HomeMy Public PortalAbout11) 7H Approval of Transtech Agreement------~-
AGENDA
ITEM 7.H.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: April 5 , 2016
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By : Michael D. Forbes, Community Development Di rec tor ~
SUBJECT: APPROVAL OF SECOND AMENDMENT TO AGREEMENT FOR
CONSULTANT SERVICES WITH TRANSTECH ENGINEERS, INC .
RECOMMENDATION:
The City Council is requested to:
1. Approve the Second Amendment to the Agreement for Consultant Services with
Transtech Engineers , Inc . (Transtech) for Building Code Administrat io n and Public
Works/Engineering Services (Attachment "A"); and
2 . Authorize the City Manager to sign and execute the Second Amendment.
BACKGROUND:
1 . On July 1, 2012, the City entered into an Agreement for Consultant Services with
Transtech to provide profess ional services related to build i ng code admin istration
and public works/engineering (Attachment "B"). The Agreement was effective for
a one year period ending June 30, 2013 .
2. On September 3, 2013 , the City entered into the First Amendment to the
Agreement (Attachment "C"). The First Amendment extended the term of the
Agreement for three additional years through June 30 , 2016.
ANALYSIS:
Per the terms of the Agreement and Fir st Amendment thereto , Transtech has been
providing building and public works/engineering services for Temple City since July 1,
2012 . These services include but are not limited to the following :
City Council
April 5 , 2016
Page 2 of 3
Build ing :
• Serve as C ity Building Offic ial ;
• Plan c hec k for building , plumbing , electrical , and mechanical permits ;
• Building code administration ;
• Buil di ng inspection for sp eci al projects and as needed ci tywide ; and
• Permit technician services as needed .
Public Works/Engineering :
• Serve as City Engineer;
• Plan c heck fo r publ ic improvements , subdivisions , and grad ing permits ;
• Inspections for public impro vements and any work in the pub l ic right-of-way ;
• Capital Improvement Projects management;
• Contract manageme nt;
• Grants and funding administration and management; and
• Traffic surveys and stud ie s .
Transtech staff work clo sely with City staff on a daily basis to provide bu i lding and
public works/engineering services to the community. Transtech staff bring building and
engineering ex perience and e xpe rtise that are ne cessary to provide these services , but
not possessed by City staff. Transtech has been responsive to the needs of City staff,
customers , and the community , and is meeting the terms and conditions of the current
c ontra ct. Rath e r than go thro ug h a Request fo r Proposals (RFP ) process at this t ime ,
staff be lieves that it would best serve the organization to provide stability in the
Community Deve lopme nt Departm e nt by continuing with Transtech for one add itional
year , or June 30 , 2017 . As allowed under Sect ion 1 of the orig ina l contract, the
contract can be e xtended by mutual agree me nt of the parties . Transtech 's scope of
services w ill remain unchanged .
CITY STRATEGIC GOALS:
Approving the Second Amendment will further the City Strategic Goals of Public Health
and Safety , Quality of Life , and Sustainable Infrastructure by allowing the C ity to
continue to provide building a nd public works/engineering services .
FISCAL IMPACT:
Transtech is compensated through a comb ination of percentage-based and hourly
rates . For building plan che ck services , Transtech is paid 55 percent of the total plan
check revenue collected by the City . The estimated plan check revenue for Fiscal Year
(FY) 2015-16 is $550 ,000 , of which Transtech would be paid $302 ,500 . Fo r other
building services such as Build ing Official counter hours and special inspections ,
City Council
April 5, 2016
Page 3 of 3
Transtech is paid an hourly rate that varies by position . Similarly for all public
works/engineering services , Transtech is paid an hourly rate based on position . All
hourly rates are specified in Exhibit "B" to th e Agreement and are updated annually
based on the Consumer Price Index.
The FY 2015-16 City Budget includes the necessary funds to provide services this year,
and appropriate funds will be requested in the proposed FY 2016-17 City Budget.
Many of the services that are billed hourly , especially those related to public
works/engineering , are reimbursable from project applicants and as such are not a cost
to the City . Since the rates are automatic ally adjusted annually under the existing
contract , approving the Second Amendment would not result in any fee increases or
changes in expenditures .
ATTACHMENTS:
A. Proposed Second Amendment to Agreement
B. Agreement for Consultant Services dated July 1, 2012
C . First Amendment to Agreement dated September 3, 2013
ATTACHMENT A
SECOND AMENDMENT TO
AGREEMENT FOR CONSULTANT SERVICES
For Building Code Administration and
Public Works/Engineering Services
b y a nd between
th e
CITY OF TEMPLE CITY
a nd
TRANSTECH ENGINEERS, INC.
A California corporation
Dated April 5, 2 016
SECO ND AMEND MENT TO A GRE EMENT FOR CONSU LT AN T SE RV ICES
T his Second A m e ndm en t to Agreem e n t fo r Consultant S ervices for B uil ding Code
Admini stra ti o n and Publ ic W o rks/En g in e e rin g S e rv ices ("Second Ame ndmen t"), w hi c h is d at ed
f o r refere nce as i nd icate d on th e cover page, is hereby e nte red into by and be twee n th e C ITY O F
T E MPLE C ITY, a C a lifo rni a c ha rte r city ("C it y"), and T RAN STECH EN G fNEE R S, fN C ., a
Califo rni a co rpo r at io n ('·Con sul tant"), a s fo ll ows :
RECITAL S
A. C ity and Co n sul tant e nte red in a n A g reem e n t for C ons ult ant Services for Buil d in g Code
Ad mini stra t io n and P ubli c Works/Eng ineerin g Serv ices on J u ly I , 20 12 ("Agreement").
The Agreem e nt provi des t ha t Co ns ul tant wi ll prov id e Bu i ld in g Cod e admini s trat io n
services a nd p ublic w o rks/e ng ine e rin g servi ces t o C ity.
B . City and Co n su lt an t en tered in a First A m e nd m e nt t o th e Agreem e nt o n Sep te mbe r 3,
20 13 . T h e Firs t A m e nd ment e xte nde d th e te rm of the Agreem e n t t o June 30, 2016 and
m odified th e hourl y ra tes Con s ultant c ha rges fo r the Serv ic es.
C . This Sec o nd Ame ndme nt furthe r ame nd s th e Agre eme nt to ex te nd the term fo r o ne
ad di ti o n a l y ear thro u g h Ju ne 30, 2 01 7, and to upda te the h ourly ra tes Con su ltant may
c harge fo r the Services.
OP ERATIVE PRO VI S IONS
OW, T H E REFO RE, in co n s id e ra ti o n of the p ro mi s es m ad e and rec ite d he re in , th e
pa rt ies d o hereby e nte r i nto th is S econd Amendme nt w hi c h m o difies a nd a m e nds the Agreem en t
as fo ll ows :
I . AME D MENT . The Agreement is he re b y m od i fied and ame nd ed as fo ll ows :
1.1 T E RM OF AGREEMENT. S ection I of the A greem ent ts h e re b y
am e nde d to read a s f oll ows:
"T h e term of thi s A g ree m e nt s h a ll be thro ug h June 3 0 , 2017, su bject to
ea r ly term ina ti o n a s provide d in S ection 2 0 "Term inati o n of Agre eme nt"
of thi s A g reement. T he term may be extended by mutua l agree m en t of the
p arti es m e m o ri a li zed in a writte n ame ndme nt to th is A greem e nt."
1.2 CO MPEN ATIO N. TRANS T ECH EN GI NEERS, INC. STAN DARD
HOURLY RAT ES. Se cti o n I o f Exhi b it "B " of the Ag reem e nt is he reb y
amended to re p lace t he ta bl e of ho u rl y ra tes w ith the fo ll owing:
-1-
TRANSTECH ENGIN EERS, INC . STANDARD HOURL Y RATES
Effective Jul y 1, 2015 through June 30, 2016
Adjusted iiS per los Anr:eles·Riverside·Orilnge County Consumer Pr ice
Index-A ll Urb;an Consumers ("CPI ·U")
Classification Hourl y Rate
Ranges
Se nior Eng i neer 151 166
Proj ect Manager 146 161
Project Eng i neer 135 151
St aff Eng i neer 1 20 135
CA DD De sign er 99 114
Planner 130 146
Transportation Analyst 120 135
Plan Ch ecker 88 104
Co nst ruction M anager 146 161
Ins pe ctor (PW) 88 99
In spector (Building) 68 78
Engi n eering Te chnician 62 73
Admi n is trative/Cl erica l 47 57
2 -Man Survey Crew 198
Funds Analyst 109 120
Bu ild i ng Off ici al 12 5
Ci ty En gineer 1 25
Insp ector (Building) 78
Perm i t Te chn icia n 57
Re imbursable d i rect ex p ense s are bi ll ed a t cost p l us 10 % for admin istratio n
f ee.
Credit on Bu i lding Official Services: Based on 24 hrs/week office presence of
Bu i l ding Official, 14 hrs/month from Bui ld i ng Official hours will be credit ed
t o t he City for ove r the co un ter plan check fee s paid to Tra ns t ech at 55 % of
the fee s coll ected by the Ci t y . I n case the offic e h ours are for Bu i lding
Offici al for over the co unter services i ncreased or decre ased, the cr edit
amount will be prorated accordingly.
Th e a bove fees will be adj ust ed each year July 1 st as p e r CPI ·U June 30th of
the p rev ious y ear
CPI-U Ju ne 2015 = 0.8
2. GENERAL PROVISIONS.
-2-
2.1 Remainder Unchanged. Except as specifically mo difi ed and amended in
t hi s Second Amendm e nt , th e Agreement remains in full fo rce and effect and binding upon the
parties.
2 .2 Integration . This Second Amendment consists of pages 1 through 4
in c lu s ive, which co nstitute the e n t ir e und er s tanding and agreement of the parties and supersedes
a ll n egotiations or previous agreements between the parti es with res pect to a ll or any part of th e
transacti on discussed in thi s Second Amendment.
