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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 {02135503;1 } LA #4812-6556-4997 v2 DRAFT 8/3/22 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. {02135503;1} LA #4812-6556-4997 v2 DRAFT 8/3/22 1 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. {02135503;I) LA #4812-6556-4997 v2 DRAFT 8/3/22 -2- (c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider's correct and undisputed invoice. (d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider 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. {02135503;1} LA #4812-6556-4997 v2 DRAFT 8/3/22 3 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 {02135503;1} LA #4812-6556-4997 v2 DRAFT 8/3/22 -4- 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. {02135503;1} LA #4812-6556.4997 v2 DRAFT 8/3/22 5 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 {02135503;1) - 6 - LA #4812-6556-4997 v2 DRAFT 8/3/22 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 {02135503;1} LA #4812-6556-4997 v2 DRAFT 8/3/22 -7- 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 {02135503;1) LA #4812-6556-4997 v2 DRAFT 8/3/22 -8- 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. {02135503;1} LA #4812-6556-4997 v2 DRAFT 8/3/22 9 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. {02135503;I) LA #4812-6556-4997 v2 DRAFT 8/3/22 - 10 - 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. {02135503;1} LA #4812-6556-4997 v2 DRAFT 8/3/22 -11- 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 DRAFT 8/3/22 - 12 - 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 //• • ir, :(l;i ..t t • !� •.' ESL:\ idtt?r_;i t:) • :11!ajU�i ti': :,r' $.•••.,:-.;,..i. .•tt�� i,,1.4 a 1 f : ; A r••Ciear-re:r .•;' i4 ;r •fi F 4.4.10t. f. r 390! 7.01140 ..7'1.Q...) :' {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 d or IN 1DB/1T Fn SOTY11 FS 10/6117 Fn '11/70111 r o?cww fro root' D.am.1r I laagara f T!m,rarr I 4Mr0 >at I 1De la+Sl faxz I torxv I ff+s-. Mr?' Nits Li1a0I un I tx/f2I 1x1!7 i rin+J_t:rls 1-01-1 v1a I ',al I V26 I xw I r u,e I. arts t w ! a1f foe Tone At9lram Icy DD anodite7 NIX rawen 5 Myst Fn G(2N17 TIE 10,06,17 1020 . 90 'shin no.lnwrm to ACO D Thu 2aaI300I1 Ito WOO17 1026 lime allowance fur ACO to maw pmts and mason fins pima to BD Daya1 n Or/f I Tao 11VO1/I? ACO amitosis lovlxd limns and roUntical specs in h Inn 1/1.1 IOr rono v Ione Abwalfae for DD ntpe5led TOW renew BD returns Mai mmmnen n m AGO 10 n Tyne 0100000 tor any bra canmonts plat 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) BID ADVERTISEMENT AND AWARD PHASE 1S Start AewrtmnnM to, Beds (MINIMUM 12 ADVERTISEMENT PERIOD) Y inwNG10011M6Me. ACI T1 Ml. 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Ion, ,e �Alw 1r N err 1. 114, YA UW n(4, 11 /w`.S9u1R11t-n,6 A1wv 4.10era. 4o4L 0rta1 MT0 Mn.aaxa eo100/1fl90P00/401lA1/lFlRea1TI M1►RIO@9S!®We1M4311A000t109P0f.aglEEAlieIfM3El10)101RMaI01ACSl021m1,E111E f qa woogvi cne 7 w.wn,: P.M, e.n0 I I. a.1, Mt 135,1 •,nor w, I •rte Isu •:a tl -•. `+ ,rx , I m cx i •N. u:.lae, I .n ;,.0 ,M I .