HomeMy Public PortalAboutAgreement_2023-07-01 6/30/2028_Transtech Engineers, Inc._Engineering Services_AGREEMENT FOR SERVICES
BY AND BETWEEN
THE CITY OF TEMPLE CITY,
A MUNICIPAL CORPORATION
AND
TRANSTECH ENGINEERS, INC.
A CALIFORNIA CORPORATION
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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 1st day of
July, 2023 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 referred to individually as "Party" and collectively 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 Agreement and the city manager of the City (hereinafter referred to as 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
sufficiency of which is 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 Term of this Agreement is for three (3) years commencing July 1, 2023
and ending June 30, 2026. With two (2) successive one (1) year Terms up to a
maximum Term of five (5) years ending June 30, 2028. 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, 2026 and July 1, 2027.
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SECTION 2. 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, as determined by the City in its sole and absolute discretion and except
as set forth in Section 22, 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 by City 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 by City 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
and approve, in City's sole discretion, 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.
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(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 nor shall payment to Service Provider be deemed a waiver of any other breach
or default 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 (whether digital, physical
or otherwise) prepared, developed, received 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. All documents shall be turned over to City within thirty (30)
days upon completion, expiration or termination of this Agreement.
If and to the extent that City modifies or utilizes for any purpose not related to the
project for which they were prepared under this Agreement any maps, models, designs,
drawings, photographs, studies, surveys, reports, data, notes, computer files, files or
other documents prepared, developed or discovered by Service Provider in the course
of providing the Services pursuant to this Agreement, it does so at its sole risk and
Service Provider's representations in Section 9 "Standard of Performance" of this
Agreement shall not extend to such modification or use of the maps, models, designs,
drawings, photographs, studies, surveys, reports, data, notes, computer files, files or
other documents.
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SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and other 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 (whether digital, physical or otherwise)
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 pursuant to this Agreement. Any and all such documents
or records shall be maintained for at minimum three (3) years from the date of
termination of this Agreement and to the extent required by laws relating to audits of
public agencies and their expenditures, whichever period of time is longer.
(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, as determined by City in its sole and absolute
discretion; 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 for any
reasonable reason, including 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. Unconditional 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
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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
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.
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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, sexual orientation,
age, physical handicap, medical condition, marital status or other legally protected class
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 seq., 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
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
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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 written notice of such court
order or subpoena prior to Service Provider's response to said subpoena or court order.
(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
Provider for any damages, costs and fees, including attorneys' fees, 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
unilateral 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 before submission of such discovery responses.
However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response, nor shall City be responsible for any
deadlines imposed upon Service Provider.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. 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 represenentatives ("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 attorneys' 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 liabikity 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
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under this paragraph but shall remain obligated to reimburse City its costs of defense,
including without limitation attorney fees, expert fees and all other costs and fees of
defense and litigation 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 wilful
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. Service Provider shall promptly pay any final judgment rendered against the City
(and its officers, employees, agents and volunteers) with respect to claims determined
by a trier of fact to have been the result of the Service Provider's negligence,
recklessness, or willful misconduct. It is expressly understood and agreed that the
foregoing provisions are intended to be as broad and inclusive as is permitted by the
law of the State of California and will survive termination of this Agreement.
(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 (using legal counsel reasonably approved by
City) 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, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including attorneys' 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. Should conflict of interest principles
preclude a single legal counsel from representing both City and Service Provider, or
should City find Service Provider's legal counsel unacceptable, then Service Provider
shall reimburse City its costs of defense, including without limitation attorney fees,
expert fees and all other costs and fees of defense and litigation. Service Provider shall
promptly pay any final judgment rendered against the City (and its officers, employees,
agents and volunteers) with respect to claims determined by a trier of fact to have been
the result of the Service Provider's negligent, reckless or wrongful performance. It is
expressly understood and agreed that the foregoing provisions are intended to be as
broad and inclusive as is permitted by the law of the State of California and will survive
termination of this Agreement.
(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
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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 in City's sole and absolute discretion.
Service Provider agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The professional skill 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 as permitted by this Agreement.
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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 in writing 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
for any work performed after the date of default. Instead, the City may give notice to
Service Provider of the default and the reason(s) 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 by City, 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. Any
payment made pursuant to this Section does not constitute a waiver of, or a consent to,
any present or future violation of or default of this Agreement.