2.3 Effective Date . This Second Amendment s hall not become effective until
the d ate it has been formally approved b y the City Council and execut e d by the appro pri ate
authorities of the City and Consultant.
2.4 Applicable Law. T he laws of th e State of California shall govern t he
interpretation and enforcem e nt of thi s Second Amendment.
2.5 References. A ll references to the Agreement include a ll their respective
terms and provision s. All defined terms utilized in th is Second Amendment have the same
meaning as provided in the Agreement , unless expressly s ta ted to the co ntrary in this Second
Amendment.
IN WITNESS WHEREOF, the parti es hereto have executed thi s Second Amendment to
th e Agreement on the date a nd year first written a bove.
-3 -
CITY:
THE CITY OF TEMPLE CITY
B y: ------------------------Bryan Cook, City Manager
ATTEST:
Peggy Kuo , City C lerk
APPROVED AS TO FORM
Eric S. Vail, City Attorney
NOTE:
CONSULTANT:
TRANSTECH ENGINEERS, INC.
B y: ______________________ __
N ame: --------------------
Title: --------------------
By: ------------------------
Name: --------------------
T itle : --------------------
CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED , AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS , ARTICLES OF INCORPORATION , OR
OTHER RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR 'S BUSINESS ENTITY.
-4-
ATTACHMENT 8
AGREEMENT FOR CONSULTANT SERVICES
I 1\ 114824·3482 ·9~ 4 v3
For Building Code Administration and
Public Works/Engineering Services
by and between
CITY OF TEMPLE CITY,
a municipal corporation
and
TRANSTECH ENGINEERS, INC.,
a Cali fornia corporation
Dated: July 1, 2012
AGREEMENT FOR CONSULTANT SERVICE S
BETWEEN
CITY OF TEMPLE CITY
AND
TRANSTECH ENGINEERS, INC.
This Agreeme nt f o r Consulta nt Ser vices ("Agreement") is en tered in to as of this 151 day
of J uly 2012, by and between the City of Temple City, a mun icipal cor pora ti on ("City") and
TR A STEC H Engi nee rs, Inc., a Ca lifo rn ia corpora tion ("Consultant"). City and Co nsultan t are
sometimes hereina fter indiv id ually re ferr ed to as "Party" and hereinafter collec t ively referred to
as the "Parties."
RECITALS
A. City has sought, by iss ua nce of a request for proposals, the pe rforma nce of the
engineering serv ices defined and desc ribed particularly in Section 2 of this Agreement.
B. Co nsu ltant, following submiss ion of a proposal for the per forma nce of th e
services defined and desc r ibed particu larl y in Sec ti on 2 of thi s Agreemen t, was se lected by the
Cit y to perform those se rvices.
C. Co ns ult ant was selected by th e City on th e b as is of Consu ltant's demonstrated
competence and the professiona l qua li ficat io ns nece ssary for th e satisfactory pe rfo rmance of the
services requi red.
D. Purs uant to the Ci ty of Te mple C it y's Municipa l Code, City has authority to enter
into thi s Agreeme nt and the City Ylanage r has aut hority to execute this Agree ment.
E. The Part ies desire to forma li ze the se lectio n of Con sultant fo r performance of
those serv ices defined and de sc ribed part icu larly in Sectio n 2 of this Ag reement, and desire that
the terms of that perfo rmance be as defined and described here in.
OPERATIVE PROVISIONS
NO W, THEREFO RE, in cons ide ration of the mu tu al promises and co ve nants made by
th e Parties an d co ntain ed herein, and oth er co nsideration, the va lue and adeq uacy of whic h are
hereby ac knowledged , th e parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
The term of th is Agreement sha ll be fo r one (1) year commencing Jul y 1, 20 12, s ubject to
ea rly terminat ion as provided in Sect ion 20 "Termi nation of Agreement " of this Agreement. The
term ma y be extende d by mutual agreement of the part ies memorialized in a written amendment
to this Agree me nt.
-I -
LA #4 824 -3482 -9584 v3
SECTI ON 2. SCOPE OF SERVI CES.
Consultan t ag re es to perform the se rvices set fort h in Exhibit "A" "Scope of Services and
Method of Compensat ion" which is incorporated here in by thi s reference, in accordance with th e
terms and conditions of thi s Agreeme nt.
SECTION3. ADDITIONAL SERVICES.
Consultant sh all not be compensated for any serv ic es rendered in co nnection with its
performa nce of this Agreement whic h are in addition to or outside of those set forth in this
Agreement or listed in Exhibit "A," unless such additiona l services are authorized in advan ce
and in writing by the City Council or C ity Manager of Ci ty. Con ultant shall be compensated for
any such additional services in the amounts and in the manner agreed to by the City Council or
City Manager .
SECTION 4. COMPENSAT I ON AN D METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement , City agrees to pay
Consultant the amounts specified in Exhibit '·B" ··compensati on." in accordance with Exhibit
"A" '·Scope Of Serv ices And Method Of Campen at ion," both made a part of thi s Agreement.
(b) Each month Consultan t shall furni sh to City an or iginal invoi ce for all work
performed and ex penses incurred duri ng the preceding month. Th e invoice shall de tail charges
by the foll ow ing categories: labor (by s ub -catego ry), travel, materi als, equipment , s upplies, and
sub-consulta nt contracts . Sub-consulta nt charges s hall be detai led by the following catego ries:
labor , tr avel, materials, equipmen t and suppli es. Tf the compensation set forth in subsection (a)
and Exhibit "B" include payment oflabor on an hourly bas is (as opposed to labor and materials
be in g paid as a lump sum), the labor category in eac h invoice s hall include de tailed
de sc riptions of the tas k performed and the a moun t of ti me incurred for o r allocated to that task.
C ity hall independently review each invoice subm itted by the Cons ultan t to determine
whether the work performed and expenses in cur red are in compliance with th e pro vis ions of
thi s Ag reement. In the event tha t no charges or expenses are disputed, th e invoice shall be
approved and pa id according to the term s set forth in sub sectio n (c). ln the event any charges
or expen es are disputed by City, th e origina l invoice s hall be returned by City to Consu ltan t
for correc tion and re subm iss ion.
(c) Excep t as to any charges for work performed or expenses in cur red by Consultant
which are disputed by City , City wi ll use it s best efforts to cause Consul tant to be paid within
forty-five (45) days of re ceipt of Consul tant's correct and undisputed invoice.
(d) Payme nt to Con sultant for work performed pursua nt to this Agreemen t shall not
be deemed to waive any defect s in wo rk performed by Co nsu ltant.
SECTION 5. I NSPECTION AND FINAL ACCEPTANCE.
City may inspec t or accept or reject any of Consultant's work under this Agreement,
ei th er during performance as provided herei n. City shall reject or accept Consultant's work
described in each invoic e within forty-five (45) calenda r days of receipt of Contractor's invoice
for such work. City shall reject work by a timely wriuen explanation, otherw ise Consultant 's
-2-
LA #4824-34 82-9584 v3
wo rk shall be deemed to have been accep ted. City 's accep tance shall be conclusive as to such
wo rk excep t wit h res pect to laten t defec ts, fraud and s uch gross mistakes as amou nt to fra ud.
Acce ptance of any of Consul tant's wo rk by City shall not co nstitute a wa iver of any of the
prov isions of th is Agreemen t inclu di ng , but not li mited to, secti ons 16 and 17, pert ainin g to
ind e mnifica ti on an d in sur ance, respec ti ve ly .
SECTION 6. OW!\TE RSHIP OF DOCUMENTS.
(a) All or igina l maps, mode ls, designs, draw ings, photographs, studies, surveys,
report s, data, no tes, co mputer files, files and other doc uments prepared , deve loped or discovered
by Consu ltant in the co urse of providing any se rv ices pu rsuan t to this Agreement shall become
the so le property of City and may be used, reused or otherwise dispo sed of by City wit ho ut the
permission of the Co ns ul tan t. Upon co mplet io n, expi rat io n or termina ti on of this Agreeme nt ,
Co ns ultan t sha ll tum ove r to Ci ty all s uch orig in al maps, mode ls, des igns, draw in gs,
pho tographs, sntdies, sur veys , reports. da ta, notes, compute r f il es, file s and oth er doc umen ts.
(b) If an d to the extent that Ci ty uti lizes for any purp ose not related to this Agree ment
any maps , mod els, desig ns, drawings , photographs, studies , surveys , reports, da ta (w hether raw
or processed), notes , computer file s, fi les or othe r documents prepa red, deve loped or discovered
by Con sul tant in the cours e of providing any services pursuant to thi s Agreement , Consul tan t's
guarantees and wa rrants related to S tand ard of Perfo rma nce and fo un d in Section 9 of thi s
Ag ree ment s hall not ext end to such use of the maps , models , des igns, dra wings, pho tog rap hs,
studi es, sur vey s, report s , da ta, no tes . co mputer files, fi les or oth er docu ments .
(c) Co mputer software, whet her purc hased, deve loped or licensed tha t is prov ided by
Co nsul tant for use wi thin Cit y facilities shall be provided at th e sole discretion of Co nsultant, but
wit h the approval of City . In th e event of termin ation of this co ntr act, City sha ll have the righ t to
pur chase software deve loped by Co ns ulta nt at fai r market pr ice to be deter mi ned at the time of
co ntract terminat io n. Ci ty shall have the right to purchase no nproprietary or separately licen sed
so ftware from Consu lta nt s ubject to the con ditions imposed by the original software deve loper
upo n Con s ultant. All data entered or generated by any soft ware provided by Cons ult ant shall
rema in the prope rty of th e City.
SE CTION7. CONSULTANT'S BOOKS AND RECORDS.