� 2,1'17 se x.l 101` 1111re1,1OO oe.m, MOPS le ON.. .r.rn,mmO Ore I'0,r •1101' u-apova®0.iw>b,— Wks v.7A toto ranneenelnolan o, n ein.m,bwa-.e.baa. WIooTS,ATIM.p]rlMI'nOu Afa1 • 05Imi100,0 501FSSFl W ACO 0.00,0,, Sto,4. r.4AL•_ ma IwM +we ,.03Y a•I to 01001 am An fens LIM I 1e. Ym' 111 173'1 ,1.11 wM evranmao.nyKO 1M eM ,OAe I-0/ MI^nl toywe p. 'n -51.6110f1.un.msnLLgmaO EOIe03SYl9IJS •%1m.1bn.le. NA Tema > eS Mn„9N Mme to Fee ep av-:.+ Itote 17,11 amAte. C.eL .x CalnelEe Iis•lo siM rlaY . le ▪ , .,n if- see 110315 a02ns aM p.to1m aReOnY taeeAif N101 b o Im awa wear rcvmm vas 1wiwln9 70310 TT' 20010, I Ti. 011011 -Ti 170 f. 00Ma.wtoe Comm,. MOOS Do*. A3. 1me,eA'10a0to.lt0n1611l0A1aesSe04ae 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 SUB1070 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 420 420 02 -Mar -15 25 -Oct -10 O 0 02 -Mar -1 O 0 25-0t1-16 100 100 23 -Feb -15 14-J is 0 0 10 10 10 1D 10 10 10 10 10 10 10 10 10 10 ID 10 10 1D 80 60 BD 60 50 8O 23 23 02 Mie-i5 01-A0r-15 0 5 5 02 -Mar -15 D6 -Mar -15 5 504-Mur-15 10 -Mar -15 5 5 09 -Mar -15 13 -Mar -15 13 13 15 -Mar -15 01 -Apr -15 10 23 -Feb -15 10 23 -Feb -15 10 23 -Feb -15 ID 23 -Feb -15 10 23 -Feb -15 10 23 -Feb -15 10 23 -Feb -15 10 23 -Feb -15 10 23 -Feb -15 10 09 -Mar -1 S 10 05 -Met -15 10 09 -Mar -15 20 -Mar -15 10 09 -Mw -16 20 -Mar -15 10 09 -Mar -15 20 -Mar -15 10 09 -Mar -15 20 -Mar -15 10 09 -Mar -15 20 -Mar -15 10 Oa -Mar -15 20 -Mar -15 10 09 -Mar -16 20 -Mar -15 80 23 -Mar -15 14 -Jul -15 8D 23 -Mar -IS 14 -Jul -15 BD 23 -Mar -15 14 -Jul -15 8D 23 -Mar -15 14 -Jul -1S BD 23 -Mar -15 14 -Jul -15 BO 23-Mar.15 14 -Jul -15 013 -Mar -15 06 -Mar -15 06 -Mar -15 06 -Mar -1 S 06 -Mar -15 O 6 -Mar -15 06 -Mar -15 06 -Mar -15 O 6 -Mar -15 20 -Mar -15 20 -Mar -15 0 308 2 12 305 310 310 30 2C 82 2 2 12 306 31C 31C 35 20 82 2 2 12 300 310 310 MOBLI0ATION MOB1030 MOB 1000 MO81013 MOB102D 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 4 " 3- Classic Schedule Layout 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 .F tieadAPPr4ve Li Ct3M Dea3pna-.-..._ _._...._...._._-L._._.....-._.-i.-.__....._I .RgYmrdAppmve PCC MIx Designs 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 Fern sh Signal Odes & Mast Arms Furnish Controldr Cabinelli Flu i`j�i'}"Street L'yg1Tl ewe ` Eutnlahaeoaersllaa-.� .._�_._ ...._. F�lrnlah brand#el.Slya.PRl+px..-.__--J_- -i-- 18 B-18 B-70 B-74 R-75 3-31 Pra,'u1 �: 13-4 15, INDjANA STT59 711 �6Ju1-1 p AsB 1-IStFUTH-SI�y " C Task Wy,.on Stan no Prymxn ,'ll My 11.11 Mar ll 1 Cemmem•3,11544 h imW 2 etoM ibteeE0rarr It din 3. .. Lypu1 2155 a Pavx4rl,. 2 a S Iros Menan law h Ilan Orly 89 dm 7 Aellxt/Nue o,e. Say 1 cues.. Say 9 Lao 1 1 345 10 a21.e0,7am lay 11 Petra,at ]de/ I7 Cap 1 dw lay Zan sae 13 sae Mlnne41 N lerwr6sr,a1- /In I ]1 KC MR. ]8 Nrrar./11de IIV saran ld dal. l7 eyon laws IS then an I9 Tank trove lays A Wan 104,4at (tan 71 ACOIwv-711 taws II Cal Pen I Sirs U Cn[lseu lay 31 AC 6w. Me Idy a ACW •AIOHM 3dm 16 rue 54115 ten 31 Lrror SrMnl an 76 Scran n4al lam 71 I7:ar iota tale 30 T 1-641.11 il.741627 19 11415 le beta - OunW lava - has Wes 4Tn 31 WOO lean M Dens 1 6/0 39 laik Canal I Oar la laser Mawhyn an PS 3' Col none• AemoreraM, 28 /an 33 Paann scow 4den 37 11alaarraru Manna, lam Banat M [ern, treat lam 36 14/anary Ian 67 dl lag Past aam neat [warm Pawortea Oa wws541I mJ gad Marra tuamary n. 12.n1 meP/ula 114171/11 ra.W1 Thu 34/11 F/13/1/11 Thu Mt F, 3/9/11 555 lee 32/86 M 3AnI 155 Men 3/11/13r13.r23/1e $ Teu 3/12J161au 3(10/66651.1 0111 111, 3/75n1 /1..1114A1 71W can tma 3177/11 saatrnl. 