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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 to be given by either party shall be in writing and shall be sufficiently
given or made by (i) delivery in person; (ii) first class, registered or certified mail,
postage prepaid; or iii) overnight courier addressed to the other party at its address set
forth herein or at such other address as the other party may have designated by notice
given hereunder.
To City:
To Service Provider:
City of Temple City
Attn: City Manager
9701 Las Tunas Dr.
Temple City, CA 91780
Transtech Engineers, Inc.
Attn: Ali Cayir
13367 Benson Ave
Chino, CA 91710
Notice shall be deemed effective on the date personally delivered or, if mailed,
five (5) 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.
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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 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
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.
{02135503;1}
LA #4812-6556-4997 v2
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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.
CITY OF TEMPLE CITY
City Manager
ATTEST:
Peggy u
City Clerk
{02135503;1}
LA #4812-6556-4997 v2
DRAFT 8/3/22
- 13 -
APPROVED AS TO FORM
Greg
City Attorney
By: Ct A ` By:
Alien Cayir `✓ Sybil Cayir
Its: President y Its: Secretary
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.
{02135503;1}
LA #4812-6556-4997 v2
DRAFT 813122
- 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 SAN BERNARDINO
On
//
ate
personally appeared
, 20before me,
TJ/9--PYBB64S
Name And l itle Ot Officer (e.g. "Jane Doe, Nota bloc")
Alle-72 64-g
.1. A. ROBBINS
Notary Public - California z
Riverside County
Commission # 2432533
My Comm. Expires Dec 27, 2026
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
OPTIONAL
Signature of -Notary Public
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED ! ' UMENT
Signer's Name:
Individual
Corporate Officer
Partner(s)
Title(s)
Limited
General
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person s)'Or Entity(ies)
Title or Type of Document
Number Of Pages
Date Of Document
Signer(s) Other Than Named Above
(02135503;1)
DRAFT 8/3/22
LA #4812-6556-4997 v2
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 SAN BERNARDINO
On
ate
personally appeared
, 2o2 before me,
J. A. R0B81N5
Notary Public - California
Riverside County
Commission # 2432533
My Comm, Expires Dec 27, I026
able' __5
4/1
e And Title Ot Officer (e.g. "Jane Doe, F o ry ublic")
ame Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
correct.
WIT S ha • a d official seal.
ION AL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION 0 ACHED DOCUMENT
Signer's Name:
Individual
Corporate Officer
Partner(s)
Title(s)
Limited
Ge al
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number Of Pages
Date Of Document
Signer(s) Other Than Named Above
(02135503;1)
DRAFT 8/3/22
LA #4812-6556-4997 v2
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{02135503;1)
LA #4812-6556-4997 v2.
DRAFT 8/3/22
A-1
EXHIBIT A
er
or
Section 6
once
Proposal
Public Works Engineering Services
6. Work Performance 6.1
6. Work Performance
SCOPE OF SERVICES:
City's RFP includes a detailed Scope of Services recited below, which we will adhere to:
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 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
will include but may not be limited to the following:
• 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 will include but may not be limited to the following:
• Reviewing plans and specifications.
• Writing corrections and redlining of plans.
• Determining appropriate conditions to impose on permits.
• Providing pick-up and delivery of plans at City Hall and maintaining a log of plans in process and their status
accessible at any time by City staff.
• Learning and effectively utilizing the City's cloud -based software for permit issuance and tracking.
5. Provide plan review of plans submitted for planning or zoning review for public works issues. This may include
conceptual or preliminary plans, architectural plans, site plans, and preliminary grading plans. Services will include
but may not be limited to the following:
• Reviewing project applications, plans, and related documents.
• Identifying major public works issues to be addressed through the planning process prior to plan check submittal
including but not limited to grading, off- site improvements, and traffic.
• Writing conditions of approval related to public works issues to be imposed on the project through the planning
process.
• Learning and effectively utilizing the City's cloud -based software for permit issuance and tracking.
6. Provide review of projects submitted under the Subdivision Map Act and related provisions of the Temple City
Municipal Code. This includes but may not be limited to tentative and final maps, lot mergers, lot line adjustments,
certificates of compliance, dedications, vacations, and easements. Services will include but may not be limited to
the following:
• Reviewing applications, maps, legal descriptions, deeds, and related documents Providing redline documents
and writing corrections Writing conditions of approval to be imposed on tentative maps.
