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HomeMy Public PortalAboutAgreement_2016-06-15_Transtech Engineers_Third AmendmentTHIRD AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES For Building Code Administration and Public Works/Engineering Services by and between the CITY OF TEMPLE CITY and TRANSTECH ENGINEERS, INC. A California corporation Dated June 15, 2016 THIRD AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES This Third Amendment to Agreement for Consulting Services for Building Code Administration and Public Works/Engineering Services ("Third Amendment"), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city ("City"), and TRANSTECH ENGINEERS, INC., a California corporation ("Consultant"), as follows: RECITALS A. City and Consultant entered in an Agreement for Consulting Services on July 1, 2012 ("Agreement'). The Agreement provides that Consultant will provide Building Code Administration and Public Works/Engineering Services to City. The Agreement was amended by the First Amendment on September 3, 2013 ("First Amendment"), and further amended by the Second Amendment on April 5, 2016 ("Second Amendment"). B. Section B of Exhibit "C" of the Agreement provides for General Liability and Automobile Liability Coverage. C. Section B, Sub Section 2 (b) of Exhibit "C" of the Agreement provides that Consultant's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant's insurance. D. The parties desire to modify the Agreement to provide that City's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed officers, officials, employees and volunteers with respect to Automobile Liability Coverage while Consultant's employee is driving a City vehicle while assuming the duties of a Building and Code Inspector I. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Third Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. The Agreement is hereby modified and amended as follows: 1.1 General Liability and Automobile Liability Coverages. Section B, Sub Section 2 (b) of Exhibit "C" of the Agreement is hereby amended to read in whole as follows: Consultant's insurance coverage shall be primary insurance with respect to City, and its elected and appointed officers, officials, employees and volunteers. Any insurance or self insurance maintained by the City, and its elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant's insurance. With respect to Automobile Liability Coverage and only while Consultant's employee is driving a City vehicle when assuming the duties of a Building and Code Inspector I, City's coverage shall be primary with respect to City, and its elected and appointed officers, officials, employees and volunteers, and any insurance or self insurance maintained by the Consultant, and its elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, City's coverage. -2- 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except as specifically modified and amended in this Third Amendment, the Agreement remains in full force and effect and binding upon the parties. 2.2 Integration. This Third Amendment consists of pages 1 through 4 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Third Amendment. 2.3 Effective Date. This Third Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Consultant. 2.4 Applicable Law. The laws of the State of Califon -da shall govern the interpretation and enforcement of this Third Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Third Amendment. IN WITNESS WIIEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. -3- ATTEST: P-u� /, .vu Peggy Kuo, i y Jerk APPROVED AS TO FORM: Eric S. VariVbty Attorney CITY: THE CITY OF TEMPLE CITY By: Bryan Cook, City Manager CONSULTANT: TRANSTECH ENGINEERS, INC. By: /I -7k -- — Name: OKon 3er,:ru 1 /.. .1►. \t Name: A4(A .. NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. SUSAN M. DUNN, NOTARY PIIRI I -4- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sc^eDZRR4VZg%no On �' " ZZ - ) b before me, Date personally appeared 0kr'-t' A y\w SUSAN M. DUNN, NOTARY PIIRI IC Here Insert Name and Title of the Officer miQci of Signers) ;� f-\ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -ie/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by birAer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. -------------- SUSAN M. DUNN D COMM. # 1989286 NOTARY PUBLIC - CALIFORNIA 0 - LOS ANGELES COUNTY D COMM. EXPIRES SEPT 23, 2016 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _ WITNESS my OPTIONAL Public M. DUNN, NOTARY PI 11110r. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docu Title or Type of I Document Date: Is- t fo Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I-1 Other: Signer Is Representing: nber of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F1 Other: Signer Is Representing: 02015 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907