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Home My Public Portal About07) 7C Amendment to Agreement with TranstechAGENDA ITEM 7.C . COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE : May 2, 201 7 TO : Th e Honorab le City Counc il FROM : Bryan Cook, City Manage r By : M ichael D. Forbes , Com mun ity Deve lop me nt Directo r SUBJECT: APPROVAL OF FOURTH AMENDMENT TO AGREEMENT FOR ·CONSULTANT SERVICES WITH TRANSTECH ENGINEERS, INC . RECOMMENDATION: The City Counci l is requested to: 1. Approve the Fourth Amendment to the Agreement for Consu lta nt Serv ices with Transtech Enginee rs, Inc. (Transtech) for Building Code Administration and Public Works/Engineering Services (Attachment "A"); and 2. Authorize the City Manager to sign and execute the Fourth Amendment. BACKGROUND : 1. On July 1, 2012 , the City entered into an Agreement for Consultant Services with Transtech to provide professional services related to building code administration 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 e xecuted the First Amendment to the Agreement (Attachm e nt "C "). The First Amendment extended the term of the Agreement for three additional years through June 30 , 2016. 3. On April 5, 2016 , the City Council approved the Second Amendment to the Agreement (Attachment "D"). The Second Amendment extended the term of the Agreement for one additional year through June 30, 2017 . 4 . On June 15 , 2016 , the City executed the Third Amendment to the Agreement to modify certain insurance provisions in the Agreement (Attachment "E"). The term of the Agreement was not changed . City May 2, 2017 Page 2 of 3 ANALYSIS: Per the terms the Agreement and Amendments 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: Building: ., Serve as City Building Official; " Plan check for building, plumbing, electrical, and mechanical permits; • Building code administration; • Building inspection for special projects and as needed citywide; and ., Permit technician services as needed. Public Works/Engineering: " Serve as City Engineer; ., Plan check for public improvements, subdivisions, and grading permits; ., Inspections for public improvements and any work in the public right-of-way; • Capital Improvement Projects management; • Contract management; • Grants and funding administration and management; and " Traffic surveys and studies. Transtech staff work closely with City staff on a daily basis to provide building and public works/engineering services to the community. Transtech staff bring building and engineering experience and expertise that are necessary 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 Agreement Due to Transtech's involvement in managing several ongoing capital projects, staff believes that it would best serve the organization to continue with Transtech for one additional year rather than go through a Request for Proposals (RFP) process. As allowed under Section 1 of the Agreement, the Agreement can be extended by mutual consent of the parties. Transtech's scope of services would remain unchanged. CITY STRATEGIC GOALS: Approving the Fourth Amendment to the Agreement will further the City Strategic Goals of Public Health and Safety, Quality of Life, and Sustainable Infrastructure by allowing the City to continue to provide building and public works/engineering services. Council May 2, 2017 Page 3 of 3 FISCAl IMPACT: Transtech is compensated through a combination of percentage-based and hourly rates. For building plan check 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) 2016-17 is $550,000, of which Transtech would be paid $302,500. For other building services such as Building Official counter hours and special inspections, 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 the Agreement and are updated annually based on the Consumer Price Index. The FY 2016-17 City Budget includes the necessary funds to provide services this year, and appropriate funds will be requested in the proposed FY 2017-18 City Budget. Many of the services that are billed hourly are reimbursable from project applicants and as such are not a cost to the City. Since the rates are automatically adjusted annually under the existing contract, approving the Fourth Amendment would not result in any fee increases or changes in expenditures. ATTACHMENTS: A. Proposed Fourth Amendment to Agreement B. Agreement for Consultant Services dated July 1, 2012 C. First Amendment to Agreement dated September 3, 2013 D. Second Amendment to Agreement dated April 5, 2016 E. Third Amendment to Agreement dated June 15, 2016 Proposed Fourth Amendment ATTACHMENT A FOURTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES For Building Code Administration and Public Works/Engineering Services by and between the CITY OF TEMPLE CITY and TRANSTECH ENGINEERS, INC. A California corporation Dated May 2, 2017 FOURTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES This Fourth Amendment to Agreement for Consultant Services for Building Code Administration and Public Works/Engineering Services ("Fourth Amendment"), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY 0 F TEMPLE CITY, a California charter city ("City"), and TRANSTECH ENGINEERS, INC., a California corporation ("Consultant"), as follows: RECITALS A. City and Consultant entered in an Agreement for Consultant Services for Building Code Administration and Public Works/Engineering Services on July I, 2012 ("Agreement"). The Agreement provides that Consultant will provide Building Code administration services and public works/engineering services to City. B. City and Consultant entered in a First Amendment to the Agreement on September 3, 2013. The First Amendment extended the term of the Agreement to June 30,2016, and modified the hourly rates Consultant charges for the Services. C. City and Consultant entered in a Second Amendment to the Agreement on April 5, 2016. The Second Amendment extended the term of the Agreement to June 30, 2017, and modified the hourly rates Consultant charges for the Services. D. City and Consultant entered in a Third Amendment to the Agreement on June 15, 2016. The Third Amendment modified certain insurance provisions of the Agreement but did not modify the term of the Agreement. C. This Fourth Amendment further amends the Agreement to extend the term for one additional year through June 30, 2018, and to update the hourly rates Consultant may charge for the Services. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Fourth Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. The Agreement is hereby modified and amended as follows: 1.1 TERM OF AGREEMENT. Section 1 of the Agreement ts hereby amended to read as follows: "The term of this Agreement shall be through June 30, 2018, subject to early termination as provided in Section 20 "Termination of Agreement" of this Agreement. The term may be extended by mutual agreement of the parties memorialized in a written amendment to this Agreement." -1- 1.2 COMPENSATION. TRANSTECH ENGINEERS, INC. STANDARD HOURLY RATES. Section I of Exhibit "B" of the Agreement is hereby amended to replace the table of hourly rates with the following: ADJUSTED EXHIBIT"&'" TRANSTECH ENGINEERS, INC. STANDARD HOURLY RATES Efferove Ju ly 1, 2016through June 30, 2017 Adjusted as. per Los, Angcles-River.;ide-Orange County Consumer Price Index-All Urban Consumers ("CPI-U") Classification Hourly Rate Ranges Seni or Engineer 5154 $169 Pro ject M;mager 51~ $164 Project Engineer 5138 $154 Staff Engineer Sill $138 CADD De signer 5101 $117 Planner 5132 $148 Transportation Analyst 5122 $138 Plan Ch ecke r 590 $106 Cons truction o\ollanagcr 5148 $164 In sp ector ( PW) $90 $101 Inspector I Bu i lding) $69 $79 Enginecri ng Tech nician 564 $74 Admin i strat ive/CI eri ca l 548 $58 2-Man SurveyCrcw $201 Funds Ana l yst 5111 $122 Bu i l d i ng Offi cial $127 City Engi neer $127 In spector I Bu i lding) 579 Code En f orcement I nspector 569 Per m it Te chni ci an 558 Rei mbursable d i rect ex p enses arc billed at cost p l us 10% for admin i stration fee. The above fees will be i ncreascd each ye<~r Ju l y !st automatica l ly by t he perce ntage change Los Ange le s-R i v ers i de-Orange Co u nty Cons u mer Pric e Index-All Urba n Consumers ("CPI -U") for t he precedi ng twe lve mo nth peri od as cah:ul<:~tc d and re ported bv· the U.S. Department of labor Bu reau of labor Statistics. CPI -U June 2016 -1.8 -2- 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except as specifically modified and amended in this Fourth Amendment, the Agreement and prior amendments thereto remain in full force and effect and binding upon the parties. 2.2 Integration. This Fourth Amendment consists of pages I through 4 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Fourth Amendment. 2.3 Effective Date. This Fourth Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Consultant. