of termination for CITY’s convenience, CONSULTANT will be entitled to receive payment for work executed, together with costs incurred by reason of the termination, along with reasonable overhead and profit on work not executed.

B. Termination for Cause.

1. If either party fails to perform any term, covenant or condition in this Agreement and that failure continues for 15 calendar days after the nondefaulting party gives the defaulting party written notice of the failure to perform, this Agreement may be terminated for cause; provided, however, that if during the notice period the defaulting party has promptly commenced and continues diligent efforts to remedy the default, the defaulting party will have such additional time as is reasonably necessary to remedy the default.

2. In the event this Agreement is terminated for cause by the default of CONSULTANT, CITY may, at the expense of CONSULTANT
and its surety, complete this Agreement or cause it to be completed. Any check or bond delivered to the CITY in connection with this Agreement, and the money payable thereon, will be 6 3
forfeited to and remain the property of the CITY. All moneys due CONSULTANT under the terms of this Agreement will be retained by CITY, but the retention will not release CONSULTANT and its surety from liability for the default. Under these circumstances, however, CONSULTANT and its surety will be credited with the amount of money retained, toward any amount by which the cost of completion exceeds the Agreement Sum and any amount
authorized for extra services.

3. Termination for cause will not affect or terminate any of the rights of CITY as against CONSULTANT or its surety then existing, or that may thereafter accrue because of the default; this provision is in addition to all other rights and remedies available to the CITY under law.

C. Termination for Breach of Law.

In the event CONSULTANT or any of its officers, directors, shareholders, employees, agents, subsidiaries or affiliates is convicted (i) of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of a contract or subcontract; (ii) under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty that currently, seriously, and directly affects responsibility as a public consultant or CONSULTANT; (iii) under state or federal antitrust statutes arising out of the submission of bids or proposals; or (iv) of violation of Paragraph 19 of this Agreement; or for any other cause CITY determines to be so serious and compelling as to affect CONSULTANT’s responsibility as a public consultant or CONSULTANT, including but not limited to, debarment by another governmental agency, then CITY reserves the unilateral right to terminate this Agreement or to impose such other sanctions (which may include financial sanctions, temporary suspensions or any other condition deemed appropriate short of termination) as it deems proper. CITY will not take action until CONSULTANT has been given notice and an opportunity to present evidence in mitigation.

5. FORCE MAJEURE
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance will be excused for a period equal to the period of that cause for failure to perform.

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6. RETENTION OF FUNDS
CONSULTANT authorizes CITY to deduct from any amount payable to CONSULTANT (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and 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 obligations 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 exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of CONSULTANT to insure, indemnify, and protect CITY as elsewhere provided in this Agreement.

7. CITY REPRESENTATIVE
Uykheang Keo, Building Official, Community Development Department is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this Agreement and to make all decisions in connection with this Agreement. Whenever approval, directions, or other actions are required by CITY under this Agreement, those actions will be taken by the City Representative, unless otherwise stated. The City Manager has the right to designate another City Representative at any time, by providing notice to CONSULTANT.

8. CONSULTANT REPRESENTATIVE(S)
The following principal(s) of CONSULTANT are designated as being the principal(s) and representative(s) of CONSULTANT authorized to act in its behalf with respect to the work specified in this Agreement and make all decisions in connection with this Agreement:

Joe Chao, P.E., Regional Manager/Project Manager
Craig Baptista, Vice President, Facilities - West Region

9. INDEPENDENT CONTRACTOR
CONSULTANT is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its agents will have control over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as otherwise set forth in this Agreement. CONSULTANT’s agents and employees are not and shall not be considered employees of CITY for any purpose. CONSULTANT may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY. CITY has no duty, obligation, or responsibility to CONSULTANT’s agents or employees under the Affordable Care Act. CONSULTANT is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act and any other liabilities, claims and obligations regarding compliance with the Affordable Care Act with respect to CONSULTANT’s agents and employees. CITY is not responsible and shall not be held liable for CONSULTANT’s failure to comply with CONSULTANT’s duties, 8 5
obligations, and responsibilities under the Affordable Care Act. CONSULTANT agrees to defend, indemnify and hold CITY harmless for any and all taxes and penalties that may be assessed against CITY as a result of CONSULTANT’s obligations under the Affordable Care Act relating to CONSULTANT’s agents and employees.

10. BUSINESS LICENSE
CONSULTANT must obtain a City business license prior to the start of work under this Agreement, unless CONSULTANT is qualified for an exemption.

11. OTHER LICENSES AND PERMITS
CONSULTANT warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this Agreement.

12. FAMILIARITY WITH WORK
By executing this Agreement, CONSULTANT warrants that CONSULTANT (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services required 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 the services set forth in this Agreement.

Should CONSULTANT discover any latent or unknown conditions that will materially affect the performance of the services set forth in this Agreement, CONSULTANT must immediately inform CITY of that fact and may not proceed except at CONSULTANT’s risk until written instructions are received from CITY.

13. CARE OF WORK
CONSULTANT must adopt reasonable methods during the term of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages to persons or property, until acceptance of the work by CITY, except those losses or damages as may be caused by CITY’s own negligence.

14. CONSULTANT’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS Records of CONSULTANT’s time pertaining to the project, and records of accounts between CITY and CONSULTANT, will be kept on a generally recognized accounting basis. CONSULTANT will also maintain all other records, including without limitation, specifications, drawings, progress reports and the like, relating to the work and services identified in Exhibit A. All records will be available to CITY during normal working hours. CONSULTANT will maintain these records for three years after final payment.

15. INDEMNIFICATION
CONSULTANT will indemnify, defend, and hold harmless CITY, the Successor Agency to the Former Redevelopment Agency of the City of Torrance, the City Council, each member thereof, present and future, members of boards and 9 6
commissions, their officers, agents, employees and volunteers (collectively “City Affiliates”) from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages whatsoever, including, but not limited to, those arising from breach of contract, bodily injury, death, personal injury, property damage, loss of use, or property loss however the same may be caused and regardless of the responsibility for negligence. The obligation to indemnify, defend and hold harmless includes, but is not limited to, any liability or expense, including defense costs and legal fees, arising from the negligent acts or omissions, or willful misconduct of CONSULTANT, its officers, employees, agents, subCONSULTANTs or vendors. CONSULTANT’s obligations to indemnify, defend and hold harmless will apply even in the event of concurrent negligence on the part of City Affiliates, except for liability resulting solely from the negligence or willful misconduct of City Affiliates. Payment by CITY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and CITY, as to whether liability arises from the sole negligence of City Affiliates, CONSULTANT will be obligated to pay for the defense of City Affiliates until such time as a final judgment has been entered adjudicating City Affiliates as solely negligent. CONSULTANT will not be entitled in the event of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

16. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of CITY will be personally liable to CONSULTANT, in the event of any default or breach by the CITY or for any amount that may become due to CONSULTANT.

