HomeMy Public PortalAboutAgreement_2012-07-01_Transtech Engineers_ADA Access Ramp and Sidewalk ImprovementsCITY OF TEMPLE CITY PROFESSIONAL SERVICES CONTRACT
CITY OF TEMPLE CITY
PROFESSIONAL SERVICES CONTRACT
CDBG FUNDED ADA PROJECT
LACDC Project No: 601423-11
LACDC Project Title: ADA Access Ramp and Sidewalk Improvements
This CONTRACT is entered into this 15t day of July, 2012 by and between THE CITY OF TEMPLE
CITY, CALIFORNIA (hereinafter referred to as "Agency") located at 9701 Las Tunas Drive,
Temple City, CA 91780; and TRANSTECH ENGINEERS, INC. (hereinafter referred to as
"Consultant") located at 624 Brea Canyon Road, Walnut, CA 91789, and is made with reference
to the following agreements:
CONTRACT PROVISIONS
LAWS GOVERNING THIS AGREEMENT:
The Agency, a participant in the Community Development Block Grant (CDBG), funded by the
United States Department of Housing and Urban Development (HUD), requires that the
Consultant comply with all standard CDBG regulations.
1. STATEMENT OF WORK
The Consultant shall perform all duties from the execution date of the contract July 1, 2012
through February 1, 2013. Consultant agrees to accomplish the work as specified in
Attachment A -Scope of Work.
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CITY OF TEMPLE CITY PROFESSIONAL SERVICES CONTRACT
2. PAYMENT
The agency agrees to pay the Consultant a total lump -sum not to exceed 15% of the total
project cost of $384,000, for accomplishments of the statement of work. The estimated fee
per task is as follows:
Task
Project and Design Development and Bid Document Preparation Phase
Bidding Phase
Contract Award Phase
Construction Phase
Post Construction Phase
General Project Management and Administration
Total Estimated Fee
Total Project Budget
Total Fee as % of project budget
Above payments shall be made based on %level of work completion.
3. BENEFITS
Budget
$25,000
$2,500
$1,500
$15,000
$1,000
$7,500
$52,500
$384,000
13.67%
Consultant will not be eligible for any paid benefits for federal, social security, state
workers' compensation, unemployment insurance, professional insurance, medical/dental,
or fringe benefits offered by the Agency.
4. TRAVEL/EXPENSES
Any reimbursement must be pre -authorized and shall be based upon the approved rates of
L.A. County Auditor -Controller.
5. AUDITOR EXAMINATION
Consultant shall keep records of funds received from the Agency and make them accessible
for audit or examination for a period of three years after final payments are issued and
other pending matters are closed. (24 CFR Part 84, Sec. 84.55)
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CITY OF TEMPLE CITY PROFESSIONAL SERVICES CONTRACT
6. CONFLICT OF INTEREST
Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed
prior to execution of contract and Consultant shall comply with all applicable federal, state
and county laws and regulations governing conflict of interest, in accordance with 24 CFR
Part 84, Sec. 84.42.
7. POLITICAL ACTIVITY/LOBBYING CERTIFICATION
Consultant may not conduct any activity, including any payment to any person, officer, or
employee of any agency or member of Congress in connection with the awarding of any
federal contract, grant, or loan, intended to influence legislation, administrative rule-making
or the election of candidates for public office during time compensated for under
representation that such activity is being performed as part of the contract responsibility.
8. COUNTY LOBBY CERTIFICATION
It is understood that each person/entity/firm who applies for a Community Development
Commission contract, and as part of that process, shall certify that they are familiar with the
requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County
Ordinance 93-003) and; that all persons/entity/firms acting on behalf of the above name
firm have and will comply with the County Code, and; that any person/entity/firm who
seeks a contract with the Community Development Commission shall be disqualified there
from and denied the contract and, shall be liable in civil action, if any lobbyists, lobbying
firm, lobbyist employer or any other person or entity acting on behalf of the above named
firm fails to comply with the provisions of the County Code.
9. NON-DISCRIMINATION
Executive Order 11246 requires that during the performance of this Contract, the
consultant agree not to discriminate against any employee or applicant for employment
because of race, religion, sex, color, or national origin. Such action shall include, but not
limited to, the following: employment upgrading, demotion or transfer; recruitment or
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CITY OF TEMPLE CITY PROFESSIONAL SERVICES CONTRACT
recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The consultant agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided by the consultant setting forth the provisions of this nondiscrimination clause.
10. SECTION 3 REQUIREMENTS
Section 3 of the Housing and Urban Development Act of 1968, as amended, as U.S.C. 1701
et. Seq., requires that to the greatest extent feasible, opportunities for training and
employment be given to lower-income residents of the project area and contracts for work
in connection with the project be awarded to business concerns, which are located in, or
owned in substantial part, by persons residing in the area of the project.
11. CIVIL RIGHTS ACT OF 1964
Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal financial
assistance.
12. HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
Section 109, Title I of the Housing and Community Development Act of 1974, provides that
no person shall, on the ground of race, color, national origin, or sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds made available under this Tile.
13. PROHIBITION OF AGE DISCRIMINATION
Prohibition against discrimination on the basis of age under the Ave Discrimination Act of
1975, or with respect to an otherwise qualified individual, as provided in Section 504 or the
Rehabilitation Act of 1973, shall also apply to any such program or activity.
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CITY OF TEMPLE CITY PROFESSIONAL SERVICES CONTRACT
14. TERMINATION
This Contract may be terminated by mutual consent of both parties or by either party upon
thirty (30) days written notice and delivered by certified mail or in person. (24 CFR Part 84,
Sec. 84.60)
15. OTHER
This contract is also subject to the applicable terms of the Master Contract between
Transtech and the City of Temple City, approved by City Council on June 19, 2012 (copy
attached as Attachment B). In the event of conflict between the two contracts, this CDBG
Project Contract shall prevail.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year
first -above written.
CITY OF TE� TY
By:
Jose Pulido, City Manager
ATTEST
By:
Peggy Ku , ty Clerk
APPROV
By:
Eric S. Vail, City Attorney
CONSULTANT-TRANSTECH ENGINEERS, INC.
By: l///!C/�- f !�G!/�✓
Cra,�elic er, Principal
Attachment A: Scope of Work
Attachment B: Master Contract between Transtech and the City Of Temple City, approved
By City Council on June 19, 2012
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ATTACHMENT A
SCOPE OF WORK
SCOPE OF WORK
Note: Transtech's Scope of Works does not include Labor Standards Administration &
Enforcement, federal and relevant items. This task will be provided by another
consultant under direct contract with the City.
Project and Design Development and Bid Document Preparation:
• Assist the City is developing required documentation by LACDC, including updating project
schedule, scope, budget, responsibility matrix.
• Attend meeting(s) with City, City's CDBG Program Coordinator (Patrick Goode) and LACDC
CDBG Contract Compliance Officer (Tom Crabson) to review and discuss project details.
• Conduct an engineering field review of proposed ADA locations per the list provided by the
City.
• Prepare construction scope of work, applicable design cases for each location, aerials of the
project locations, cost estimates and project eligibility table in a similar format to CDBG
Bulletin 06-0013, dated May 30, 2006 for LACDC review.