• Providing pick-up and delivery of mylar at City Hall and maintaining a log of reviews in process and their status
accessible at any time by City staff.
• Learning and effectively utilizing the City's cloud -based software for project tracking.
7. Provide city engineering services, including but not limited to the following:
Proposal
Public Works Engineering Services
TRANSTECk
6. Work Performance
6.2
• Attend meetings with City staff, public officials, developers, contractors, and the public as needed.
• Attend Commission and City Council meetings as needed.
• Represent the City as its city engineer while interfacing with the public and other agencies including but not
limited to L.A. County Department of Public Works, Southern California Edison, and the four water purveyors that
serve the City.
• Serve as the primary liaison to the County of Los Angeles Department of Public Works for technical and policy
issues.
• Review documents and reports from other agencies pertaining to Temple City infrastructure or public works
matters and provide recommendations to staff on appropriate responses or actions.
• Provide guidance and technical assistance to City staff on public works and engineering laws, policies,
procedures, and best practices including but not limited to the California Public Contract Code, Streets and
Highways Code, and Subdivision Map Act.
• Provide guidance and technical assistance to field staff regarding infrastructure and maintenance issues.
8. Provide a city engineer presence at City Hall five hours a week with a consistent scheduled agreed upon by the
selected firm and the City. Hours may be adjusted over time depending on project volume and workload. While in
the office, the city engineer will be expected to provide internal and external customer service, including seeing
customers at the counter, meeting with City staff, and taking phone calls.
9. Attend a regularly scheduled, one -hour, weekly meeting with the City Manager and Public Works staff to discuss
major projects, answer questions, and such.
10. Provide traffic engineering services, including but not limited to the following:
• Review and provide comments on traffic impact studies prepared by other consultants for development projects.
• Review and provide comments on proposed development projects pertaining to traffic issues including but not
limited to traffic impacts, site access and circulation, and parking; prepare conditions of approval for projects
• Review and provide engineering judgement on traffic safety issues raised by City staff, the Transportation and
Public Safety Commission, and the public.
• Conduct traffic reviews and prepare reports with recommendations for issues including but not limited to stop
sign warrants, crosswalk installation and removal, traffic calming, speed surveys, accident histories, and other
general traffic safety and related issues.
• Prepare and make presentations to the Transportation & Public Safety Commission and City Council regarding
traffic reviews and recommendations.
• Serve as the primary liaison to the County of Los Angeles Department of Public Works for traffic signal timing and
maintenance, striping, signs, and other traffic issues.
1 1. Provide project and contract management services for public works projects and other select capital improvement
projects to be determined. Services will include but may not be limited to the following:
• Prepare project plans, bid specifications, and Notice Inviting Bids.
• Conduct pre -bid meetings.
• Respond to inquiries and prepare addendums to bid specifications as needed.
• Conduct bid opening and bid analysis.
• Prepare staff reports and other documents as may be needed for contract approval
• Direct and supervise contractor work.
• Monitor labor compliance.
• Prepare contract change orders.
• Review project invoices for accuracy and contract compliance.
• Prepare staff reports and other documents as may be needed for project acceptance.
• Maintain all project documents and files on behalf of City.
• When applicable, work with City's grant administrator on grant -funded projects to prepare additional paperwork
as necessary for grant compliance.
12. Provide project management and manage consultant contracts for public works services, such as updating plans or
preparing studies beyond the scope of this contract. Services will include but may not be limited to the following:
• Prepare and distribute RFPs or RFOs.
• Evaluate proposals submitted and interview consultants as needed.
• Negotiate price and contract terms with consultant on behalf of City.
• Prepare staff reports and other documents as may be needed for contract approval.
Proposal
Public Works Engineering Services
TRANS7ECH
6. Work Performance 6.3
• Direct consultant work serves as liaison with consultant, and review work product.
• Monitor work and progress and review invoices to ensure consistency with project budget and schedule.
13. Advise City staff as to grants or other funding available for public works projects and, when so directed, initiate and
prepare applications for such funding or grants.
14. Provide oversight of the City's public works program. This includes providing direction and mentoring to the staff permit
technician pertaining to encroachment permits and providing recommendations to the City Manager regarding the
program.
15. Monitor trends, legislation, and standard practices and advise the City Manager on appropriate codes, policies,
procedures, and practices to adopt.