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Fourth Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Fourth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Fourth Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. -3- ATTEST: CITY: THE CITY OF TEMPLE CITY By: ______________ _ Bryan Cook, City Manager Peggy Kuo, City Clerk APPROVED AS TO FORM Eric S. Vail, City Attorney NOTE: CONSULT ANT: TRANSTECH ENGINEERS, INC. By: ______________ _ Name: ____________ _ Title: ____________ _ By: ______________ _ Name: ____________ _ Title: ____________ _ 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 B Original Agreement ATTACHMENT B AGREEMENT FOR CONSULTANT SERVICES [_>\ P482·H482-9084 ,.3 For Building Code Administration and Public Works/Engineering Services by and between CITY OF TEMPLE CITY, a municipal corporation and TRANSTECH ENGINEERS, INC., a California corporation Dated: July 1, 2012 AGREEMENT FOR CONSULTANT SERVICES BET\VEEN CITY OF TEMPLE CITY AND TRANSTECH ENG-INEERS, INC. This Agreement for Consultant Services ("Agreement") is entered into as of this r-" day of July 2012_ by and between the City of Temple City, a municipal corporation ("City'") and TRANSTECH Engineers, Inc .. a California corporation ("Consultant"). City ami Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECIT.US A. City has sought, by issuance of a request for proposals, the performance of the engineering services defined and described particularly in Section 2 of this Agreement. B. Consultant, following submission of a proposal for the performance of the servkes defined and described particularly in Section 2 of this Agreement, was selectetl by tht: City to perform those services. C. Consultant was selected by the City on the ba~is of Consultant's demonstrated competence and the professional quaJifications necessary for the satisfactory performance of the services required. D. Pursuant to the City of Temple City's Municipal Code, City has authority to enter into this Agreement and the City Manager has authority 10 execute this Agreement. E. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 of this Agreement, and desire that the terms ofthat performance be as defined and descrihed herein_ OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made hy the Parties and contained herein, and other consideration. the value and adequacy of which are hereby acknowledged, the pm1ies agree as follows: SECTIONJ. TRRMOF AGREEMENT. The term of this Agreement shall be for one (l) year commencing July 1, 2012, subject to early termination as provided in Section 20 "Termination of Agreement" of this Agreement. The term may be extended by mutual agreement of the parties memorialized in a written amendment to this Agreement. -I- LA#4BM-J-1~'1-95g4 ,.3 SECTION 2. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services and Method of Compensation" which is incorporated herein by this reference. in accordance with the terms and conditions of this Agreement. SECTION 3. ADDITIONAL SERVICES. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which an:: in addition to or outside of those set forth in this Agreement or listed in Exhibit "A," unless such additional services are authorized in advance and in wiiting by the City Council or City Manager of City. Consultant shall be compensated for any such additional services in the amotmts and in the manner agreed to by the City Council or City Manager. SECTION4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement., City agrees to pay Consultant the amounts specified in Exhibit "B" '"Compensation," in accordance with Exhibit "A"' "Scope Of Services And Method Of Compensation." both made a part of this Agreement. (b) Each month Consultant shall furnish to City an original invoice for aU work performed and expenses incurred during the preceding month. 111e invoice shall detail charges by the following categories: labor (by sub-category), !ravel, materials, equipment, supplies. and sub-consultant contracts. Sub-consLlltant 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" include 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 the task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant 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 fonh in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned hy City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City. City will ltSe its best efforts to cause Consultant to be paid \Vithin forty-five (45) days of receipt of Consultant's correct and undisputed invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. SECTION 5. Il\"SPECTION AND FINAL ACCEPT A NCR. City may inspect or accept or reject any of Consultant's work under this Agreement, either during performance as provided herein. City shall reject or accept Consultant"s work described in each invoice within forty-five (45) calendar days of receipt of Contractor's invoice for such work. City shall reject work by a timely written explanation, otherwise Consultant's -2- LA!/4824-3482-9.184 ;•] 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 IO fraud. Acceptance of any of Consultant's work by City shall not constitute a waiver of any of the provisions of this Agreement including. but not limited to, sections 16 and 17, pertaining to indemnification and insurance, respectively. SRCTION6. OWNERSHIP OF DOCUMENTS. (a) All original maps, models, designs, drawings. photographs, studies. surveys. reports, data, notes, computer files. files and other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City withm1t the permission of the Consultant. Upon completion. expiration or tem1ination of this Agreement. Consultant shall turn over to City all such original maps, models, designs, drawings. photographs, studies. surveys, reports. data. notes, computer files, files and other documents. (b) If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models. designs, drawings, photographs. studies, surwys. reports, data (whether raw or processed), notes, computer files, files or other documents prepared. developed or discovered by Consultant in the course of providing any services pursuant to this Agreement, Consultant's guarantees and warrants related to .<;;tandard of Performance and found in Section 9 of this Agreement shall not extend to such use of the maps, models, designs, drawings. photographs. studies, surveys, reports, data, notes, computer files, files or other docnments. (c) Computer software, whether purchased, developed or licensed tha1 is provided by Consultant for use within City facilities shall be provided at the sole discretion of Consultant, bur with the approval of City. In the event of termination of this contract, City shall have the right to purchase software developed by Consultant at fair market price to be determined at the time of contract termination. City shall have the right to purchase nonproprietary or separately licensed software from Consultant subject to the conditions imposed by the original software developer upon Consultant. All data entered or generated by any software provided by Consultcmt shall remain the property of the City. SECTION?. CONSULTA~T'S BOOKS AND RECORDS. (a) Consultanr shall maintain any and all documents and records demonstrating or relating to Consultant's performance of services pursuant to this Agreement. Consultant shall maintain any and all ledgers, books of account, invoices. VOLJChers. canceled checks, or other documents or records evidencing or relating to work. services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall he sufficiently complete and detailed so as to pc1mit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintainc'£1 for three years after final payment~ are issuc-'d and other pending matters are closed and to the extent reqt1ircd by Jaws relating to audits of public agencies and their expenditures. -3- J.l\ #~324-.14/!2·9584 d (b) Any and all records or documents re:qLlired to be maintaim~d pursuant to this section shall he made available for inspection, audit and copying, at any time during regular business hours, upon request hy City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed npon, such documents and records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursLtant to this section may be lost or discarded due to dissolution or termination of Consultant's business, City may, by written request, require that custody of .~uch documents or records he given Lo the City and that sut:h documents and records be maintained by the requesting party. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives. SECTIONS. STATUS OF CONSULTANT. (a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation. debt or liability Df 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 pcrlorming the services Lmder this Agreement on behalf of Consultant shall be under Consultant's exclusive direction and control at all times. Neither City, nor any elected or appointed boards, officers, officials. employees or agents of City, shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant. nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. SECTION9. STAI\"'DARD OF PERFORMANCE. (a) Consultant represent~ and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at an times faithfully, competently and to the besr of its ability, experience and talent, perform all services described herein. Tn meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under rhis Agreement. In addition to the general standards of performance set forth in this Section 9. additional specific standards of perlormance and performance criteria are set forth in the Scope of Work that shall also be applicable to Consultant's work under this Agreement Where there is a conflict between a general and a -4- LAII4B24·)482.\I.