HomeMy Public PortalAboutAgreement_2018-05-15_Transtech EngineersAGREEMENT FOR SERVICES
THE CITY OF TEMPLE CITY,
A MUNICIPAL CORPORATION
AND
TRANSTECH ENGINEERS, INC.
A CALIFORNIA CORPORATION
MAY 15, 2018
AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
TRANSTECH ENGINEERS, INC.
This Agreement for Services ("Agreement") is entered into as of this 1;J day of
May, 2018 by and between the City of Temple City, a municipal corporation ("City") and
Transtech Engineers, Inc., a California corporation ("Service Provider"). City and
Service Provider are sometimes hereinafter individually referred to as "Party" and
hereinafter collectively referred to as the "Parties."
RECITALS
A. City has sought, by requests for proposals, the performance of the
services defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of proposals for the performance
of the services defined and described particularly in Section 2 of this Agreement, was
selected by the City to perform those services.
C. Pursuant to the City of Temple City's Municipal Code, City has authority to
enter into this Services Agreement and the City Manager has authority to execute this
Agreement.
D. The Parties desire to formalize the selection of Service Provider for
performance of those services defined and described particularly in Section 2 of this
Agreement and desire that the terms of that performance be as particularly defined and
described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants
made by the Parties and contained here and other consideration, the value and
adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this
Agreement, the initial Term of this Agreement is for three (3) years commencing July 1,
2018, and ending June 30, 2021, with two (2) successive one (1) year Terms up to a
maximum Term of five (5) years ending June 30, 2023. Unless either Party gives
express written notice of its intent not to renew this Agreement at least sixty (60) days
prior to the end of the Term, this Agreement shall automatically renew for an additional
one (1) year Term on July 1, 2021, and July 1, 2022.
-1-
SECTION Z. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services. Service Provider agrees to perform the services set
forth in Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of
this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to
the schedule specified in Exhibit "A." Should the Services not be completed pursuant to
that schedule, the Service Provider shall be deemed to be in Default of this Agreement.
The City, in its sole discretion, may choose not to enforce the Default provisions of this
Agreement and may instead allow Service Provider to continue performing the
Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection
with its performance of this Agreement that are in addition to or outside of the Services
unless such additional services are authorized in advance and in writing in accordance
with Section 26 "Administration and Implementation" or Section 28 "Amendment" of this
Agreement. If and when such additional work is authorized, such additional work shall
be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Service Provider the amounts specified in Exhibit "B" "Compensation" and made a part
of this Agreement by this reference. The total compensation, including reimbursement
for actual expenses, shall not exceed the amounts specified in Exhibit "B", unless
additional compensation is approved in writing in accordance with Section 26
'Administration and Implementation" or Section 28 "Amendment" of this Agreement.
(b) Each month Service Provider shall furnish to City an original invoice for all
work performed and expenses incurred during the preceding month. The invoice shall
detail charges by the following categories: labor (by sub -category), travel, materials,
equipment, supplies, and subcontractors. Subcontractor charges shall be detailed by
the following categories: labor, travel, materials, equipment and supplies. If the
compensation set forth in subsection (a) and Exhibit "B" includes payment of labor on
an hourly basis (as opposed to labor and materials being paid as a lump sum), the
labor category in each invoice shall include detailed descriptions of task performed and
the amount of time incurred for or allocated to that task. City shall independently review
each invoice submitted by the Service Provider to determine whether the work
performed and expenses incurred are in compliance with the provisions of this
Agreement. In the event that no charges or expenses are disputed, the invoice shall be
approved and paid according to the terms set forth in subsection (c). In the event any
charges or expenses are disputed by City, the original invoice shall be returned by City
to Service Provider for correction and resubmission.
-2-
(c) Except as to any charges for work performed or expenses incurred by
Service Provider which are disputed by City, City will use its best efforts to cause
Service Provider to be paid within forty-five (45) days of receipt of Service Provider's
correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this
Agreement shall not be deemed to waive any defects in work performed by Service
Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider's work under this
Agreement, either during performance or when completed. City shall reject or finally
accept Service Provider's work within sixty (60) days after submitted to City. City shall
reject work by a timely written explanation, otherwise Service Provider's work shall be
deemed to have been accepted. City's acceptance shall be conclusive as to such work
except with respect to latent defects, fraud and such gross mistakes as amount to
fraud. Acceptance of any of Service Provider's work by City shall not constitute a
waiver of any of the provisions of this Agreement including, but not limited to, Section
16 "Indemnification" and Section 17 "Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or
discovered by Service Provider in the course of providing the Services pursuant to this
Agreement shall become the sole property of City and may be used, reused or
otherwise disposed of by City without the permission of the Service Provider. Upon
completion, expiration or termination of this Agreement, Service Provider shall turn over
to City all such original maps, models, designs, drawings, photographs, studies,
surveys, reports, data, notes, computer files, files and other documents.
City understands that any documents Service Provider prepares under this
Agreement are intended solely in connection with the project for which they were
prepared. If and to the extent that City, without the prior written consent of the Service
Provider, modifies or reuses or utilizes such documents for any purpose other than the
purpose for which they were prepared, it does so at its sole risk.
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records
demonstrating or relating to Service Provider's performance of the Services. Service
Provider shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, or other documents or records evidencing or relating to work,
services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such documents or records shall be maintained in accordance with
generally accepted accounting principles and shall be sufficiently complete and detailed
so as to permit an accurate evaluation of the services provided by Service Provider
-3-
pursuant to this Agreement. Any and all such documents or records shall be
maintained for three (3) years from the date of execution of this Agreement and to the
extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to
this section shall be made available for inspection, audit and copying, at any time during
regular business hours, upon request by City or its designated representative. Copies
of such documents or records shall be provided directly to the City for inspection, audit
and copying when it is practical to do so; otherwise, unless an alternative is mutually
agreed upon, such documents and records shall be made available at Service
Provider's address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records
required to be maintained pursuant to this section may be lost or discarded due to
dissolution or termination of Service Provider's business, City may, by written request,
require that custody of such documents or records be given to the City. Access to such
documents and records shall be granted to City, as well as to its successors -in -interest
and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent
Contractor and not an officer, employee or agent of City. Service Provider shall have
no authority to bind City in any manner, nor to incur any obligation, debt or liability of
any kind on behalf of or against City, whether by contract or otherwise, unless such
authority is expressly conferred under this Agreement or is otherwise expressly
conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of
Service Provider shall at all times be under Service Provider's exclusive direction and
control. Neither City nor any elected or appointed boards, officers, officials, employees
or agents of City shall have control over the conduct of Service Provider or any of
Service Provider's officers, employees, or agents except as set forth in this Agreement.