• Attend review meeting with LACDC and make any revisions requested by LACDC to the
project eligibility table, and prepare bid package for LACDC's review. Include current
applicable Federal Wage Decision. Include all necessary applicable forms listed in "CDBG
CONSTRUCTION CONTRACT COMPLIANCE DOCUMENT SUMMARY".
• Submit Bid Package to the CDBG Construction Contract Compliance Officer, with
accompanying CDBG Form titled "REQUEST FOR CONSTRUCTION PROJECT BID DOCUMENT
REVIEW", and necessary attachment titled "BID DOCUMENT CHECKLIST".
• Make necessary revisions to bid documents based on any comments received from LACDC
CDBG Construction Contract Compliance Officer. If necessary, meet with the LACDC CDBG
Construction Contract Compliance Officer to address his/her comments.
Bid documents will be prepared in compliance with CDBG funding requirements as outlined
in CDBG CONSTRUCTION COMPLIANCE GUIDELINES and applicable requirements. Special
attention will be directed to the dollar and residential unit threshold requirements for the
prevailing wage requirements of DBRA and the contract, employment and training
opportunity requirements of Section 3 of the Housing and Community Development Act of
1968 (as amended). The requirements of Section 3 apply when the City receives $200,000
or more in Federal Housing Development Funds, and awards a contract in the amount of
$100,000 or more. To create a CDBG "acceptable' bid document will include each of the
following elements:
A. Federal Labor Standards Provisions
B. Contract Clauses
o Prevailing Wage Statement
o Section 3 Statement
o Conflict of Interest
o Apprenticeship Program
o Worker's Compensation
C. Equal Employment Opportunity
D. Section 3 of the Housing Act of 1968
E. Civil Rights Act of 1964
F. Section 109 of the HOUSING and COMMUNITY DEVELOPMENT ACT of 1974
G. Copeland Act
H. Contract Work Hours and Safety Standards Ac
I. Contracting with Small and Minority Owned Firms, Women's Business Enterprises,
and Labor Surplus Area Firms
J. Clean Air and Water Acts
• Deliver to City one reproducible set of bid documents ready for advertisement for
construction bids.
• City's Labor Compliance Consultant shall review the bid package, and add any
documentation and forms he/she feels is necessary for labor compliance.
Bidding:
• Assist the City in the notice inviting formal bids (Invitation for Bids). The notice shall be
advertised in a newspaper of general circulation, printed and published in the jurisdiction of
the public agency at least fourteen (14) calendar days before the bid opening date.
• The notice will state the time and place for conducting any pre-bid meeting or job -walk,
identify the time and place for receiving and opening of the sealed bids, and describe the
scope of work for the construction project. In addition, the bid advertisement will include
the following prevailing wage statement: "This is a Federally -assisted construction project.
Federal Labor Standards Provisions, including the prevailing wage requirements of the
Davis -Bacon and Related Acts will be enforced. In the event of a labor dispute, when Federal
and State wage rates are in conflict, the higher of the two will prevail." If the dollar amount
of the construction contract meets the Section 3 threshold criteria, the advertisement will
include the following statement: "This is a HUD Section 3 construction contract and all
bidders must commit to employ low-income residents from the local community to achieve
the Section 3 goals and to be considered a Section 3 responsive bidder. A bidder who is not
responsive to Section 3 requirements shall be considered a non-responsive bidder to this
Invitation for Bids." Note: this project will meet this threshold, as the project cost is
estimated to be over $100,000.
• Conduct a mandatory pre-bid meeting to explain the Federal Labor Standards Provisions
and the prevailing wage requirements of the Davis -Bacon and Related Acts, and to explain
the Section 3 goals and requirements. CDBG staff will be contacted to provide assistance
with this presentation. Any labor compliance related presentation will be made by City
retained Labor Compliance Consultant.
• Ensure that the correct wage decision applicable to a construction project is the wage
decision in effect ten (10) calendar days prior to the physical opening bids. Assist City in
awarding the contract within 90 -days of the date of the bid opening in order for the wage
decision to be in effect for the duration of the project.
• Any parts of above tasks related to labor compliance related tasks will be performed by City
retained Labor Compliance Consultant.
Contract Award:
• Assist the City in contract award process.
• Conduct bid evaluation process, check and verify that the bidder is in compliance with CDBG
requirements and not debarred.
• Upon receiving approval for the construction project, issue required 3 notifications as
follows:
• Notice of Contract Award to Consultant. Notify the prime Consultant of the selection and
schedule a pre -construction conference. The prime Consultant and all Sub -Contractors will
be provided with a copy of all contract and labor compliance documents and forms prior to
the pre -construction conference. The prime Consultant will be informed that he/she must
ensure that all of his/her Sub -Contractors (listed on the List of Proposed Sub -Contractors)
are also notified to attend the pre -construction conference. Collect all compliance
documents and forms are collected during the pre -construction conference from all Sub -
Contractors. Sub -Contractors who do not attend the pre -construction conference or who
are employed (in accordance with the California Public Contract Code) after the start of
construction will be required to submit to City all compliance documents and forms with the
"Agency Report of Contract Award" to the City before they are allowed to start work at the
project site. Any labor compliance related tasks will be performed by City retained Labor
Compliance Consultant.
• Notice of Contract Award to OFCCP. All federally -assisted construction contracts and sub-
contracts awarded in the amount of $10,000 and over, will be included in the Notice of
Contract Award to the Office of Federal Contract Compliance Program. The notice will be
sent to:
U.S. Department of Labor
Office of Federal Contract Compliance Programs
11000 Wilshire Boulevard, Suite 8103
Los Angeles, CA 90024
• Agency Report of Contract Award to CDBG. Since the City will not have direct contact with
Sub -Contractors, we will utilize CDBG developed "Agency Report of Contract Award" form
to minimize City's liability by ensuring that all required eligibility checks have been made,
and that all Sub -Contractors have been informed of the prevailing wage requirements and
have been provided a copy of the Federal Labor Standards Provisions and the applicable
wage decision. The "Agency Report of Contract Award" form will be submitted for each
contract and sub -contract awarded, regardless of the dollar amount. The "Agency Report of
Contract Award" form will be:
o Completed and signed by the City
o Signed by the prime Consultant
o Signed by the Sub -Contractor, when applicable
o Submitted to CDBG within 10 -days of contract award
• Any parts of above tasks related to labor compliance related tasks will be performed by City
retained Labor Compliance Consultant.
Pre -Construction Conference:
• Conduct a pre -construction conference utilizing CDBG construction contract compliance
guidelines and standard form Pre -construction Conference Checklist. If needed, contact
CDBG Construction Contract Compliance staff to provide technical assistance and support.
• Prior to scheduling the pre -construction conference, ensure that:
o The applicable "Federal Wage Decision" has been assigned.
o Copies of the "Federal Wage Decision" are available for each Sub -Contractor.
o Copies of all compliance documents are available for each Sub -Contractor
o Posters are available for the prime Consultant, including:
All Projects
■ Federal Wage Decision or Work Classification Summary form
■ Davis -Bacon poster, "Notice to All Employees" (Name and telephone number of
the City's Contracting Officer will be included.)
Construction Projects That Are $10,000 or More
■ Equal Employment Opportunity poster, "THE LAW"
Construction Projects That Are $100,000 or More
• "Notice of Section 3 Commitment" form
• Prepare and distribute conference minutes in the form of a checklist to ensure that HUD's
requirements are met and that all required eligibility checks for each Consultant has been
performed prior to awarding a contract, and prior to allowing any Sub -Contractors to work
at the job site. In addition to the checklist, HUD has developed a publication that is written
for specifically for Consultants titled; Ensure a copy of the HUD publication titled "A
Consultant's Guide to Prevailing Wage Requirements for Federally -Assisted Construction
Projects" is made available to the Consultants at the pre -construction conference.