\84 v3 _I __ _ specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. (b) If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Cousultant in the comsc of providing any services pursuant to this Agreement, Consultant's guarantees and warranties related to Standard of Performance shall not extend to such use of the maps, model~. designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERJVIITS AND LICENSES. (a) Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statures, codes, ordinances. regulations and rules in effect dttring the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the sen>ices 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 re~ult of any failure of Cons111tant to comply with this section. (h) City is a participant in the Community Development Block Grant (CDBG), funded hy the United States Department of Housing and Urban Development (HUD). To the extent Consultant performs work that will be paid for in whole or in -part with CDBG funds, Consultant agrees to follow all CDHG regulations in the perlormance of such work. (c) City is also a participant in other federally funded projects. To the extent Consultant performs work that will be paid for in whole or in pan with federal funds. Consultant agrees to follow all applicable regnlations in the perfom1ance of such work. SECTION 11. PREVAILING WAGE LAWS It is the under~tanding of City and Consultant that California prevailing wage laws may apply to this Agreement because the Agreement may 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, sueets or sewers done under contract and paid for in whole or in part ont of public funds. In this context, "constmction'· includes work performed during the design and prcconstruction phases of constn1ction including. but not limlted to. inspection and land surveying work. SECTION12. NONDISCRI!Vlll\ATION. Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex., age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard lo their race, religion, sex, color, or national origin. Such action shall include. but are not limited to, the following· employment upgrading, demotion -5- L" 114824·34&2·9504 v3 - i or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to he provided by the consultant setting forth the provisions of this nondiscrimination clause. Consultant will comply with all laws prohibiting discrimination, including, bm not limited to Title VI of the Civil Rights Act of 1964, Section 109 of the Housing and Community Development Act of 1974, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. SECTION 13. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, g ~·· as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein_ Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the any liability or sanctions be imposed against City for sLtch use of unauthorized aliens, Consultant hereby ngrees to and shall reimburse City for the cost of all such liabilitie> or sanctions imposed. together with any and ali costs. including attomeys' fees, incurred by City. SECTION 14. CONFLICTS OF INTEREST. (a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's pe-rformance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer. employee, agent or subcontractor without the express wrinen consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. Consultant agrees that any conflict or potential conflict of interest shall be f1Llly disclosed prior to execution of this Agreement and Consultant shall comply with all applicablt: federal, state and county laws and regulations governing cont1icts of interest. (h) City understands and acknowledges that Consultant is, as of the date of execution of tbis Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to sttch prQjects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understand~ and acknowledges that Consultant will perform non-related services for other governmental agencies and private parties following the completion of the scope of work under this Agreement. Any such future service shall not be considered a conflict of inter~! for purposes of this section. (d) Consultant may not conduct any activity, including any payment to any person. officer, or employee of any agency or member of Congress in connection with the awarding of any federal contract, grant, or loan. intended to influence legislation, administrative rule- -6- LA ~4824·3482-'!584 ,.3 I. ' . ' making or the election of candidates for public office during the term of this Agreement under representation that such activity is being performed as a part of the Consultant's responsibilities under this Agreement. SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prim written authorization from the City Manager or unless requested by I he 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 shaH not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons. complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding, Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Cm1sultmu. However, this right to review any such rcspons~.: dm~s not imply or mean the right by City to control, direct, or rewrite said response. SECTION 16. INDEJ\1NIFICATION. (a) Indemnification for Design Activities As provided under Civil Code Section 2782.8, Consultant shall indemnify. protect, defend and hold harmless City and any and all of its officials. employees and agents ("Indemnified Parties") from and against any and all claims. actions and proceedings (whether at law or equity. administrative or jndicial), demands, orders, judgmt:nts. losses, liabilities, damages, costs and cxpt:mes, inclltding attorney's fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or sub- consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under tbis Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and consultants, and Consultant, damages and -7- LA~4&24·3482·9584 ,,_1 expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. (b) Indemnification for General Services. Where the law establishes a profes~ional standard of care for Consultant's Services other than design services set forth in Civil Code Section 2782.2, Consultant shall, to the fullest extent permltted by Jaw, indemnify, protect, defend and hold harmless lhe Indemnified Parties from and against any and all losses, liabilitir:s. damages, costs and expenses, including reasonable attorney's fees and costs to the extent same arc caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub-consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. (c) Indemnification for Other than Professional Liability. Other than in the petformance of professional services and to the full ex.1cnt permitted hy law, Consultant shall indemnify, protect, defend and hold harmless City. and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbi1ration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including reasonable attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, arc a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub- contractors of Consultant. (d) Indemnification from Sub-Consultants. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set fonh here in this section from each and every stJb-consultant I sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the tenus of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligaLion to indemnify and defend City as set forlh herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. (e) City's Sole Neoli2:ence. 1he provisions of this Section 16 do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. (f) lndemnifH:ation of City Officials. Notwithstanding the foregoing, Consultant and certain employee~ of Consultant will be acting as City officials during the performance of this At,:rreement. Consultant and any employee of Consultant acting as a City official may request that the City defend and indemnify Consultant and said employee against any claim or action against him or her for an injury arising out of an act or omission occurring within the -8-l <M"'"""~'""' scope of his or her dlJties under thi.'i Agreement pursuant to, and subject to the limitations provided in, Government Code Section 825 et seq. SECTION 17. INSLRANCE. Consultant agrees to obtain and maintain in full force and effect during the tenn of this Agreement the insurance policies set forth in Exhibit "C" "Insurance,"' which is incorporated herein by this reference. 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. Consultant agrees 10 pro\•ide City with copies of required policies upon request SECTION 18. ASSIGNJ\IIE:.'\!T. The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Comultant under this Agreement. [n recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineftective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. City acknowledges, however, that Consultant, in the perfonnance of it.~ duties pursuant to this Agreement may utilize subcontractors. SECTION 19. CONTINUITY OF PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perf01m tl1e services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perfo1m the services required under this Agreement, prior to and during any such pe-rfonnance. SECTION20. TERMINATION OF AGREEfviENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Consultant. ln the event such notice is given, Consultant .~hall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Consultant or City fail to perform any material obligation under this Agreement. then, in addition to any other remedies, either Consultant, or City may tenninate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work pe1fonned and expenses incurred by -9- L4.