(a) Cons ul tant shall maintain any and all docume nts and records demonstrating or
rela t ing to Consultant's performance of services pursua nt to this Ag reement. Con su lta nt shall
main tain any and all ledgers , books of acco unt, inv oic es , vou chers, canceled checks, or other
documents or reco rd s evid enc ing or relating to wo rk, services, expen d itu res an d di sbursement s
charged to City purs uant to thi s Agreemen t. An y and all such documents or records shall be
mai nt ained in acco rdance with generall y accep ted acco unt ing pr inci ples and sha ll be
suffic ie ntl y comp lete and deta il ed so as to pe1m it an acc ura te eva luati on of the services
provided by Consu ltan t pur suant to thi s Agreement. Any and all s uc h documen ts or records
shall be mai n tained fo r three years afte r f ina l payme nts are issued and other pending ma tt ers
are closed and to the extent requ ired by laws relating to audits of pub lic age ncies and the ir
expenditures.
-3-
I.A #-1824-3482-95 84 v3
,-------------~-----~-
(b ) Any and all records or do cumen ts required to be maintained pursuant to this
sec tion s hall be made available fo r inspectio n, audit an d copying, at any t ime during regular
business hours, upon request by Ci ty or its designated represen tative. Cop ies of such
documents or reco rds shall be prov ided d irect ly to the City fo r in spect ion, audi t and co pyi ng
when it is pract ical to do so; otherw ise, unless an altern ative is m utually agree d up on, suc h
documents and reco rds sh all be made ava ilable at Con sultant's address indicated for receipt of
notices in this Agreement.
(c) Where City ha reason to believe that any of the documents or records required to
be maintained pursuant to this sectio n may be lost or discarded due to dissolution or
terminat ion of Consu ltant 's business, Ci ty may, by writlen request, requi re that custody of such
document s or records be given to the City a nd th at such doc u ments and records be mainta ined
by the requesting pa rt y. Acces s to such documents and records shall be granted to City, as we ll
as to its succ esso rs-in-interest and auth orized representatives.
SECTION 8 . STAT US OF CONSU LTANT.
(a) Consultant is and shall at all tim es remain a who ll y independent contractor and
not an officer, employee or agent of City. Cons ultant shall have no authority to bind City in
any manner, nor to in cur any obligatio n , debt or li ab ility of any kind on be half of or aga in st
City, whether by co nt ract or otherwise, unless s uch authority is expressly conferred under this
Ag reement or is ot herwise expressly co nferred in wlitin g by City.
(b) The perso nnel performing the serv ices under this Agreement on behalf of
Con sultant sh all be un de r Consul tant's exclusive direction and control at all times . Ne ither
City, no r any elec ted or appointed boards, officers, offi c ials, employees or agent s of City , shall
have control over the conduct of Consultant or any of Con sulta nt 's officers, employees, or
agents except as set forth in this Agr ee ment. Con su ltant shall not at any time or in any manner
repr esent that Con sultant or any of Consu ltant's officers, employees, or agent s are in any
manne r officials, off icer s, employees or agents of City.
(c) Neither Con s ultant, nor any of Consu l tant's office rs, em ployees or agents, sha ll
obt a in any rig hts to ret irement, hea lth ca re or any other be nefits which may other wise accrue to
Ci ty's emp loyees. Co ns ultant express ly waives any claim Consu ltant may have to any suc h
rights .
SECTION9. ST ANDA RD OF PE RFORMA NCE.
(a) Consul tant re pre sents and warrants th at it has the qualifica tions, experience an d
faciliti es necessary to properly perform th e se rvices req uired under thi s Agreement in a th orough,
competent and professional mann er. Co nsult ant s hall at all times fait hfu lly, co mpetently and to
the best of it s abil ity, ex perie nce and tale nt, perfo r m al l se rvices desc ribe d here in. In meeting its
obli gations under this Agreement , Cons ul tant shall employ, at a m inimum , generally acce pted
standards and prac ti ces util ized by pe rso ns engaged in providi ng serv ices similar to those
required of Consu ltant und er this Agreement. In add iti on to the general standards of
performance se t forth in this Se ct ion 9, additional specific standards of performance and
perform ance crite ria are set forth in rbe Scope of Work th at shall also be applicab le to
Consultant's work under thi s Agreement Where Lhere is a conflict between a general an d a
-4 -
LA #-1824-3482-9584 v3
specific standard of pe rformance or pe rformance criteria, the specific standard or criteria shal l
prevail over the ge neral.
(b) If and to the extent tha t Cit y ut ili zes for any purp ose not rela ted to this Agreement
any maps, models, des igns, draw in gs, photog raphs, swdi es, surveys, repon s, data, no tes,
comp ut er file , files o r other docume nt s prepa red, develope d or d iscovered by Cons ul ta nt in the
co urse of prov iding any services pursua nt to rhi Agree ment, Consul tant's guarantees and
wa rr anties related to S tandard of Perfor mance shall not extend to such use of the ma ps, mode ls,
desig ns, drawings, ph otographs, studies , surveys, reports, data, notes, co mputer files, files or
other documents.
ECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
(a ) Cons ult an t shall keep itsel f informed of an d comply with all applicable federa l,
state and local laws, statutes , codes, ordinances, regulations and rules in effect during the term of
thi Agreement. Consultant shall obtain any and all licenses, permi ts and authorizations
nece sary 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
equ ity . as a resul t of any failure of Consul tant to comply wit h thi s sec tion.
(b) City is a participan t in th e Co mmu nity Develo pmen t Block Gr ant (CDBG ),
funded by th e United Sta tes Depart ment of Hous in g and Urb an Develo pm ent (HUD). T o th e
ex tent Consu ltant per forms wor k th at wi ll be pa id fo r in wh ole o r in part with CDBG funds,
Co ns ultant agrees to f o ll ow all CDB G reg ul atio ns in the perfo rm ance of such work.
(c) City is also a participant in other federally funded projects. To the extent
Consultant performs work that will be pa id for in whole or in part with federal funds. Consultant
agree to fo ll o w all appl icable regulations in the performance of such work.
SE CTIO N 11. PRE VAILING WAGE LAWS
It is the un de rstanding of City and Consulta nt that Cali forn ia preva il ing wage laws may
app ly to this Ag reement because the Agreeme nt may inv olve any of the fo ll owing services
subjec t to prevailing wage rates pur suant to the Ca li fornia Labor Code or regula t ions
promulgated thereun der: Cons tructio n, alte ration , demo li tion, ins tallation, or repai r wo rk
performed on pu bl ic bui ldings, faci lities, streets or sewers do ne unde r contract and paid for in
whole or in pa rt out of pub lic funds . In this context, '·cons truction" inc ludes wo rk pe rformed
during the desig n and preconstruction phases of construc ti on includi ng, but not li mited to,
insp ection and land surveyi ng work.
SECTION 12. NONDISCRIMINATION.
Consultant s hall not discriminate , in any way, against any perso n on the basis of race,
co lor, religious creed, national origin , ancestry, sex, age, phys ical handicap, medical condition or
mar ital status in con nection with or related to the performance of this Agreement. Consulta nt
will take affirmative action to ensure thar applicants are e mployed, and that employees are
trea ted during emp loyment, with out regard to their race , re li g]on, sex. color, or nationa l orig in.
Such action shall inc lude, but are not limited to, the following: employmen t upgrad ing, demotion
-5 -
l.A #4824·3482-9 584 v3
or tran sfer; rec ruitment or recrui tm en t adverti sin g; layo ff or te rminati o n ; r ates of pay or oth er
forms of compe nsa tion; and se lection f o r training , incl uding appre nticesh ip . Th e consul tant
ag rees to po st in con spicu ous places, available to e mpl oyees and appl ica nt s fo r emp loyment,
notices to be prov id ed by the consultan t settin g fo rth the provi sion s of th is non disc rimi nat ion
clau se. Con ull an t will comply with all law prohibiting discrimination, includ ing, bm not
limit ed to Ti tle VI of the Civil Ri ghts Act of 1964, Se ction 109 of th e Housing and Co mmunity
Development Act of I 974, th e Age Di sc riminat ion Act of 19 75, and Sec tion 504 of the
Re habi lit ation Act of 197 3.
SECTION 13. UNAUTHORIZED ALIEN
Con sultant hereby promises and agrees to comply with all of the prov ision s of the Federa l
Im migrati on a nd Nat ional ity Ac t, 8 U.S.C.A. §§ 1 101 , et gg., as ame nded , and in connecti on
th erewit h, s hall not employ un authorized aliens as defined therein . Sh ould Consu ltan t so employ
such unauth ori zed alie ns fo r th e p erform ance of wo rk an d/or se rvices covered by this
Agreemen t, and shou ld the any li abili ty or sanction s be imp osed again st City for suc h use of
un auth orized al iens, Consul tant hereby agrees to and shall reimburse C iry for the co st of a ll such
liab il iti es o r sanc tions impo sed, together with any and all costs, incl uding attorneys' fees,
incurred by Cit y.
SECTION 14. CONFLICTS OF INTEREST.
(a) Co nsul ta nl cove nant s that ne ith er it , nor any offic er or princ i pal of it s firm , has or
shall acq ui re any interes t, directly or in directly, which would co nfl ict in any mann er wi th the
int erests of City or which woul d in any way hinder Consultant 's performan ce of se rvic es under
thi s Agreement. Co nsult an t further covena nt th at in the performance of this Agreement, no
person having any such interest sha ll be employed by it as an officer, empl oyee, agent or
subcontractor without the exp ress wri tten co n en t of the City Mana ge r. Cons ulta nt agrees to at
all times avoid co nflict s of interes t or th e appearan ce of any conflic ts of inte rest with the
int eres ts of City in the performance of thi s Agreem ent. Consult an t ag rees th at any co nfl ict or
potential con ni ct o f int erest sha ll be fu ll y di scl osed prior to execU[io n o f th is Agreement and
Con su ltant sha ll co mpl y with all applicab le federal, state and co unty Jaw s and regul ati ons
governing confl ic ts of interest.
(b) City und erstands and acknow ledges th at Consultant is, as of the dat e of execution
or th is Agreemen t, indep end ent ly involved in th e perfo rmance of non-related ser vices for ot her
gove rnmental agenci es and priva te parti es. Co ns ult ant is un aw are o f any stated pos iti on of
City relative to such projects. Any futu re posit io n of City on such projects shall no t be
considered a co nfli ct of interest fo r purp oses of th is ec ti on.