• Any parts of above tasks related to labor compliance related tasks will be performed by City
retained Labor Compliance Consultant.
Construction:
1. Monitoring Construction Activity
• Field monitor Construction activities and inspect the project as necessary. Provide
necessary management and inspection staff to manage all aspects of the construction.
• Inspect and enforce necessary SWPP and WQMP measures.
• Respond to complaints and resolving problems as necessary.
• Monitoring construction schedule.
• Review Consultant change order requests, and prepare necessary documentation for
submittal and approval or denial.
• Review Consultant pay requests and prepare necessary documentation for submittal
and approval.
• Conduct project walk-through(s) and preparing punch list(s).
• Conduct project and progress meetings with Consultant's superintendent and key
personnel weekly and/or as frequently as necessary.
• Ensure that the Consultant's superintendent is the Matrix of Roles and Responsibilities
and clear and consistent communication is maintained. Obtain Consultant's Daily
Production Report.
Post -Construction:
1. Notice of Completion. Coordinate with CDBG Contract and Labor Compliance staff to
conduct a review of the project files prior to the release of any retention funds. Provide CDC
with a Request for Project File Review at least 30 -days prior to the estimated project
completion date. Attach the File Checklist, documenting that the assigned staff have
maintained complete project files. Participate with CDBG Contract and Labor Compliance
staff in exit conference. Any labor compliance related tasks will be performed by City
retained Labor Compliance Consultant.
2. Final Payroll Reports. A review of the project files may be conducted prior to the receipt of
all final CPRS, therefore, ensure that the last CPRS are annotated as "final" and that all the
applicable support documentation such as the Statement of Compliance and Section 3
Compliance Report is provided. Any labor compliance related tasks will be performed by
City retained Labor Compliance Consultant.
3. Documenting Performance. Documenting Consultant and Sub -Contractor activity in
compliance with CDBG guidelines and requirements. Any labor compliance related tasks will
be performed by City retained Labor Compliance Consultant.
ATTACHMENT B
MASTER CONTRACT
BETWEEN TRANSTECH AND THE CITY OF TEMPLE CITY
APPROVED BY CITY COUNCIL ON JUNE 19, 2012
AGREEMENT FOR CONSULTANT SERVICES
For Building Code Administration and
Public Warks/Engineering Services
by and between
CITY OF TEMPLE CITY,
a municipal corporation
and
TRANSTECH ENGINEERS, INC'.,
a California corporation
Dated: July i, 20t2
I AfRWI tax 41X1,7
AUREEMENT FUR (C)NNUL f ANC SERVI(TS
BETWEEN
CITY OF TEMPLE C'ITV
AND
TRANSTEC H ENGINFERS, INC.
`This Agreement for Consultant Services (':agreement") is entered into its of this I" day
of July 2012. by and between the City of' Temple City. a municipal corporation t"City ') and
TRANSTFiCH Engineers. Inc.. it California corpora[ion (-Consultant"). City and C'onsullant are
sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to
as the "f arttes."
RECITALS
A. City ha. sought. by issuance of a regnesl for proposals, the performance of the
engineering services defined and described particularly in Section '_ of this Agreement,
B. Consultant. following submission of a proposal for the performance of the
services defined and described particulatly in Section 2 of this Agreement. was selected by the
City to perform those services_
C. Consultant was selected by [Ire City on [he basis of ConsullaiW% demonstrated
competence and the professional qualifie<tdons necessary for the salisfactury performance of the
services required.
1.). Pursuant to the City of Temple Citv's Municipal Code. City 11;1%. -authority to enter
into this Agreement and the City i Tanager has authority to execute this Agreement.
E. 'T'he Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Section 2 of this Agreement. and desire that
the terms of that perforinance be as defined and described herein.
OPERATIVE PROVISIONS
NOW. THEREFORE. in consideration of the mutual promises and covenants made by
the Parties and contained herein, and other oonsideratiun. the value and adequacy of which are
hereby acknowledged. the parties agree as follows:
SECTION 1. TER11I OF AGREEMENT.
The term of this Agreement shall be for one 1 I) year commencing July 1. 2012. subject to
early tern» cation as provided in Section 20 "Termination of Agreement" of this Agreement. The
terns may he extended by mutual agreement (it the parties memorialized in a written amendment
to this Agreement.
t n+Nnz., 1W. -A640
SECTION 2. SCOPE OF SERVICES.
Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services and
Method of Compensation" which is incorporated herein by this reference:. in accordance with the
lernts and conditions of this Agreement.
SECTION 3. ADDITIONAL SERVICES.
Consultant shall not tic Compensated for any services rendered in connection with its
performance of this Agreement which are in addition to or outside of those set forth in this
Agreement or listed in Exhibit "A," unless such additional services are authorized in advance
and in writing by the City Council or Cily Manager tit City. Consultant shall he Compensated for
any such additional services in the amounts and in the manner agreed to by the City Council or
City Manager.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(al Subject to any limitations set forth in this Agreement. City agrees to pay
Consultant the amounts specified in Exhibit "B" "Compensation:' in accordance with Exhibit
"A" "Scope Of Services And Method Of Compensation" both made a part of this Agreement.
phi Each month Consultant shall furnish to City an original invoice for all work-
performed
orkperformed 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
sub -consultant contracts. Suh-consultant charges shall he detailed by the following categories:
labor. travel. materials. e{luipment and supplies. If the compensation set forth in subsection (a)
and Exhibit -13- include payment of labor un 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 or the task performed and the amount of tittle incurred for or allocated to that task.
City shall indelxndently review each invoice subrtnitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with tine provisions of
this Agreement. In the event that no charges or expenses are disputed, the invoice shall he
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 Consultant
t )rCOUCCtlUlt and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City. City will use its best efforts to cause Consultant to be paid within
forty-five (45) days of receipt of Consultant's correct and undisputed invoice.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not
be deemed to waive any detects in work performed by Consultant.
SECTION 5. INSPECTION AND FINAL ACCEP'I:ANCE.
City may inspect or accept or reject any of Consultant's work under this Agreement.
either during performance as provided herein. City shall reject or accept Consultant's work
described in each invoice within forty -live (45) calendar days of receipt of Contractor's invoice
for such work. City shall reject work by a timely, written explanation. otherwise Consultant's
I A x19244W.gV4 0
work shall be deemed to have been accepted. City's acceptance %hall he conclusive as to such
work except with respect to latent defects. fraud and such gross mistakes as amount to fraud.
Acceptance of any of Consultant's work by City shall not constitute a waiver of any of the
provisions of this Agreement including. but not limited to. sections 16 and 17. pertaining to
indemnification ;and insurance. respectively.