16. Coordinate, consult, and provide input to other departments and agencies as may be required, including but not
limited to planning, building, code compliance, the Los Angeles County Department of Public Works, Los Angeles
County Sheriff's Department, Los Angeles County Fire Department, the City's consultant for building and safety
services, the City's consultant for NPDES compliance, and utility providers.
17. Prepare, implement, and enforce policies and procedures.
18. 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 after regular business hours.
19. Provide any other services as may be necessary for administration and enforcement of the California Public Contract
Code, Streets and Highways Code, Subdivision Map Act, applicable provisions of the Temple City Municipal Code,
and any other codes pertaining to public works and engineering matters.
SERVICE METHODOLOGY:
Project Control Systems:
Project controls are essential to keep complex construction projects on budget and on time. They help teams
and stakeholders identify emerging risks early, before they become expensive, time-consuming problems.
With advance warning, these issues can be mitigated or avoided altogether. Project controls also give
leadership the data they need to set realistic expectations, manage subcontractors, and plan with
confidence. During the course of a project, program and project managers use controls to monitor time and
cost expenditures and compare them to project lifecycle forecasts. They also rely on them to coordinate
onsite execution with the milestones established during the design, procurement, entitlement, and pre -
construction stages. The benefits of project controls are many. When they are put in place and used
appropriately, they contribute to increased efficiency, decrease in delays and cost overruns, and fewer
claims and costly litigation.
Our staff has experience will all of the major document control software systems including Procore, Autodesk
ConstructWare (which has now become Construction Cloud), and Primavera P6. In our experience all major
control software programs work basically the same way, and adapting from one software offering to another
has a fairly small learning curve. Because the specific software is generally a choice made by the prime
contractor, our staff is ready to partner with any user of any program. That said, not all projects require the
'fire power' associated with an expensive, sophisticated control system. Sometimes an intelligently designed
filing system that stores basic Word, Excel, PDF, and email documents in the cloud is all a project really needs.
Issues Tracking System:
An issue tracking system provides an easy way to document issues, assign responsible party, and view the
status of how the issue resolution is progressing. Complete documentation of issues is critical to mitigate risks
on current projects and prevent similar issues on future projects. When issue tracking is integrated with the
project management system, all documentation, and communications related to the project become
centralized to provide complete transparency into project status.
Proposal
Public Works Engineering Services
TRANSTECk!
6. Work Performance 6.4
Quality Assurance Program:
During construction, an effective Quality Assurance Program will ensure the materials and workmanship
incorporated into project conform to the requirements of the contract plans and specifications including
approved changes. The main elements of a Quality Assurance Program are:
• Acceptance program
• Independent assurance program.
Value Engineering:
Depending on a project's size, complexity and the owner's requirements, Value Engineering may also be
considered. The Value Engineering may consist of a systematic process of review and analysis of the project
during the concept and design phases, by a multi -disciplined team of persons not involved in the project,
may include recommendations such as:
• To improve the value and quality of the project.
• To provide the needed functions safely, reliably, and at the lowest overall cost.
• To reduce the time to complete the project.
• To combine or eliminate otherwise inefficient use of costly parts of the original proposed design for the
project.
Coordination with City:
Key project team members will attend periodic project progress meetings with City staff throughout the
project duration. We will maintain and establish and maintain a close working relationship with City staff. We
will manage assigned projects, carefully control costs and resources, and complete assigned work on
schedule. We will provide progress reports to the City at regular intervals.
Expediting Projects:
Transtech understands the importance of being able to expedite tasks, when requested, by the City.
Transtech has sufficient staff and resources to expedite projects.
Contract Administration Approach (Caltrans LAPM):
For construction contract administration, we follow guidelines described in Caltrans Local Assistance
Procedures Manual (LAPM). Maintaining complete and accurate files is a very important aspect of
managing federally funded projects. Generally, whenever the local agency is unable to produce requested
data or information, it is assumed by reviewing personnel that the required actions were either never
performed or not properly recorded. Organized project files can minimize these negative assumptions.
Organization and content of the project file is one indicator of effective and efficient management of the
project by the resident engineer. LAPM has been prepared to aid California local agencies scope, organize,
design, construct and maintain their public transportation facilities when they seek Federal Highway
Administration (FHWA) funded federal -aid or state funding. This manual describes the processes, procedures,
documents, authorizations, approvals and certifications, which are required in order to receive federal -aid
and/or state funds for many types of local transportation projects.