#4824-3~82-9584 d Consultant, prepmed as set forth in Section 4 of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 of this Agreement. SECTION 21. DEFAULT. In the event that Consultant is in default under the terms of this Agreement, the City shall nm have any obligation or duty to continue compensating Consultant for any work perfom1ed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced. if circumstances warrant. During the period of time that Consultant 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 or the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20. Any failure on the part of the City to give notice of the Consultant'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. SECTION22. EXCUSABLE DELAYS. Consultant shall not be liable fur damages, including liquidated damages, if any, caused by delay in performrn1ce or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited TO, acts of God, acts of the public enemy, acts of federal, stare or local governments, acts of City, court orders, fires, Hoods, 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. SECTION23. COOPRRATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as puhlic records, and which arc necessary for carrying om the work as outlined in the Exhibit "A"' "Scope of Service~," shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. SECTION24. NOTICES. All notices required or pennitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To City: To Consultant: lA 1'482~-3-182-~584 vJ City of Temple City Atm: City Manager 9701 Las Tunas Dr. Temple City, CA 91780 TRANSTECH Engineers, Inc. Attn: Craig Mclicher, PB, CBO 024 Brea Canyon Road Walnut, CA 91789 -10- :-.lotice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. SECTION25. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of .its obligations hereunder. SECTJ0~26. ADMINISTRATION AND IMPLEMENTATION. This Agreement sha11 be administered and executed by the City Manager or his or her designated representative, following approval of this Agreement by the City CounciL The City Manager shall have the authority to issue interpretations and to make minor amendments to this Agreement on behalf of the City so long as such actions do not materially change the Agreement or make a commitment of additional funds of the City. All other changes, modifications, and amendmellts shall require the prior approval of the City Council. SECTION 27. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors. administrators, successors and assigns of the panics. SECTION28. 1\IIODIFICATION OF AGREEMENT. No amendment to or modification of tbi~ Agreemem shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. SECTION29. WAIVER. Waiver by any party to t\lis Agreement of any term. condition, or covenant of this Agreement shall not constitute a waiver of any ot!Jcr term. condition. or covenant. Waiver by any party of any breach or 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 Consultant shall not constitute a waiver of any of the provisions of this Agreement. SECTION30. LAW TO GOVERN; VEl'.'lJE. This Agreement sl1all be interpreted, constnu:d and govemed according to the laws of the State of Califomia. 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. -11 - L.->, #4B24·34B2-9S8~ •.•3 SECTION 31. ATTORNEYS Fh'ES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. SECTION 32. ENTIRE AGREE:MEl'\T. This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive exprcssiun of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives. SECTION 33. SEVERABILITY. If any term, condition or covenant of this Agreement is declared or determined by any court of competL."'lll 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). IN WITNESS WHEREOF, the parties hereto have executed this Agreement on !he date and year first~above written. ATTEST: PfjfYUJK! LJl Peggy ul:! City Clerk LA "4824-3482-9084 d CITY OF TEMPLE CITY "" Jo;e P~cMc,-n-,-g-cc-- -12- APPROVED AS TO FORM By~~· Eric S. V __.- City Attorney By-------=~ ~ KOTE: CONSULTANT'S SIGNATURES SHALT. BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY RE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S RL"SINESS ENTITY. -13- LA #4B2-1·34R2·95~4 1'3 ~ ... ~""'"~ro•"=oiD=~= I STATE OF CALIFORNIA COUNTY OF 011 J..L!__]___, 2o IL before me, Pr ~--._J !(.Jj_Q, personally appeared &llf~.ftt,ic., proved to me on the basis of satisfactory evidence w be J p~rson(s) whose namcs{s) isfare subscribed to the within instrument and acknowledged to me that heJshe/they execut~d the same in his/her/their authori;~;ed capacity(ies), and rhat by . hi >.!her/their signature(s) on the instrument rhe person(s), or rhe entity upon behalf of which the person(s) acted, 1 executed the instrument. l certify under PENALTY OF PERJURY under the bws of the State of California that the foregoing paragraph is true and correct. jj~ '""KUO ( J Cllllllfllnlan # 19125; ~ Natary Public • C~ltfomfp ~ "' Las Angelu County :!:: J. Ml comm e~etres oac s. 2014£ WJTI\~SS my hand and official seaL p 0 0vW!Um Signature ~ · 4iu-t}'""'~~- OPTIONAL Though the dara below is not required by law, it may prove valuable tc persom; relying on the document ~nd could prevem fraudulent reatwchmem of this folTll D D D D D D D CAPACITY CLAIMED BY SIGNER !NnTVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) 0 LIMITED 0 GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDTAN/CONSERV ATOR OTHER_ SIGI\'ER IS REPRESENTING: (NAME OFPERSON(S) OR ENT\TY(IES)) LA #4S24-34~2-9S84 V} DESCRIPTION OF ATTACHED DOCUMENT TITLE Oil. TYPE OF DOCFMENT NUMBER OF PAGES DATE OF DOCUMENT ~---- SIGNER(S) OTHER THAN KAMED ABOVE ~--~--~ ~------~~--· __j ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGl\1ENT STATE OF CALIFORNIA COUNTY OF Oo _____ beforenw ___ -· ____ ,personallynppeared __ ~~~---• 0 personally known to me· OR. D proved to~ on the basis of salisfactory evidence to be the pcrson(s) whcse names(s) i~/are subscribed to the within instrument and a\.Oknowledg~d to me that he/she/they e~ecuted the same in his/her/their authorized cupacity(ies), and that by hislherfthcir <ignature(s) on the instrumell! tlle person(s), ur the entity upon b~half of which the person(s) -acted, exec~ ted the instrument. WITNESS my hand and official seaL ~" (SIGNATURE OF NOTARY) OPTIO:'IJAL ough \he dm~ below 10 not 1equtred by law n may prove val1•able to pcrsom relymg on the docum~m and could 1 prevent fra1•dulent reattachment at th1s form D D D D D D D CAPACITY CLAI:VIED BY SIGNER JNDIVlDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) 0 L!MJTED 0 GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGJ\'ER IS REPRESENTING: (NAME OFPERSON(S) OR El>:TlTY(lES}} LA #4824-34~2--%84 v3 ~~--- DESCRIPTIO:'~ OF ATTACHED DOCUMENT ~---- TITLE OR TYPE OF DOCUMENT NL"MBEROFPAGES DATE OF DOCUMEl"<T SIG~"'ER(SJ OTHER THAN NAMED ABOVE I. EXHIBIT"A" SCOPE OF SERVICES AND METHOD OF COMPENSATIO::-.T Method of Compensation A. Consultant shall be compensated at the rates specified in Exhibit B in accordance with the terms and limitations of this Exhibit. IL Consultant will perform the following Services and be compensated in accordance with the following: BUILDING CODE RELATED SERVICES A. B. c D. E. Except where excluded in paragraph B, the Consultant will review development plans, calculations and reports for compliance with the City ordinances, the most current California construction codes and other applicable mles, regulations or laws on an as-needed basis. Consultant shall be compensated at the percentage stated in Exhibit B for all work for which the City receives a full plan check fee, and Consultant shall be compensated hourly for all plan review services for which no fee is paid or for which a reduced fee is collected by the City. Review by Consultant of soils and geology investigations or other similar work is excluded from this agreement. Where requested by the City, Consultant wilt assist City in selecting a qualified consultant to act in the capacity of City Soils and Geology Consultant. The Consultant will arrange for pick-up and delivery of the p1ans from and to the City Hall, and any such costs for pick-up and delivery shall he included within the limits of paragraph A. The Consultant will be available and facilitate any meetings with project owners, applicm1ts or City sLaff, as necessary. If needed, the City will provide space for meetings between the Consultant and the applicant and/or property owner. Where a full plan check !L-e has been paid, compensation for the time spent in such meetings shall be considered part of the compensation paid in paragraph A, except that consultant shall be permitted to recover travel time on an hourly basis. Where no plan check fee has been paid, or where a reduced plan cileck fee has been collected by the City, Consultant shall be compensated on an hourly basis. 111e Consultant will provide building inspector services on an as-need basis. Consultant shall be compensated on an homly basis. L\114~24..'