SECTION 6. OWNF.RSHtP OF DOCUMEN'T'S.
tat All original maps, models, designs. drawings, photographs, studies, surveys,
reports. data, notes, computer files, tiles and other documents prepared. developed Or discovered
by Consultant in the course of providing any services pursuant to this Agreement shall become
the sole property of City and may he used. reused or otherwise disposed of by City without the
permission of the Consultant. Upon completion. expiration or termination of this Agreement,
Consultant shall turn over to City all such original traps. models. designs, drawings,
photographs. studies. surveys, reports, data. notes. computer files. tiles and other documents.
ib) If and to the extent that City utilizes for any purpose not related to this Agreement
any snaps. models. designs. drawings, photographs, studies, surveys. reports, data [whether raw
or processed). notes. computer files. file% or other documents prepared. developed or discovered
by Consultant in the coarse of providing any services pursuant to this Agreement, Consultant's
guarantees and warrants related to Standard of Performance and found in Section 9 of this
Agreement shall not extend to such use of the maps. models. designs. drawings. photographs.
studies, surveys, reports. data, notes. computer files, files or other documents.
(c) Computer software. whether purchased, developed or licensed that is provided by
Consultant Ibr use within City facilities shall be provided at the sole discretion of Consultant. but
with the approval in City. ht the event of termination of this con(ract. City shall have the right it)purchase software developed by Consultant at fair market price to be determined at the time of
contract termination. Citv shall have site right to purchase nonproprietary or separately licensed
software from Consultant subject to the conditions imposed by the original software 'developer
upon Consultant. All data entered or generated by any software provided by Consultant shall
remain the property of the City.
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
tat Consultant shall maintain any and all documents and records demonstrating or
relating to Consultant's performance of services pursuant to this Agreement. Consultant 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 Agreemcnt. 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 Consultant pursuant to this Agreement. Any and all such documents or records
shall be maintained for three years atter final payments are issued and other pending matters
tare closed and to the extent required by laws relating to audits of public agencies and their
expenditures.
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I.A 04924.7-ts2.95,10 0
(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 he made available at Consultant'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 he lost or discarded due to dissolution or
termination of ConsultanCs business. City may. by written request, require that custody of such
documents or records he given to the City and that such documents and records he maintained
by the requesting party. Access to such documents and records shall he granted to City. as well
as to its successors -in -interest and authorized representatives.
SECTION R. STATUS OF CONSULTANT.
(a) Consultant is and shall at all times remain a wholly independent contractor and
not an officer, employee or agent of City. Consultant shall have no authority to hind 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
Consultant shall he under Consultant's exclusive direction and control at all times. Neither
City. nor any elected or appointed boards. officers, oflicials. employees or agents of City. shall
have control over the conduct of Consultant or any of Consultant's officers. employees. or
agents except as set forth in this Agreement. Consultant shall not at any time or in any manner
represent that Consultant or any of Consultant's officers, employees, or agents are in any
manner officials. officers, employees or agents of City.
(c) Neither Consultant. nor any of Consultant's officers, employees or agents, shall
obtain any rights to retirement. health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such
rights.
SEC`T'ION 9, STANDARD OF PERFORNIANCF..
(a) Consultant represents and warrants that it has the qualifications. experience and
facilities necessary to properly perform the services required under this Agreement in a thorough,
competent and professional manner. Consultant shall at all times faithfully, competently and to
the best of its ability. experience and talent, performs all services described herein. In meeting its
obligations under this Agreement. Consultant shall empluy. at a minimum, generally accepted
standards and practices utilized by persons engaged in providing services similar to those
required of Consultant under this Agreement. In addition to the general standards of
performance set forte) in this Section 9. additional specific standards of performance and
performance criteria are set forth in the Scope (if Work that shall also he applicable. to
Consultant's work under this Agreement Where there is a conflict between a general and a
-a-
IA a4824 -.14x: -9S94
specific standard of pertormance or performance criteria. the specific standard or criteria shall
prevail over the general.
0
(b) Il and to the extent that City utilizes for any purpose not related to this Agreement
any maps, models. designs. drawings, photographs, studies. surse_ys. reports, data. notes.
computer files. files or other documents prepared. developed or discovered hp Consult.ut in the
course of providing any services pursuant to this Agreement. ConsultanCs guarantees and
warranties related to Standard of Performance shall not extend to such use of the maps. models,
designs. drawings. phuroi,raplts. studies, surveys. reports. data, nates. computer ti
or transfer: recruitment or recruitment advertising: layoff or termination: rates of pay or other
forms of compensation: and selection for training. including apprenticeship. The consultant
agrees to post in conspicuous places. available to employees and applicants for employment.
notices to In provided by the consultant setting forth the provisions of this nondiscrimination
clause. Consultant will comply with all laws prohibiting discrimination. including, but not
limited to Title VI of the Civil Rights Act of 1964. Section 109 of the housing and Community
lh:velopment Act of 1974, the Age Dkeriminat'ton Act of 1975. and Section 504 of the
Rehabilitation Act of 1973.
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and agree. to comply will, all of the provisions of the Federal
Immigration and Nationality Act. Y U.S.C.A. 33 1101. ei sec., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should the any liability or sanctions he imposed against City for such use of
unauthorised aliens. Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed. together with any and all costs, including attorneys' fees,
incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(al Consultant covenants that neither it. nor any officer or principal of its firm. has or
shall acquire any interest. directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Consultant's performance of services under
this Agreement. Consultant further covenants that in the performance of this Agreement. no
person having any such interest shall be employed by it as an officer, employee. agent or
subcontractor without the express written consent of the City Manager. Consultant agrees to at
all times avoid conflicts of interest or the appearance of any conflicts of interest with the
interests of City in [lie performance of this Agreement. Consultant agrees that any conflict or
potential conflict of interest shall he fully disclosed prior to execution of this Agreement and
Consultant shall comply with all applicable federal, state and county laws and regulations
governing conflicts of interest.
(b) City understands and acknowledges that Consultant 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. Consultant is unaware of any stated position of
City relative to such proiects. Any future position of City on such projects shall not he
considered a conflict of interest for purposes of this section.
(c) City understands and acknowledges that Consultant will perform nun -related
services for other governmental agencies and private parties following the completion of the
scope of work tinder this Agreement. Any such future service shall not he considered a
conflict of interest for purposes of this section.
(d) Consultant may not conduct anv activity, including any payment to any person.
officer- or employee of any agency or member of Congress in connection with the awarding of
any federal contract. grant. or loan. intended to influence legislation. administrative r le -
I A 94824. M2.9584. ct
making or the election of candidates for public office during the term of this Agreement under
representation that such activity is being perfumed as a part of the Consultant's
responsibilities under this Agreement.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Consultant in performance
of this Agreement shall be considered confidential, unless such information is in the public
domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the City Manager, except as may he required by law.
(b) Consultant, its officers, employees, agents or subcontractors, shall no(, 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 u) a subpoena or court order shall not be considered "voluntary" provided Consultant
gives City notice of such court order or subpoena.
(c) It' Consultant. or any officer. employee, agent or sulleontractor of Consultant.
provides any information or work product in violation of this Agreement. then City shall have
the right to reimbursement and indemnity from Consultant for any damages. costs and fees.
including attorneys fees. caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant. its officers, employees,
agents or subcontractors he 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 Consultant or
he present at any deposition, hearing or similar proceeding. Consultant agrees to eooperate
hilly with City and to provide City with the opportunity to review any response to discovery
requests provided by Consultant. 1-1owever, this right to review anv such response does not
imply or mean the right by City to control, direct. or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Desian Activities As provided under Civil Code Section
2782.8, Consultant shall indemnify, protect, defend and hold harmless City and any and all of
its officials. employees and agents ("Indemnified Parties") from and against any and all claims.
actions and proceedings (whether at law or equity. administrative oriudicial), demands. orders.