CIP Management:
Transtech manages Capital Project Program and maintains CIP Matrix and Schedule for various contract
Cities. The CIP Matrix includes a detailed tracking info for each CIP, as well as a high-level project schedule
status in bar chart format for various project phases. The CIP Matrix is updated frequently, and project status
is presented to City Management at management meetings, as well as to City Council when directed by the
City Management.
Proposal
Public Works Engineering Services
TRANS -TECH
F'
CITY OF
201912024 Capital Improvement Projects {CIP)
Engceering Deparlmtrlt
Rued on
PROD.
NO
NO
PROJECT NAME
RESPONSIBLE
DEPARTMENT
STATUS
PROJECT
BUDGET
BALANCE AS
PREVIOUS
FY FY
2019.2020
2020.2021
2021.2022
2022-2023
2023-2024
MILESTONES I UPDATES
B1
ADAAccess •PdtLcrecites
Payee's;
F1ai.'eFuided
5400.000
_
0093
$100.000
$100.000
5100.030
510).000
92
Poke • Forelst Lee upgrade Part 1
Poke Cent
Future Fandrd
5211.200
CP
5211,200
9-3
Poke • Foot Lee upgrale Pall
Poiice D 0
Fulrre Funded
593500
CP
$93.500
64
Rote - Forenec Lab uDgade Pei 3
Poke Ow
Fiaare Frndsd
538500
CP
133.500
B5
Fre St:ton 3 - Covington 8 Rabrkon
Fire Deal
Fahre Funded
53.500.000
CMG
-53.50000✓0
134
Fre Stem l8HeedW8rersRV'renal
Filebgl
Urloded
$13070000
Untlyded
513.870.000
9-7
Fig SIAM 1'-RecimeErregeg&carabr _
Fee Not
FastFunde9
536000
CT
536.000
949
Fro Staten -I -Gag 6 Fante lnitaseon
Fire Drol
Fore Funded
$25,00)
CT
825000
9-9
FreStalen1-Roiro»K4dun
F1reDent
UntaWed'7
527060
RA
571,600
9.10
FreSnaal2-RmrodetMahon
FwiDenl
UAoded7
$42506
1LA
542.700
9-11
Fre Sidon 2 -Roo eleBati g
;ire Deal
Unfirdri
51.100000
Unfunded
$1,100000
9-12
FreSt8on2- Rome Foonng
FlreD93t
FutreEroded -
912.000
OF
512,000
9-13
Fre Stelon 2 • Redwe Root
Fire Dent
Note Fanded
578500
OF
578.500
9-14
FreStero3•Derotshand RaoLid
Fire Dent
Urdnded
$7.500.000
Unirrded
57.500.003
B15
FreStalon3-Retoodia'K)are-r
71103001
FdueFandad
536900
OF
$35,000
516000
CITY OF
Capital Improvement Projects (CIP) Schedule
Engineering Department
Revised on 1'152020
Desgn- 9 7 Adye+'+s nent: Anarysa! A;raM-
10.