Service Provider shall not at any time or in any manner represent that Service Provider
or any of Service Provider's officers, employees, or agents are in any manner officials,
officers, employees or agents of City.
(c) Neither Service Provider, nor any of Service Provider's officers,
employees or agents, shall obtain any rights to retirement, health care or any other
benefits which may otherwise accrue to City's employees. Service Provider expressly
waives any claim Service Provider may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE,
Service Provider represents that it has the qualifications, experience and
facilities necessary to properly perform the Services required under this Agreement in a
thorough, competent and professional manner. Service Provider shall at all times
faithfully, competently and in accordance with the applicable standard of care exercised
-4-
by members of Service Provider's profession, perform all Services. In meeting its
obligations under this Agreement, Service Provider shall employ, at a minimum,
generally accepted standards and practices utilized by persons engaged in providing
services similar to the Services required of Service Provider under this Agreement. In
addition to the general standards of performance set forth this section, additional
specific standards of performance and performance criteria may be set forth in Exhibit
"A" "Scope of Work" that shall also be applicable to Service Provider's work under this
Agreement. Where there is a conflict between a general and a specific standard of
performance or performance criteria, the specific standard or criteria shall prevail over
the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Service Provider shall keep itself informed of and comply with all applicable
federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect
during the term of this Agreement. Service Provider shall obtain any and all licenses,
permits and authorizations necessary to perform the Services set forth in this
Agreement. Neither City nor any elected or appointed boards, officers, officials,
employees or agents of City shall be liable, at law or in equity, as a result of any failure
of Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing
wage laws do not apply to this Agreement because the Agreement does not involve any
of the following services subject to prevailing wage rates pursuant to the California
Labor Code or regulations promulgated thereunder: Construction, alteration, demolition,
installation, or repair work performed on public buildings, facilities, streets or sewers
done under contract and paid for in whole or in part out of public funds. In this context,
"construction" includes work performed during the design and preconstruction phases
of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION,
Service Provider shall not discriminate, in any way, against any person on the
basis of race, color, religious creed, national origin, ancestry, sex, age, physical
handicap, medical condition or marital status in connection with or related to the
performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions
of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et sec., as
amended, and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Service Provider so employ such unauthorized aliens for the
performance of the Services, and should the any liability or sanctions be imposed
against City for such use of unauthorized aliens, Service Provider hereby agrees to and
-5-
shall reimburse City for the
cost of all
such
liabilities
or
sanctions imposed, together with
any and all costs, including
attorneys'
fees,
incurred
by
City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its
firm, has or -shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of City or which would in any way hinder Service Provider's
performance of the Services. Service Provider further covenants that in the
performance of this Agreement, no person having any such interest shall be employed
by it as an officer, employee, agent or subcontractor without the express written
consent of the City Manager, Service Provider agrees to at all times avoid conflicts of
interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the
date of execution of this Agreement, independently involved in the performance of non -
related services for other governmental agencies and private parties. Service Provider
is unaware of any stated position of City relative to such projects. Any future position of
City on such projects shall not be considered a conflict of interest for purposes of this
section.
(c) City understands and acknowledges that Service Provider will, perform
non -related services for other governmental agencies and private Parties following the
completion of the Services under this Agreement. Any such future service shall not be
considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Service Provider in
performance of this Agreement shall be considered confidential, unless such
information is in the public domain or already known to Service Provider. Service
Provider shall not release or disclose any such information or work product to persons
or entities other than City without prior written authorization from the City Manager,
except as may be required by law.
(b) Service Provider, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the City Manager or unless requested by the
City Attorney of City, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work
performed under this Agreement. Response to a subpoena or court order shall not be
considered "voluntary" provided Service Provider gives City notice of such court order
orsubpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of
Service Provider, provides any information or work product in violation of this
Agreement, then City shall have the right to reimbursement and indemnity from Service
6-
Provider
for
any damages, costs and
fees, including attorneysfees, caused by or
incurred
as a
result
of Service Provider's
conduct.
(d) Service Provider shall promptly notify City should Service Provider, its
officers, employees, agents or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions or other discovery request, court order or subpoena from any party
regarding this Agreement and the work performed thereunder. City retains the right, but
has no obligation, to represent Service Provider or be present at any deposition,
hearing or similar proceeding. Service Provider agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests
provided by Service Provider. However, this right to review any such response does not
imply or mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liabilitv. Where the law establishes a
professional standard of care for Service Provider's services, to the fullest extent
permitted by law, Service Provider shall indemnify and hold harmless City and any and
all of its officials, employees and representatives ("Indemnified Parties') from and
against any and all liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, including reasonable attorney's fees and costs, court costs, interest,
defense costs, and expert witness fees) to the extent they arise out of any negligence,
recklessness, or willful misconduct of Service Provider, or by any individual or entity for
which Service Provider is legally liable, including but not limited to officers, agents,
employees or sub -contractors of Service Provider, in the performance of professional
services under this Agreement. Upon receipt of a claim, suit, or other document
indicating an action raising the potential for liability under this section, City and Service
Provider agree to meet and confer regarding the approach and strategy for the defense
of the action. Service Provider shall not have the duty to defend the Indemnified
Parties under this paragraph but shall remain obligated to reimburse losses, reasonable
defense fees, and verifiable costs to the extent a claim or liability is determined by a
finder of fact or via settlement to have been caused by the negligence, recklessness, or
willful misconduct of Service Provider. Notwithstanding the foregoing, based on the
results of the meet and confer session Service Provider may agree to assume defense
of the action and to seek reimbursement from City for losses, reasonable defense fees,
and verifiable costs to the extent a claim or liability is determined by a finder of fact or
via settlement to have been caused by the negligence, recklessness, or willful
misconduct of City.