_judgments, losses. liabilities, damages, costs and expenses, including attorney's fees and costs.
(collectively "Claims") to the extent same :arise out of, pertain to, or relate to the negligence,
recklessness. or willful misconduct of the Consultant, its officers, agents, emplovees or sub -
consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in
the performance of professional services under this Agreement, with the understanding that in
the event Claims are found by the trier of fact to have been caused by the joint or concurrent
negligence of the City and its contractors and consultants, and Consultant, damages and
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1 A 94824 18'N 95M %:l
expenses from both indemnity and duty to defend ohligations shall he home by each party in
proportion it) its negligence.
Ch1 Indemnification for General Services. Where the Law establishes a professional
standard of care for Consultant's Services other than design services set forth in Civil Code
Section 2782.2. Consultant shall, to the fullest extent permitted by law. indemnify, protect.
defend and hold harmless the Indemnified Parties from and against any and all losses.
liabilities, damages, costs and expenses. including reasonable attorney's fees and costs to the
extent same are caused in whole or in part by any negligent or wrongful act. error or omission
of Consultant, its officers, agents, employees or sub -consultants for any entity or individual
that Consultant shall hear the legal liability thereof) in the performance of professional services
under this Agrecntent.
let Indemnification for other than Professional Liability other than in the
performance of professional services and to the fail extent permitted by law. Consultant shall
indemnify. protect. defend and hold harmless City, and any and all of its employees. officials
and agents from and against any liability (including liability for claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings. tosses. expenses
or costs of any kind. whether actual, alleged or threatened, including reasonable attorneys fees
and costs. court costs, interest, defense colts. 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 Consultant or by any individual or entity for which
Consultant is legally liable. including but not limited to officers. agents. employees trr sub-
contractors of Consultant.
t01 Indemnification from Sub -Consultants. Consultant agrees to obtain executed
indemnity agreement:s with provisions identical to those yet forth here in this section from each
and every sub -consultant / sub -contractor or any other person or entity involved by, for. with or
on behalf of Consultant in the performance of this Agreement naming the indemnified fartie.
as additional intlntnitees. In the event Consultant fails to obtain such indemnity obligations
from others as required here. Consultant agrees to he 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 Consultant and shall survive cite termination of this Agreement or this
section.
(e) Citys Sole Negligence. The provisions of this Section 16 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 tram gross negligence or willful acts or omissions of City or
any and all of its officials, employees and agents.
if) Indemnification of City officials. Notwithstanding the foregoing, Consultant
and certain employees of Consultant will he acting as City officials during the performance of
this' Agreement. Consultant and any employee of Consultant acting as a City official may
request that the City defend and indemnify Consultant and said employee against any claim or
action against him or her for an injury arising out of all act or omission occurring within the
ILM
TA u.ts_a.lucz• 34.4 0
seope of his or her duties tinder this Agreement pursuainl to. and ,object to the limitations
provided in. Government Curie Section 825 NSI -q.
SEC'T1ON 17. INSURANCE.
Consultant agrees to obtain and maintain in full tierce and effect during the tents of this
Agreement the insurance policies set forth in f xhihit `'C" "Insurance." which is incorporated
herein by this reference. All insurance policies shall he subject to approval by City as to form
and content. These requirements are subject to amendment or waiver if so approved in writing
by (lie City Manager. Cansultanl agrees to provide City with copies of required policies upon
request.
SECTION 18. .ASSIGNMENT.
The expertise and experience tit Consultant are materialconsiderations for this
Agreement. City has an interest in the quatihc-ations of and capability of the persons and entities
who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In
recognition of that interest. Consultant shall not assign or transfer this Agreement or any portion
of this Agreement or the performance of any of Consultant's duties or obligations under this
Agreement without the prior written consent nt' the City Council. Any attempted asci.-nnienr
shall ix 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 summary termination of this
Agreernent. City acknuwled,cs. however. that Consultant. in the performance of its duties
Pursuant to this Axreement. may utilize subconlract rs.
SECTION 19. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable etfion to maintain the stability and continuity of
Consultant's staff and subcontractors_ if any. assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant's staff :mei subcontractors,
if any, assigned it) perform the services required under this Agreement, prior to and during any
such perfomuance.
SEC HON 20. TERMINATiON OF AGREEMENT.
tat City may terminate this Agreernenl. with or without cause, at any time by giving
thirty (30) days written notice of termination to Consultant. In the event such notice is given.
Consultant shall cease immediately all work in progress.
for Consultant may terminate this Agreement for cause at any time upon thirty i 0)
days written notice of termination to City.
tel If eilher Consultant or City fail to perforin any material obligation under title
Agreement, then, in addition to any other remedies. either Consultant. or City nsiv terminate
this Agreement immediately upon written notice.
Id's Upon termination of this Agreement by either Cunvultant car City, all pntpeny
belonging exclusively to City which is in Consulumi's possession shall be resumed to City.
Consultant shalt furnish to City a final invoice for work perfurmed and expenses incurred by
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Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall he
reviewed and paid in the same manner as set forth in Section 4 of this Agreement.
SECTION 21. DEFAULT.
In the event that Consultant is in default under the terms of this Agreement. the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead. the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant tnav cure the
default. This timeframe is presumptively thirty (30) days, but may be extended. though nut
reduced. if circumstances warrant. During the period of time that Consultant is in default. the
City shall hold all invoices and shall. when the default is curet]. proceed with payment on the
invoices. In the alternative. the City may. in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default. the
City may take necessary steps to terminate this Agreement under Section ?0. Anv failure an the
part of the City to give notice of the Consultant's default shall not he deemed to result in it
waiver of the City's legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Consultant shall not be liable for damages. including liquidated damages, if any. caused
by delay in performance or failure to perform due to causes beyond (he control of Consultant.
Such causes include, but are not limited to. acts of God, acts of the public enemy, lets of federal.
state or local governments. acts of City, court orders. tires, floods. epidemics, strikes, embargoes,
and unusually Severe weather. The term and price of this Agreement shall Ix txluitably adjusted
for any delays due to such causes.
SECTION 23. COOPERATION BYCITY.
All public information. data. reports. records, and maps as are existing and available to
City its public records, and which are necessary for carrying out the work as outlined in the.
Exhibit "A" "Scope of Services." shall he furnished to Consultant in every reasonable way to
facilitate. without undue delay, die work to he performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to le given under this Agreement shall he in writing and
shall he personally delivered, or sent by telecopier or certified mail, postage prepaid and return
receipt requested. addressed as follows:
To City: City of Temple City
Attn: City Manager
9701 US "I'unas Dr.
Temple City. CA 91780
To Consultant: TRANS"ITCH Engineers. Inc.
Attn: Craig Melicher. PE. CBC)
624 Brea Canyon Road
Walnut. CA 91759
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t A N-004 3,32 Ai -K4 v A
Notice shall he deemed effective on the dale persoually delivered or transmitted by
facsimile or, if mailed. three (3) days alier deposit of the same in the custody of the United States
Postal Servikx.
SFX`T ION 25. AUTHORITY TO EXEC'U'TE.
The person or persons executing this Agreement on behalf of Consultant represents and
warrants that he/shchhey has/hake the authority to so execute this Agreement and to hind
Consultant to the perlorniance of its ohligations hereunder.