Mrsc Cooadnanon
SAMPLE
HIGH-LEVEL
CIP SCHEDULE
TRACKER
Project No Project
1+, M
ie0 2C
.o.20 aa-Ia
arr@n
ar-11
yr•7a
&VII
seo3a
00.20
rla>2e
a•e.m
Jail
lNal
11.1-11
Ape 11
11201
J.21
.704,
4ra11
1 2r
0.21
tine -21
Me.n
17003
Major Street Rehab —Ave
Yederarvroyecl 1.. oseoul iwondmauon with I, iiransp
I ! 1 I.. _ ! I I ! I T T I I I I I I
17022
Upgrades foT Swr l iftSta ten
-
Long lead time mawerial proalremenl
Gonslrccbcr (mctuiing marntenancel
'Major
19006!18005
Street Rehab -_Ave
Revrw of project Funding coerdinatonlapprovals on FTIP
Design 1 Preparation of PSBE (Be Package)
Slack brae jays d winter months for tonslnrction)
Constructer Bid Advertsemenl! Award
r
Conslaudor
1B03i
iiesidenllal Street Rehab • Annual Prgm (Ff778)dim
BidAdvertsemelt! Award
Constn.dior
I
1901}3itestroom
Renovation at Senior Center
Constructor Sid Advertisement r Award
onstudgr
-
19007
Park Parking Lot -Citrus Entrance
Design ,,Preoarat on of PSBE IBd Package)
I
Construction Bid Advertisement I Award
-
0000 'udiOr
-
190271iike
and Ped. Improvements (Storm Oraftmp. itt
Design I Preoaraboe of PS5E tad Paa®ge) ICompletedl
Stardbr Coordination wlam ith C ty la obtain storm drain permit
p
Constructor Bel Advertisement! Award
—
Ctalsunro ur
8DUDLUJOjJaci >11p,n,/`
r -n
6. Work Performance 6.6
Project Schedules:
Transtech has a proven track record for completing projects on time. As part of our role as Project Managers
is to develop, review, update and manage the project schedules and confirm that tasks are scheduled within
reasonable and appropriate timeframes. We constantly review, monitor and update the schedule to confirm
it is in compliance with the original schedule and that related coordination with external/3rd parties/regulatory
agencies/utility companies, etc. are on track. If the look ahead schedule is not in compliance with the
original schedule, we take appropriate actions to avoid potential delays. Our approach to Scheduling and
Timely Completion of Project and Schedule Recovery includes having the contractor prepare a baseline
schedule, which identifies the project scope, critical path, project milestones, target dates, phases and
sequences of work, and activity durations. When significant activities show that they are slipping from the
baseline, we work with the contractor to develop recovery plans.
Below are samples of schedules we work with.
SAMPLE PROJECT SCHEDULES, WHICH INCLUDES PROJECT PROGRAMMING/PLANNING, DESIGN, CONSTRUCTION
Preliminary Schedule (1446.171
Almenaoc Court Projects. PALM COURT PATIO
AU. DATES SHOWN ARE DEPENDENT ON ACTS COMPLETION OF ITS TASKS, AND SFI CT ED CONTRACTOR'S ABILITY TO PROCURE, FABRICATE•INSTALL DESIRED MATERIALS PER AC SPECS AND TIME FRAME
ID TaMM Name ht.2Uw Stan VON, Pm1.3.,
' DESIGN PHASE
23 Fri Tat
days 1L'6117 110(17
Feat meeting Cotween ACO and CSD m *Tans
Xojoct9
days
ACC submlb aunpom pions loch epom to SD tot
Plan Chad
0
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IN
1DB/1T
Fn
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10/6117
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5
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lime allowance fur ACO to maw pmts and
mason fins pima to BD
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BD returns Mai mmmnen n m AGO
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minion, by ACO
ACO Wawa VW IILYn to BD for stamp Wyss„ ,•
12
PLANS APPROVED BY BD
13
CC APPROVAL OF BID PACKAGE AND NOTIC
INVITING BIDS INIB)
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1S
Start AewrtmnnM to, Beds (MINIMUM 12
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Proposal
Public Works Engineering Services
TRANSTEcff
6. Work Performance 6.7
SAMPLE OF CONSTRUCTION SCHEDULE-PRIMAVERA FOR A LARGE CONSTRUCTION PROJECT {WASHINGTON BL $38M)
Washington Blvd ReCownstruction Project, City of Commerce
SUM1000 Nlloe To Proceed
SUM1050 Project Completion
SUB1000
SU B1010
SUB1020
SU5i030
SU B1040
SUB1050
SUB1210
SUB1220
SUB1230
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SUB1080
SUS1000
SUB1100
SUB1110
SUB1120
SUB1240
SUB1250
SUB1260
SUB1140
SUB11S0
SUB1180
SUB1170
SUB11B0
SUB11 90
Prepare/Submit Signal Poles & Mast Arms
Prepare/Submit Controller Cabinets
Prepare/Submit Street Light Poles
Prepare/Submit Bus Shelters
Prepare/Submit Banner Poles
Prepare/Submit Branding Sign Poles
Prepare7Submh LCB Mix Designs
Prepare/Submit PCC Mix Designs
Prepare/Submit HMA/ARHM'Mix Designs
Review/Approve Signal Poles d MestArrne
Review/Approve Controller Cabhets
Review/Approve Street Light Poles
Review/Approve Bus Shelters
Review/Approve Banner Poles
Review/Approve Branding Sign Poles
Review/Approve LCB Mix Designs
Review/Approve PCC Mix Designs
Review/Approve HMA/ARHM Mix Designs
Furnish Signal Poles & Mast Arms
FurNsh Controller Cabinets
Furnish Street Light Poles
Furnish Bus Shelters
Furnish Banner Poles
Furnish Branding Sign Poles
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10 23 -Feb -15
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10 23 -Feb -15
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10 05 -Met -15
10 09 -Mar -15 20 -Mar -15
10 09 -Mw -16 20 -Mar -15
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10 09 -Mar -15 20 -Mar -15
10 09 -Mar -15 20 -Mar -15
10 Oa -Mar -15 20 -Mar -15
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8D 23 -Mar -IS 14 -Jul -15
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8D 23 -Mar -15 14 -Jul -1S
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BO 23-Mar.15 14 -Jul -15
013 -Mar -15
06 -Mar -15
06 -Mar -15
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MOBLI0ATION
MOB1030
MOB 1000
MO81013
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Mob,lizuson
Remove Trees
Install Storm Drain Lee B
Install Stoner Drain Laterals 637, &18, B-
NDIANAST?C. 710 FVoY. _ _ _ _ _ __ _
FRI1 1,1000 4.ve Survey
1.1-1020 Install BM P's
1_tnln tn.lall Tralfir• (in n,rnl/Tw.mr, Sin n0/.