(b) Indemnification for Other than Professional Liability,
Other than in the
performance of professional services and to the full extent permitted by law, Service
Provider shall indemnify, protect, defend and hold harmless City, and any and all of its
employees, officials and representatives from and against any liability (including liability
for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
-7-
threatened, including reasonable attorney's fees and costs, court costs, interest,
defense costs, and expert witness fees), where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance
of this Agreement by Service Provider or by any individual or entity for which Service
Provider is legally liable, including but not limited to officers, agents, employees or sub-
contractors of Service Provider.
(c) Indemnification from Subcontractors. Service Provider agrees to obtain
executed indemnity agreements with provisions identical to those set forth in this
section from each and every subcontractor or any other person or entity involved by,
for, with or on behalf of Service Provider in the performance of this Agreement naming
the Indemnified Parties as additional indemnitees. In the event Service Provider fails to
obtain such indemnity obligations from others as required herein, Service Provider
agrees to be fully responsible according to the terms of this section. Failure of City to
monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth herein is binding on the successors, assigns or heirs of
Service Provider and shall survive the termination of this Agreement or this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this section to
the contrary, design professionals are required to indemnify the City only to the extent
permitted by Civil Code Section 2782.8, which limits the liability of a design professional
to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs to the extent they arise out of, pertain to, or
relate to the negligence, recklessness, or willful misconduct of the design professional.
The term "design professional," as defined in Section 2782.8, is limited to licensed
architects, licensed landscape architects, registered professional engineers,
professional land surveyors, and the business entities that offer such services in
accordance with the applicable provisions of the California Business and Professions
Code.
(e) City's Negligence. The provisions of this section do not apply to claims
occurring as a result of City's sole negligence. The provisions of this section shall not
release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officials, employees and agents.
SECTION 17,
INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the
term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and
made a part of this Agreement. All insurance policies shall be subject to approval by
City as to form and content. These requirements are subject to amendment or waiver if
so approved in writing by the City Manager. Service Provider agrees to provide City
with copies of required policies upon request.
-g-
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for
this Agreement. City has an interest in the qualifications and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Service Provider
under this Agreement. In recognition of that interest, Service Provider shall not assign
or transfer this Agreement or any portion of this Agreement or the performance of any
of Service Provider's duties or obligations under this Agreement without the prior written
consent of the City. Any attempted assignment shall be ineffective, null and void, and
shall constitute a material breach of this Agreement entitling City to any and all
remedies at law or in equity, including termination of this Agreement pursuant to
Section 20 "Termination of Agreement." City acknowledges, however, that Service
Provider, in the performance of its duties pursuant to this Agreement, may utilize
subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and
continuity of Service Provider's staff and subcontractors, if any, assigned to perform the
Services. Service Provider shall notify City of any changes in Service Provider's staff
and sub -Service Providers, if any, assigned to perform the Services prior to and during
any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by
giving thirty (30) days written notice of termination to Service Provider. In the event
such notice is given, Service Provider shall cease immediately all work in progress.
(b) Service Provider may terminate this Agreement for cause at any time
upon thirty (30) days written notice of termination to City.
(c) If either Service Provider or City fails to perform any material obligation
under this Agreement, then, in addition to any other remedies, either Service Provider,
or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Service Provider or City, all
property belonging exclusively to City which is in Service Provider's possession shall be
returned to City. Service Provider shall furnish to City a final invoice for work performed
and expenses incurred by Service Provider, prepared as set forth in Section 4
'Compensation and Method of Payment" of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 "Compensation and
Method of Payment" of this Agreement.
SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement,
the City shall not have any obligation or duty to continue compensating Service Provider
-9-
for any work performed after the date of default. Instead, the City may give notice to
Service Provider of the default and the reasons for the default. The notice shall include
the timeframe in which Service Provider may cure the default. This timeframe is
presumptively thirty (30) days, but may be extended, though not reduced, if
circumstances warrant. During the period of time that Service Provider is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment
on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some
or all of the outstanding invoices during the period of default. If Service Provider does
not cure the default, the City may take necessary steps to terminate this Agreement
under Section 20 "Termination of Agreement." Any failure on the part of the City to give
notice of the Service Provider's default shall not be deemed to result in a waiver of the
City's legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if
any, caused by delay in performance or failure to perform due to causes beyond the
control of Service Provider. Such causes include, but are not limited to, acts of God,
acts of the public enemy, acts of federal, state or local governments, acts of City, court
orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather.
The term and price of this Agreement shall be equitably adjusted for any delays due to
such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and
available to City as public records, and which are necessary for carrying out the
Services shall be furnished to Service Provider in every reasonable way to facilitate,
without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in
writing and shall be personally delivered, or sent by telecopier or cered mail, postage
prepaid and return receipt requested, addressed as follows:
To City: City of Temple City
Attn: City Manager
9701 Las Tunas Dr.
Temple City, CA 91780
To Service Provider: Transtech Engineers, Inc.
Attn: Ali Cayir
13367 Benson Ave.
Chino, CA 91710
-10-
Notice shall be deemed effective on the date personally delivered or transmitted
by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the
United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Service Provider
represents and warrants that he/she/they has/have the authority to so execute this
Agreement and to bind Service Provider to the performance of its obligations
hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his
or her designated representative. The City Manager shall have the authority to issue
interpretations and to make amendments to this Agreement, including amendments that
commit additional funds, consistent with Section 28 "Amendment" and the City
Manager's contracting authority under the Temple City Municipal Code,
SECTION 27. BINDING EFFECT.
This
Agreement
shall
be binding upon the heirs, executors, administrators,
successors
and assigns
of the
In the event
Parties.
Parties,
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made
in writing and approved by the Service Provider and by the City. The City Manager
shall have the authority to approve any amendment to this Agreement if the total
compensation under this Agreement, as amended, would not exceed the City
Manager's contracting authority under the Temple City Municipal Code. All other
amendments shall be approved by the City Council. The Parties agree that the
requirement for written modifications cannot be waived and that any attempted waiver
shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not
constitute a waiver of any other provision nor a waiver of any subsequent breach or
violation of any provision of this Agreement. Acceptance by City of any work or
services by Service Provider shall not constitute a waiver of any of the provisions of this
Agreement.
SECTION 30, LAW TO GOVERN; VENUE,
This
Agreement shall be
interpreted,
construed and governed
according to the
laws of the
State of California.