(c) City un ders tands and acknowl edges that Con sultant will perform non-re lated
se rvice s for othe r govern menta l age ncies and private par ti es following th e com ple tion of the
sco pe of work under this Agree men t. An y such fu tu re ser vice shall not be co nsidered a
confl ic t of interest for pu rposes of thi s sec tion.
(d) Consu ltan t may not co ndu ct any ac t ivi ty, in clu ding any payment to any person,
officer, or emplo yee of any agency or member of Congress in connec ti o n with th e awarding of
any federal contract, grant , or loan, intended to influence leg islat ion , ad mini stra tive rule-
-6-
LA #4824 -3482·9584 v3
making or the election of cand idat es for public office during the term of thi s Agreement under
rep rese ntat ion that such ac ti vi ty is being performed as a part of the Consult ant 's
respon s ibilities under thi s Agreement.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All in for mation gained or wo rk produ ct prod uced by Consu ltant in performance
of this Agreement shall be co nsi dered confidential , unl ess such informa tion is in the public
doma in or already kn ow n to Cons ultant. Cons ultant shal l not release or disclose any s uch
informat ion or work produc t to person s or entities o ther than City without pr ior written
authoriz ati on from the City Manager, excep t as may be requ ired by law.
(b) Consu lt ant, it s o fficers, e mp loyees, agen ts or sub contracto rs, shall not, without
pri or wr itten authoriza ti on fro m the City Man ager or un less reque sted by th e City Attorney of
City, vol untaril y provid e de cla rati on s, !.etters of supp ort , test im ony at dep osi ti ons, response to
interroga tori es or oth er infor mati on co ncern ing the work perfo rm e d under this Agreement.
Response to a sub poena or co urt order shall no t be cons id ered "vo lunta ry" prov ided Consultant
gives City not ice of such cou rt order or subp oe na.
(c) If Co nsult ant , or any offi cer, employee, age nt or su bcontractor of Cons ultant,
pr ovides any informati on or work pro du ct in viola tio n of thi s Agreement, the n City shall have
the right to reimburse ment and inde mnity fr om Consu lta nt for any dam ages, co sts and fee s,
in cludin g attorneys fee s, ca used by or inc urred as a res ult of Con sultant 's condu ct.
(d) Con sultant sha ll promptly not ify Cit y shou ld Cons ult ant, its officers, employee s,
agen ts or sub co ntractor s be se rv ed with any su mmon s, complain t, subpoe na, not ice of
de position , req ues t for documents, in te rrogatories, reques t for admissions or other di sco very
request, court order or subpoena f rom any party rega rding thi s Agreement and the work
performed th e reunde r. Ci ty ret ain s the ri ght, but ha s no obligation. to re present Consult ant or
be present at any depositi on, hea rin g or simil ar pr oceed ing. Consult ant ag ree s to coo perate
fully with Cit y and to prov ide City wit h the opp ortunity to review any re sp on se to d iscovery
req ue sts provi ded by Co n ult ant. Ho wever , thi s righ t ro rev ie w any such re sponse does not
im ply o r mean th e ri ght by Ci ty to con trol, direct , or rewr ite sai d re sponse.
SECTION 16. INDEMNIFICATION.
(a) Indemnific at ion for Desig n Activ itie s As prov ided under Civil Code Sec tion
27 82.8, Cons ultant shall indemn ify , protec t, defend and hold harmless City and any and all of
its officials, employees and agents ("In de mni fied Parties") fro m and agai nst any an d all cla ims .
actio ns an d procee dings (whether at law or eq uity, admini strativ e or judicial), demands, ord ers,
j ud gments, loss es , liabilitie s, damages, costs and ex penses, includin g attorney 's fees and costs,
(collect ive ly "Claim s'') to the extent sam e arise out of, pertain to , or rela te to the negl igence,
rec klessness, or wi ll fu l mi sco ndu ct of the Consult ant, its officers , agent s, e mpl oyees or sub -
consu lt an ts (o r any entity or in di vid ua l that Con sultant sha ll bear th e lega l liability th ereof) in
th e performance of professional se rvi ces un der thi s Agreement , with the under stand in g that in
th e event Cl aims ar e foun d by the trier of fact to have be en ca used by th e joi nt or concurre nt
neg ligence of the City and its contractors and cons ultants, and Consultant, damages and
-7 -
LA 114 824-341!2-9584 v )
expe n es from both inde mnity and dut y lO defend obligatio ns shall be borne by each party in
pr oportion to it s negligence .
(b) Indem nifi cation for General Services . Wh e re Lh e law es tabli shes a professio nal
stand ard of care for Cons ult an t's Servi ces oth er tha n design serv ices set fo rth in Civil Code
Section 2782.2. Consultant shall, to the fulle st ex tent permitted by law, ind emnify, protect,
defend an d hold harmless the Indem nified Parties fro m and aga in st any and all losses,
li abi lities, damages, cos ts and ex penses, in cluding reason able atto rn ey 's fees and cos ts to the
extent same are ca u sed in whole or in part by any negligent or wrong f ul act , error or omission
of Consulta nt , its officers, agents, emp loyees or sub-co ns ultant s (or any en ti ty o r ind ivid ual
th at Con s ultant shall bear the lega l liabilit y th ereof) in the perfo rm ance of profe ssional serv ices
und e r this Agreement.
(c) Indemnific ati o n for Oth e r than Professio nal Liabili ty. Other than in the
performance of profess iona l serv ices and to the full extent perm itted by law, Consultant shaJJ
ind emnify, prorect. defend and hold har ml ess City, and any and all of its em pl oyees, offic ials
and agents from and again st any liabilit y (including li abil ity for c laim s, s uit s, actions ,
arbitration proceedings, adminis trati ve proceedings, regulator y proceedings, losses, expenses
or costs of any k ind , whether ac tual , alle ged or threatened, including reasonable attorneys fees
and costs, coun costs, interest, defe nse cos ts, an d expe rt witnes s fees), where the same arise
o ut of, are a conseq uence of, or are in any way attri buta ble to, in who le o r in part, th e
performance of this Agree ment by Cons ult ant o r by any individual or enti ty fo r which
Co nsul ta nt is lega lly li ab le, inc ludin g but not limi ted to office rs, age nt s, e mployees or sub-
co ntr acwrs of Consult ant.
(d) In demnification from Sub-Consult ants. Co n ultant agrees to obtain exec uted
in demnity agreement s with provi sio ns identical to th ose se t forth here in this sect ion fro m each
and every sub-con sultant I sub-co ntra ctor or any o th er pe rson or entity inv o lved by, for, with or
on behalf of Consu lta nt in the performance of this Agreement na min g the Indemnified Parti es
as additional indemnitees. In the event Con ultant fails to obtain such indem nity obligations
from others as required here, Con s ultant agrees to be fu ll y respon sible accord in g to the terms
o f th is secti on. Failure of Ci ty to monitor com pli ance with th ese req uirem ents imposes no
additi ona l o bli ga tion s on Ci ty an d will in no way act as a wai ve r of any ri ghts hereund er. Thi s
obligation to indemn ify and defe nd City as set forth herein is binding on the successo rs,
assigns or heir s o f Consult ant and shall s ur vive the termination of th is Agreement o r this
secti on .
(e) City's Sole eg ligence. Th e prov1s10n s of this Sec tio n 16 do not ap ply to
claims occurring as a re ult of City's sole neg li gence. Th e provisions of thi s sectio n sha11 not
release City from li ab ility arising from gross negligence or willful ac ts o r om issions of Ci ty or
any and all of its offic ials, emp loyees and agents .
(f) Indemnification of City Official s. Notwithstanding the foregoing, Consultant
and certain employees of Con su ltant will be acting as City officials during the performance of
thi Agreement. Consul tant and any employee of Consultant ac ting as a Ci ty official may
reque t th ar the City defend an d indem nify Con ultant an d said employee agai nst any clai m or
actio n agains t him or her for an in jury ari ing out of an act or om issio n occu rri ng within th e
- 8 -
LA #4824-3482-9584 v3
scope of his or her duties under this Agre ement pursuant to, and subject to th e limitations
provided in , Government Code Section 825 er seq.
SECTIO N 17 . INSUR ANCE .
Consu ltant agrees to obtain and maintain in fu ll fo rce and effect during the term of thi s
Agreement the in suran ce polkies set forth in Exhibit "C" '·Insurance," whic h is inc orpora ted
herein by thi s reference. All insurance polici es shall be su bject w approval by Cit y as to form
and content. T hese requ irements are su bj ect to amendmen t or waiver if so appr ov ed in writing
by the City Manager. Con sultant ag ree s to provide City with cop ie s of required policies up on
req uest.
SECT IO N 18. ASS IGNMENT .
The expertise and experience of Con s ul tant are material cons ider ations for thi s
Agreement. City has an interest in the qualification s of and ca pabili ty of the person s and ent iti es
who will fulfill th e dut ies and obligat ions imposed upon Con sulta nt under thi s Agreement. In
recog nit ion of tha t intere st, Consu ltan t sha ll not ass ign or transfer thi s Agreemen t or any portio n
of this Agreement or the performance of any of Con sul tant's duties or obligations und er thi s
Agreement with o ut the pri or written con sen t of the City Council. Any attemp ted assignment
sha ll be ineffect iv e, null and vo id , and shall c ons titute a material breach of thi s Agreement
entitli ng City to any and all re medies at law or in equity, including summary te rmin ation of this
Agreement. City acknowledges, however, that Consultan t, in the performance of it s d ut ies
pursuant to this Agreement , may utili ze subcontractors.
SECT IO N 19 . CONTThTUIT Y OF PERSO NNE L.
Consultant shall make eve ry reason able effor t to maintain th e stability and continu ity of
Consultant's staff an d subcontractors , i f any , ass igned to perform th e services required under this
Agreem ent. Consultant shall no tify City of any changes in Consultant 's staff and subcontrac tors,
if any , assigned to perform the serv ices required und er this Agreemen t, prio r to and duri ng any
suc h performance.
SECT ION20. TERMI NA TIO N OF AG REEMEN T.