17. INSURANCE
A. CONSULTANT and its subCONSULTANTs must maintain for the duration of the Agreement at their sole expense the following insurance, which will be full coverage not subject to self-insurance provisions:

1. Automobile Liability, including owned, non-owned and hired vehicles, with at least the following limits of liability:

a. Primary Bodily Injury with limits of at least $500,000 per person, $1,000,000 per occurrence; and

b. Primary Property Damage of at least $250,000 per
occurrence; or

c. Combined single limits of $1,000,000 per occurrence.

2. Commercial General Liability including coverage for premises, products and completed operations, independent
CONSULTANTs/vendors, personal injury and contractual
obligations with combined single limits of coverage of at least $2,000,000 per occurrence, $4,000,000 aggregate.

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3. Workers' Compensation coverage as required by the Labor Code of the State of California and, if workers' compensation is required, employer's liability insurance with minimum limits of ($1,000,000) per occurrence or occupational illness. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSULTANT, its employees, agents and subconsultants.

4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’S profession, with limits no less than $2,000,000 per occurrence or claim, $4,000,000 aggregate.

B. The insurance provided by CONSULTANT will be primary and non- contributory.

C. CITY, the Successor Agency to the Former Redevelopment Agency of the City of Torrance, the City Council and each member thereof, members of boards and commissions, every officer, agent, official, employee and volunteer must be named as additional insureds under the automobile and general liability policies.

D. CONSULTANT must provide certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) indicating appropriate coverage, to the City Clerk of the City of Torrance before the commencement of work.

E. Each insurance policy required by this Paragraph must contain a provision that no termination, cancellation or change of coverage can be made without notice to the CITY.

F. If the CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

G. The procuring of insurance shall not be construed as a limitation on liability nor as full performance of the indemnification provisions of the CONSULTANT.

H. Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
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b. Insurance must be maintained and evidence of insurance must be provided for at l east five (5) years a fter completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made poli cy form with a Retroactive Date prior to the contract effective date, the Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

I. CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.

J. Self-insured retentions must be declared to and approved by the CITY.

The CITY may require the CONSULTANT to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.

18. SUFFICIENCY OF INSURERS
Insurance required by this Agreement will be satisfactory only if issued by companies admitted to do business in California, rated “A” or better in the most recent edition of Best’s Key Rating Guide, and only if they are of a financial category Class VII or better, unless these requirements are waived by the Risk Manager of CITY (“Risk Manager”) due to unique circumstances. In the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to CITY, the CONSULTANT agrees that the minimum limits of any insurance policies or performance bonds required by this Agreement may be changed accordingly upon receipt of written notice from the Risk Manager; provided that CONSULTANT will have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of CITY within 10 days of receipt of notice from the Risk Manager.

19. CONFLICT OF INTEREST
A. No officer or employee of the CITY may have any financial interest, direct or indirect, in this Agreement, nor may any officer or employee participate in any decision relating to the Agreement that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.

B. No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, 12 9
demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.

20. NOTICE
A. All notices, requests, demands, or other communications under this Agreement will be in writing. Notice will be sufficiently given for all purposes as follows:

1. Personal delivery. When personally delivered to the recipient, notice is effective on delivery.

2. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

3. Certified mail. When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.

4. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service.

5. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice, notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.

6. Addresses for purpose of giving notice are as follows:

CONSULTANT: Bureau Veritas North America, Inc.
250 N. Westlake Blvd.

Suite 150
Westlake Village, CA 91362
Fax: N/A

CITY: City Clerk
City of Torrance
3031 Torrance Boulevard
Torrance, CA 90503
Fax: (310) 618-2931
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B. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.

C. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement.

21. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This Agreement and all exhibits are binding on the heirs, successors, and assigns of the parties. The Agreement may not be assigned or subcontracted by either CITY or CONSULTANT without the prior written consent of the other.

22. INTEGRATION; AMENDMENT
This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Agreement. The Agreement may not be modified or altered except in writing signed by both parties.

23. INTERPRETATION
The terms of this Agreement should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Agreement or by any other rule of construction that might otherwise apply. To the extent that the terms of the RFP or Proposal are inconsistent with the terms of this Agreement, the terms of this Agreement shall control.

24. SEVERABILITY
If any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect.

25. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.

26. GOVERNING LAW; JURISDICTION
This Agreement will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Agreement will be in Los Angeles County, California.

27. COMPLIANCE WITH STATUTES AND REGULATIONS
CONSULTANT will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. ///

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28. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver.

A party’s consent or approval of any act by the other party requiring the first party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this Agreement.

29. ATTORNEY’S FEES
Except as provided for in Paragraph 15, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment.

30. EXHIBITS
All exhibits identified in this Agreement are incorporated into the Agreement by this reference.

31. CONSULTANT’S AUTHORITY TO EXECUTE
The persons executing this Agreement on behalf of CONSULTANT warrant that (i) CONSULTANT is duly organized and existing; (ii) they are duly authorized to execute this Agreement on behalf of CONSULTANT; (iii) by so executing this Agreement, CONSULTANT is formally bound to the provisions of this Agreement; and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which CONSULTANT is bound.

32. PUBLIC RECORDS ACT
Any documents submitted by the CONSULTANT; all information obtained in connection with the CITY’s right to audit and inspect the CONSULTANT’s documents, books, and accounting records pursuant to paragraph 14 CONSULTANT’s Accounting Records; Other Project Records; as well as those documents which were required to be submitted in response to the Request for Proposals (RFP) used in the solicitation process for this Contract become the exclusive property of the City. All such documents become a matter of public record and shall be regarded as public records. Exceptions will be those elements in the California Government Code Section 7920.000 et seq. (Public Records Act) and which are marked “trade secret”, “confidential”, or “proprietary”.

The CITY shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction.