In the event
of litigation between the
Parties,
venue in
-11-
state trial courts shall lie exclusively in the County of Los Angeles, California. In the
event of litigation in a U.S. District Court, venue shall lie exclusively in the Central
District of California, in Los Angeles,
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any
provision of this Agreement, the prevailing Party in such litigation or other proceeding
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in
addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire,
complete, final and exclusive expression of the Parties with respect to the matters
addressed therein and supersedes all other agreements or understandings, whether
oral or written, or entered into between Service Provider and City prior to the execution
of this Agreement. No statements, representations or other agreements, whether oral
or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by
any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement shall not be affected thereby and the Agreement shall be
read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the
terms of any Exhibit hereto, or with the terms of any document incorporated by
reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the date and year first above written.
12-
ATTEST:
Peggy o
City Clerk -� 8
APPROVED AS TO FORM:
Eric S. Vail
City Attorney
CONTRACTOR:
By. /r'
Name: Okao Namlarc,;
Title: ter oTec+ MoInoca¢C
(Authorized Officer)
CITY OF TEMPLE CITY
Bryan ook
City Manager
By:
Name:
Title: Pr 1 4 Gil) J 0
(Authorized Officer)
(2"d signature required if Corporation, Incorporation or Limited Liability
Corporation)
-13-
NOTE: SERVICE PROVIDER'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 SERVICE
PROVIDER'S BUSINESS ENTITY.
-14-
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.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF__".,- ,-NGEEE_r5^OQ'stW^v°'uo)
On MA•ti . 201j,, before me, 11/IolalcA CAWA I /\la 1-1 Put0L G
a e XOTT'
Title Oi OTffcer e:g. ane oJ— eD�o at—ry PuBIiG )
personally appeared %u,ep CAI trz AnID �Ita ®5%hA%?Ccl
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) are subscribed to the within
instrument and acknowledged to me that P4/0/they executed
the same in V/hpiltheir authorized capacity(ies), and that by
h//hpf/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
MONICA CATABAY instrument.
COMM. 92157116 z
. Notary Public • Calitomia o I certify under PENALTY OF PERJURY under the laws of the
z Orange County
I Cam. Ez tres June 180 State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
OPTIONAL
Though this section
is optional,
completing
this information can deter alternation of the document or fraudulent
reattachment of this
form to an
unintended
document.
CAPACITIES) CLAIMED BY SIGNERS) DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name:
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney -In -Fact Number of Pages
Trustee(s)
Guardian/Conservator
Other:
Date Of Document
Signer is representing:
Name Of Person(s) Or Entity(les)
Signer(s) Other Than Named Above
EXHIBIT "A"
SCOPE OF SERVICES
AND
SCHEDULE OF PERFORMANCE
Service Provider will perform the following Services:
I. Building and Safety Services
1. Provide all plan check services including architectural, structural, mechanical,
electrical, energy, plumbing, accessibility, fire, green building standards, civil,
grading, and storm water/NPDES to confirm compliance with applicable California
Building Codes and amendments adopted by City. Services include:
• Reviewing plans and specifications
• Writing corrections and redlining of plans
• Communicating with the applicant as needed
• Providing code interpretations
2. Provide plan review of plans submitted for planning or zoning review prior to the plan
check process, including conceptual or preliminary plans, architectural plans, site
plans, and preliminary grading plans. Services include:
• Reviewing project applications, plans, and related documents
• Identifying major building and safety issues to be addressed through the
planning process prior to plan check submittal
• Writing conditions of approval related to building and safety issues to be
imposed on the project through the planning process
3. Maintain a communication channel for applicants to communicate directly with the
plan checker via telephone and/or email, and/or with the building official on behalf of
the plan checker, regarding plan check comments and code interpretations. Provide
continuity of plan check services through project completion.
4. Provide pick-up and delivery of plans at City Hall and maintain a log of plans in
process and their status accessible at any time by City staff.
5. Provide an option for electronic plan check and project review, including a means for
project applicants and/or City staff to submit plans and to receive review comments
and redlined plans electronically.
6. Represent City as its building official while interfacing with the public and other
agencies.
A-1
7. Provide a building official presence at City Hall 15 hours per week, with a consistent
schedule agreed upon by the Parties. Provide additional hours as needed and
agreed upon by the Parties, depending on permit volumes and workload. While in
the office, the building official will provide internal and external customer service,
including meeting with staff, seeing customers at the counter, and taking phone
calls.
8. Conduct site visits when necessary. Accompany building inspectors when necessary
for code interpretation, policy determination, or other such reason.
9. Provide oversight of City's building and safety program. Provide direction and
mentoring to City staff permit technician and inspectors. Provide recommendations
to City regarding the program.
10. Monitor trends,
legislation,
and
standard
practices and advise City on appropriate
codes, policies,
procedures,
and
practices
to adopt.
11. Coordinate and interface with other departments and agencies as may be required,
including but not limited to planning, code compliance, and the Los Angeles County
Fire Department,
12. Prepare and process updates to the building code and related codes every three
years or as otherwise required. Prepare ordinances, staff reports, and related
supporting documents and attend public meetings.
13.Assist City staff with data gathering and preparation of reports, including but not
limited to reports for the Los Angeles County Congestion Management Program,
Low Impact Development, and the state Department of Housing and Community
Development.
14.Implement and maintain awareness of other City codes that interact with building
and safety, including but not limited to property maintenance and zoning codes.
15. Prepare, implement, and enforce policies and procedures. Provide City with
recommendations and assist with implementation of new procedures as required in
response to new legislation.
16. With reasonable notice, provide a backup permit technician during regular business
hours as needed due to City staff absence.
17. With reasonable notice, provide a backup building inspector during regular business
hours as needed due to City staff absence, or as needed to supplement City staff
for specific projects.
A-2
18. Provide an on-call
building
inspector that
is available to respond to emergency
situations outside of
normal
business hours
including weekends.
19. In the event of a local, regional, or national emergency or disaster, provide building
official and supplemental building inspection services as required to appropriately
respond to the emergency, including outside of regular business hours.