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VFW 4710/12 775S.1 dry The 3501 10301 2X1.1dry wed V31/111 in 5413/16 24 ea 4/11/111 Ill 4124711 230.14135 1a Una II Wed V31a63690.1dy/ Wed 4/16/111 rn4/2/as 3rd.t dry TIN 4/11111 va/Il/1t 3133.1113 6d1/a/11 wed WAS In 015/13 ...CAM 2655 3.417115 411/31 31 7447011 1.15 Moe 375513dln 0714/27/11 W.a Will 53 Men Omen It 5/3711 3451•tda Thu 5/3/11 141e5/11/111 9555.2dar1 FH3/5/31 34113/111 1655.2 dry 114115/9/69 In5/11IM 17 T8a5r1a1d 1101 5/1411 3155.1 dry Tee 5/152111 7775/1416 39 ha$51 kin non • Erma Maslen !'+ea- - IeMMe/141 Mx 23.'11 11, I ':, .1351,'^., T W Tr 3 S,M TAY,/ 1 S 5 M 1 w i a 5 5 n t w 1 5 5 1 M r w 13515,']1 .03522,'13 4.11,11 4,I, 1 w' r 15/ 7 53T 5.1 1 01 1.11 , J .7) /maMt Mesa Munn lama • Mad 733 OueWer.m5 • arms oven• rw.v. 4,,...,.. r.., 1315.1 •a e Om 1..4,011 735.51111111 114 e.ral.nl713 ,4y ire 144.4 1.461 514c5 mho. Proposal Public Works Engineering Services TRANSTECII 6. Work Performance 6.8 MAP1 froviN a. Stew 4.00 N4a Ian .w. i.....r.1 r... fr.....sw..•,1.r eCI..4TPrtTaMI•Cararae rn♦r . cm.laa P0010WIM111MM'0T1 -r t r.r rwr.r.u4uwwl.r......1.0 t..... . .•1'v -re• a ..N./.CNI1411NEg1OSOCA NOPCN ,:MALES ANDBREAK WHILE THE SCH00 TA ON •'WNTER BREAK IIEI4IT TO 1:4111145F1 TA61t t ea... „ll Walr N.i sisss IM• we, 111.. 414.1 -Silfi 'a., ar,r, a.r..0 SAMPLE CONSTRUCTION SCHEDULE (MULTI NTP AND MULTI MOVE -IN 4N -NONOlwxwrrr. Wvw Oa30.10.0MantrurN4.,11.n ,.,.e0ai at. 000 N .rr 0....s M .m..sr TIm rNwtra.r.ra Aillr,ra...r. 11.F.r,t* ow. fir I:'Lin# T1IIWIRr* elfAlf(r'tNaer,C.1SDas 7.-AftlEa rasa u.. 171.,ud T:TL1 . rlraderNinMl.at..4..m.s.4.1.4.aadd. v f1el r..r.4.. •..wr • dMl...xar,.Iblw tnrd.1nn am II, mrs.Aom4. - ..,..0.41.w . r:, Y:As'MU 1r:: Man. w.4 ,.••••.. :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 i:COMFIET'OR DATES ESPECIALLY WITH DATES TOR'.' .. `,AHD .,0CLIYLRY 0 13100,0000000101011.5. of 07' rtE. I. for Wm 018.1 .r.. r 1.... r7. Nu4' • t . • , ALL FIELD CONSTRUCTOR NORA AT SCHOOL B=ALKS SNAIL ;111E COMPLETED SPEW THERE -DATES. IF CONTRACTOR PALLI 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 4 .4 M .. ::ALL 15 FIELD CONETRUCT70N WORN SHALL BE 1000.1E TE0 DLRITIN1 IT NRRINNTO DAYS OF STARTING FIELD CONSTAOC TON 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 :DELAYS CN 75.01E AA0100170.0 ER 0EL WENT 0[LA.0 '8[7010 05TPACTOR CONTROL IALTECT TO 01'01 .110100701 OF SUCH 3ELNS AS 4Ly7.FUIRF r 'tT 14'1. .IlteP.'P F 7. 4' 4.0.1./1.11.” Nr.O 1.10.Y •• w .4' M. 0 0N, w•. SAMPLE 3 -WEEK LOOK -AHEAD SCHEDULE 00o1y 1O FrtkhT 0rxlixan p 40011• 1714x0417 t. i .r.., . ,. 0.a• Slat f6aHh Pep /DAN.IS it NI011 we we:RIl ER awl tun WII Tie NED RM AY NI RN INN IIII WIC RD co MT 1110 ;'R 4D 4D 3111 1111 41 47 41 I VL 217 05 4! 