(a) City may termina te thi s Agreement, with o r without ca use, at any time by giving
thirty (30) day s written notice of te rmina ti on to Consultan t. In the event such not ic e is given,
Consultant shall cease immedi ately all work in progress .
(b) Consu lt ant may terminate this Agreement fo r cause at any time upon th irty (3 0)
day s written notice of terminat ion to City .
(c) lf either Consu lta nt or City fail to perfo rm any material obligation under thi s
Agreement , then, in additi on to any ot her rem edies, ei the r Cons ultant, or City may terminate
this Agr eement immed iately upon writte n noti ce.
(d) Upon termination of this Agreemen t by either Con su ltant or City, all prop erty
belonging exclusive ly to City whic h is in Con sultant 's pos sess ion shall be returned to City.
Con sult ant shall fu rni sh to Ci ty a final invoice fo r work petformed and expens es incurred by
-9 -
LA #4824-3~82 ·9584 v3
Cons ultant, pr epared a s set forth in Section 4 of thi s Agreem e nt. Till s fin al invoice sh all be
reviewed and paid in the sam e manner as set fort h in S ection 4 of thi s A g reem ent.
SECTION 21. DEFAULT.
Tn the event that Consultant is in default under t he terms of thi s Agreement, the C ity shall
no t have a n y obli g ation or duty to continue compensatin g C o nsultan t for any work performed
after th e date of default. In stead , the City may g i ve notice to Consul tan t of th e defau lt and th e
reasons for t he default. The notice s ha ll include th e ti meframe in wh ic h Cons ultan t may cure th e
defau lt. This timefr am e is presum pti vely thirt y (30) days, but m ay be extend ed, thou gh not
re du ced , if circum stances warrant. During th e peri od of t ime th at C o n s ultant i s in default, the
City sh all hold all invoices and shall , w hen th e default i s cured, proceed with payme nt o n the
inv oi ces . Tn t he al te rn ati ve, the C ity may, in it s sole discreti o n , elect to pay som e o r all o f the
outstanding in vo ices dur in g the pe rio d of d efaul t. 1f Consultant does not cure the default, the
C ity m ay t ake necessary steps to term inate th is Agreement under Section 20. An y failu re o n the
part of the Ci ty to g i ve notice of the C o n sul tant's defau lt shall n ot be deemed to resu lt in a
wa iver of the Ci ty's l egal ri g ht s or a ny ri g hts aris ing o ut o f any pr ovisi on of thi s Agreement.
SECTION22. EXCUSABLE DELAYS.
Consultant shall no t be l iable fo r d amages, inclu ding li q uidated damages, if an y, caused
by de lay in performan ce or failure to perfo rm due to causes beyond the control o f C onsul tant.
Such c auses in clude, but are not l imite d to, acts of Go d , acts of th e public e nemy , acts of federal ,
state o r local governme nt s, acts of C ity, court orders, fires, fl oods, epid emics, strik es, embargoes,
and unusually severe w eathe r. The term and pri ce o f t hi s Agreement shall be equ itab ly adj usted
fo r any delays du e to su c h causes.
SECTION 23. COOPERATION BY CITY.
Al l pub li c informa tion, da ta, re ports, records, and maps as a re ex isting and avai lab le to
City as p ubl ic record s, and whi ch are necessary for carryin g o ut the work as o utli ned in t he
Exh.ibit "A " "Scope of Services," sh all be furni s hed to Cons ultant in ever y reasonable way to
facili tate, without undue d elay, the wo rk tO be p erformed und e r thi s A greement.
SECTION24. NOTICES.
All notices required or permitted to be given un de r thi s Agreement shall be in writ in g and
s hall be personall y d e li vered, or sent by tel ecopier or cer tified mail , postage pre paid an d re turn
rece ipt requested, add ressed as fo llows:
T o City:
To Cons u lt ant:
LA 114S24-3482 -Y584 v3
C ity of T emple C ity
Attn: C ity Manager
9 701 Las Tunas Dr.
Temp le C ity , CA 91780
TRA NST ECH Engin eers , Inc.
Attn: C raig M elicher, PE , CBO
624 Brea Canyon Ro ad
Walnut, CA 91789
-10 -
-------------------------------------------------------------------
Notice sha ll be deemed effec tive on the date pe rsonally delivered o r tr ansmitted by
facsim ile or , if maile d, th ree (3) days after depos it of the same in the custody of the Unit ed States
Pos tal Se r vice.
SECTION 25 . A UT HORITY TO EXECUTE.
T he person or persons exec uting this Agreement on behalf of Co nsul tant represents and
warrants th at he/s he/th ey has/have the auth o rit y to so exec ute this Ag reement and to bin d
Co nsulta nt to th e perform ance of its obl iga ti ons he reunder.
SECTIO N 26. A DMIN ISTRAT ION AND IMPL EMENTATION .
T his Agree ment shall be ad min is tered and execute d by th e City M anager or his or her
des ignated rep rese nt ative, foll ow ing a ppro va l of thi s Ag ree ment by the City Coun cil. T he Cit y
Manager s ha ll have the authority to issue inre rpretations an d to make mi nor ame ndments to this
Agreement on behalf of t he City so long as such acti ons do not materially change th e Agreemen t
or make a commi tment of addit ional funds of the City. All ot her changes, modifications , and
ame ndments sha ll requ ire t he prior a pprova l of the City Co un c iL
SECTION 27. B IN DING EFFECT .
This Agreeme nt shall be bindi ng upon the he irs , execu tors , administrators, successors an d
ass igns of th e parties.
SECT ION 28 . M ODIFICATION O F AGREEMENT.
No amendmen t to or modifica ti on of this Agreement shall be va l id unless made in writ i ng
and approved by th e Co nsultant and by th e Ci ty Co unci l. Th e parties agree th at this req uirement
for written modificatio ns cann ot be wai ved and that any attemp ted wa ive r s hall be void.
SECTIO N29. WA IVER.
Waiver by any party to thi s Ag ree ment of any te rm, co nd iti on, or covenant of th is
Agreement sha ll not constitute a waiver of any other term , condition, or covenant. Waiver by
any party of any breach of the provisio ns of this Agreemen t shall not cons titute a waiver of any
ot her provis ion nor a waiver of any subsequent brea ch or violation of any provis ion of this
Agreement. Accep tance by City of any work or services by Cons ultant sh all not consti tute a
wa iver of any of the prov isions of this Agreement.
SECTION 3 0. L AW T O G OVERN; VEl\lJE.
Thi s Agree ment shall be interpreted , construe d and go vern ed accordin g to th e laws of th e
State of Cal ifo rni a. In the even t of liti gati o n be tween the par ties , ven ue in state trial cour ts shall
lie exclu sively in th e County of Los An geles, California. In the event of litigation in a U.S.
Dis trict Court, venue shall lie exclusively in the Centra l Di trict of California, in Los Angeles.
- I 1 -
LA #4824-3482-9584 v3
SECTION 31. ATTORNEYS FEES, COSTS AN D EXPENSES.
In the event liti ga t ion or other proceeding is required to enforce or interpret any provision
of this Agreement, the prevailing party in su ch litiga ti on o r oth e r proceeding sh all be entitled to
an award of reasonable attorney 's fees, costs and e xpenses, in add ition to any other relief to
which it may be entitled.
SECTION 32. ENTIRE AG REEMENT.
Thi s Agreement, including the attached Exh ibits "A" through "C", is th e entire, comp lete,
final and exclus i ve express ion of the parti es with respect to the matters addressed therein and
supersedes all other agreements or understandings , wheth er oral or written, or entered into
be tween Consu ltant and City prior to th e execution of this Agreement. No statements,
representations or oth er agreements, wheth er oral or written, made by any party which are not
e mb odied herein shall be valid and bind in g. No amend ment to thi s Agreement s hall be valid and
bind in g un less in writing duly executed by th e parties o r their authorized represent atives.
SECTION 33. SEVERABILITY.
If any term, cond ition or covenant of this Agreement is declared or determined by any
co urt of competent jurisdiction to be invalid, void or un enforceable, the remaining provi sions of
this Agreement sha ll not be affected t here by and the Agreement s hall be read and construed
without th e invalid , vo id or unenforceable provision(s).
IN WITNESS WHE RE OF, the parties he reto have executed thi s Agreement on the date
and year first-a bove written.
CITY OF TEMPLE CITY
By: __ --,£.~.---:,£-----
Jose P
ATTEST:
-12-
LA #4824-348 2-9584 v3
APPROVED AS TO FORM
By Eri eS~-~
City Attorney
NOTE:
B y: ____________________ __
Its: -----------
CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
-13 -
LA 114824 -3482-9584 v3
CALIFORNIA ALL-PURPOSE AC KNOWLE DGMENT
STAT E OF CALI FORN lA
COUNTY OF
On 1 /r J . 2o IZ..before me, P~~"'j l<u D. perso nall y ap peared &l ien Co..j;c, proved to me on
the basis of satisfacto ry evidence to be e pe rso n(s) wh ose names(s) ts/o re su bsc nbed to the wtt hm tnstr ume nt and
ac kn owledged to me th at he/she/they execu ted th e same in his/he r/th e ir auth orize d capaci ty(ies), and th at by
his/h er/their signat ure(s) on the instrument th e pe rso n(s). or the enti ty up on beha l f of whi ch th e person(s) ac ted,
execut ed the instru ment.
I ce rt ify und er PENALT Y OF PERJ URY und er th e l aws o f th e State o f Califomia tha t th e forego ing paragra ph is
tru e and con·ect.