!4~2-'J58-1 d A-1 f. G H I The Consultant will provide permit technician services on an as-need basis. CollSultant shall be compensated on an hourly basis. When requested by the City Manager, Consultant will attend Cooncil, Commission, and Committee meetings. Consultant shall be compensated on an hourly basis. \!!here requested, the Consultant will establish building code related conditions of approval for projects requiring Planning Commission or Council approval. Consultant shall be compensated on an hourly basis. Consultant's average initial plan review time shall comply with the following: Project ValuationReview Time Up to $250,000 2 weeks 5250,001 to $750,000 3 weeks $750,000 and more 3 to 6 weeks'·' (*depending on actual scope) CITY ENGINEER SERVICES A. B. c. D. E. The consultant will nssist the City in the review of matters pertaining to all work located within the public right of way or on property owned by the City Consultant shall be compensated on an hourly basis The consultant will he available fm meetings related to all work located within the public right of way or on property owned by the City. Consultant shall be compensated on an hourly basi~. When requested by the City Manager, Consultant will attend Council, Commission, and Committee meetings. Consultant shall be compensated on nn hourly basis. The Consultant will prepare reports, invcstigatiom, studies and evaluations as may be required and directed hy the City Manager. Where not part of a separate agreement, Consultant shall be compemated on an hourly basis. Where such work is part of ll separate agreement, Consultant shall be compensated in accordance with the terms of such separate agreement. The Consultant will provide Water Service Contract Management. Consultant shall be compensated on an hourly ba'iis. F. The Consultant will review proposed improvements in the public right of way and land developments ant.! provide ret.:ommendatiom as to engineering matters to J_t\ ~4824-3.1H2·958~ v3 A-2 L G H. insure conformance with the City's Municipal Code, CAMlJTCD, CVC and other Stare Laws including all statutory functions required by the Slate Subdivision Map Act. Consultant shall be compensated on an hourly basis. Where requested, the Consultant will establish conditions of approval for projects requiring Planning Commission or Council approval. Consultant shall be compensated on an hourly basis. Traffic Engiileering Services. Consultant will provide traffic engineering services as-needed. Where not part of a separate agreement, Consultant shall he compensated on an hourly basis. Where such work is part of a separate agreement, Consultant shall be compensated in accordance with the terms of such separate agreement. GRANT RELATED SERVICES The consultant will advise the City Manager as to engineering and construction financing opportunities available from other government agencies and, when so directed, prepare anU initiate application requests for potential funding. Where not part of a separate agreement, Consultant shall be compensated on an hourly basis. Where such work is part of a separate agreement, Consultant shall be compensated in accordance with the terms of such separate agreement. CAPITAL IMPROVE:MENT PROJECTS The Cunsuh.anl will assist City with identification and development of capital improvement projects. This scope shall specifically include, but not be limited to, program management, project management, design, construction, construction management, project closeout, and labor compliance. Where required Consultant will also provide a "Resident Engineer" as defined by the state or federal funding source. Where not part of a separate agreement, Consultant shall he compen.sated on an hourly basis. \Vhere such work is part of a ~eparate agreement, Consultant shall be compensated in accordance with the terms of such separate agreement. III. As part of the Ser\'ices, Consultant will prepare and deliver the following tangible work products to the City: Provide project deliverables to staff on a case by case basis or a ~cpllTalc request for services on a project by project basis as approved by the City Manager, Community Development Director or their dc~ignees. LA !t4S24-34H2-Q584 v3 A-3 L IV. During performance of the Services, Consultant will keep the City appraised of the status uf performance by delivering the following status reports: When requested by tlle City, provide a report on current projects including status, submittal and return dates and actual plan review time for projects where the Consultant is being compensated on an hourly basis. V. Perfonnance of the Services: A. B c D. Consultant represents that it employs or will employ at its own expense, all personnel required for the satisfactory performance of any and all tasks and services, per the terms of this Agreement. Consultant represents that the services required herein will be performed by Consultant, or under Consultant's direct supervision, and that all personnel performing such services shall be fully· qualified. Consultant shall ensure that services pcrfonned under the terms of this Agreement are in full compliance with all applicable federal, state and local laws. Consultant shall work closely with tile City Manager or other City designated representative, who shall be the liaison representative of the City and shall, on a continuous basis, review and approve Consultant's work. Consllltant shall ensure that the City has reviewed and approved all required work, per the terms of this Agreement. E. Consultant shall make no change in the character or extent of the services required by this Agreement, except as may be authorized in writing by the City. Such supplemental amhorization shall set forth the specific changes of services to be performed and any reiated extension of time and/or adjustment of fee to be paid to Consultant by City. VI. Consultant will utilize the following personnel to accomplish the Services: A. Robert Quintero -Contract Manager B. Craig Melicher, PE, CBO,-Principal, Building and Safety Services c. Neville Pereira, PE. CBO-Building Oftlcial Alternate D. Ayla Erfigen. CBO ··Building Official Alternate E. Ali Cayir, PE-Principal, Public Works/Engineering Services LA#4824-34S2·95E-l v~ A·4 F. David Ragland, PE. PLS -Deputy City Engineer, General Admin and Capital Projects Admin Support G. Michael Ackerman. PE Development Review Support Deputy City Engineer, General Admin and H. Mike Schnepf-PW Inspection Support I. Yunus Rahi, PE, TE, PTOE-Traffic Engineering Support J_ Selim Bouhamidi-Grants and Funding SuPPort K. Jana Robbins-Traffic Engineering Support VII. AMENDMENT The Scope of Services, including services, work products, and personnel, are subject to change hy mutual Agreemen1. Tn the abscnt:e of mutual Agreement regarding the need to change any aspects of performance, Consultant shall comply with the Scope of Services as indicated above. Ll\ 1>4824-3482-9384 v3 A-5 l, Consultant shall use the following rates of pay in the performance of the Services: TRANSTECH ENGINEERS, INC. STANDARD HOURLY RATES Effective througll June 30,2013 -- : Clnssifzcation Hourly Rate ----- ! Senior EnginecJ $145-$160 jProject Manager I $140-$155 i Projet:t Engineer -·-·· -------5130-$145 Staff Engineer $ll5-$J30 CADD D~signer $95-$110 ·--- Planner $125-SJ40 Transportation Analyst $115-S130 1 Plan Checker $85-$100 ' Constn1ction Manager $140-SI55 Inspector (PW) $85 "$95 Inspector (Building) $65-$75 1-c-$60-$70 Engineering Technici~n ----·· Administrative/Clerical $45-$55 2-Man Survey Crew $190 Funds Analyst $105-$115 ··-·-- Reimbursable direct expenses are bdled at cost plus 10% for administration fee ------ Annual Rate Adjustment: Effective July 1, 2013. and on each July l" thereafter. the hourly rates set forth in this Exhibit ''B" shall be automatically increased by the percentage change Los Angeles-Riverside-Orange County Consumer Price Index-All Urban Consumers ("CPI-U") for tbe preceding twelve month period beginning April 1 and ending March 31'1 as calculated and reported by the U.S. Department of Labor Bureau of Labor Statistics. Rate increases shall be rounded ro the nearest $1 increment. In the event that the percentage change in the CPI-U is zero or a negative number, then no adjustment in the hourly rates shall be made. Building Plan review services for work not located wiThin the public right of way: For services provided. Consultant shall be paid 55% of the total fees collected based on City's current fee schedule. Where no fee is collected by the City or where a reduced fee is collected by the City, Consu]Lant shall be paid on an hourly basis. LA !14324-3482-95~~ v3 B-1 ' Building Official Presence at Citv 1-la)l: at $120/hr rate. E.!!hliLwgrks t~nd engineering (non building) plan check. and as needed Public Works and Bullding . .il)cspection ;;_e_rvices: For services provided, Consultant shall he paid on an hourly basis. Citv Ene:inecr Presence at City Hall: Hom·ly at $120/hr rate. De\'~lopment Review: For services provided, Consultant shall be paid on an hourly basis. E!1'.lli!!:ation vf Applications for potential funds and Grants: The fee will depend on the required scope by the funding program. A scope and fee will be negotiated based on application typ~.: at the time a target funding program and subsequent project is identified. _Cm~il_~l Projects Design and Constmcti.Qn Management: The fee will depend on the type, size, scope and complexity of the project and required lt:vd of service and st~ffing. Caln-ans guidelines will be llSCd in establishing scope and fcc rllilg;es. A scope and fee will be negotiated based on specific project requirements. The above standard hourly rate table indicates that the rates are Eftective through June 30, 2013. To provide further l:!arification, the following sentence is inserted: Hourly billing rates are adjusted annually based on applicable Cost of Living Index. II. The City will compensate Consultant fo1· the Services perf01·med upon submission of a valid invoice. Each invoice is to include: A. Where compensation is based on a percentage of the fees collected, the invoice shall ret1cct the total tees collected by the City and shall indicate the total fee owed Consultant. B. For work perfonm:d on an hourly basis, the invoice shall identify all personnd, the service provided, the number of hours worked, ru1d the hourly rate. \Vherc a subGOnsultant has provided a portion of the service, the invoice shall identify the suhcon~Ltllant's invoice amount, and a copy oflhe subconsultant's invoice will be provided as supporti11g documentation. C. For work perfomJed that will be paid in wholt: or in part by CDBG funds, Cmmiltant must obtai11 the City"s pre-approval tn charge for reimbursable expenses, and such charges must be no more than the approved rates of the LA. County Auditor-Controller. D. Line items for all travel related costs incuned by Consultant in the flUIID!!l perfonnance oftl1e work witl1out markup_ L.