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In the event the CITY is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of a proposal marked “trade secret”, “confidential”, or “proprietary”, the CONSULTANT agrees to defend and indemnify the CITY from all costs and expenses, including reasonable attorney’s fees, in action or liability arising under the Public Records Act.

CITY OF TORRANCE,
a municipal corporation

By: ____________________________
George K. Chen, Mayor

Bureau Veritas North America, Inc.,
a Delaware corporation

By: _______________________________
Craig Baptista
Vice President, Facilities - West Region

ATTEST:

By: ____________________________
Rebecca Poirier, MMC
City Clerk

APPROVED AS TO FORM:

PATRICK Q. SULLIVAN
City Attorney

By: ____________________________
Galen W. Bean
Deputy City Attorney

Attachments: Exhibit A Request for Proposal for Expedited Plan Check Services for Community Development Department on
an as Needed Basis, RFP No. B2024-15
Exhibit B Bureau Veritas North America, Inc.’s Proposal

Rev. 0424
16 EXHIBIT A

REQUEST FOR PROPOSAL FOR EXPEDITED PLAN CHECK SERVICES FOR

COMMUNITY DEVELOPMENT DEPARTMENT ON AN AS NEEDED BASIS, RFP NO. B2024-15

[To be attached]

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Request for Proposals (RFP)
City of Torrance | 3031 Torrance Blvd, Torrance CA 90503 | www.TorranceCA.Gov

RFP No. B2024-15 RFP for Expedited Plan Check Services for Community Development Department on an as Needed Basis

RFP Submittal Information
No mail or hand delivered Proposals. No faxed proposals.

No Late proposals.

Location: City of Torrance
Purchasing Division
3031 Torrance Blvd.

Torrance, CA 90503
Date: December 16, 2024
Time Deadline: 12:00 p.m. Local (Pacific) Time

Submittal Requirements
Your submittal must include the following:

• Vendor’s Response (Section III of this document) on the forms provided. If additional space is required, please attach additional pages.
• Bidders Affidavit (Attachment 1)
• Brief summary of your firm, its capabilities, and its recent experience. Also, describe your demonstrated experience with similar projects and qualification including professional licenses and certifications.
• Qualifications of the consultant and references from cities and/or counties that have contracted for similar services from the consultant. Past experience checking plans for local jurisdictions. • Qualifications of the plans reviewers who will be providing services.

Proposers will be disqualified if their proposal does not include the above items.

Prior to the award of a Contract
The successful vendor, must submit the following to the City of Torrance • Proof of insurance and applicable bonds, as indicated in the terms and conditions of this RFP document.
• Proof of a City of Torrance Business License, please contact the City of Torrance Business License Office at (310) 618-5923.

Questions Regarding this RFP Must be Submitted on PlanetBids • The deadline to submit questions is 12:00 Noon Pacific Time on Monday, December 9, 2024.
• All questions regarding this RFP must be submitted online.

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RFP No. B2024-15 RFP for Expedited Plan Check Services for Community Development Department on an as Needed Basis

SECTION I RFP INSTRUCTIONS AND INFORMATION
Notice is hereby given that sealed proposals will be received online until 12:00 p.m. December 16, 2024.

The City of Torrance:

The City of Torrance is on the western side of Los Angeles County. It is boarded by the Palos Verdes Peninsula on the south, the City of Gardena on the north, the City of Redondo Beach on the north and west boundaries, the City of Lomita on the east and the Pacific Ocean on the west. The City encompasses an area of approximately 21 square miles, 329 miles of Streets, 1870 intersections, 550 miles of sidewalks, 47,000 Street Trees, 6 Public Libraries, a Municipal Airport, Transit System, 46 Parks & Recreation Amenities, 6 Fire Stations, 1 Police Station and 1 Police Community Center, and has an estimated population of approximately 146,115, which makes Torrance one of the top 10 cities in Los Angeles County in regards to population.

Background:

The City of Torrance (hereinafter referred to as the “City”) is requesting for proposals (RFP) from qualified firms with experience in providing expedited plan check for the City’s Building and Safety Division of the Community Development Department on an as needed basis. The selected firms will work with the Building Official and their staffs to review plans and documents for code compliance.

Services include, but not limited to, review of commercial, residential, industrial plans and documents for compliance with the current edition of the California Building Standards Code as adopted and amended by the City of Torrance, City of Torrance Ordinances, and all applicable codes and statutes.

Definitions:

Word Definition as applied to this RFP
City The City of Torrance, California
Vendor, Contractor,
Proposer, Firm or
Consultant
The person, firm, company or corporation providing services to the City, or submitting a proposal in response to this RFP
Contract, Purchase
Order, Agreement,
Purchasing Agreement
The agreement between the awarded Vendor and the City as a result of this Request for Proposals
Proposal Submittal Form:

Prospective bidders must submit bids in electronic only format at https://pbsystem.planetbids.com/portal/47426/portal-home; The proposal must be made on the form provided and uploaded on PlanetBids.

Scan and attach the following required documents to your eBid. This list may not be all-inclusive; additional items may be required elsewhere in bid specifications. Failure to provide required documents with bid may cause the bid to be deemed non-responsive.) If an individual makes the proposal, it must be signed by that individual, with an address and telephone number. If made by a business entity, it must be signed by an authorized person that executes binding agreements and contracts. A full business address and telephone are required. 19 3
Blank spaces in the proposal form must be completed using ink, indelible pencil, typewriter or digitally.

The text of the proposal form must not be changed and no additions. Any unauthorized conditions, limitations, or provisos attached to a proposal will render it informal and may cause its rejection.

Alterations by erasure or interlineations must be explained or noted in the proposal form over the signature of the Proposer.

Questions:

All questions regarding this RFP must be submitted online no later than 12:00 PM Monday, December 9, 2024. Answers to questions will be posted online for all interested bidders to review.

Bidders who have downloaded bid documents by the time that the questions are responded to will receive an automated email notifying them of additional information and/or addendums that have been posted to the website. No questions via telephone. No questions submitted after deadline.

Written answers and any other changes to the RFP will be sent via Planetbids to all known prospective proposers as an addendum to the RFP.

Errors and Omissions:

The proposer may not take advantage of any errors and/or omissions in these specifications or in the proposer’s specifications submitted with its proposal. If there are errors or omissions, you will be notified.

Proposers Examination of Requirements:

The Proposer is required to examine carefully the site, the instructions, information and specifications of this document, investigate the conditions, the character, quality and quantity of work to be performed as required by this document. Submission of a proposal will be considered prima facie evidence that the Proposer has made such examination.