SECTION 26. ADMINIST'RA'TION AND IMPLEMENTATION.
This Agreement +hall he administered and executed by the City Manager or his or her
designated representative. following approval of* this Agreement by the City Council. The City
Manager shall have the authority to issue interpretations and to snake minor amendments to this
Agreement on behalf of tit City so long as such actions do not materially change the. Agraenteni
or make it cununittnent of additional funds of the City. All other changes. utodifications. and
amendments shall require lire prior approval of the City Caudell.
SECTION 27. BINDING EFFECT.
`This Agreement shall be binding upon the heirs. executors. administrators. succcssurs and
assigns of the parties.
SECTION 28. NIODIFIC .A'ITON OF AGREEMENT.
No amendment to or modification of this Agreculent shall he valid unless made in writing
and approved by the C'onsullam and by the City Council. The parties agree that this requirement
for written modifications cannot he waived and Ihat any attempted waiver shall be void
SECTION 251. 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 It waiver of any subsequent breach or violation of any provision of* this
Agreement. Acceptance by City of any work or services by Consultant shall not constitute a
waiver of any of the provisions of This Agreement,
SECTION 30. LAW TO GOVERN: VENUE.
This Agreement shall he interpreted, construed and governed according to the laws of the
State of California_ In the event of litigation between the parties, venue in state trial courts shall
lie exclusively in the County of Los Angeles. California, 1n the event of litigation in a 11.5_
District Court, venue shall lie exclusively in the Central District of California, in Los Angeles,
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SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enfirce or interpret any prevision
of this Agreement. the prevailing party in such litigation or other proceeding shall be entitled to
an award of reasonable attorneys fees. costs and expenses, in addition to any other relief to
which it may he untitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement. including the attached Fxhibits "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 Consultant 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 he valid and binding. No amendment to this Agreement shall he valid and
binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 33. SEVF,RABiU TY.
It' any term. condition or covenant of this Agreement is declared or determined by any
court of competent jurisdiction to he invalid. void or unenforceable, the remaining provisions of
this Agreement shall not he affected thereby and the Agreement shall he read and construed
without the invalid. void or unenforceable provisionw.
iN WITNESS WHEREOF, the parties hereto have executed this Agreement on the: date
and year first -above written.
ATTEST:
Y
Peggy 1t
City Clerk
12-
CITY OF TEMPLE
Jose Pulit1b, City Manager
APPROVED AS TO FORM
Bv:
Eric S. V;tiv
City Attome%
[IV:4
By:
Its
Its:
NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL. BE INCLUDED AS MAY BE
REQUIRED BY Tl -IE BYLAWS, ARTICLES OF INC'ORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE AC KNOWLEDGMENI'
STATE OFCA1.IFORNIA
COUNTY OF
tire. .ijf�ij 1 e,' . personully appeared F'If ��r ('cid, pro%ed In me nn
the hasis of SntistactOn evidence to he the petsonls) whose nanres(s) is/are subscribed to the within instrument and
aeknowiedged to Inc that heklielthep evccuied the sanx in hislhedthert authorized caparay(irs), and that In
his/her/their signaturetsi on Elie instrurneut the person(s). or the cntity upon behalf of which the personts) acted,
cxeculed IDC Instrument
certirp under PENAL TY OF PERJURY under the laws ill tile State of Cah1i min that the foregoing paragraph is
true and Cornet.
PE 6GY KW
WITNESS my hand and oflicr:d w.al Conmeslon 1812591
twtrry Pubik - C�ttlornu
1 Los 1nWas County
_ r Comm, Baa 5 2014 +
Signature'
OPTIONAL
Thought [he dura below is nor required by law. it may prove valuable w persons relying oil the dmunrew and could
prevenl IMUdlllenl reattachInCnl ul'thts firm
1 4+4SZ1 ;492!K5d vz
DESCRIPTION OF A11 ACULD DOCUMEN'r
H rl_E OR 11 IT.. OF DOLT MEN'I'
NUMBER OF PAGhS
- HATE OF DOCUMENT
SIGNI3RISr OTHER THAN NAMED ABOVE
CAPACITY (1,AIMED BY SIGNER
❑
INDIVIDLAI.
❑
CORPORATE OFFICER
•rrrl_Els� —
❑
P.ARTNERtSI ❑ LIMITFD
❑
❑ GENERAL.
•1TTt)RNFI AN•FACT
❑
rRUSTE[�rS)
❑
GUARDIAN/CONSERVATOR
❑
OTFII.32
SIGNER
1S RF:PRESGN'I'IN(;c
(NAME OFPERSOMSr OR ENTIT'vrlE'sti
1 4+4SZ1 ;492!K5d vz
DESCRIPTION OF A11 ACULD DOCUMEN'r
H rl_E OR 11 IT.. OF DOLT MEN'I'
NUMBER OF PAGhS
- HATE OF DOCUMENT
SIGNI3RISr OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STaTF_ OF (ALIPORN[A
COCNTNOF
Ou Wine ate. Ixrsrmally appeared _
❑ personally known to trkr Ok ❑proved It, nu uu rhe huhu tit snns%wiury evidence la he the pmonvo whose
n:nnestsl )dare subscribed ro the within instrument ;rrrd
ackoawledged to ata that hetshe!they cueuted the same to
hisfherilheir authunzcd c:tpacrtytieN). and that by hirAcdtheu
signaturrrsl on the Instmntent the persontst. tut the entity upon
behalf of which the persontsi octet]. ewcuted the inetrument.
N'11"NfiSti uty hand and tiffical seal.
tSIONATI:RF.OFNO'T' IM
OPTIONAL
Though the data Lielow is nol regmred h} law. it may prase valuahle. to persons rclyutt,; on the docunrent and could
prevcm tiaudulenl reauac hntent ul this lirrnt
I A #JX24• 3.1X2 Y5M,t c 4
C'AMCITY CLAIMED BY SIGNER
DESCRIMON OF ATTACHED DOCt1tTENI
❑
INDIVIUUAI
❑
CORPOPLAI E OFFICER
-----
TITLE OR TYPF_ OF DOCUMENT
T1TI_FtSi
❑
PARTNEWSI ❑ LAMFTFD
❑ GFNF.RAL
NUMBER OF PAGES
❑
ATT(tRNFY•IN FA(—]'
❑
TRUSTF,L^&
❑
GUARDIANICONSrRVATOR
❑
(1THFIt
DATE OF DOCUMENT
SIGNER 1S REPRESENTING:
(NAME OF PERSOMSt (lit ENTITNAM,
SIGNPRIS) OTHER THAN NAMf:D ABOVE
I A #JX24• 3.1X2 Y5M,t c 4
EXHIBIT "A"
SCOPE OF SERVICES AND METHOD OF COMPENSATION
1. Method of Compensation
A. Consultant shall tie compensated at the rates specified in Exhibit B in accordance
with the terms and limitations of this Exhibit.
II. Consultant will perform the following Services and he compensated in accordance
with the following:
BUILDING CODE RELATED SERVICES
A. Except where excluded in paragraph B, the Consultant will review development
plans. calculations and reports for compliance with the City ordinances, the most
current California construction codes and otter applicable rules. regulations or
laws on an as -needed basis. Consultant shall be compensated at the percentage
stated in Exhibit B for all work for which the City receives a fill plan check fee.
and Consultant shall be compensated hourly for all plan review services for which
no fee is paid or for which a reduced fee is collected by the City.