~ *4~24-3482-951\4 ''J B-2 I_ EXHIBIT "C" INSURANCE A. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the City Manager or City Counsel, 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 work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a cunent A.M. Best's rating of no less than A:Vfl. Consultant shall provide the following scope and limits of insurance: 1. Minimum Scope ofTnsurance. Coverage shall be at least as broad as: (a) Tnsurance Services Office form Commercial General Liability coverage (Occurrence Fonn CG 0001). (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code l "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (c) Workers' Compensation insurance as n~t~uired by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (d) Professional liability insurance appropriate to the Consul\ant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The inswance must be maintained for at leasr 3 consecutive years following the completion of Consultant's services or the termination of this Agreement. During Ll]is additional 3-year period, Consultant shall annually and upon request of the City submit 1>nitten evidence of this continuous coverage_ 2. Minimum Limits of Insurance. Consultant shall maintain limits of insurance no !ess than· {_a) General Liability: $1,000,000 for each occunence of bodily injury, personal injury and property damage, and $2,000,000 annual aggregate. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. LA#~:rl~-3482-958~ d C-1 (c) A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth in Subsections (1) and (2) above. (d) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Lahor Code of the State of California and Employers Liabillty limits of not less than $1,000,000 per accident. (e) Professional Liability: $1,000,000 per occurrence. B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: 1. All Polici~~-Each insunmce policy required by this Agreement shall be endorsed and state the coverage shall not be ~u~pended, voided, cancelled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice hy Certified mail, return receipt requested, has been give11 to City. 2. General Liabilirv and Automobile Liability Coverages. (a) City, and its respective elected and appointed officers, officials, and employees and volunteers arc to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by CollSultant. The coverage shall contain no special limitations on the scope of protection :~ffordcd to City, and their respective elected and appointed officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute wilh, Consultant's insurance. (c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers. t,\ #-ISN-.<4"!2-~0~4 '' C-2 3. Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City. and its respective elected and appointed officers. officials, employees and agents for losses arising from work perfonned by Consultant. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that ConsLlltant furnish City wil11 copie~ of original endorsements effecting coverage required by this Section. The certificates and endorsements arc to be signed by a person authorized by that insurer to bind coverage on its hehalf. City reserves the right to inspect complete, certified copies of all required insurance policies. at any time. 1. Consultant shall furnish certificates .and endorsements from each subcontractor identical to those Consultant provides. 2. Any deductihles 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 Consultant 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 Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements ofthis Agreement L" #4824-3~82·9584 v3 C-3 ATTACHMENT C First Amendment ATTACHMENT C FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES by and bern·een the CITY OF TEMPLE CITY, A municipal corporation and TRANSTECH ENGINEERS, INC. A California corporation Dated September 3, 2013 FIRST A:M:END!VfENT TO AGREEMEI"'l FORCONSL'LTANT SERVICES FOR BUILDING CODE ADMINISTRATIOI'•i AND PlffiUC WORKS/ENGINEERING SERVICES BETWEEN TIIE CITY OF TEMPLE CITY, CALIFORNIA AND TRANSTECH ENGINEERING, INC. This First Amendment to Consultant Services ("First Amendment"), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city ("City"), and TRANSTECH ENGINEERING, INC. a California corporation ("Consultant"), as follows: A. B. c. D. RECITALS City and Consultant entered in a Consultant Services Agreement on July I'\ 2012 ("Agreement"). Th~ Agreement provides that Consultant will provide building code administration and public works/engineering services. Section 2 and Exhibit "A" of the Agreement provide the Scope of Services to be performed by Consultant. Section 4 and Exhibit ''B'' of the Agreement provide the compensation percentage and hourly rates. This first Amendment modifies Section l extending the term through JlUle 30, 2016, and modifies Exhibit "B" to provide the City a monthly credit for building services provided by Consultant. OPERATIVE PROVISIOJ\'S NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. The Agreement is hereby modified and amended as follows: 1.1 Section 1 "TERM OF AGREEMENT." shall be extended for three (3) years commencing July 1, 201J, subject to early termination as provided in Section 20 "Termination of Agreement" of this Agreement. The term may be extended by mutual agreement of the parties memorialized in a written amendment to this agreement. 1.2 Exhibit "B" Section I "TRA."'\ISTECH ENGINEERS, INC. STANDARD HOL"'RLY RATES" shall be modified as follows: -2- EXHIBIT"B" COMPENSATION TRANSTECH ENGINEERS, INC. STANDARD HOURLY RATES Effective July l, 2013 through June 30, 2014 Classification I Hourly Rate I Ranges Senior Engineer $147 $162 Project Manager $142 $157 Project Engineer $132 $147 Staff Engineer $117 $132 CADD Designer $96 $112 Planner $127 $142 Transportation Analyst $117 $132 Plan Checker $86 $101 Construction Manager $142 $157 Inspector {PW) $86 $96 Inspector {Building) $66 $76 Engineering Technician $61 $71 Admin istrativE'./Cierica I $46 $56 2-Man Survey CrE'.W $193 Funds Analyst $106 $117 Building Official $122 City Engineer $122 Inspector (Building) $76 Permit Technician $56 ReimbursablE'. direct E'.xpenses arE'. billed at cost plus 10% for administration fee. Credit on Bu!lding Official SE'.rvices: Based on 24 hrs. /week office presence of Building Official, 14 hrs. /month from Building Official hours wl\1 be credited to the City for over the counter plan check fees paid to Transtech at 55% oft he fees collected by the City. In case the office hours are for Bullding Official for over the counter services increased or decreased, the credit amount will be prorated accordingly. -3- I 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged Except a~ specifically modified and amended in this first Amendment, the Agreement rcmflins in full force and effect and binding upon the parties. 2.2 Integration This First Amendment consists of pages 1 through 5 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements bet\veen the parties with respect to all or any part of the transaction discussed in this First Amendment. 2.3 .l!:ffective Date. This First Amendment shall not become effective until the date it has been tOm1ally approved by the City Council and executed by the appropriate authorities of the City and Consultant. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 2.5 Referen~es. All references to the Agreement include all their respective !enns and provision~. All defined terms utilized in this First Amendment have lhe same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. IN WITNESS '-"'HEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first \.\Tirten above. ATTEST: •') I'~/) hA,· Ci'hh !\ i<'v1.1 /i) Peggy Kt(~, rtltJ-_tlerk CITY: THE CITY OF TEJ\1PLE c;ITY i/ / )"~"\~,.,/" By: f : Jose P~lidQ7 ;::;1ty Manager -4- APPROVED AS TO FORM / / /-" ~ Ry· /H<f'"i,__..C:..~).:- N1lme:Z::!J\e (kn_· ,:., Title: .L7r 1;-~1 CONSUTTANT~ TRANSTECII ENGINEERS, NC_ !"'