Reservation:

The City reserves the right to revise or amend these specifications prior to the date set for opening proposals. Revisions and amendments will be identified by an addendum to this RFP. If the revisions require additional time to enable vendors to respond, the City may postpone the opening date accordingly. In such case, the addendum will include an announcement of the new proposal submittal due date.

Attach all addenda to the proposal. Failure to attach any addendum may render the proposal non- responsive and cause for rejection.

The City reserves the right to award a contract to a company solely based on the initial proposal submitted. The City reserves the right to require more information and clarification on information submitted in the proposal to complete the evaluation.

The City Council reserves the right to reject any and all proposals received, to take all proposals under advisement for a period not to exceed ninety (90) days after the date of the opening, to waive any informality on any proposal, and to be the sole judge of the relative merits of the material and or service mentioned in the respective proposals received. The City reserves the right to reject any proposal not accompanied with all data or information required. 20 4
This Request for Proposals does not commit the City to award a contract or to pay any cost incurred in the preparation of a proposal. All responses to this RFP document become the property of the City of Torrance.

The City reserves the right to examine all factors bearing on a Proposer’s ability to perform the services under the contract. The City reserves the right to reject any proposal not accompanied with all data or information required. The City reserves the right to cancel this solicitation, without penalty, at its sole discretion.

Affidavit:

An affidavit form is enclosed. It must be completed signifying that the proposal is genuine and not collusive or made in the interest or on behalf of any person not named in the proposal, that the proposer has not directly or indirectly induced or solicited any other proposer to put in a sham proposal or any other person, firm, or corporation to refrain from proposing, and that the proposer has not in any manner sought by collusion to secure for itself an advantage over any other proposer. Any proposal submitted without an affidavit or in violation of this requirement will be rejected. (Attachment 1)
License Requirements:

The successful proposer is required to show proof of a current license of the following:
• Licensed Professional Engineer in the State of California in Civil, Structural and Geotechnical • Certified Access Specialist (CASp) certification from California Division of State Architect • Certified Plans Examiners
Evaluation of Proposals:

The City will be the sole determiner of suitability to the City’s needs. Proposals are rated according to their completeness and understanding of the City’s needs, conformance to the requirements of the technical specifications, compatibility with the City’s current technology and operations, prior experience with similar scope of work, financial capabilities, delivery, and cost. Cost including any ongoing maintenance and support cost are reviewed to determine which proposal best meets the needs of the City.

The City will take into consideration a local Torrance vendor sales tax rebate of 1.50% for proposals submitted by a Torrance vendor that include a material component.

The City’s project evaluation team will evaluate proposals based on the evaluation criteria listed below. Points will be assigned to each criterion up to a maximum of 100 points. Proposals will be ranked and that ranking will be made public.

Subsequently, the City may interview a qualified Firm, prior to deciding whether to recommend the award of an Agreement.
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Description of Evaluation Criteria Possible Points
Firm’s qualifications and experience with similar projects 30 Qualifications of proposed project team 20
Cost and Cost Effectiveness 20
Understanding of the project and scope of work; and completeness of RFP
10 Relevant projects of proposed project team members 10 Staffing (On-site Staffing) 10
Maximum Total Points = 100
PART I – EVALUATION OF PROPOSALS: After receipt of proposals for this project, the City’s project evaluation committee will evaluate proposals based on the criteria listed below (with exception of cost), and develop a short list of qualified Firms. The Firms on this short list will be invited to interview with the City.

PART II – INTERVIEW: An interview will be held for qualified firms at the discretion of the City.

The Contract:

The awarded vendor will be required to enter into a written contract with the City of Torrance. A copy of the standardized contract, which will be modified to reflect the awarded RFP, is attached to the documents section in PlanetBids. A copy of this RFP and the accepted proposal will be attached to and become a part of the contract.

Contract Term:

The initial contract will be for a period of five years from December 15, 2024.

Consumer Price Index:

If the contract is extended after the initial period, commencing in the subsequent year, the contract may be increased by the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Los Angeles area (April-to-April).

Independent Contractor:

The successful proposer will at all times remain to the City, a wholly independent contractor. Neither the City nor any of its agents will have control over the conduct of the Contractor or any of the Contractor’s employees, except as otherwise set forth in the awarded Agreement. The Contractor’s agents and employees are not and will not be considered employees of the City for any purpose. The Contractor may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Contractor’s agents or employees under the Affordable Care Act. The Contractor is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act and any other liabilities, claims and obligations regarding compliance with the Affordable Care Act with respect to the Contractor’s agents and employees. The City is not responsible or liable for the Contractor’s failure to comply with the 22 6
Contractor’s duties, obligations, and responsibilities under the Affordable Care Act. The Contractor agrees to defend, indemnify and hold the City harmless for all taxes and penalties that may be assessed against the City because of the Contractor’s obligations under the Affordable Care Act relating to the Contractor’s agents and employees.

Payments:

Complete payment on the contract price will be made in approximately thirty (30) days from date of delivery, or completion and acceptance, unless otherwise provided for in Proposer’s proposal or in these specifications. Payments will be made upon verification and acceptance by the City of contract services performed and upon the City’s receipt of a correct invoice.

Suspension of Procurement:

The City may suspend, in writing all or a portion of the procurement of materials or services pursuant to this RFP and subsequent contract agreement, in the event unforeseen circumstances make such procurement impossible or infeasible, or in the event, City should determine it to be in the best interest of City to cancel such procurement of services or materials.

In the event of termination, selected Proposer will perform such additional work as is necessary for the orderly filing of documents, and closing of project.

The selected Proposer will be compensated for the terminated procurement based on materials or services actually furnished or performed prior to the effective date of termination, plus the work reasonably required for filing and closing.

Notice of Intent to Award:

Approximately two (2) weeks prior to the anticipated City Council meeting awarding a contract because of the RFP, the City will notify all proposer’s of its intent to award. Results will be posted on the City of Torrance Web site https://pbsystem.planetbids.com/portal/47426/portal-home 23 7
RFP No. B2024-15 RFP for Expedited Plan Check Services for Community Development Department on an as Needed Basis

SECTION II TECHNICAL REQUIREMENTS
Overview/Introduction:

The purpose of the RFP is to seek qualified firms to perform expedited plan review services of commercial, residential, industrial and structures for verification of compliance with the current adopted California Building Standards Code, City of Torrance Ordinance, and all applicable codes and statues. Services may include providing temporary staff on-site to perform plan review of various building and structure types for compliance with the adopted codes. Firms responding to this RFP should be able to demonstrate that the personnel that they employ possess certifications and/or licenses relevant to the work they are performing. The City’s intent is to minimize response time and improve overall efficiency for our customers. The City may select multiple vendors.