WIT NESS my ha nd and offic ial seal. ~-PEGGY KUO I ~· . Commission tl 1912591
z • . Notary Public -California I j Los Angeles County ~
• • , 0 0 4Ml goT'D· ;xglrzs Dec 5. 20141 a e e e u e
Signatu re: ---JP~..-----¥0~-~:.,+::-r~IJ~~~----
OPTIONAL
Though th e data be low is not required by law , it may prove valuable to persons re lying on th e doc ument and cou ld
preve nt fraudulent rea tt nc hmenL of thi form
CAPACITY CLAIMED BY SI GNER
D l NDTVID UA L
0 CORPO RA TE OFFICER
TITL E(S)
PART NER(S) D
D
ATTOR EY -IN-FAC T
TRUSTEE(S)
LI MITED
GENERA L
D
D
D
D
D
GUARDIAN/C ONSERVATOR
OT HER ______________________ __
SI GNER I S R EPRESENTING:
(NAM E OF PERSO (S) OR E T LTY(IES))
Li\ 114 824-34 2-9584 v3
DESCRIPTION OF ATTACHED DOCUMENT
TITL E OR TYPE OF DOCUMENT
NU MB ER OF PAGES
DAT E OF D OCUME NT
S IGNER(S) OTH ER THAN NAM ED AB OV E
CALIFORNIA ALL-P URPOSE ACKNOWLEDGMENT
STATE OFCAUFORN IA
COUNTY OF
On ____ , __ before me, ______ , perso nally appeared _____ _
0 perso nally know n to me -OR -0 proved to me on the basis of satisfactory evide nce to be th e person(s ) whose
nam es(s) is/a re subsc ribed to th e withi n in strum en t and
acknowledged to me th at he/she/they execu ted the sa me in
his/h er/t hei r a uthorized capacity(ies), and that by hislher/t.hei r
signature(s) on the instrument the person(s), or the e mit y upo u
behalf o f which the perso n(s) acted, executed the in stru ment.
WIT NESS my hand and official seal.
(SIGNATU RE OF NOTARY )
OPTIONAL
Though th e da t!l be low is not re q uired by law . it may prove va lu abl e to persons re lyin g o n th e doc ume nt and cou ld
preve nt fraudu len t reatta chm e nt of thi s form
CAPACITY CLAIMED BY SI GNER
0 IND IVIDUAL
0 CORPO RATE OFFI CER
0
0
0
0
D
TTTLE(S)
PART ER(S) 0
0
LIMITED
GE 1ERAL
ATTOR EY-IN-FACT
TRUSTEE(S)
GUA RDTAN/CONSE RY ATOR OT HER _____________ _
SI GNER I S REPRESENTING:
(NAME OF PERSON(S) OR E T ITY(IES))
LA #4824 -3482-9584 v3
DESCRIPTION OF ATTACHE D DOCUMENT
TITLE OR TYPE OF DO CUM E T
NUMBER OF PAGES
DATE OF DO CU MENT
S IG ER(S) OTHER T HAN NAMED ABOVE
EXHIBIT "A"
SCOPE OF SERVICES AND METHOD OF COMPENSATION
I. Method of Compensation
A. Co nsultant shall be compe nsa ted at tbe rates s pec ified in E xhi bit B in acco rd ance
wi th the te rm s an d limi tati ons o f thi s Exhib it.
II. Consultant will perform the fo llowing Services a nd be compensated in accordance
with the fo ll owing:
BUILDING CODE RELATED SERVICES
A. Except wh ere excluded in paragraph B, th e Consu ltan t will review deve lop ment
plans, calculations an d re port s fo r complianc e with the C ity ordin ances, the most
cu rrent Cal ifornia cons truc tion codes and other applicab le ru les, reg ul atio ns o r
laws on an as-needed basis. Co nsul ta nt shall be com pensated at th e pe rcenr age
sta ted in E xhib it B for al l wor k fo r whi ch the City receives a full pl an check fee,
and Co nsul ta nt sha ll be com pe nsate d hourly for all p lan review services for which
no fee is paid or for whi ch a re du ced fee is coll ected by the Cit y.
B. Rev ie w by Consul tan t of so ils and geo logy inv es ti gatio ns or oth er sim ilar wo rk is
exclu de d fro m thi s agree ment. Where reques ted by th e City , Cons ul tan t will
ass ist Cit y in select in g a qu a li fied cons ultan t to ac t in the capaci ty of City Soil s
and Geo logy Cons ultant.
C. The Cons ult ant wi ll ar range for pick-up and de livery of th e pla ns from and to th e
Ci ty Hall , and any such cos ts fo r p ick-up and delivery sha ll be in cluded with in the
limi ts of paragraph A.
D. T he Con sultan t will be avai lab le and fac ili ta te an y meet in gs with projec t owners,
appli cants or Cit y staff, as necessary. If needed , the Ci ty will pr ov ide space fo r
mee tin gs between the Co nsul tant an d the app lic ant and/or pro perty ow ner. Wh ere
a f ull p lan chec k fee has been paid , co mpen sa ti on for the time spent in such
meetings sha ll be consi de red part of th e comp ensation paid in par ag raph A,
ex cept th at cons ultant sha ll be permitted to recove r trave l time on an hou rly bas is.
Wh ere no plan check f ee has been pa id, or where a reduced pl an check fee has
been co llected by th e Cit y, Cons ulta nt shall be co mpe nsa ted on an hourly bas is.
E. Th e Con su lt an t wi ll provi de bui ld ing in spector se r vices on an as-need basis.
Co nsu lt ant sha ll be compensa ted on an hourly bas is.
1.1\ #4 ~24 3 182 -'J5 84 v3
A-1
F. The Co nsu lt ant will pr ovide permi t tech nician services o n an as-need basis.
Cons ult ant sha ll be co mp ensa ted on an hourly basi s.
G. When requ es ted by the City Manager , Consultant will alt end Counci l,
Comm ission , and Commi ttee meetin gs. Con sultant shall be compensated on an
hourly bas is.
H. Wh e re requ es ted , th e Consultant will es ta bli sh building code re lated conditions of
ap prov al for projects req uirin g Plan nin g Commi ssio n or Co uncil appr oval.
Consul tant shall be co mp ensated on an hourly basis .
I. Consu lt ant 's ave rage initial plan rev iew time shall comp ly with the following:
P ro ject Valu ationRe vi ew T im e
Up to $250,000 2 weeks
$250,001 to $750,000 3 week
$750,000 and more 3 to 6 weeks*
(*dep en ding o n actual sco pe)
CITY E NGINEE R SERVICES
A. T he co nsult ant wi ll ass is t th e Ci ty in the rev iew of matters pertain ing to all wo rk
loca ted wit hin th e public righ t of way or o n property owne d by the Ci ty.
Co nsultant shall be compens ated on an hourly basis.
B. The co nsult ant will be ava ilab le for meetings rel ated to all work located within
the public right of way o r on pro perty owne d by the City . Co nsult ant sha ll be
compens ated on an hourly ba is.
C. Wh en requ e ted by the City Manager, Co nsult ant will anend Council ,
Commission , and Commi tl cc me etings. Cons ult an t shall be compensated on an
hour ly basis.
D. The Cons ul tant will prepa re rep orts, invest igat ions, studies and eva luati ons as
may be required and direc ted by the City Manager. Where not pa rt of a separa te
ag ree ment, Consulta nt sha ll be compensa ted on an hour ly bas is. Where such
work is part of a eparate agree ment , Con sultant shall be compensated in
acco rdan ce with the term s of such separate ag reement.
E . The Co nsultant will provi de Water Service Contract Management. Consulta M
shall be compensated on an hourly basi s.
F. The Consultant wi ll rev iew propo ed improvement s in the public ri ght of way and
land dev elopments an d pr ov id e re commen dat ions as to engineering maners to
I .I\ #4824-3-l 2·9584 v3
A-2
in sure conformance wi th th e C ity's Muni c ipal Code , CAMUTCD , CYC and other
Sta te Laws including all statu to ry fun ct ions requi red by the St ate Subdi visio n
Map Act. Consu ltant shall be compen ated on an hourl y basis.
G. Where reques ted. the Con sultant will estab lish condi tio n s o f approval for pr ojec ts
requi ri ng Pl an ning Commi ss io n or Counc il approval. Consultant sha ll be
com pensated on an hourl y bas is.
H. Traffic En ginee ring Services. Consultant wi ll provide traffic e ngi nee ring services
as-needed. Where not part of a epara te agreement, Consultant shall be
co mp ensated on an ho url y ba sis . Wh e re such wo rk is part of a separate
agreement, Con sultant sha ll be compensated in accordance with th e terms of such
separate agree menr.
GRANT RELATED SERVICES
The co ns ult ant will ad vise th e City Manage r as to eng in ee rin g and con struc tion financing
oppo rtunities avai lable from oth er government agencies and, when so di rec ted , prepa re
and initiate application requests for poten tial fund in g. W here not part of a separate
agreement, Con sultant shall be compe nsa ted o n an hourly basi . Whe re such work is part
of a sepa ra te agreement, Consul tant shall be compensated in acco rdance with the term s of
such se parate agreeme nt.
CAPITAL IMPROVEMENT PROJECTS
Th e Cons ult ant will ass ist City with identification and development of cap ital
improvement projects . Thi s scope shall specifica lly in clu de, but not be limited to,
program mana gement , projec t man agement, design, construct ion, construction
management, proj ect closeout, and labor co mpl ia nce . Whe re required Con sultant will
a lso prov id e a "Resident Engi nee r" as defin ed by the state or feder al fundin g so urce.
Wh ere not part of a se parate ag ree ment, Con sulta nt shall be compensa ted on an hourly
basis. Wh e re such wo rk is par t of a separate agree men t, Consultant shall be compensated
in accordance with the te rms of such sepa rate ag ree ment .
III. As p a rt of the Services , Consultant will prepare and deliver the following tangible
work products to the City :
Provide proj ect deli verab les to s taff o n a ca e by case basis or a se parate request fo r
serv ices o n a project by project basis as approved by th e City Manager, Community
Develo pme nt Director or th eir des ign ees.
LA 114 24-34 2 -9 58 4 v3
A -3
IV. During performance of the Services, Consultant will keep the City appraised of the
status of performance b y delivering the followin g status reports:
Wh en requ ested by th e City, provide a report on current pr ojects including sta tu s,
submiual and retu rn date s and act ual plan review time for projects where the Consultan t
is being co mpen sated on an hour ly ba sis.
