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.
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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.
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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
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Name: A4(A
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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
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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)
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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.
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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
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❑ Individual ❑ Attorney in Fact
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I-1 Other:
Signer Is Representing:
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