This RFP is intended to be as descriptive as possible. However, Proposers may not take advantage of omissions or oversights in this document. Proposers must supply products and services that meet or exceed the requirements of this RPF. In the event of a dispute over installation or performance, the needs of the City of Torrance will govern.

Scope of Work:

The ideal firms will provide highly qualified licensed design professionals and certified individuals to provide efficient, accurate and timely plan checks services with sufficient staffing to meet the City’s needs. The staff should have previous experience working for cities, be customer-service oriented, and have experience successfully managing multiple tasks, assignments and responsibilities. Firm shall have the capability to conduct electronic plan review.

The selected firm will be required to review all building, energy, and green related documents submitted by private developers, contractors, designers, and owners for construction and reconstruction projects.
• Plans must be checked according to all applicable codes and statutes as well as project Conditions of Approval from other City departments. All plans must be stamped and signed off if they meet all such requirements, and all changes/corrections must be identified and addressed prior to approval.
• All plan review services shall be performed by a licensed design professional (State of California) and certified individuals with extensive experience in plan review. All staff utilized by Consultant shall be appropriately licensed, registered, and certified as required by the State of California and the City to perform each of the specific scopes of work.
• Consultant shall review all plan check applications for accuracy and make all necessary revisions to such items as description, valuation, square footage, type of construction, and use. All plan review correction materials including marked up plans, documents, and plan check correction lists shall be provided in the City desired format to the City representative immediately upon completion of the plan review at no extra charge to City. This process includes pickup and delivery of the submitted plans. 24 8

• Provide plan check status reports and statistical reports upon request of City in the format type requested by the City (paper or electronic). The information requested may include such information as project name, address, description, square footage, and type of construction, type of review(s) performed, hour(s) required per review, reviewer name, reviewer credentials and turnaround time of plan review(s). • Consultant shall be available to attend pre-submittal and design discussion meetings with the permit applicant as requested by the City. These meetings shall be compensated at the rate of one (1) hour of straight-time compensation and do not include travel time.
• Ability to provide electronic plan check services.
• Maintain one (1) individual as the contact for all communication with the City. • Ability to provide plan review services at the City upon request. Consultant shall provide all necessary materials and resources to assigned personnel sufficient to perform their works.

In order to meet city-established standards, the expected turnaround times for plan review are as follows:
• All projects – 10 business days from date of receiving the drawings.

General Requirements:
• Brief summary of your firm, its capabilities, and its recent experience. Also, describe your demonstrated experience with similar projects and qualification including professional licenses and certifications.
• Qualifications of the consultant and references from cities and/or counties that have contracted for similar services from the consultant. Past experience checking plans for local jurisdictions. • Qualifications of the plans checkers and inspectors who will be providing services.

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RFP No. B2024-15 RFP for Expedited Plan Check Services for Community Development Department on an as Needed Basis

SECTION III PROPOSAL SUBMITTAL
FAILURE TO COMPLETE ALL ITEMS IN THIS SECTION MAY INVALIDATE PROPOSAL.

In accordance with your "Request for Proposals (RFP)", the following proposal is submitted to the City of Torrance.

RFP Submitted By:

________________________________________________________________________________ Name of Company

________________________________________________________________________________ Street Address City Zip Code

________________________________________ _____________________________________ Telephone Number Fax Number

________________________________________ _____________________________________ Printed Name/Title E-Mail Address

________________________________________ ___________________________________ Signature Date

Form of Business Organization: Please indicate the following (check one).

Corporation Partnership Sole Proprietorship Other: ___________________________

Do you have a Parent Company? No Yes, ___________________________________ (Name of Parent Company)
Do you have any Subsidiaries? No Yes, ___________________________________ (Name of Subsidiary Company)
Business History:

Years in business under your current name and form of business organization? ________ Years If less than three (3) years and your company was in business under a different name, what was that name?
________________________________________________________________________________

________________________________________________________________________________

Contact for Additional Information:

Please provide the name of the individual at your company to contact for any additional information:

Proposal Submittal (continued):

Vendor Name: ____________________________________________________________

Payment Terms: The City of Torrance Payment terms are Net 30. The City does not make pre- payments, or pay upon receipt.

Do you offer any discounted invoice terms? _____________________________

Project Start and Completion:

The City requires the project to start as soon as possible from the award of a contract and the project completed as soon as possible. Specific periods that are mutually agreed upon will be established after award of a contract.

Project Manager:

Please provide the name of the individual at your company who will serve as Project Manager for this contract.

_________________________________________ __________________________________ Name Title
_______________________ __________________ ____________________________________ Telephone Number Fax Number Email Address

Contract Representative:

Please provide the name of the individual at your company who will be responsible for administering this contract.

____________________________________________ _________________________________ Name Title
_______________________ __________________ _________________________________ Telephone Number Fax Number Email Address

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Vendor Name: ____________________________________________________________

Sub Contractors:

If awarded, will you be using sub contractors to carry out the scope of work required in this RFP?

Yes, we will be using sub contractors and have listed their contact information below.

No, we will not be using any sub contractors for this project.

_______________________ __________________ ______________________________ Company Name Contact Name Title

_______________________ __________________ ________________________________ Telephone Number Fax Number Email Address

Please explain the working relationship between your company and the sub contractor.

_________________________________________________________________________________

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Proposal Submittal (continued):

Vendor Name: ____________________________________________________________

Background and Recent Experience with Similar Projects:

In the space below, please provide a narrative explaining your background and recent experience with similar projects as the scope of work identified in this RFP. (Please attach additional sheet if needed.)

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Proposal Submittal (continued):

Vendor Name: ____________________________________________________________

Work Plan for Each Required Task:

In the space below, please describe in detail the methodology you will be utilizing to conduct for each task. (Please attach additional sheets if needed.)

30 14

Proposal Submittal (continued):

Vendor Name: ____________________________________________________________

References:

Please supply the names of companies/agencies for which you recently supplied comparable goods/services as requested in this RFP. A minimum of three (3) references is required; additional references are optional. References from public agencies are preferred. Do not include the City of Torrance as a reference for this RFP.