41 V1 40 41.1 _ I I MI 46 0117 111.1 46 0Mgi1 dl 71100041!1 Duel N 1NN I 1 I NU I ...,... ..,_ -41 I I I I ,D I I 'If ms loll I 4 a I :Faarh.-,A _ M D 0 N EHbrlp'E1u.aMa H 0' D H u 1! POTlarrad.rl 0 D H o Ra1410 D 3 11 Two* If N .Iam1L6A�S 1 WO, - U0 15 1 0.1IRF00 u 0 knpse.v -0 V D I I 'Ital. lfdr _ _ raft luet(cat. I Su I 604 D u su a 'el FIa.d s.0 *0 04.4Erwsaa I SU 041 b1ANPH I 04 _ 071 ' . 411 ,5M 410 Pew M 1 u alCattion A4p _ Ill 0 e(14 SM 0 0 MaRmi SanI TotamaSs O 01 I .N4 Dan GRIM PREI Sumld loin 10 1 MFNEM romislon EE 1 MMl111 5M I 1 0 0 IamblSrel114Pl 14 0 SAMPLE HOUR BY HOUR SCHEDULE FOR NIGHT-TIME AND WEEKEND WORK rime Aellvily Quonlily Lam Iloa Herponrl0111r Friday. Apra 2S 7 00 PHI So LSD out thole Clow R.TM PM time Kamp, Blue A: Glum (irate Cloy, 0 10 PSI Bred; PCC Blue & GI oaf Csrade CION 4 30 PM I;uclaasirred F-Teacaimn 4111 CV llhlo& Green C,rak CIe0e Sararday,.AxM 29 I 0 AAI Cnl.lfaniou TOIIHI! Blue& Guru. Geu-:Wrame, < lO AM Tom, Sena, LCD Blue A Greco. FCC Crew 3.00 AOl DriLL•Bood Towels. To Ls% Blue A Greet, FCC OM G 0O AM Place RS•LCB 130 4 Blu< & Green PCC CrOw u 5111 ASS Complete LCD BIM & Green FCC Cleo 0.00 x1.01 For, 'PCP Place Bacler.Place Bo/id-Breaker 770 1) Oren. PCC Clew 1.00 PSI Place Parovsol 41 CA` Cnen, FCC Cool a-:rr0 PM Gr0,, Saw' (0.001 3:ra PM rumples, Pavoncua (,00,, FCC Cant 1:00 PM Slop TO11Yc1 17111.1 Eileen Cmde Crew Snlday Apra 3* Form IP)'PTlace A,skoi''Plncc ti 00 AM Dornl-Drealn 1701.1 51een FCC Crew SOO AM Place Paverueul 2:5 CV Illue PCC (-Sew I 1301 AM Greer Saw` Blue 1:710 PM Cenntlele I'ac<Is.nmr Illue PCC Cleo S:U0 PM Elemo,o Ckwmr' Deaver IIIar in (nee” Glade (Tow 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 {02135503;1} LA #4812-65564997 v2 DRAFT 8/3/22 C-1 coverage through a period of no less than three years after completion of the services required by this agreement. 1. Minimum Limits of Insurance. Service Provider shall maintain limits of insurance no less than: (1) Commercial General Liability. $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. {02135503;1} LA #4812-6556-4997 v2 DRAFT 8/3/22 C-2 (3) Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Service Provider maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency. (4) Coverage provided by the Service Provider shall be primary and any insurance or self-insurance or maintained by Agency shall not be required to contribute to it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency's own insurance or self-insurance shall be called upon to protect is as a named insured. (5) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers. 3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider. C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit "C". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. 1. Service Provider shall furnish certificates and endorsements from each subcontractor identical to those Service Provider provides. {02135503;1} LA #4812-65564997 v2 DRAFT 8/3/22 C-3 2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. 3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. {02135503;1} LA #4812-6556-4997 v2 DRAFT 8/3/22 C-4