~-.., n/~, (' By /:d2;··::> ~A-- Name: t_\ l {__ -2 • ., v~ ....;: ( Title: Vc·)rt_::> ! /J ~.:L-\ I ,j, STATE OF CALIFORNIA COUNTY OF LOS ANGELES On ':; .. · i u· · _,. __1_,2013 before me, Jennifer Venters, Notarv Public , personally appeared 1·.; ., ,;_J_ f.._r -·.c., ____ who proved to me on the basis of sa-tisfactory 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. WHEREAS my hand and official seal. ( {Signa-ftif-e Of Nol'a,:Y PubliC) , I STATE OF CAUFORNIA COUNTY OF LOS ANGELES On .:-;: r-h""' 1,,_ '1 ,2013 _bef?rc me, Jennifer Venters Notarv Public , personally appeared A\ :•--·-.,~ who proved to me on the basis of satisfactory evidence 1o be'Jthe person(s) whose name(s) isJare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaclty(ies), and that by his/her/their signature(s) on the instrument the person(s), or !he 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 official seaL ( (Signal~fe of Notry PubliC) ATTACHMENT D Second Amendment SECOND AMENDMENT TO AGREEMENT FOR CO:"'SULTANT SERVICES For Building Code Administration and Public Works/Engineering Services by and bet\veen the CITY OF TEMPLE CITY and TRANSTECH ENGINEERS, I!\ C. A California corporation Dated April 5, 2016 SECO:\'D A.\'1ENDl\-IE:-1T TO AGREEi\-IENT FOR CO.'l'Sl:L TA~T SERV-ICES lh15 S<·.:ond Amem.lm::m tu Agn:c:mwt ((ll" CDnsultant Se1·vic:cs for Building Code Admini.-,tratilln and PubHc Works:'Fnginccring SerYke3 (":-iccond .'\mcndmcnt"), which is dated fm rdl:rencc £ts indicated on the cowr page. is hcrt:hy entered into hy and bc:tween ;he CITY OF rE\H'LE CITY. a Cal:fllfnia dwrtcr cit1 ~-·Citl ··J. J11d TRX'\STECJI Fi\(i!);J-.FRS. !~C.. a California corporathm ('"Consul tan:'·). as iol!o1>< A. B c. HJ-:CrL-\LS City ;md Cc•nsultunt entered in ;m Agreement Cur Consultant Scrvlr.:es for Building Code .-\dministration and Public Worb/Engin,xring Sen•ices on July l. 2012 (''Agr,cemcnt"') lh<.: Agreenwnl proYi(ks ;hat ConstJ!rant 1-rill pn)\"ide Buildiog CPde admiltistnllion sctYices and pltblic 'Yorksi<:llgiucering sL·n·ices to City. Cit\ <llld C:c>nsultant enten·d in a Firs: Amcndnv:r.t to the .-\grecmenl 011 September .3. 201 J The First Arm:ncln'Cill extended the 1-.:rm of the ;.\g:rcc-mcm t0 .lunc JO. 2016 :mel noc!iticd tf1e ;wurl~ rate~ Con~ubmt clwrg.:s for the Services. This Second Am,;,ndmc:JI fltnh~·~· ;m1<:m.b tbc Agreement to extend the term for one C~d:!l~imMI )'~";lr through ;\l!lc 30. ::'017, and lo urdate the houri; 1·.1tcs Cun~ubnl( may chargs· f(lr th-..' Sen ic~~. OI'I::RATIYE I'IWVISIO~S "\'0\\'. TllEREFORE. in consid~rati,)n nf the p:·umiscs made and recited l1crcin. the p;trti~s do he:·;;h:-.::n:cr i11w this Second .'\!Dcndm<.'m 11-htch modif1cs :md ;·llm:nds th~. \g:rcem(;T,t Js folk1•,s. A:\·JEr>;D:\IEXL fbe Agr.ocnh~n: is ltl'r.:-by modified and am~nd...-J as fOllow~: 1.: .2 TERYJ OF AGHEEMEi\T. Section 1 of the Agreement i3 hcro.:by nmenJcd 10 r~·ad as f{ll!ows: '·The •.crm of this t\grecm.:nt shall be through June 30. 2017. subject tD ~:a:·l~ tem1'na;im1 as pruvi<kd in Section 20 "Termination 1)1' Agreement .. of this .-\grccrn<:lll The lenn m"y be l"Xtcntkd by mutual a:;rccm<:m Dfthe par1i<:s mcmorie~liJ:ed in a writtCil <tmcndmcnt to this J\grccwcnl ... CO.,JI'L'\SAT!O:'\. TRAI\STECH [7'\Glt\'EERS, I:'><C. STA:\'DA!W H01!HLY RATES. Scction 1 <1f L\hibit "Lr· of the Agrt:cnK·nt i~ hereby amended to r~plncc the tahl~ ofbowly raks 1\ith ;h.,· rOilm\ing· ~ 1 ~ TRANSTECH WG!NHRS, INC. STANDARD HOU~lY RATES EffE(tive July 1, lOH through !una 30, 20l5 Adjusted H per los Ante!es·River>ide·Oran,e Coun\y Consurn"r Price lf\clex·AII Urb~n C:cf\sumero ("C:PI-U") C/a;,/fic"tiol' Hovrly P.ufe llonge~ s~ ,-, o· [n~in~~~ ~~~ H·G ~;vj~<t f/~o-,o?~: T :4•0 ll'l Pwjur fn.:in,'~' • :\5 15: '.le~li Engi:-~er ;20 u~ ,-•\DD D~s.~ncr ,.,, "' PlonnN ~lO 146 Trar:O<><Jrt<':k•n ;..,·,Ji-,'\; ;2•) 13~ '''·"' (h'""'-'"' i'-8 l(J i"<>r•<.t!unicn rvl~ndf,2' :-<~ Lt! ~;r~co• \P¥V) ~B q'? tH),i"COJ !f<.HJdi<,~J ""' 72 £n;;;·n~(oting, T ,•,:hn.•.i.<n 62 '" "d'"'" "'''"' ·-~!·.l.etu o' ' 4"' 57 2 M~n SLW,('y (r I 108 ·c.n+c.n,•ll';t l0C1 120 au,ldir\i; Ofr_, ... ,, i 125 Cit1· <ng•n•'·'• I IF· Jr•CP~Cl<-·l !l<".ll[dit'•~l 73 P~, '";t T~dnici,, .. , " fkimiJt!!Jabl~ Jir~ct ~~""'"~' ~r~ billed~' co>t plw. 10% ft:,, ""- fr~dil ()n P.£-l n;; (tWc.ol SErvic~; B~<ecl on 2--ll't'c/w~~l. •:-!'''~ !""''"''"~of Ehnldin,; Oiiicioi 1~ li" month f"l"' e_,,:;;,"~ Cff,cul houco ,.,-•J b~ :.-,:cH(",J t'-· m~ Cr, b, o· ~' ne-'""'''~' 1:·1~,-, .-h-od-if~' Mtd to Trant"'' .v ~.s·> of ;J·-e foe~-; ccd~._.ted ~ .. "h0 i>ll" In c.>>·' tiif oq",<:<-''""-"" M~ 'or !>c .. iJ,ng C•lfic:_,· br vve ttle-(Qc nkr !d'•'c~; ;,"r~a;ed or d"cr~;;,~d. ll'e («!(lit ?~,-~~·lH''-'dll>c' Pr•H}.';--d <>r•:or~!::.~J:. ···-~·~-------- n,. "bo•,•' f<-,• .,,;j ::,._. o-:Fusted e"Ch ,-~." !<h );t ·" ,,._., CPI ·U !mll'· oOJh of I ;:~~-::,'~J-~:~~-J[f;;;:il -2- 2. GENERAL PROVISIONS. : I H.cm:limln l:ndmn~ctl. E:<cept il~ spccitic,llly modili.::d ;md amend.:d in thi~ Scl:ond Amendment. the AgrL·cmcnl rcuwins iH full 10m.· ;mJ ciTcL"t and binding u;xm tlx panics. 2 2 lutcgr:1tion Thi~ Second Amcmlrm:m eonsisl> of p::~g.:~ I thmugh ·~ inclusive. \\hich c<lll'>lituk 1hc entire umkr~1anding and at1rcentent or the parties ;md mperscdts ~til neg_o'.1<1tiuns or prnious o~J'-''-'mc•nts bcnvccn the p:mic-; \\"ilh rcspcc11o all or .my pm< of the transaction disct:ssed in tl1is Seco:1J Amendment. ..: .; Effl•ttin: Date. This Sc~ond .-\:n..-::1dmcnt sll:lllno\ hccnme ctTecliH: until thc dare it l1as been IOnnaJiy appm\'cd by tho> City Council nnd ,·:--;ccuted by the approprioJc authmiti~s Dl"the Ctty and Consultant. 2..-l-Applicahlc Law. The Ja1.1S of lh~ Stale or C<1lifornin sh~ll govern the inkrpn:t<~tion ~md cnl'or~·cmcnl u!"thi> s~cond Amcndmo:nt. 2.5 Rcfen•ncc~. All rci"'cr~nccs to 1hc :\gTccment tncludc nll thc•ir respective t~rrll~ :.md pruvi~ion~-All Jcfino:J terms utilized in this Second Amcminwot lca\·c tht• sam.: rr_e,ming as pH>I·ickd in the ·"grccrncnt, unk~~ ~.\f'f~~sly ~\atcd to tlw contrary in !his Second '\mcnJmc:1t 1:-.; \\'IT\'ESS \\'HEREOF. the rurtics hL·rclll huH~ e.\ecuted this Sccottd Amendment 10 the Agr~erncm on the dme <md year 1irst writt~n aben~ ·3- CITY: THE CITY 01: TEMPLE CITY B~ /r~---Bry<Ln Ctlok. City :\lelnagcr -'\'!TEST () x~,k-/2~<-~ Pct<gy J1{;;;~1=:it~·~(~l~"~.,::::::oc_ ____ _ i\PI'ROVED ,\S TO H2.RAf ~7/Z/~ 7--±:~cC::!.-/::.___ __ _ Eric S. V~iL City t\ttorni:y NOTE: CONS\_~!."1':\NT: TJz_A.:'SllTH ENGJ::--.:EER~. J);C:. (~-/ ) By ~-/'_ ,. NmnC': b. ll1n c____. :~'I {I ? \ '' • •J A ,) fltk. i' .~"-10{;_~-""-.~·?4''4---- . " tl;· ___;_;..<./. ( __ _ Nmm·: -·/:;c.-::~:_.-:. ~ . ~~- . . -. 7-7 ,....--J---'. / _/;'". ~ .... / ' fnle.____:.2~ . .c.-v~':'r . ~r .... -...-.-. / 0 -. / 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- CALIFORNIA All-PURPOSE ACKNOWLEDGMENT ·:~.;.;~~'<<<<·<:.-;::-.--:-:-.-:--:·.-;::-.;-.-::-.~c-:.;~v;->;-v::.-: ;...-:_-..;..-;;:..-:...;..·%y:v::: >c:-'>:~><0Y>;v;,_-_.·:-;~.--y;:;:_.c:-::::~-<-:C::,~·..;:-.-:-;.;::;:.·.c-;::>;·<'-;---::--;v:;- ----------------------------------------- A not~ry public or other officer completing this certificate verifies only the identity of the rndividu~l who signed the docurnent, to which this certificate is attached, and not the truth'ulness, accuracy, or validity of that document State of c~lifornia l County of Los Angeles j Oc_L~~~-"~-"~~ bdore me, personally appcored . .<:; \I ,-__.>-·-'-~, \ r v +.-cr ~/; j, r) --~~ cv f 1.-\',·- linHcr Nome ofNalar}' P.Jtl!r: and f:lle/-' who proved to me on the basis of satisfactory evidence to be the person(s) whose nilmc(s) Is/are subscribed to the withrn instrument Jnd acknowledged to me that he/s1e/they executed the same In his/her/the'r author-zed caoacity(ies), anC th<Jt by his/her/the•r signa:ure:sJ on the mstrument the pcrson(sl, or the entrty upon behalf of whrch the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY und!:'l the iaws of the St~te of Californi~ that the fo1egoing par~graph i5 true and correct WITNESS my hand ~nd offrc•al seal. __ .·; ;! i/J Signature U:!..d-4;jj_, __ .)j_/>i"-m; Pio'e r,oucy s~a' libo,·e / fs;row·~ of t.orO"~'~'"";'~'""! ~---- ----~-~----OPTIONAL 1' / Though rne informacion is not required by ia-'1, it may prove va''-'Joie to pe.-sons relymg on the documenr an:J could p,-e..,ent fraudulent rerruv3! af'd reattach'7!eN of this (arm to another document Description of Attached Document T1tl~ of Type of D·)CUr:-.,;nt: ~;;;;:--======== Cocument Date:-Nvmb<or of Page~: 5igr>er(5) Othe-Th:an Named Abovt!: ---------··-··-- Capacity(les) Claimed by Slgner(s) S1gner's N~me 0 lnd.vrduai C:: Corporate O'ficer-Tltle{s):_____ _ ___ _ [:-; Part.,er C _ L·m.ted ~ General 4 i j i # Attorney T fact , Trustee __ Guard'iln or Conservator ~ Other:--------- s,gner JS Representing Slgner·s [J :mi•vidu<~l 0 Corpar~te Office"-T1tie(s): 0 Partner C Um,ted 0 Gener<JI f 1 If J!:1 Allomc=y Fn FdtC Trustee U Guardian or ConsGrvator C Other Signer is Repre!>entlr>G' _____ j ~------~".:S:;;;;-.;:C; _-->>;: ;~_;._,,;?:~:_o~-.;c-;~0-',.._,;S:;-·:.-';::-:.C;'·;::-;.~-;:._Y;:.:::._v~,~---;:::2.::_~>.~-;:"__::,·_~-;:.:-;:::.::::;:::;_-;::::.::_<: :';O:~;::-;::::;::-;:-o=c:::c-;c.u__::,v;;-;:::::~;::;-~_::;-~;;: ' .... , ____ ~ CALIFORNIA All-PURPOSE ACKNOWlEDGMENT ./"Yv'-.~'<:;.·C<·-"Y,·/":-.;V.--•:-:._<-·:<-.<-,:~C· _.-::.·:·.~·:'-->; -;::.;:->:v:://:: .J:< >>->-<<•;:' ~-: <;<->...;:v;_ :·_-;:._;:_v>c·-f ;-.·:/->:C< ,;<•->>"• A notary public or other officer completing this certificate verifies only the identity of the indtvidua, who signed the document, to wflich thi> certificate is attJched. and not the truthfulness, accuracy, o; validity of that document. State cf Califcrni3 1 County ollos Ange:lt>> f Oc _ before me, --personally appeared !) ,, --·J ~ : ~" / ~ ~"\·;~:~;: Nam~:::a~~:;.rao:\;;~; '1' { 'v \If' who proved to me on the bas1s of satis'actory evid!'ncF to be the person(>/ whose namels) IS/are sub5<-nbed to the with-n instrument and acknowledged 10 me that he/she/they executed the same in his/her/their authoriled capacity(ie~), and that by hisiher/their >igratuce(o) on the imtrument the person('i), or the entrty upon b\:'half o' which the penon('i) acted, executed the ins:rument I certify U'lder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and conect. WITNESS my r·:oc~ '<eta!