1 Name of Company/Agency:

Street Address:

City:

State, Zip Code:

What Product/Service did you
provide to this Company/Agency?

Name of Person to Contact:

Phone Number of Contact:

Email Address of Contact:

2 Name of Company/Agency:

Street Address:

City, State Zip Code:

What Product/Service did you
provide to this Company/Agency?

Name of Person to Contact:

Phone Number of Contact:

Email Address of Contact:

3 Name of Company/Agency:

Street Address:

City, State Zip Code:

What Product/Service did you
provide to this Company/Agency?

Name of Person to Contact:

Phone Number of Contact:

Email Address of Contact:

31 15

Proposal Submittal (continued):

Vendor Name: ____________________________________________________________

RFP Submittal Requirement and Acknowledgement
Vendors are required to answer each of the questions listed below. You must indicate below that you have provided this information in your proposal submittal. You must attach additional sheets to your RFP submittal describing in detail the service you are proposing.

RFP Scope of Work Questions

Indicate what page in your
proposal you have
answered this question.

Did you include a signed Affidavit Form with your RFP Submittal?

Yes No

Did you include proof of a valid State of California Civil, Structural, Geotechnical Engineering License.

Did you include proof of a valid Certified Access Specialist (CASp) certification from California Division of State Architect.

Did you include proof of relevance certifications to perform plan review and inspection?

Yes No

Did you attach additional sheets to answer the Background and Recent Experience with Similar Projects information within this RFP?

Yes No

Page ___ of our submittal.

Did you complete a project proposal as described in the Technical Requirements?

Yes No

Did you review all addenda, if any, issued by the City?

Yes No

Did you include resumes of no more than three (3) qualified candidates?

Yes No

Page ___ of our submittal.

Did you include References?

Yes No

Page ___ of our submittal

Are your Wage Rates (Non-Prevailing) Included?

Yes No

Page ___ of our submittal.

Have you included Proposed Alternative Language to City’s Pro Forma Consulting Services Agreement (if applicable)

Yes No

Page ___ of our submittal

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Proposal Submittal (continued):

Vendor Name: ____________________________________________________________

RFP Submittal Requirement and Acknowledgement Continued Vendors are required to answer each of the questions listed below. You must indicate below that you have provided this information in your proposal submittal. You must attach additional sheets to your RFP submittal describing in detail the service you are proposing.

RFP Scope of Work Questions

Indicate what page in your
proposal you have answered
this question.

Did you indicate your price to provide the plans review services as indicated in this RFP?

Yes No

Page ___ of our submittal.

Did you describe your experience with plan check review? Yes No

Page ___ of our submittal.

33 17

Proposal Submittal (continued):

Vendor Name: ____________________________________________________________

Price Proposal Cost Breakdown To Provide the Services Required in this RFP Description No. of Hours Labor Cost/hr ($) Cost

$ $
$ $
$ $
$ $
Total Price Proposal $

Price Proposal
In accordance with your "Request for Proposal", the following price proposal is submitted to the City of Torrance. We understand that our price submittal is a not to exceed amount and that if we are selected to enter into negotiations with the City the pricing may be adjusted down unless additional services are requested and pricing will be negotiated and adjusted accordingly.

Category Description
(Vendor must attached a full description for each
category explaining what they are proposing) All services must be itemized. Do not bundle.

Proposal Not to Exceed
Amount by Category Description
Building Plan Check** $
Total Amount for Project $

** This review include energy, green building, accessibility, references and all applicable codes and statues.
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RFP Document Revised September, 2019

ATTACHMENT 1

STATE OF CALIFORNIA
PROPOSER’S AFFIDAVIT

COUNTY OF LOS ANGELES

____________________________ being first duly sworn deposes and says:

1. That he/she is the ___________________________ of _____________________________ (Title of Office) (Name of Company)

Hereinafter called “proposer”, who has submitted to the City of Torrance a proposal for

__________________________________________________________________________ (Title of RFP)

2. That the proposal is genuine; that all statements of fact in the proposal are true;

3. That the proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not named or disclosed;

4. That the Proposer did not, directly or indirectly, induce solicit or agree with anyone else to submit a false or sham proposal, to refrain from proposing, or to withdraw his proposal, to raise or fix the proposal price of the Proposer or of anyone else, or to raise or fix any overhead, profit or cost element of the Proposer’s price or the price of anyone else; and did not attempt to induce action prejudicial to the interest of the City of Torrance, or of any other Proposer, or anyone else interested in the proposed contract;

5. That the Proposer has not in any other manner sought by collusion to secure for itself an advantage over the other Proposer or to induce action prejudicial to the interests of the City of Torrance, or of any other Proposer or of anyone else interested in the proposed contract;

6. That the Proposer has not accepted any proposal from any subcontractor or materialman through any proposal depository, the bylaws, rules or regulations of which prohibit or prevent the Proposer from considering any proposal from any subcontractor or material man, which is not processed through that proposal depository, or which prevent any subcontractor or materialman from proposing to any contractor who does not use the facilities of or accept proposals from or through such proposal depository;

7. That the Proposer did not, directly or indirectly, submit the Proposer’s proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Torrance, or to any person or persons who have a partnership or other financial interest with said Proposer in its business.

8. That the Proposer has not been debarred from participation in any State or Federal works project.

Dated this ____ day of ________________, 20_____.

_____________________________________
(Proposer Signature)

_____________________________________
(Title)

35 Document1 1

CONSULTING SERVICES AGREEMENT

This CONSULTING SERVICES AGREEMENT (“Agreement”) is made and entered into as of Date (the “Effective Date”), by and between the CITY OF TORRANCE, a municipal corporation (“CITY”), and CONSULTANT Name, type of entity (“CONSULTANT”).

RECITALS:

A. CITY wishes to retain the services of an experienced and qualified CONSULTANT to insert brief description of services.

B. In order to obtain the desired services, CITY has circulated its Request for Proposal for insert brief title of RFP, RFP No. insert RFP No. (the “RFP”).

C. CONSULTANT has submitted a Proposal (the “Proposal”) in response to the RFP. In its Proposal CONSULTANT represents that it is qualified to perform those services requested in the RFP. Based upon its review of all proposals submitted in response to the RFP, CITY is willing to award this Agreement to CONSULTANT.