H. Review by Consultant of soils and geology investigations or other similar work is
excluded from this agreement. Where requested by the City, Consultant will
assist City in selecting a qualified consultant to act in the capacity of City Soil,
and Geology Consultant.
C', The Consultant will arrange for pick -tip and delivery of the plans from and to the
City Hall. and any such costs for pick-up and delivery shall be included within the
limits of paragraph A.
D. The Consultant will be available and facilitate any mextin n with project owners.
applicants or City staff, as necessary. if needed. the City will provide space for
meetings between the Consultant and the applicant and/or property owner. Where
a full plan check fee has been paid. compensation for the tinge spent in such
meetings shall to considered part of the compensation paid in paragraph A.
except that consultant shall he permitted to recover travel time on an hourly basis.
Where no plan check fee has been paid, or where a reduced plan check fee has
been collected by [Il City. Consultant shall he compensated on an hourly basis.
E. The Consultant will provide building inspector services on an as -need basis.
Consultant shall he compensated on an hourly basis.
t.t 44824. crsZ.ycw .
A -I
F. The Consultant will provide permit technician services on an as -need basis.
Consultant shall he compensated oil an hourly basis.
C�. When requested by file City Manager. Consultant will attend Council.
Commission, and Committee meetings. Comultant shall he compensated on an
hourly hasis.
H. Where requested. the Consultant will establish building code related conditions of
approval for projects requiring Planning Commission or Council approval.
Consultant shall he compensated on an hourly basis.
Consultant', average initial plan review time shall comply with the followinz:
Prosect ValuationReview Tim
(1p to S21500)0 i weeks
$250.001 to .$750ANX) 3 weeks
$750,0(X)and marc 3 to 6 weeks*
t"°depending on acuu l scope)
CITY ENGINEER SERVICES
A The consultant will assist the City in the review of matters pertaining to all work
located within the public right of way or on property owned by the ('11%.
Consultant shall le compensated on all hourly hasis.
B. The consultant will be available for meetings related to all work fixated within
the public right of' way or on property owned by the City. Consultant shall be
compensated on an hourly basis.
C. When requested bN the City Manager. Consultant will attend Council.
Commission, and Committee meetings. Consultant shall be compensated on an
hourly ba-sis
1). The Consultant will prepare reports, invcstigalions, studies and, evaluations as
may lie required and directed by the. Citv Manager. Where not parr of a separate
agreement. Consultant shall Ix cotttpensated ou an hourly ftasis. Where such
work is part of a separate agreement. Consultant shall be compensated in
accordance with the terms of such separate agreement.
E. The Consultant will provide Water Service Contract Ma nagenient. Consultaut
shall be compensated on an hourly busis.
F_ The Consultant will review proposed improvements in the public right of way and
hand developments and provide recommendations as to engineering matter.% to
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insure conformance with the City'Municipal Code. CAMUTCD. CVC and other
State Laws including all statutory functions required by the State Subdivision
Map Act. Consultant shall he Compensated on an hourly basis.
U Where requested. the Consultant will establish conditions of approval for projects
requiring Planning Commission or Council approval. Consultant shall he
compensated on an hourly basis.
H. Traffic Engineering Services. Consultant will provide traffic engineering services
as -needed. Where not pan of a separate agreement, Consultant shall be
compensated on an hourly basis. Where such work is pan of a separate
agreement. Consultant shall he compensated in accordance with the terms of such
separate agreement.
GRANT RELATED SERVICES
The consultant will advise the City Manager as to engineering and construction financing
opportunities available from other govemnuem agencies and, when so directed, prepare
and initiate application requests for potential funding. Where not part of a separate
agreement. Consultant shall be compensated on an hourly basis. Where such work is part
Of a separate agreement. Consultant shall be comlxnsated in accordance with the terns of
such separate kereement.
CAPITAL IMPROVEhIENT PROJEC"PS
'1"he Consultant will assist City with identification and development of capital
improvement projects. This scope shall specifically include. but not be limited to.
program management, project management. design, construction, construction
management, project closeout. and labor compliance. Where required Consultant will
also provide a "Resident Engineer" as defined by the state or federal funding source.
Where not pan of a separate agreement. Consultant shall he compensated on an hourly
basis. Where such work is part of a separate agreement. Consultant shall be compensated
in accordance with the terms of such separate agreement.
Ill. As part of the Services. Consultant will prepare and deliver the Following tungible
work products to the City:
Provide project deliverables to staff on a case by case basis or a separate request for
services on a project by project basis as approved by the City Manager. Community
Development Director or their designees.
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A-3
IV. During performance of the Services. Consultant will keep the City appraise(] of the
status of performance by delivering the following status reports:
When requested thy the City. provide a report on current Projects including status,
submilial and return dates and actual plan review tune for projects where the Consultant
i> being compensated ort an hourly hasm
V. Performance of the Services:
A. Consuhautt represents that it employs or will employ al its owl) expense. all
liersonnel required rot the s lisractory performance of any and all tasks and
services. per the tents of this Agreement.
B. Consnitanl represents that the services required herein will he perfiirned by
Consultant, or under Consultanl's direct supervision, and Thal all personnel
perforniing such services shall be nilly qualified.
C. Consultant shall ensure that serviCeS periit-med under the tenor of this Agreement
are in full compliance with all applicable federal. state and local laws.
ll. Consultant shall work closely with the City Manager or other City designated
representative, who shall he the liaison representative of the City and shall, on a
c0nlir7uous basis. review and approve Consultant's work. Consultant shall ensure
that the City has reviewed and approved all required work. per the terms of this
Agreement.
E.. Consultant shall make no charige in the character or extent of the services
required by this Agreement, except as may he authorized in writing by the Cite.
Such supplemental authorization shall set forth the specific changes of services to
Ix performed and any related extension of time and/or adjustment of 1ec tar be
paid ata Consultant by City.
V1. Consultant will utilize the following personnel to accomplish the Services:
A. Robert Quintero - Contract Manager
B. Craig Melicher. PE, CBO.- Principal. Building and Safety Services
C. Neville Pereira. PE. CSO Building Otticial Alternate
I). Ayla Eriigen. CBO - Building Official Alternate
E. Ali Cayir. PE - Principal. Public Works/Engineering Services
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F. David Ragland. PE. PLS - Deputy City Engineer. General Admin and Capital
Projects Admin Support
G. Michael Ackerman. PE - Deputy City Engineer. General Admin and
Development Rei iew Support
UL Mike Schnepf - PW Inspection Support
1. Yunus Rahi. PE. TE. PTO E -Traffic Engineering Support
J. Selim Bouhamidi - Grants and Funding Support
K. .lana Robbins -Traffic Engineering Support
V11. AD1ENDMENT
The Scope of Services. including services. work products. and personnel. are subject to
change by mutual Agreement. to the absence al' mutual Agreement regarding the need to change
ally aspects of performance. Consultant shall Comply with the Scope of Services as indicated
ahove.