110 110 11 -Mar -15 13-Au0-15
98 96 11 -Ma/ -15 28 -Jul -15
2 2 11 -Mar -15 12 -Mar -15
1 1 11 -Mar -15 11 -Mar -15
F 11_Mnr_15 17J,1wr-15
0
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6e
Notice Td Proceed
= 5 ipa uib ri Sl ant Poles a M451A
PreparelSubm1 Controller Cepnets
Prepard/Submt Sheen Light Fides
Prune/id/Submit Bljs Shelters j
P repardeSubm5 Bonner Pole
P reperellSu`6'mY Br`�'�linp �TpPalea
Pward/Submit LOB Mix Designs
P regara:,r�vbmt PCC Mix Dasigna
PreparitSubmll H ARHM Mix Design?
Review/Apprdve Signal polas & Mast Arms
fl+iaw1,4.pPraly t Contro eat Cabinets
Review/APprdve Street Ight Polasi I j
Rei,iew/AppnSve Bus S hers
R4iew/Apprrve Barren Poles
Review/A pprrlere Branding Sign Poles
14Jel-15. SUB7411TTALS OCUREIEN1
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Ppr,.ve }11,41 ARHM Mix Designs
"1 &Int ± j 1 II s
{ 3rtatall,BMP?e { I
I 4.21 rtsthl Traffic. doetrolrTernb Signals
SAMPLE CONSTRUCTION SCHEDULE (SINGLE NTP AND SINGLE MOVE -IN
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Proposal
Public Works Engineering Services
TRANSTECII
6. Work Performance
6.8
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:12111 TOROIDAL DATE 70 MEET IN ORDER t0 ST4RI
;ANDCOMPLETE THE FELO WORK FOR SCHOOL
4:100 START OF FIELD COASTRII CT.O1 OF NEW TRAFFIC 10NA:
11'IWRL SE MOACTEO NY PROCUREMENT PROCESS AND
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11". :TO COMPLETE IT VANN THESE DATES. LINADATEO DAM/41111
• 'STALL RE CHANGED 10 THE CONTRACTOR FOR EACH
1,1.101 WOAR DAY PAST 714E COMPLETION DATE. 110101111111/11.
•
4
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::ALL 15 FIELD CONETRUCT70N WORN SHALL BE 1000.1E TE0
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tpRON( E CONTRACTOR FAILS TO COMPLETE IT W INN l'll
•ALLVt2D N'ORIUN00.1YS. LOVOATED DAMAGES SHALL AF
• .CHARGED TO THE CONTRACTOR FON EACH {µ-[HOAR 011'
RAS11rLE SPECIFIED 000*0ON START DADE ENOWN ON 74E
;SCHEDULE MAT RE ADAtsTEO SOEOECT 1'O ,JunHAS,F
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SAMPLE HOUR BY HOUR SCHEDULE FOR NIGHT-TIME
AND WEEKEND WORK
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thole Clow
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time Kamp,
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Proposal
Public Works Engineering Services
TRANSTEC{i
EXHIBIT B
Section 7
F s
Proposal
Public Works Engineering Services
7. Fees 7.1
7. Fees
RFP Requires:
Provide a compensation schedule for the services to be provided. Provide an hourly compensation schedule
for all personnel that may provide the services requested. Discuss any fee escalators for hourly rates, such as
an annual CPI adjustment.