V. Performance of the Services:
A. Consulta nt represents th at it empl oys or will e mpl oy at its own expense, all
personnel required fo r the sati sfac tory pe rform ance of any and all tasks and
services, per the term s of thi s Agreement.
B. Consu ltant represents that th e serv ices required herein will be perform ed by
Consu lt ant, or under Consultant 's direct sup ervi sion, and th at all personnel
performing such servi ces sha ll be fully qualified.
C. Consu ltant shall ens ur e tha t se rvices performed under the terms of this Agree ment
are in full compliance with all applicable federa l, stale and loca l law s.
D. Consultant shall work closely with the City Manager or other City desig nated
rep resentative, who shall be the liai so n representativ e of the City and sh all , on a
con tinuous ba sis, review and approve Consultant's wo rk. Con sultant shall ensure
that the City has reviewed and approved a ll requ ired work, per the term s of this
Agreemen t.
E. Consu lt ant shall make no change in the c haracter or ex tent of the services
req uired by thi s Agreement, except as may be authorized in writing by the City.
Such supplemental autho rization shall se t fo rth the specific changes of servi ces to
be performed and any related extension of time and/or adjustment of fee to be
paid to Con s ultant by City.
VI. Consultant will utilize the following personnel to accomplish the Services:
A. Robert Quinte ro -Con tract Man age r
B. Cra ig Mel iche r, PE , CBO,-Prin cipal, Building and Safe ty Services
C. Neville Pe reira, PE , CBO-Bui lding Offi cia l Alternate
D. Ay la Erfig en, CBO-Building Offici al Alternate
E. Ali Cayir, PE-Prin cipal , Publi c Works/Engin eer ing Servi ces
LA #4824·3-182·9584 v3
A -4
F. D avid R ag l and, P E, PLS -Depu ty City Engineer , Ge neral Admin and Capital
Project s Admin Support
G . Michael Ackerman , PE -Deputy City Enginee r, General Admin and
D evelopment Review Support
H . Mike Schne pf-PW In s pecti on S upp ort
I. Y unu s R ahi , PE, TE, PTOE -Traffic Engineerin g Support
J . S eli m Bou hamidi -G rants an d Fun ding Support
K. J an a Robbins-Traffic En g ineeri ng Suppo rt
VII. AMENDMENT
T he Scope of Services, includin g serv ices, work produ cts , a nd personnel , are subj ec t to
c han ge by mutual Agre e ment. In th e abs ence of mutu al A greement reg arding the need to change
any as pec t s of performance , Consul tan t shall comply wi th th e Scope of Serv ices as indicated
above.
l.i\ #4824 ·3482-9584 v3
A -5
EXIDBIT "B "
C OMPE NSATION
I. C ons ultant sh a H use th e foll owin g r a tes o f p ay in th e p erforma nce of the Servi ces :
TRANSTECH ENGINEER S, INC. STAND A RD HOURLY
RATES Effecti ve throu g h June 30,2013
Classification H ourly R at e
Sen ior Engin eer $145-$160
Project Manager $140-$155
Proj ect E ng in ee r $13 0 -$145
Staff Engineer $1 15-$130
CA D D Designer $95-$110
P la nn er $125-$140
T ra nsport ati o n Analyst $] 15 -$130
Pl an Checker $85-$100
Cons truction Manager $140-$155
In spector (P W) $8 5 -$95
Ins pe c tor (B u ild in g) $65-$75
Eng i neering Technic ian $60 -$70
Adminiso·ative/C lerical $45-$55
2-M an Sur vey C rew $190
Funds A n alyst $105 -$1 15
Rei mbursab le direc t exp enses are b illed at cos t p lu s 10 % for admin istrati o n fee.
An nu al Rate Adj us tm e nt: E ffective Jul y l , 201 3, a nd on each Ju ly 1st th e reaft er, t he hourly rates
se t fo rt h in this Exhib it "B" shall be a utoma ti cally increa sed by th e perce nta ge change Los
Ange les-R iversi de-Or ange Coun ty Consu mer Pr ice In dex-All Ur ban Co nsume rs ("CPI-U") for
th e preceding twelv e month peri od begi nn ing Ap ri I 1 and end in g M arch 3 1st as ca lculated an d
re port ed by th e U.S . De pa rtment of Labo r Bureau of L abor S tati stics. R ate in creases shall be
round ed to the nea res t $1 inc remen t. In th e even t that th e per cen tage change in th e CP I-U is zero
or a negative numbe r , then no adjus tmen t in th e hourly rates sha ll be made.
B uild ing Pl an review services fo r wo rk not located wit hin th e pu blic riQht of wa y: For services
prov ide d, Consu lt ant shal I be paid 55 % o f the total fees co ll ected based on City's current fee
sc hed ul e. Where no fee is collected by the Cit y or whe re a reduced fee is collec ted by the City,
Cons ultan t shall be paid on an hourly bas is .
LA #4 824<~482-958-1 v3 B-l
Building Official P res ence at City Hall : at $120/hr rate.
Public works and en gineering (non-bui ld ing) plan check. and as -needed P ublic Works
and B u i I ding inspection s ervices: For ser vices prov id ed, Consultant s h a ll be paid o n an
hourly bas i .
City En l!ineer Presence at City Hall : Houri y at $120 /hr rate.
Development Review : For s ervices provided , Consultant shall be paid on an hourl y basis.
Preparation of Applications for potential Funds and Grants: The fee w i ll depend on the required
scope by the funding program . A scope and fee wil l be negotiated based on application type
at t h e time a target funding program and subsequent project is identified.
Capital Projects Desi l!n and Construction Management: The fee will depend on the type, size,
scope and complexity of the project a nd required level of service and staffing. Ca ltrans
guidelines w ill be u sed in establi shin g scope and fee r anges. A scope and fee will be
negotiated based on specific project requi rements.
T h e abov e stand a rd h ourly rate table i ndi cates that the r a tes are Effective through June 30, 2013 .
To provide furt h er c l arification , t h e following sentence is inse1ted: H ourly b ill ing rates are
adjusted annual ly based o n applicab le Cost of Li ving Index .
II. The City will compensa te Consultant for th e Services perform ed upon submission of a
valid in vo ic e. Each invoice is to incl ud e:
A . Where compensati on is based on a percentage of the fees collected, the invoice
s hall reflect the tota l fees collected by the C i ty and shall indicate the total fee owed Consultant.
B. For wor k perfonned on an hourly basis, the in voice shall identify a ll personnel,
the service provided, the number of h ours worked, and the h ourl y rate. Where a subconsultant
has provided a port ion o r the service. the invoice shall identify the subconsultant's invoice
amount, and a copy of the subconsulta nt's invoice will be provided a s s upporting documentation.
C. For wo rk p erfom1 ed th at wi ll be p ai d in whol e or in part by CDBG funds,
Consultant must obt ain the C ity's pre-approval to charge for reimbursable expenses, and such
charges must be no more than the appr oved ra t es of the L.A. County A uditor-Controller.
D. Line items for a ll travel related costs incurred b y Consultan t in the nonnal
perfonnance of the work witho ut markup.
LA 114~24 -3482 -9584 d B-2
EXHIBIT ''C''
INSU R ANCE
A. Insurance Requirements. Co nsultant shall provid e and maintain in surance,
accep tabl e to the City Manager or City Coun sel, in full force and effect throughout the term of
thi s Agreeme nt, agains t claims for injuries to per so ns or damages to property which may arise
fro m or in connection with th e performance of the work hereunder by Consultant, its agents,
representatives or em pl oyees. Insu rance is to be placed with in surer s with a current A.M . Best's
rating of no less than A:V ll. Consul tant shall pr ov ide the foll owing scope and limit s of
ins uranc e:
I. Min i mum Sco pe of In s urance . Coverage shall be at leas t as broad as:
(a) In suran ce Services Office form Commerci al General Liability
cove ra ge (Occurre nce Form CG 0001 ).
(b) In su rance Services O ffice fo rm number CA 0001 (Ed. 1/87)
cove ring Automobile Liability, includi ng code l "any au to" and endorsement CA 0025, or
equiv alent fo rm s subject to the written approval of th e City.
(c) Worker s' Compen sa ti on in sura nce as required by the Labor Co de
of State of California and Employer's Liab ility insurance and covering all person s providing
ser vi ces on behalf of the Con su ltant and all ri sks to suc h persons und er thi s Ag reement.
(d) Profess iona l liability insurance appropriate to the Con sul tant's
profess ion. This coverage may be wri tr en on a "claims made" basis , and mu st include coverage
fo r co ntra ctua l liabi li ty. Th e professiona l li abi lit y in suran ce requ ired by thi s Agreemen t must be
endorsed to be appl icable to claims ba sed up on, ar ising out of or relat ed to service s performed
under this Agreement. The insurance must be maintained for at lea st 3 consec uti ve years
following the completi o n of Consultant's services or the termi nati on of th is Agreement. During
th is additiona l 3-yea r period, Consu ltan t shall annually and upon request of the City snbmi t
written evidence of th is conti nu ous cove rage .
2. Minimum Limits of In su rance. Co nsultant sha ll ma intain limits of
insurance no less than:
(a) General Liabil it y: $1,000,0 00 for each occ urrence of bodi ly
injury, personal inj ury and property damage, and $2 ,000,000 annual aggregate.
(b) Automobi le Liability: $1,0 00,000 per acciden t for bodi ly inj ury
and property damage.
LA #48 24·3482-95 84 v3 C-1
(c) A combin ed single limit policy w ith aggregate li mi ts in an amount
of no t less than $2,000 ,000 shall be consid e red equi va lent to t he said r e qui red m inimum l imi t s
set fort h in Subsecti o ns (l) and (2) above.
(d ) W orkers' Co mpen sa ti on and Employer's Liability: Work ers '
Com pensation as requ ired by t he Labor Code o f the State of Californi a and Empl oyers Liabili ty
limits of not less th an $1,000,000 per acci de nt.
(e) Professional Li abili ty: $1,000,0 00 pe r occurrence.