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EXMBIT "B"
COMPENSATION
1. Consultant shall use the following rates of pay in the performance of the Services:
'I'RANSTECH ENGINEERS. INC. STANDARD HOURLY
RAMS Erfective tbrough .June 30.2013
Classifrcalion
floarly Rate
Senior Engineer
$145 - $1(A
Project Manager
$140 - $155
Project Engineer
$110 - .� 145
Staff Engineer
$115 - $13()
C:ADD Designer
$95 -SHO
Planner
$1-15-$140
'transportation Analyst
$115-S130
Ppm Checker
$85 . $l(X)
Construction Manager
$140-$155
Inspeca,r (PW)
$85 - $95
Inspector tBuildmV
$65 - $75
Engineering Technician
$60-M
Administrative/Clerical
$4-5-$55
2 -Man Survey Creev
$190
Funds Analyst
$1(1.5 • $IIS
Reimbursable direct expenses are billed at cos! plus 10% for administration fee.
Annual (tate Adjustment: Effective July 1. 2013. and on each July 1" thereafter. the hourly rates
set firth in this Exhibit "B" shall be automatically increase([ by the percentage change Los
Angeles -Riverside -Orange County Consumer Price Index -All Urban Consumers (-CPI -U-) for
the pnccding twelve month period beginning April I and ending (March 31" as calculated and
reported by the U.S. Department of Labor Bureau of Labor Statistics. Rate increases shall be
rounded to the nearest $1 increment. In the event that the percentage change in the CPI -CI is zero
or a negative number. then no adjustment in the hourly rates shall be made.
Building Plan review services for work not located within the public right of Agy, For services
provided. Consultant shall be paid 5MI of fire tectal fees collected based on City's current fee
schetlulc. Where no fee is collected by the City or where a reduced fee is collected by the City.
Consultant shall he paid tin an hourly basis.
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Building Official Presence at Cit% Hall: at S 1'_O hr rate.
Public works and engineering (non-buildittglplm check and as -needed Public 1A`arks
and Building., i_nspection scryices: For serxices provided. Consultant shall he paid on an
hourly basis.
Cita Ermineer Presence at City Hall: Hourly at S 1201hr rate.
Development Rcview: Far sen ices provided. Consultant shall be paid on an hourly basis.
Preparation of Applications for potential Funds and Grants: The ree will depend on the required
%rope by the funding program. A scope and fec will he negotiated based on application type
at the time it target funding progrun and subsequent project is identified.
Capital Projects Design and Construction hfanagunent: The ice will depend on the type, size.
scope and complexity of the project and required Ic%el of service and stafing. Caltrauts
guidelines will be used in establishing scope and tee ranges. A scope and fix will he
negotiated based tiff specific prgject requirements.
The ahoye standard hourly rate table indicates that the rates are Effective through ,lune i(), ?(11?.
To provide fiarther clarification. the fbIlowing sentence is inserted: Ilotarly hitting rates are
adjusted anntntliv based on applicable Cost of Living Index.
11. The City will compensate Consultant for the Services performed upon submission of a
valid invoice. Each invoice is to include:
A. Where compensation is based an a percentage ol'the rets collected. the invoice
shall reflect the total Ices collected by the City and shall indicate the total fee owed Consultant.
B. For work perkwined on an hourly basis, the invoice shall identify all personnel.
the service provided, the number of hours worked, and the hourly rate. Where a suhconsultam
has provided a portion of the sen ice. the invoice shall identity the subconsuhant's invoice
amount, and a copy ofthe suhconsultant's invoice will be provided as supporting documentation.
C. For work pert onned that will he paid in whole or in part by CDBG funds.
Consultant must obtain the City's pre -approval to charge for reimhursahle expenses, and such
charges must be no more than the approved rates of the L.A. County Auditor -Controller.
D. Line items tier all travel related costs incurt-Ld by Consultant in the nonnal
pertenuance of the work without markup.
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EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Consultant shall provide and maintain insurance.
acceptable to the City Manager or City Counsel. in full fierce 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 work hereunder by Consultant. its agents.
representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's
rating, of no less than A:VII. Consultant shall provide the following scope and limits of
insurance:
Minimum Scope of Insurance. Coverage shall he at least as broad as:
(a) Insurance Services Office form Commercial General Liability
coverage (Occurrence Form CG WOI ).
(b) Insurance Services Office form number CA 0001 (Ed. 1159)
covering Automobile Liability. including code I "anv auto" and endorsement CA 0025, or
equivalent forms Subject to the written approval of the City.
(c) Workers' Compensation insurance as required by the Labor Code
of State of California and Employer's Liability insurance and covering all persons providing
services on behall'of the Consultant and all risks to such persons under this Agreement.
(d) Professional liability insurance appropriate to the Consultant's
profession. This coverage may he written on a "Claims made" basis. and must include coverage
for contractual liability. The professional liability insurance required by this Agreement must be
endorsed to he applicable to claims based upon. arising out of or related to services performed
under this Agreement. The insurance must he maintained for at least 3 consecutive vean
following the completion of Consultants services or the termination of this Agreement. During
this additional 3 -year period. Consultant shall annually and upon request of the City subunit
written evidence or this continuous coverage.
2. Minimum Limits of Insurance.. Consultant shall maintain limits of
insurance no less than:
(a) General Liability: $I.O00.1N10 for each occurrence of bodily
injury. personal injury and property daanage. and $2.000.000 annual aggregate.
(b) Automobile Liability: $L000.1NN) per accident for bodily injury
and property damage.
(c) A combined single limit policy with aggregate limits in an amount
of not less than $2.(X)0.000 shall he considered equivalent to the said required minimum limits
set forth in Subsections (1) and (2) above.
(d) Workers Compensation and Employer's Liability: Workers'
Compensation as required by the Labor Code of the State of California and Employers Liability
limits of not less than $1.1X10.(1(X) per accident.
(c) Professional Liability: $ 1.(XX),()00 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the
following provisions:
I. All Policies. Each insurance policy required by this Agreement shall be
endorsed and state the coverage shall not be suspended, voided. cancelled by the insurer or either
party to this Agreement. reduced in coverage or in limits except after 30 days' prior written
notice by Certified mail, return receipt requested, has been given to City.
2. General Liabilitv and Automobile Liability Coverages.
(a) 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 Consultant performs. products and completed operations of Consultant:
premises owned occupied or used by Consultant: or automobiles owned, [easel. hired or
borrowed by Consultant. 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.
(b) Consultant's insurance coverage shall he primary insurance with
respect to City, and its respective elected and appointed, its officers, officials, employees and
volunteers. Any insurance or self insurance maintained by City. and its respective elected and
appointed officers, officials, emplovecs or volunteers, shall apply in excess of, and not contribute
with, Consultant's insurance.
(c) Consultant'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.
(d) Any failure w comply with the reporting or other provisions of the
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' Conttxnsation and Employer's Liability 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 lose, arising franc work performed by Consultant.
C. Other Requirements. Consultant agrees to deposit with City, at or before the
effective date of this contract. certificates of insurance necessary to satisfy City that the
insurance provisions of this contract have been complied with. The City Attorney may require
that Consultant furnish City with copies of original endorsements effecting coverage required by
this Section. The certificates and endorsements are to he signed by a person authorized by that
insurer h) hind coverage on its behalf. City reserves the right to inspect complete, certified
copies of all required insurance policies. tit any time.
1. Consultant shall furnish certificates and endorsements from each
subcontractor identical to those C'onsulUant provides.
2. Any deductibles or self-insured retentions must he 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 Consultant shall prucure 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 Consultant's liability hereunder nor to fulfill the indentnilication provisions
and requirements of this Agreement.
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