20. Provide other services as directed by City related to administration and enforcement
of the California Building Code and related codes, and applicable provisions of the
Temple City Municipal Code,
II. Public Works Engineering Services
1. Provide plan review and inspection services for all public right-of-way encroachment
permits to confirm compliance with all applicable codes, regulations, policies,
standards, and best practices. Such permits may include but are not limited to
construction work; construction or vehicle operations; oversize vehicles; street
closures; temporary storage of vehicles, storage pods, trash bins, or other objects;
news racks; and ongoing encroachment by awnings, sidewalk dining, etc. Services
include:
• Performing pre -work inspections as needed to evaluate existing conditions
• Reviewing plans and specifications
• Writing corrections and redlining of plans
• Determining appropriate conditions to impose on permits
• Determining whether a traffic control plan is required and reviewing such plans
• Performing regular inspections of ongoing work and inspections of completed
work to ensure compliance with approved plans and permit conditions
• Maintaining regular communication with the applicant, job superintendent, or
other project representatives as needed
2. Maintain a communication channel for applicants and job superintendents to
communicate directly with the public works inspector via telephone, and/or with the
city engineer on behalf of the inspector. Provide continuity of inspection services
through project completion.
3. Provide a public works inspector presence at City Hall and within the City as
necessary to adequately inspect ongoing work in the public right-of-way and address
issues as they arise.
4. Provide plan review of grading, drainage, and improvement plans for private and
public development projects. Services include:
I:Ec3
" R e v i e w i n g p l a n s a n d s p e c i f i c a t i o n s
" W r i t i n g c o r r e c t i o n s a n d r e d l i n i n g o f p l a n s
" D e t e r m i n i n g a p p r o p r i a t e c o n d i t i o n s t o i m p o s e o n p e r m i t s
5 . P r o v i d e p l a n r e v i e w o f p l a n s s u b m i t t e d f o r p l a n n i n g o r z o n i n g r e v i e w f o r p u b l i c w o r k s
i s s u e s . T h i s m a y i n c l u d e c o n c e p t u a l o r p r e l i m i n a r y p l a n s , a r c h i t e c t u r a l p l a n s , s i t e
p l a n s , a n d p r e l i m i n a r y g r a d i n g p l a n s . S e r v i c e s i n c l u d e :
" R e v i e w i n g p r o j e c t a p p l i c a t i o n s , p l a n s , a n d r e l a t e d d o c u m e n t s
" I d e n t i f y i n g m a j o r p u b l i c w o r k s i s s u e s t o b e a d d r e s s e d t h r o u g h t h e p l a n n i n g
p r o c e s s p r i o r t o p l a n c h e c k s u b m i t t a l i n c l u d i n g b u t n o t l i m i t e d t o g r a d i n g , o f f - s i t e
i m p r o v e m e n t s , a n d t r a f f i c .
" W r i t i n g c o n d i t i o n s o f a p p r o v a l r e l a t e d t o p u b l i c w o r k s i s s u e s t o b e i m p o s e d o n
t h e p r o j e c t t h r o u g h t h e p l a n n i n g p r o c e s s
6 . P r o v i d e r e v i e w o f p r o j e c t s s u b m i t t e d u n d e r t h e S u b d i v i s i o n M a p A c t a n d r e l a t e d
p r o v i s i o n s o f t h e T e m p l e C i t y M u n i c i p a l C o d e . T h i s i n c l u d e s b u t m a y n o t b e l i m i t e d
t o t e n t a t i v e a n d f i n a l m a p s , l o t m e r g e r s , l o t l i n e a d j u s t m e n t s , c e r t i f i c a t e s o f
c o m p l i a n c e , d e d i c a t i o n s , v a c a t i o n s , a n d e a s e m e n t s . S e r v i c e s i n c l u d e :
" R e v i e w i n g a p p l i c a t i o n s , m a p s , l e g a l d e s c r i p t i o n s , d e e d s , a n d r e l a t e d d o c u m e n t s
" P r o v i d i n g r e d l i n e d o c u m e n t s a n d w r i t i n g c o r r e c t i o n s
" W r i t i n g c o n d i t i o n s o f a p p r o v a l t o b e i m p o s e d o n t e n t a t i v e m a p s
7 . P r o v i d e p i c k - u p a n d d e l i v e r y o f p l a n s , m a p s , a n d d o c u m e n t s a t C i t y H a l l a n d
m a i n t a i n i n g a l o g o f r e v i e w s i n p r o c e s s a n d t h e i r s t a t u s a c c e s s i b l e a t a n y t i m e b y
C i t y s t a f f .
8 . P r o v i d e a n
o p t i o n f o r e l e c t r o n i c p l a n r e v i e w
a n d p r o j e c t r e v i e w , i n c l u d i n g a m e a n s
f o r p r o j e c t
a p p l i c a n t s
a n d / o r C i t y s t a f f t o
s u b m i t p l a n s a n d t o r e c e i v e r e v i e w
c o m m e n t s
a n d r e d l i n e d
p l a n s e l e c t r o n i c a l l y .