AGREEMENT:

1. SERVICES TO BE PERFORMED BY CONSULTANT
CONSULTANT will provide the services and install those materials listed in CONSULTANT’s Proposal submitted in response to the RFP. A copy of the RFP is attached as Exhibit A. A copy of the Proposal is attached as Exhibit B.

CONSULTANT warrants that all work and services set forth in the Proposal will be performed in a competent, professional and satisfactory manner.

2. TERM
Unless earlier terminated in accordance with Paragraph 4 below, this Agreement will continue in full force and effect from the Effective Date through .

3. COMPENSATION
A. CONSULTANT’s Fee.

For services rendered pursuant to this Agreement, CONSULTANT will be paid in accordance with the Compensation Schedule set forth in the Proposal; provided, however, that in no event will the total amount of money paid CONSULTANT, for services initially contemplated by this Agreement, exceed the sum of $insert dollar amount (“Agreement Sum”), unless otherwise first approved in writing by CITY.

B. Schedule of Payment.

Provided that CONSULTANT is not in default under the terms of this Agreement, upon presentation of an invoice, CONSULTANT will be paid 36 Document1 2
the fees described in Paragraph 3.A. above, according to the Compensation Schedule. Payment will be due within 30 days after the date of the invoice.

4. TERMINATION OF AGREEMENT
A. Termination by CITY for Convenience.

1. CITY may, at any time, terminate the Agreement for CITY’s convenience and without cause.

2. Upon receipt of written notice from CITY of such termination for CITY’s convenience, CONSULTANT will:

B. Termination for Cause.

2. In the event this Agreement is terminated for cause by the default of CONSULTANT, CITY may, at the expense of CONSULTANT
and its surety, complete this Agreement or cause it to be completed. Any check or bond delivered to the CITY in connection with this Agreement, and the money payable thereon, will be forfeited to and remain the property of the CITY. All moneys due CONSULTANT under the terms of this Agreement will be retained by CITY, but the retention will not release CONSULTANT and its surety from liability for the default. Under these circumstances, however, CONSULTANT and its surety will be credited with the amount of money retained, toward any amount by which the cost of 37 Document1 3
completion exceeds the Agreement Sum and any amount
authorized for extra services.

C. Termination for Breach of Law.

6. RETENTION OF FUNDS
CONSULTANT authorizes CITY to deduct from any amount payable to CONSULTANT (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and 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 obligations 38 Document1 4
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 exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of CONSULTANT to insure, indemnify, and protect CITY as elsewhere provided in this Agreement.

7. CITY REPRESENTATIVE
City Representative is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this Agreement and to make all decisions in connection with this Agreement. Whenever approval, directions, or other actions are required by CITY under this Agreement, those actions will be taken by the City Representative, unless otherwise stated. The City Manager has the right to designate another City Representative at any time, by providing notice to CONSULTANT.

Representative 1
Representative 2

9. INDEPENDENT CONTRACTOR
CONSULTANT is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its agents will have control over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as otherwise set forth in this Agreement. CONSULTANT’s agents and employees are not and shall not be considered employees of CITY for any purpose. CONSULTANT may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY. CITY has no duty, obligation, or responsibility to CONSULTANT’s agents or employees under the Affordable Care Act. CONSULTANT is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act and any other liabilities, claims and obligations regarding compliance with the Affordable Care Act with respect to CONSULTANT’s agents and employees. CITY is not responsible and shall not be held liable for CONSULTANT’s failure to comply with CONSULTANT’s duties, obligations, and responsibilities under the Affordable Care Act. CONSULTANT agrees to defend, indemnify and hold CITY harmless for any and all taxes and penalties that may be assessed against CITY as a result of CONSULTANT’s obligations under the Affordable Care Act relating to CONSULTANT’s agents and employees.

39 Document1 5

10. BUSINESS LICENSE
CONSULTANT must obtain a City business license prior to the start of work under this Agreement, unless CONSULTANT is qualified for an exemption.

11. OTHER LICENSES AND PERMITS
CONSULTANT warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this Agreement.

15. INDEMNIFICATION
CONSULTANT will indemnify, defend, and hold harmless CITY, the Successor Agency to the Former Redevelopment Agency of the City of Torrance, the City Council, each member thereof, present and future, members of boards and commissions, their officers, agents, employees and volunteers (collectively “City Affiliates”) from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages whatsoever, including, but not limited to, those arising from breach of contract, bodily injury, death, personal injury, property damage, loss of use, or property loss however the same may be caused and regardless of the responsibility for negligence. The obligation to 40 Document1 6
indemnify, defend and hold harmless includes, but is not limited to, any liability or expense, including defense costs and legal fees, arising from the negligent acts or omissions, or willful misconduct of CONSULTANT, its officers, employees, agents, subCONSULTANTs or vendors. CONSULTANT’s obligations to indemnify, defend and hold harmless will apply even in the event of concurrent negligence on the part of City Affiliates, except for liability resulting solely from the negligence or willful misconduct of City Affiliates. Payment by CITY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and CITY, as to whether liability arises from the sole negligence of City Affiliates, CONSULTANT will be obligated to pay for the defense of City Affiliates until such time as a final judgment has been entered adjudicating City Affiliates as solely negligent. CONSULTANT will not be entitled in the event of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

1. Automobile Liability, including owned, non-owned and hired vehicles, with at least the following limits of liability:

a. Primary Bodily Injury with limits of at least $500,000 per person, $1,000,000 per occurrence; and

b. Primary Property Damage of at least $250,000 per
occurrence; or

c. Combined single limits of $1,000,000 per occurrence.

///

41 Document1 7

4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’S profession, with limits no less than $2,000,000 per occurrence or claim, $4,000,000 aggregate.

B. The insurance provided by CONSULTANT will be primary and non- contributory.

E. Each insurance policy required by this Paragraph must contain a provision that no termination, cancellation or change of coverage can be made without notice to the CITY.

G. The procuring of insurance shall not be construed as a limitation on liability nor as full performance of the indemnification provisions of the CONSULTANT.

H. Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 42 Document1 8
c. If coverage is canceled or non-renewed, and not replaced with another claims-made poli cy form with a Retroactive Date prior to the contract effective date, the Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

J. Self-insured retentions must be declared to and approved by the CITY.

B. No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any 43 Document1 9
specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.