B . Other Provisi o ns . [nsuran ce po li c ies req ui red by this Agreement shall contain t he
fo llow ing prov is ions :
1. All P o licies. Each in suranc e p o li c y required by th is A g reement sh all be
e n dorsed a nd state th e coverage shall not be su s pended, vo i ded , cancelled by t he i nsure r o r either
party to t his Agreement , reduc ed in coverage o r in limits except after 30 d ays ' pri or w ri tten
notice by Cert ified m ail , return receipt reques ted, ha s been given to City.
2. Gener al L iabil ity and Auto mobi le L iabil i ty C o verages .
(a) Cit y, an d its respective elected and a p poi n ted offi cers, officials,
an d employees and volu ntee rs are to be c overed as add itional in s ured s as res pects: liabil ity
ari sin g our of activi ti es C o ns ul tant perfor m s; pro ducts and completed o peratio ns of Cons ultant;
premises ow ned , occupied or used by Consu ltant; or a utomobiles o wned, leased, hired or
bo r rowed by Consultant. Th e coverage sh all conta in no special limit ations on the scope of
protectio n affo rded to City , and th eir r espect ive elected an d appointed officers, officials, o r
empl oyees.
(b) Cons u lt an t 's insurance coverage shall be pri mary ins urance wi th
respect to C ity, and its re specti ve elected a nd ap po inted , its officers, officials, employees and
vo l unteers. Any insura nce or self in su r an ce maintained by C ity, and its respecti ve elected and
a ppoi nt ed o f ficers , offi c ials, employees o r vol unteers, s hall apply in excess of, and nor contribute
w ith , C ons ul tant's in surance.
(c) Cons u lt ant 's in suran ce s hall apply separate ly to e ac h insured
again s t wh o m c laim is made or sn i t is bro ught , except w ith respect to the l imits of the in surer 's
li a bilit y.
(d ) Any fai lure to comply with the reporting or o ther provisions of th e
policies inc lu d ing breaches of warr an ti es shall no t affect coverage provid ed to City, and i t s
res pective e lected and appoin ted officers, officials, employees or volunteers.
l..i\ #4 !l24 .:'l482-9584 v3 C-2
3. W orkers' Compensation and Employer's Lia bility Coverag e . Unless the
City Man age r otherwise ag ree s in writin g, the insurer shall agree to waive all right s of
subrogati on against City , and its respe ctive electe d and appo in ted offic ers, offici als, employees
and ag ents for losses ari sin g from work performed by Consultant.
C. Oth er Req uir eme nts . Consul tant agrees to dep os it with City, at or befo re the
effec tive da te of th is co ntr ac t, certifica tes of in sur ance necessary to satisfy Ci ty tha t the
insuran ce pr o vi sions of thi s contract have bee n com plied wit h. Th e City Attorney ma y require
that Cons ul tant furn is h City with co pi es of original en dorsement s effec ting coverage req uired by
thi s Section. Th e certifi cates and end orsement s are to be signed by a person auth orized by that
ins urer to bin d coverage on its beha lf. C ity reserves the ri ght to in spect co mplete, certified
cop ies of all re qui red in surance po licies, at any time .
1. Consu ltant sha ll furnish certificates and end orse ment s from eac h
su bcontractor identica l to those Consulta nt provides .
2. Any deduct ibl es or se lf-insured re tenti ons must be declared to and
approved by City. At the optio n of City, either the ins ure r s hall red uce or eli mi nate suc h
deductibles or self-in sured retentions as res pects City or its respect ive e lected or appo int ed
officers , officia ls, emp loyees and vo lunt ee rs or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, c laim adm inistration, defense expenses and claims.
3. The procuring o f such required po li cy or po li c ies of in surance sha ll not be
co nstru ed to limit Consu ltant's lia bi lity hereund e r nor to fu lfill th e indemnification provisions
and req ui remen ts of thi s Agreement.
LA 114 824-3 .182-9 58 4 v3 C-3
ATTACHMENT C
FIRST AMENDMENT TO
AGREEMENT FOR CONSULTANT SERVICES
by and betwe en
the
CITY OF TEMPLE CITY,
A municipal corporation
and
TRANSTECH ENGINEERS, INC.
A California corporation
Dated September 3, 2013
FIRST AMENDMENT TO AGREEMENT FOR CONSULT ANT SERVICES FOR
BUILDING CODE ADMINISTRATION AND
PUBLIC WORKS/ENGINEERING SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
TRANSTECH ENGINEERING, INC.
Thi s First Amendment to Con s ultant Services ("First Amendmen t"), which is d ated fo r reference
as indicated o n the co ve r p age, is h ere by entered i nto by and be tween t he CITY OF TEMPLE C ITY, a
California ch arter city ("Cit y"), and T RANSTECH E G INEE RING, INC . a Californi a corporati on
("Con su lt ant"), as fo ll ow s:
RECITALS
A. Ci ty and Consultant enter ed in a Co nsultant Serv ices Agreem ent on Jul y 15 \ 2012
("Agreement"). Th e Agreement provides that Con s ultan t will provi d e b uildi ng cod e
ad m ini stratio n and publ ic works/en gineering services.
B . Secti o n 2 and E xhibit "A" of the Agreement pr ovi de t he S cop e of Services to be performed b y
Co nsultant.
C. S ect ion 4 and Exhib it "B " of the Agreem ent prov ide the co mpen sation percentage and ho urly
rates .
D . This F ir st A m e ndment m od ifi es Section 1 extendi ng the t erm t hrou gh June 30, 2 016, and
m od i fies Exhi bit "B" to prov ide t he C ity a m onthly cred it fo r building servi ces provide d b y
Cons ultant.
OPERATIVE PROVISIONS
N O W, T H EREFO RE, in c o n sid eration of the promises m ade and re cited herein, the parties do
he reb y e nter in to t his Fir st Amendment w hich m odifies and amends th e Agreem ent a s follows :
1. AMENDMENT. Th e Agreem ent is hereby modifi ed and amende d as fo ll ow s:
1.1 Section 1 "TERM OF AGREEMEN T." shall be extend ed fo r tlu·ee (3) years co mmencing
July 1, 2 013 , subject t o e arly terminatio n as provi ded in Section 20 "Termin ati on of
Agreem ent" o f this Agreem ent. The term may be extended by m utual agreement of the
parties memo ri a li zed in a written amendment to this agreement.
1.2 Exh ib it "B" Se cti on I "TRANSTECH ENG INEERS, INC . STANDARD H OURLY RATES "
s hall be m odified as foll ows :
-2 -
EXHIBIT "B"
COMPENSATION
TRANSTECH ENGINEERS, INC. STANDARD HOURlY RATES
Effective July 1, 2013 through June 30, 2014
Classification Hourly Rate
Ranges
Sen ior Engineer $147 $162
Project Manager $142 $157
Project Engineer $132 $147
Sta ff Engineer $117 $132
CADD Designer $96 $112
Planner $127 $142
Tran sportation Analyst $117 $132
Plan Checker $86 $101
Constr uc ti on Ma nager $142 $157
Inspec tor (PW ) $86 $96
Inspector (Build ing) $66 $76
Engi neerin g Tech nician $61 $71
Adm in istrative/Ci erica I $46 $56
2-Man Survey Crew $193
Funds Ana lyst $106 $117
Bui lding Offici al $122
City Engineer $122
Inspector (Building) $76
Permit Techni cian $56
Reimbursab le d irect ex penses are bi ll ed at cos t plus 10% f or
admin istrat io n f ee .
Cred it on Bui lding Official Se r vices : Based on 24 hrs. /week offic e
presence of Building Offi cial, 14 hrs . /month fro m Buildin g Official
hours w ill be cred ited to the City for ove r th e counter plan check fee s
paid to Tra nstech at 55 % of the fees collecte d by the City . In case the
office hours are for Building Official for over the counter services
increased or decrea sed , the credit amount will be prorated
accordi ngl y.
-3-
2. GENERAL PROVISIONS.
2. I Remaind er U nchanged . Except as specifically modified and amended in this First
Am e ndment, the Agr eement remains in full fo rce and effect and binding upo n the parties.
2.2 Integration. T his First A mendme nt consists o f pages I through 5 inclusive, whi ch
constitute the entire understanding and agreement of the partie s and supersed es a ll
negoti ations or previo us agreem en ts between the parties w ith respect to all or any part of
the tran sactio n discussed in this First Amendment.
2.3 Effective Date. This First Amendment s ha ll not become effective until the date it has
been form a ll y approved by the City Council and executed by t he appropria te authorities
of the Ci ty and Cons ultant.
2.4 Applicable Law. Th e laws o f the State of Cal iforn ia shall go vern the interpretation and
enforcement of t his First Am e ndm ent.
2.5 References. Al l referen ces to th e Agreement include all the ir respective terms and
prov isions. A ll defined term s utili zed in this First Amendment have the same m eaning as
provided in th e Agreement, unl ess expr essl y stated to the contrary in thi s First
Amendm e nt.
IN WIT~ESS WHEREOF, t he parties hereto have executed thi s First Amendment to the
Agreement o n t he d ate and year first w ritten above.
CITY:
ATTEST:
P ee~/1)
-4-
APPROVED AS TO FORM
Titl e : 5c . t q
CONSULT ANT:
TRANSTECH ENGINEERS, INC.
-5-
By1(2Q
arne: /Jll' C ~ J 1Y'
Title: P 0\r.c } o ~C
I '
-------------------------------------
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On 'S;! f L J:l L c ') ,2013 before me, Jennifer Venters. Notary Public ,
personally appeared Nw, \IV-'T ;It\ c,..., who proved to me on the
basis of sat isf actory evidence to be the person(s) who se name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed th e 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.
WHEREAS my hand and offic ial seal.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On :::-iz ~u-tl.g '] ,2013 before me, Jennifer Venters. Notary Public ,
personally appeared A \(,1& (j~·,c 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 ins tru ment.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WHEREAS my hand and official seal. Q JEN NIFER VENTERS
Commission t1 1 941 534
Notary Public • California ~
los Angeles County
M Comm . Ex ru Jun 19. 2015