9 . P r o v i d e c i t y e n g i n e e r i n g s e r v i c e s , i n c l u d i n g :
" A t t e n d m e e t i n g s w i t h C i t y s t a f f , p u b l i c o f f i c i a l s , d e v e l o p e r s , c o n t r a c t o r s , a n d t h e
p u b l i c a s n e e d e d
" A t t e n d C o m m i s s i o n a n d C i t y C o u n c i l m e e t i n g s a s n e e d e d
" R e p r e s e n t C i t y a s i t s c i t y e n g i n e e r w h i l e i n t e r f a c i n g w i t h t h e p u b l i c a n d o t h e r
a g e n c i e s i n c l u d i n g b u t n o t l i m i t e d t o L . A . C o u n t y D e p a r t m e n t o f P u b l i c W o r k s ,
S o u t h e r n C a l i f o r n i a E d i s o n , a n d t h e f i v e w a t e r p u r v e y o r s t h a t s e r v e t h e C i t y
" S e r v e a s t h e p r i m a r y l i a i s o n t o t h e C o u n t y o f L o s A n g e l e s D e p a r t m e n t o f P u b l i c
W o r k s f o r t e c h n i c a l a n d p o l i c y i s s u e s
A - 4
" R e v i e w d o c u m e n t s a n d r e p o r t s f r o m o t h e r a g e n c i e s p e r t a i n i n g t o T e m p l e C i t y
i n f r a s t r u c t u r e o r p u b l i c w o r k s m a t t e r s a n d p r o v i d e r e c o m m e n d a t i o n s t o C i t y o n
a p p r o p r i a t e r e s p o n s e s o r a c t i o n s
" P r o v i d e g u i d a n c e a n d t e c h n i c a l a s s i s t a n c e t o C i t y o n p u b l i c w o r k s a n d
e n g i n e e r i n g l a w s , p o l i c i e s , p r o c e d u r e s , a n d b e s t p r a c t i c e s i n c l u d i n g b u t n o t
l i m i t e d t o t h e C a l i f o r n i a P u b l i c C o n t r a c t C o d e , S t r e e t s a n d H i g h w a y s C o d e ,
S u b d i v i s i o n M a p A c t , C A - M U T C D , a n d A A S H T O G r e e n B o o k
" P r o v i d e g u i d a n c e a n d t e c h n i c a l a s s i s t a n c e t o C i t y f i e l d s t a f f r e g a r d i n g
i n f r a s t r u c t u r e a n d m a i n t e n a n c e i s s u e s
1 0 . I f r e q u e s t e d b y C i t y a n d w i t h r e a s o n a b l e n o t i c e , p r o v i d e a c i t y e n g i n e e r p r e s e n c e a t
C i t y H a l l w i t h a c o n s i s t e n t s c h e d u l e a g r e e d u p o n b y t h e P a r t i e s . H o u r s m a y b e
a d j u s t e d o v e r t i m e d e p e n d i n g o n p r o j e c t v o l u m e a n d w o r k l o a d . W h i l e i n t h e o f f i c e ,
t h e c i t y e n g i n e e r w i l l b e e x p e c t e d t o p r o v i d e i n t e r n a l a n d e x t e r n a l c u s t o m e r s e r v i c e ,
i n c l u d i n g s e e i n g c u s t o m e r s a t t h e c o u n t e r , m e e t i n g w i t h C i t y s t a f f , a n d t a k i n g p h o n e
c a l l s .
1 1 . P r o v i d e t r a f f i c e n g i n e e r i n g s e r v i c e s , i n c l u d i n g :
" R e v i e w a n d p r o v i d e c o m m e n t s o n t r a f f i c i m p a c t s t u d i e s p r e p a r e d b y o t h e r
c o n s u l t a n t s f o r d e v e l o p m e n t p r o j e c t s
" R e v i e w a n d p r o v i d e c o m m e n t s o n p r o p o s e d d e v e l o p m e n t p r o j e c t s p e r t a i n i n g t o
t r a f f i c i s s u e s i n c l u d i n g b u t n o t l i m i t e d t o t r a f f i c i m p a c t s , s i t e a c c e s s a n d
c i r c u l a t i o n , a n d p a r k i n g ; p r e p a r e c o n d i t i o n s o f a p p r o v a l f o r p r o j e c t s
R e v i e w a n d p r o v i d e e n g i n e e r i n g j u d g e m e n t o n t r a f f i c s a f e t y i s s u e s r a i s e d b y C i t y
s t a f f , t h e T r a n s p o r t a t i o n a n d P u b l i c S a f e t y C o m m i s s i o n , a n d t h e p u b l i c
" C o n d u c t t r a f f i c r e v i e w s a n d p r e p a r e r e p o r t s w i t h r e c o m m e n d a t i o n s c o n s i s t e n t
w i t h t h e C A - M U T C D , A A S H T O G r e e n B o o k , a n d o t h e r a p p l i c a b l e s t a n d a r d s f o r
i s s u e s i n c l u d i n g b u t n o t l i m i t e d t o s t o p s i g n w a r r a n t s , c r o s s w a l k i n s t a l l a t i o n a n d
r e m o v a l , t r a f f i c c a l m i n g , s p e e d s u r v e y s , a c c i d e n t h i s t o r i e s , a n d o t h e r g e n e r a l
t r a f f i c s a f e t y a n d r e l a t e d i s s u e s
" P r e p a r e a n d m a k e p r e s e n t a t i o n s t o t h e T r a n s p o r t a t i o n & P u b l i c S a f e t y
C o m m i s s i o n a n d C i t y C o u n c i l r e g a r d i n g t r a f f i c r e v i e w s a n d r e c o m m e n d a t i o n s
S e r v e a s t h e p r i m a r y l i a i s o n t o t h e C o u n t y o f L o s A n g e l e s D e p a r t m e n t o f P u b l i c
W o r k s f o r t r a f f i c s i g n a l t i m i n g a n d m a i n t e n a n c e , s t r i p i n g , s i g n s , a n d o t h e r t r a f f i c
i s s u e s
1 2 . P r o v i d e p r o j e c t , c o n t r a c t , a n d c o n s t r u c t i o n m a n a g e m e n t s e r v i c e s f o r p u b l i c w o r k s
p r o j e c t s a n d o t h e r s e l e c t c a p i t a l i m p r o v e m e n t p r o j e c t s a s d i r e c t e d b y C i t y . S e r v i c e s
i n c l u d e :
" P r e p a r e p r o j e c t p l a n s , b i d s p e c i f i c a t i o n s , a n d N o t i c e s I n v i t i n g B i d s
" C o n d u c t p r e - b i d m e e t i n g s
R e s p o n d t o i n q u i r i e s a n d p r e p a r e a d d e n d u m s t o b i d s p e c i f i c a t i o n s a s n e e d e d
A - 5
" C o n d u c t b i d o p e n i n g a n d b i d a n a l y s i s
" P r e p a r e c o n t r a c t s , s t a f f r e p o r t s , a n d o t h e r d o c u m e n t s a s m a y b e n e e d e d f o r
c o n t r a c t a p p r o v a l
" D i r e c t a n d s u p e r v i s e c o n t r a c t o r w o r k
" A d m i n i s t e r l a b o r c o m p l i a n c e
" P r e p a r e c o n t r a c t c h a n g e o r d e r s