TRANSTECH RESPONSE:
Following page includes Transtech's Schedule of Hourly Rates for all staff classifications:
TRANSTECH ENGINEERS, INC.
SCHEDULE OF HOURLY RATES
Effective through June 30, 2023
Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project's scope,
when such projects are identified by the City.
ENGINEERING
Field Technician
$80
- $90
Engineering Technician
$90
- $100
Assistant CAD Drafter
$100
- $115
Senior CAD Drafter
$115
- $130
Associate Designer
$130
- $145
Senior Designer
$145
- $160
Design Project Manager
$180
- $190
Assistant Engineer
$110
- $120
Associate Civil Engineer
$135
- $145
Senior Civil Engineer
$190
- $210
Traffic Analyst Technician
$95
- $105
Associate Traffic Analyst
$140
- $150
Senior Traffic Analyst
$150
- $160
Professional Transportation Planner
$160
- $175
Traffic Engineer Technician
$90
- $100
Associate Traffic Engineer
$135
- $145
Traffic Engineer
$160
- $175
Senior Traffic Engineer
$175
- $195
Project Manager
$175
- $195
Senior Project Manager
$195
- $215
Deputy City Engineer
$160
- $180
City Engineer
$180
- $195
Principal Engineer
$195
- $215
BUILDING & SAFETY
Permit Technician
$70
- $80
Plan Check Technician/Analyst
$100
- $120
Building Inspector
$120
- $125
Senior Inspector
$125
- $135
Plans Examiner/Checker
$135
- $150
Plan Check Engineer
$150
- $160
Deputy Building Official
$150
- $160
Building Official
$160
- $170
CONSTRUCTION MANAGEMENT
Labor Compliance Analyst
$140
- $145
Funds Coordinator
$145
- $155
Office Engineer
$140
- $150
Construction Inspector
$135
- $145
Senior Construction Inspector
$145
- $155
Construction Manager
$155
- $175
Resident Engineer
$175
- $190
PUBLIC WORKS INSPECTION
Public Works Inspector
$135
- $145
Senior Public Works Inspector
$145
- $155
Supervising PW Inspector
$155
- $165
SURVEY AND MAPPING
Survey Analyst
$140
- $145
Senior Survey Analyst
$145
- $150
2 -Man Survey Crew
$330
- $340
Survey & Mapping Specialist
$175
- $185
Licensed Land Surveyor
$200
- $210
FUNDING & GRANT WRITING
Funds Analyst
$140
- $145
Senior Funds Analyst
$145
- $155
Grant Writer
$160
- $170
Funds & Grant Project Manager
$180
— $190
PLANNING
Community Development Technician
$75
- $85
Planning Technician
$85
- $95
Assistant Planner
$95
- $115
Associate Planner
$115
- $135
Senior Planner
$135
- $160
Planning Manager
$160
- $180
ADMINISTRATIVE STAFF
Administrative/Clerical
$65
— $75
Project Accountant
$75
— $85
The above fees are increased each year July 1st automatically by the percentage change Los Angeles -Long Beach -Anaheim California Consumer
Price Index -All Urban Consumers ("CPI -U') for the preceding twelve-month period as calculated for February by the U.S. Department of Labor
Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.
Proposal
Public Works Engineering Services
.
TRANSTECH
Fees for services related to capital projects management, construction management,
and federal /labor compliance may be based on the hourly rates in the table provided
and /or percentage of project cost and/or percent complete basis of project tasks, based
on each project's specific requirements and subject to approval by City. Fees will be
compliant 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.
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 (10%) of subconsultant fees.
{02135503;1 }
LA #4812-6556-4997 v2
DRAFT 8/3/22
B-1
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 Liability. Insurance Services Office form Commercial
General Liability coverage (Occurrence Form CG 0001).
X Automobile Liability. Service provider shall maintain automobile insurance at
least as broad 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 (if any), 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
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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. $2,000,000 per occurrence,
$4,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile Liability. No less than $2,000,000 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 Liability. $2,000,000 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 Liability and Automobile Liability 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.
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(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.
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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.
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