20. NOTICE
A. All notices, requests, demands, or other communications under this Agreement will be in writing. Notice will be sufficiently given for all purposes as follows:

1. Personal delivery. When personally delivered to the recipient, notice is effective on delivery.

3. Certified mail. When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.

6. Addresses for purpose of giving notice are as follows:

CONSULTANT: CONSULTANT’S NAME AND

ADDRESS

Fax: INSERT FAX NUMBER

CITY: City Clerk
City of Torrance
3031 Torrance Boulevard
Torrance, CA 90503
Fax: (310) 618-2931

B. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed 44 Document1 10
or deemed undeliverable by the postal authorities, messenger or overnight delivery service.

C. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement.

25. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.

28. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver.

A party’s consent or approval of any act by the other party requiring the first party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by 45 Document1 11
either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this Agreement.

30. EXHIBITS
All exhibits identified in this Agreement are incorporated into the Agreement by this reference.

///

///
46 Document1 12

In the event the CITY is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of a proposal marked “trade secret”, “confidential”, or “proprietary”, the CONSULTANT agrees to defend and indemnify the CITY from all costs and expenses, including reasonable attorney’s fees, in action or liability arising under the Public Records Act.

CITY OF TORRANCE,
a municipal corporation

_______________________________
George K. Chen, Mayor

Firm Name
Type of Entity

By:________________________________
Signer
Title

ATTEST:

_______________________________
Rebecca Poirier, MMC
City Clerk

APPROVED AS TO FORM:

PATRICK Q. SULLIVAN
City Attorney

By: ____________________________

Attachments: Exhibit A Request for Proposals
Exhibit B Proposal

Rev. 0424
47 EXHIBIT A

REQUEST FOR PROPOSALS

[To be attached]

48 EXHIBIT B

PROPOSAL

[To be attached]

49 EXHIBIT B

BUREAU VERITAS NORTH AMERICA, INC.’S PROPOSAL

[To be attached]

50 City of Torrance
Expedited Plan Check Services for Community Development Department on an as Needed Basis (B2024-15), bidding on 12/16/2024 12:00 PM (PST)

Page 1 of 1 ends

Printed 12/16/2024
PlanetBids
51 BUREAU VERITAS 250 N Westlake Blvd STE 150, Westlake Village, CA 91362 P 805.230.2888 | www.bvna.com
1 BV BUILDING & INFRASTRUCTURE, FACILITIES DIVISION

PROPOSALPROPOSAL

CITY OF TORRANCECITY OF TORRANCE
RFP NO. B2024-15 - EXPEDITED PLAN CHECK SERVICES RFP NO. B2024-15 - EXPEDITED PLAN CHECK SERVICES

FOR COMMUNITY DEVELOPMENT DEPARTMENT ON AN AS FOR COMMUNITY DEVELOPMENT DEPARTMENT ON AN AS

NEEDED BASISNEEDED BASIS

FOR THE CITY OF TORRANCE
Sally Kyung, Purchasing
3031 Torrance Blvd
Torrance, California 90503
P: 310.618.5936
E: [email protected]

CONTACTS REGARDING THIS PROPOSAL
Craig Baptista, Vice President - West, Plan Check & Inspection Bureau Veritas North America, Inc.
250 N Westlake Blvd STE 150
Westlake Village, CA 91362
O. 916.514.4516 | C. 916.291.9151
E. [email protected]
December 16, 2024
Proposal No. 10120785
52 BUREAU VERITAS 250 N Westlake Blvd STE 150, Westlake Village, CA 91362 P 805.230.2888 | www.bvna.com
1 Vendor’s Response – Section III
December 16, 2024

Sally Kyung, Purchasing
City of Torrance
3031 Torrance Blvd
Torrance, California 90503
RE: RFP No. B2024-15 - Expedited Plan Check Services for Community Development Department on an as Needed Basis Dear Ms. Kyung,
Bureau Veritas North America, Inc. (BV) is pleased to submit our qualifications to provide Expedited Plan Check Services for Community Development Department on an as Needed Basis for the City of Torrance (City). Our proposal will highlight previous experience in providing similar services to nearby jurisdictions. We have the breadth and depth of resources, skills and expertise needed to provide the requested services for the City. We have served nearly 200 agencies with building plan review and related services throughout California over the course of 49 years. In addition, we have an established relationship with the City of Torrance in providing plan review services to the City’s Public Works Department in 2020.

We are keenly aware of the desire for high-quality customer service, timely reviews, reliability, responsiveness and cost-effective solutions. Our commitment to provide accurate and appropriate solutions to our clients and our ability to quickly and efficiently meet the needs of the communities that we serve makes BV an ideal partner for the City of Torrance. We offer optimal solutions to deliver quality services, including:
▪ Unparalleled plan review and related building safety services by licensed and certified professionals ▪ Proven experience in serving jurisdictions in coastal communities and throughout California ▪ Established relationships to ensure timely reviews, transparency and responsiveness ▪ Depth of resources to maximize flexibility and deliver quality services ▪ Electronic review and best practices to consistently meet turnaround schedules A unique feature of Bureau Veritas is that the whole company is subject to the high standards of the ISO 9001:2015 Quality Management System. This system is applied to our entire operation and periodic audits certify the company continues to be in full compliance. This assures our clients that wherever our services are provided, they will be accurately prepared and the deliverables will be received in a timely manner.

The designated Project Manager for the provision of services will be Joe Chao, P .E., Regional Manager. Craig Baptista, Vice President, West - Plan Check & Inspection is your point-of-contact with legal authority to bind the terms of the contract.

Mr. Baptista has read, understood and agreed to all statements and conditions in this RFP and acknowledges receipt of all addenda. No addenda were issued for this RFP .

BV looks forward to an expanded successful, professional relationship with the City of Torrance by providing excellent Expedited Plan Check Services for Community Development Department on an as Needed Basis , promoting transparency in our work, and exceeding your expectations.

Sincerely,
Craig Baptista, M.B.A.

Vice President, West - Plan Check & Inspection
250 N Westlake Blvd STE 150
Westlake Village, CA 91362
O. 916.514.4516 | C: 916.291.9151
E. [email protected]
53 VENDOR’S RESPONSE –

SECTION III
54 BUREAU VERITAS 250 N Westlake Blvd STE 150, Westlake Village, CA 91362 P 805.230.2888 | www.bvna.com
3 Vendor’s Response – Section III
9 RFP No. B2024-15 RFP for Expedited Plan Check Services for Community Development Department on an as Needed Basis