" R e v i e w p r o j e c t i n v o i c e s f o r a c c u r a c y a n d c o n t r a c t c o m p l i a n c e
" P r e p a r e s t a f f r e p o r t s a n d o t h e r d o c u m e n t s a s m a y b e n e e d e d f o r p r o j e c t
a c c e p t a n c e
" M a i n t a i n a l l p r o j e c t d o c u m e n t s a n d f i l e s o n b e h a l f o f C i t y
" W h e n a p p l i c a b l e , w o r k w i t h g r a n t a d m i n i s t r a t o r o n g r a n t - f u n d e d p r o j e c t s t o
p r e p a r e a d d i t i o n a l p a p e r w o r k a s n e c e s s a r y f o r g r a n t c o m p l i a n c e
1 3 . P r o v i d e p r o j e c t a n d c o n t r a c t m a n a g e m e n t f o r p u b l i c w o r k s s e r v i c e s b e y o n d t h e
s c o p e o f t h i s c o n t r a c t a n d / o r T r a n s t e c h ' s r e s o u r c e s a n d e x p e r t i s e , s u c h a s u p d a t i n g
p l a n s , p r e p a r i n g s t u d i e s , a n d g r a n t a d m i n i s t r a t i o n . S e r v i c e s i n c l u d e :
" P r e p a r e a n d d i s t r i b u t e R F P s o r R F Q s
" E v a l u a t e p r o p o s a l s s u b m i t t e d a n d i n t e r v i e w c o n s u l t a n t s a s n e e d e d
" N e g o t i a t e p r i c e a n d c o n t r a c t t e r m s w i t h c o n s u l t a n t o n b e h a l f o f C i t y
" P r e p a r e s t a f f r e p o r t s a n d o t h e r d o c u m e n t s a s m a y b e n e e d e d f o r c o n t r a c t
a p p r o v a l
" D i r e c t c o n s u l t a n t w o r k , s e r v e a s l i a i s o n w i t h c o n s u l t a n t , a n d r e v i e w w o r k p r o d u c t
" M o n i t o r w o r k a n d p r o g r e s s a n d r e v i e w i n v o i c e s t o e n s u r e c o n s i s t e n c y w i t h
p r o j e c t b u d g e t a n d s c h e d u l e
1 4 . A d v i s e C i t y a s t o
g r a n t s
o r
o t h e r f u n d i n g a v a i l a b l e
f o r p u b l i c w o r k s
p r o j e c t s a n d ,
w h e n s o d i r e c t e d ,
i n i t i a t e
a n d
p r e p a r e a p p l i c a t i o n s
t o C i t y
f o r
s u c h
f u n d i n g
o r
g r a n t s .
1 5 . P r o v i d e
o v e r s i g h t o f t h e
C i t y ' s p u b l i c w o r k s
p r o g r a m . T h i s i n c l u d e s p r o v i d i n g
d i r e c t i o n
a n d m e n t o r i n g t o
t h e s t a f f p e r m i t t e c h n i c i a n
p e r t a i n i n g t o e n c r o a c h m e n t
p e r m i t s ,
a n d p r o v i d i n g r e c o m m e n d a t i o n s
t o C i t y
r e g a r d i n g t h e p r o g r a m .
1 6 . M o n i t o r t r e n d s ,
1 7 . C o o r d i n a t e , c o n s u l t , a n d p r o v i d e i n p u t t o o t h e r d e p a r t
l e g i s l a t i o n , a n d
s t a n d a r d
p r a c t i c e s a n d a d v i s e C i t y o n a p p r o p r i a t e
c o d e s ,
p o l i c i e s ,
t h e L o s
A n g e l e s C o u n t y D e p a r t m e n t o f
p r o c e d u r e s ,
a n d
p r a c t i c e s
L o s A n g e l e s C o u n t y
t o a d o p t .
1 8 . P r e p a r e , i m p l e m e n t , a n d e n f o r c e p o l i c i e s a n d p r o c e d u r e s .
A - 6
m e n t s a n d a g e n c i e s
a s m a y
b e r e q u i r e d ,
i n c l u d i n g b u t n o t l i m i t e d t o p l a n n i n g , b u i l d i n g , c o d e c o m p l i a n c e ,
t h e L o s
A n g e l e s C o u n t y D e p a r t m e n t o f
P u b l i c W o r k s , L o s A n g e l e s C o u n t y
S h e r i f f ' s
D e p a r t m e n t ,
L o s A n g e l e s C o u n t y
F i r e D e p a r t m e n t , t h e C i t y ' s c o n s u l t a n t f o r
N P D E S
c o m p l i a n c e ,
a n d u t i l i t y p r o v i d e r s .
1 8 . P r e p a r e , i m p l e m e n t , a n d e n f o r c e p o l i c i e s a n d p r o c e d u r e s .
A - 6
19. In the event of a local, regional, or national emergency or disaster, provide
engineering and public works plan review and inspection services as required to
appropriately respond to the emergency, including outside of regular business
hours.
20. Provide other services as directed by City related to administration and enforcement
of the California Public Contract Code, Streets and Highways Code, Subdivision
Map Act, CA-MUTCD, AASHTO Green Book, applicable provisions of the Temple
City Municipal Code, and any other codes, regulations, guidelines, or policies
pertaining to public works and engineering matters.
Service Provider will perform the Services pursuant to the following schedule:
I. Building and Safety Services
First round of review for all routine plan
checks will be
completed within ten (10)
business days of
submittal. First round plan
checks for large
or complex projects will be
completed within
fifteen (15) business days
of submittal.
In the event City wishes to offer expedited plan review service, such review will be
completed within five (5) business days of submittal.
II. Public Works Engineering Services
All plan reviews, inspections, and other services will be provided and completed as
expeditiously and efficiently as possible and will be prioritized as directed by City.
Service Provider will work diligently to ensure that project schedules are adhered to and
that all deadlines are met, including deadlines imposed by other agencies as related to
grants, reimbursements, and other such matters.
A-7
EXHIBIT "B"
COMPENSATION
I. Service Provider shall use the following rates of pay in the performance of the
Services:
1. Building and Safety Services
Service Provider's base fee will be fifty-five percent (55%) of the plan check revenue
collected by City on a monthly basis. Base fee will include all plan check services
and fifteen (15) hours per week of building official presence at City Hall.
All other services, including but not limited to building official hours in excess of
fifteen (15) hours per week, backup building inspector, and backup permit
technician, are subject to the hourly rates in the table below, and subject to annual
adjustment as noted in the table.