/ ::~G! Aba"e Signa:ure ''~;f'1f:;,:;;t;~;;;~~';"'""'----······· - ---·--~·-----OPTIONAL ~"'"·-~"--"-'L---------·- Though tne mtormat11Jn rs not req1;irea by ;aN, Jt may provo vaivaD!o w pcrs:Jm; reiymg on the doc.Hnent and could pro:ven1 rra~·du/,z,nt .~emovai ,;v'd noartx;h'T'e.~t of thts fcrm w anath;,r documenr. Description of Att<lched Document Trtl" ·~f Type or Docu'T1ent: ------·~ --·--------- DQcument Date N.mi!wr Qf Pages S1gner(s) O:her'h<Jn Ni!m<Od Above;---.. ·-··-·---------·- Caplldty{iez) Claimed by Signer(s) Sr\)llcr's Name:-·-···· .. -.. --------··~·~-- L.J [ndlviduol 0 Corporc;te. Offl:d-T•lle(s)· ---·· ------~ Parcr1cr = L•mited C Genercll ( g I\ $ Attorrey 1'1 f-act Tru~tee Gu<Jrd1an or Conservator -· Ot,.,er: ------- S,gner ,; P .. epreserting Slgn(·f's CJ lllCiv<tlual Corpor~te Officer-True;sj: Parw<=r C L•rr;ted 0 Gene"al ":l!:::::l::!:::l Attorn,;y rn file!:: !II! ::J Trust~e LJ Gu~rdi<>n or Corsen.<atcr C 0\Ct;;r: S1gnu 1s Representing: " .,·~"-C/' c .. ;c CC·<>'':;->:-::,."-;:';c:·~~~>.::-.J:~";:.;.; ''S·:-;: :~C::·.~';{;~;;;<: :, :-::; .. ,>::: C:C:·;;::•)(.::C": ::C<:,;:, ~~)-);;:;:: ~-~':: :-;~ ::-;:;-;: -:::..•:.: ~'···:::·<:~;~.;_'-: ATTACHMENT E Third Amendment THIRD AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES For Building Code Administration and Public Works/Engineering Services by nnd between lhe CITY OF TEMPLE CITY and TRA.'ISTECH ENGINEERS, INC. A California corporation Dated June 15.2016 THIRD AMENDl\'tENT TO MlRF.EME0iT FOR CONSULTING SERVICES This Third Amendment to Agre~mem for Consulting Services t"or Ruilding Cod~ Administration and Public Works/Engineen'ng Service~ rThird Amendmen("), which i~ dated tix reference as indicated on the cover page. is hereby entered inco by and between tb..: C!TY OF TEMPLE CITY. a California charter city (''City"). nnd TRA:-.:STECH P:!'\Gl\'EERS. INC.. u Ca!ifurniJ corporation !"'Con;;ultant"). ~ts follow_,. A. " c. " RECITALS City and Consultant emen:;d in an :-\greem<.:'nt for Conbulting Serdces on July l. 201:2 r··Agrccment"J. The Agreemt!m provides that Consultant will provide Building C0de Administration and Puhlic Works/Engin.:ering Services w City TilL' .-\gr..'l.mlent \\'Wl .1mendeLi hy tho.:-First Amendment O'l September Y,. 2013 t"First Amendmenn. nud funho.~r ~mended hy the Second Amendment on April :\ 20 J 6 (''Second AmendmeJll"). Section B of Exr-dhit "C' of the Agreement pn.ll'i.Jcs f~1; Genaal Liability and .-\uton·,obik Liabiiity Covet'<lgc. Section B. Sub Secticm 2 \h) of Exhibit ··c' c1 the A .. grecmi'nt prmideb th:Jt Consultunl's insumn.:e coveruge shall be primary insurat1cc with respect IL' City. and its resp..octive ekcted and appointed oflicers, officials. employees and \·olumc.-rs. Any insuro.nce Of self insumnce mmnt•lined by City. and its respecrivc elected nnd :;ppointcd olliccrs. offici a b. employee~ or \-olunteer~. shall apply in excess of. nnd not comribme with, Conw!w.nt's insurance. Thc. partie~ desire to modify the AQrcemcnllo pnwide that City's imuran.:c co,·cra§C ~hi!ll he primar; insunmce with t6pect to City. and its rcspc..:ttvc ekctd and appoimcd olficer.<,, o!lici,1ls. employees and vnlimt,~er' with n:~pcct to r\utomLll:'1ile Liability Cover.tge whik Consultant\ employee is Jri\·in,g a City vehicle \Yhik assuming the duti;;s of a Building ::.nd Cod<' Jn~p~ctor!. OPERA TIVF. PROVJSIO:-.rS NOW, THEREFORE, in ..:un~iJcrmion of the promi~,~~ made and rccit<:d hercm. 1he parti<'s do here b) c:ntcr into thh Third Amendment which mndifies and amcmh lne Agreement ns fnll0ws Al\fEl\'D~IEI'\T. The Agr~cment is herrhy mudil'kd and am.:ndecl ~' :'ollol-'i~: 1.1 General Liability and Automobile Liahilily Cowragc:1. S\)cliorJ R. Sub ScctitHl 2 (hJ of Exhihit ·'C ·of th~ Agrc~mcm ts bcrchy ounendcd h' read in whole,,, folli'\\s,: Con~ultan!'s insur;m;;e L'tl\'erage ~hall t>e primary in~uranc~ with re,pen to Cily. Jltd it' de~.--r.ed and appoinled officer~. ofl'i'c.·iJb. L'lllploy~.-"C' and 1-ol.mto::ers .. -\ny in,unlllcv or \dl' mwrance uwimnined hy tile Cily, aml ib elc<:tt"J anJ appoimed oiilccrs. uJTiei:th. employee> or volunteer,, shall apply in exc-e~s of. and not contribute 1~ith. Cons.ullnnt's imurance. \Vith respect tu Autom1;bik Liability Co1cragc: and only whik Con,ultan1'; employee is Jri,·ing 11 City vehicle wht"t·. assuming the dutie~ of a Rui!Jing :md Code !n~pec:tor l. City'> coverag~ shal! he primary with rcspe..:t to City. ~nd its e-lcc1cd >lllJ appointed olfic:crs, official<.. c·mploye~;, a:1d nJluntccrs. ~tnd any insur:mc~ or selt in<.urance m:>intaincd by the Consul tam. and its dcl'ted and ;tppoilllcd officers, officials, employees or volnntc<:rs. shall Jpply in cxce~~ nf. Jnd nnt contribute \~·i!h. City's covemge -2- 2. GE.i~ERAL PROVlS10:"JS. 2.1 Remainder l;m•hanged. Except as ~pe~·ifically modified :md am,;ondeJ in this Third Amendment. the Agreement remains in full force and effect and binding upon the parties. 2.2 Integration. This Third A.mendmem consists of pages I through 4 inclusive, which constilul~ the entire understanding ;;nd agreement of the partie~ and supersedes all negmi:l(ions or previous r-.greements between the partie~ with ~~peer lO all or 1my part of the Lran~aclion discu;,sed in this Third Amendment. 2.3 Effeetive Date. This Third Amendmcm shn!J not become cffectil'e until the date it ha~ been executed by the appropriate authoritie~ of the City and Consultant. 2.4 Applicable Law. The laws or the Stntc of California shall govcm the interpretation and enforcement of this Third Amendment. 2.5 Referenc~s. All fl~ferences to the Agret"ment include al! their respective tenns anJ pr0vJSwns. All defined terms ulili?ed in this Third Amendment have the same meaning as prO\ided in the Agreement, un!cs.<, e:>i.pressly stated w the contr<try in this Third Amendment. I:\' \VIT:'\ESS \\'HEREOF. tl1e parties heri.':LC have c•xecutci.l this Third Amendment to the Agreemt'nt on the d~ne and year first written abo•·e. -3- i ! xrrEsT: i} 1/J £,£-" f I I .,x.-v :f y >, !'V"L . .-t.A:l Peggy KUl),tt'ilyX':bk APPROVED AS TO FORJ\:1: d~ // ;{/ / _-/ / -I I ?::@2"' I ....-~ EricVvfl~ CITY: THE C!TY OF TE~WLE CITY -~ By· / _,//?-2.-------" Aryan Cook. City Manager CONSULTA.;o.;T TRA.'\JSTECH ENGlNEEHS. INC. f 1 By: __ / j ...{.v~.-----.. - By: Name· OKUA Ue.,...,;.-.:.; Titk· A...tho--,t.~J Prry:4 U.M"f~" N,omc: Title: ( -r~ /(1 ' ( lv\~·J~ i A'i< A· )t:--Fk-"PQ:>o~ (WLo,l-),d t?(~yof ~~- NOTE: 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 CONSULTANT'S BUSINESS ENTITY. ~"-LA-c:&--; 1\.;:x+ , Vi f''Jl<t o: .! Nll'f\IHi -4- ---- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ' •C{'<~O--c_'c<:&K<,;:;-,,.,_•-.'0;:{.£<e.· A nctary public or other off<cer com;;letrng this ~erlif.cate vellfre~ only the identity of t1" indivrdwll who signed the Clocunent ro whicr this certiiicats rs mta~hed. and not the lruthblness, accuracy or ;·ai·drt:,· of that docum~n!, State of California County of ~"')tL.-, rp); (' n,,z.:\," (..'' On C · :Z 2 · \ l-~ Defore mE', '-, -\; fl' !~;ff, ~IU1Af\Y p, IHi :( Uate personally appe'.lred Here lnsen Name and Title of the Officer (_;k:c._ ~ "\)« c,-, L Q L., ·--:-:c----~· ,.Nmne(s) of Signer(s) 1\·ik C(Q_c:.._..--;;_,,.----.... ' who proved to me on the basis of satisfactory evidence to be the person(s) whose name{sj -«J/are sub5cribed to the within instrument ;md acknowledged to me that h-6/ohe/they executed the same in h.s.!l:wfitheir authorized capaciW(ies}. and that by ~eritheir signa~ure(s) or the instnJment the person(s). O' the entity upon behalf of whic::h the pecson(s) acted. execwted the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the !oregoing paragrap.'l is true and correct. WITNESS my han sf. atid-~ff,cigl-¥--, / L,/ / ' 'I' . '~./. ./ ~\ ' .. Stgnatyre--.--=:·.<: _ . _ ..___ ~-~" .L ( ___ -~ ~. gniiture vf Notary ,0 uc/rc S~)-At, M_ ['I'Jf~N, NDTI\RYPllfiJIC Pla:e Notary Seal Above OPTIONAL---------------- Though thiS section is optional. completing this infonr;ation can deter alteration or t.he document or fraudulent reattachment of tnis form to an unmtended ooc:..mer;t Description of Attached ~ocurnent 1\_D f-\-1r,(L,-..,;.\ on<"<~ \\/ r::: .• f~::_ G,,--<iA>;,_l:il'--·-"?-J0· Title or Type of Document_;.---_ ~---.... ·-----------~------_ (-( ~ Document Date:---~? .. r~umber of Pages: ~ Signer~sj Other Than Named Above Capacity[les) Claimed by Signer{s) Signer's Name: "~<;;):-::====== ::::J Corporate Officer Tltle(s): Partner---Li:Ttited :___;General _: hdi\'ldual -~Attorney in Fact :___~Trustee =Guardian or Co'lservator -1 Other: Signer Is ReprAsenting: S>gnw's Name:-· cTiti;;(,f':====== -Corporate Offic~· -Tili!:!(S) -Partner -_ Limited General ·Individual _Attorney in Fact :.-Trustee -Guardia'l or Conservator ·-Other: ___ _ Sig~er Is Ropresenting: ·---------- "-=uy,~=_,.;o;-s~;'\;<;.-;:.=c"'-".."""-'<-'Z"~"='¥-, .o;c_zy_,-,"·-·.-.· .... ~z;-;;~<:>_'C.·. ·~'"9""·'·""-''-;<:<..""--"'.G ·"'·'-"'·'"-"--'""'--'"'"~"-·-'-''' • '--"--"·'-"··.,~· -'·' ©?015 Na:ionel Notary Assod<1!10n · w·.w:.NationaiNotary.org • 1--800-US NOTARY (i-80::1-876--6827) ltern #59CJI