TRANSTECH ENGINEERS, INC. STANDARD HOURLY RATES
Effective through June 30, 2019
Classification
Hourly
Ranges
Rate
Classification
Hourly Rate
Ranges
Senior Engineer
$157
$173
Engineering Technician
$65
$76
Project Manager
$152
$168
Administrative/Clerical
$49
$60
Project Engineer
$141
$157
Funds Analyst
$114
$124
Staff Engineer
$124
$141
Building Official
$130
CADD Designer
$103
$lig
City Engineer
$130
Planner
$135
$152
Inspector (Building)
$81
Transportation Analyst
$124
$141
Permit Technician
$60
Plan Checker
$92
$108
2 -Man Survey Crew
$206
Construction Manager
$152
$168
Reimbursable direct expenses are
10% for administration fee.
billed at cost plus
Inspector (PW)
$92
$103
The above fees will be increased each year July 1" automatically by the percentage change Los Angeles -
Riverside -orange County Consumer Price index -All Urban Consumers ("CPI -U") for the preceding
twelve-month period through February as calculated and reported by the U.S. Department of Labor
Bureau of Labor Statistics.
2. Public Works Engineering Services
Service Provider will provide services subject to the hourly rates in the table above,
and subject to annual adjustment as noted in the table.
Fees for services related to capital projects management, construction
management, and federal/labor compliance may be based on the hourly rates in the
table above and/or percentage of project cost and/or percent complete basis of
B-1
project tasks, based on each project's specific requirements and subject to approval
by City. Fees will be compliance with ranges established by Caltrans and/or industry
standards, which are generally seven percent (7%) to twelve percent (12%) for
design phase services and ten percent (10%) to fifteen percent (15%) for
construction phase services.
II. Service Provider may utilize subcontractors as indicated in this Agreement
Hourly rates or other fees for subcontractors will be approved by City prior to
commencing work. Service Provider may charge fees for administration of
subconsultant contracts; such fees will not exceed ten percent (10%) of
subconsultant fees.
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Service Provider shall provide and maintain
insurance, acceptable to the City, in full force and effect throughout the term of this
Agreement, against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by Service Provider, its
agents, representatives or employees. Insurance is to be placed with insurers with a
current A.M. Best's rating is an assigned policyholders' Rating of A (or higher) and
Financial Size Category Class VII (or larger).
Only the following "marked" requirements are applicable and Service Provider shall
provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad
as:
X Commercial General Liabilitv. Insurance Services Office form Commercial
General Liability coverage (Occurrence Form CG 0001),
X Automobile Liabilitv. Service provider shall maintain automobile insurance at
least as board as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Service Provider arising out of or in
connection with work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles.
X Workers' Compensation. Workers' Compensation Insurance (Statutory Limits)
and Employer's Liability Insurance as required by the Labor Code of State of
California covering all persons providing Services on behalf of the Service
Provider and all risks to such persons under this Agreement.
X Professional (Errors and Omissions) Liability. Professional liability insurance
appropriate to the Service Provider's profession. This coverage may be written
on a "claims made" basis. The insurance must be maintained for at least three
(3) consecutive years following the completion of Service Provider's services or
the termination of this Agreement. During this additional three (3) year period,
Service Provider shall annually and upon request of the City submit written
evidence of this continuous coverage.
Service Provider shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement. Any policy
inception date, continuity date, or retroactive date must be before the effective
date of this agreement and Service Provider agrees to maintain continuous
C-1
coverage through a period of no less than three years after completion of the
services required by this agreement.
1. Minimum Limits of Insurance. Service Provider shall maintain limits
of insurance no less than:
(1) Commercial
General
Liability.
$1,000,000
per
occurrence,
$2,000,000 general aggregate for bodily
injury,
personal
injury
and
property
damage.
(2) Automobile Liabilitv. No less than $1,000,000 combined
single limit for each accident.
(3) Workers' Compensation. Workers' Compensation as
required by the Labor Code of the State of California of not less than $1,000,000 per
occurrence and Employer's Liability Insurance with limits of at least $1,000,000.
(4) Professional Liabilitv. $1,000,000 per claim and in the
aggregate.
B. Other Provisions. Insurance policies required by this Agreement shall
contain the following provisions:
1. All Policies. Each insurance policy required by this
Agreement shall be endorsed and state the coverage shall not be cancelled by the
insurer or either Party to this Agreement except after 30 days' prior written notice by first
class mail has been given to City. A ten (10) day written notice to City to apply to
cancellation for nonpayment of premiums. Service Provider shall provide thirty (30)
days written notice to City prior to implementation of a reduction of limits or material
change of insurance coverage as specified herein.
2. Commercial General Liabilitv and Automobile Liabilitv Coverages.
(1) City, and its respective elected and appointed officers,
officials, and employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities Service Provider performs; products and
completed operations of Service Provider; premises owned, occupied or used by
Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to
City, and their respective elected and appointed officers, officials, or employees.
(2) Service Provider's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
C-2
(3) Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains
to a given issue and is not intended by any party or insured to be all inclusive, or to the
exclusion of other coverage, or a waiver of any type. If the Service Provider maintains
higher limits than the minimums shown above, the Agency requires and shall be entitled
to coverage for the higher limits maintained by the Service Provider. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the Agency.
(4) Coverage provided by the Service Provider shall be primary
and any insurance or self-insurance or maintained by Agency shall not be required to
contribute to it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of Agency before the
Agency's own insurance or self-insurance shall be called upon to protect is as a named
insured.
(5) Any failure to comply with the reporting or other provisions of
the insurance policies, including breaches of warranties, shall not affect coverage
provided to City, and its respective elected and appointed officers, officials, employees
or volunteers.
3. Workers' Compensation Coverage. Unless the City Manager
otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation
against City, and its respective elected and appointed officers, officials, employees and
agents for losses arising from work performed by Service Provider,
C. Other Requirements. Service Provider agrees to deposit with City, at or
before the effective date of this Agreement, certificates of insurance necessary to
satisfy City that the insurance provisions of this contract have been complied with. The
City may require that Service Provider furnish City with copies of original endorsements
effecting coverage required by this Exhibit "C". The certificates and endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. City
reserves the right to inspect complete, certified copies of all required insurance policies,
at any time.
1.
Service
Provider
shall furnish certificates and endorsements from
each subcontractor
identical
to those
Service Provider provides.
C-3
2. Any deductibles or self-insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects City or its respective elected or
appointed officers, officials, employees and volunteers or the Service Provider shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall
not be construed to limit Service Provider's liability hereunder nor to fulfill the
indemnification provisions and requirements of this Agreement.
C-4