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CC SR 20230207 F - Transtech Amendment No.1 CITY COUNCIL MEETING DATE: 02/07/2023 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to authorize Amendment No. 1 to the professional services agreement with Transtech Engineers, Inc. for building and safety permit services. RECOMMENDED COUNCIL ACTION: (1) Approve Amendment No. 1 to the Professional Services Agreement with Transtech Engineers, Inc. to increase the sum by $800,000 thereby increasing the not-to- exceed total agreement amount from $640,000 to $1,440,000 resulting in an annual not to exceed contract agreement of $360,000 for Building and Safety permit services; (2) Authorize the Mayor and City Clerk to execute the amendment in a form approved by the City Attorney; and, (3) Approve an additional appropriation of $200,000 to the Professional and Technical Services account for the Building & Safety Division within the Community Development Department’s budget. FISCAL IMPACT: In response to increased services provided by Transtech Engineering, Inc., approval of the proposed professional services agreement amendment will require an additional $200,000 to the Professional and Technical Services account for the Building and Safety Division for professional services. The additional appropriation supports an increase in the annual contract sum of a not to exceed $360,000 per fiscal year. The cost for Building and Safety services provided by Transtech Engineering, Inc. is considered pass-through, meaning the revenue generated by permit fees offset the expenditures for said services. Amount Budgeted: $160,000 Additional Appropriation: $200,000 Account Number(s): 101-400-4130-5101 (General Fund – CDD Building & Safety/Professional Services) ORIGINATED BY: Lisa Garrett, Administrative Analyst REVIEWED BY: Octavio Silva, Interim Director of Community Development APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Amendment No. 1 to the Professional Services Agreement with Transtech Engineers, Inc. (page A-1) 1 RANCHO PALOS VERDES B. Professional Services Agreement with Transtech Engineers, Inc. (page B- 1) BACKGROUND AND DISCUSSION: In May 2022, the City Council approved a $640,000, three-year professional services agreement with an optional one-year extension with Transtech Engineers, Inc. (Transtech) to provide on-call Building and Safety Division services. Transtech services include the completion of structural plan check reviews, inspections for private development projects and as-needed permit technician support, among other things. Transtech services for the City have primarily focused on the completion of structural plan check reviews for development projects including new residential structures, major residential remodeling proposals and commercial tenant improvements. Structural plan check review is a critical step in the development review process, as plans are reviewed for conformance with state and local Building Codes. Once plan check review is completed, permits for construction are issued. Transtech provides a unique approach in delivering services in an efficient and timely manner with quick turnaround times for plan check services through an electronic submittal portal. The portal provides applicants the opportunity to submit plans and obtain project statuses electronically, reducing printing and delivery costs, as well as promoting seamless communication between Transtech and project applicant s. Table No. 1, below, provides a year-over-year comparison of permit, plan check and fee activities in the City’s Building and Safety Division for the months of July through October. The table highlights a 51% increase in new plan checks and a more than double in plan check fees since Transtech began services on July 1, 2022. The table also notes a 98% increase in total permit fees for the City. Table No. 1- Building Permit, Plan Check and Fee Activity 2 2021 July August Septemb er Octob er Tot al 2021 2022 July August Septemb er Octob er Tot al 2022 Tota l # of Tot al Perm it New Plan Tot al Plan Tota l Permit s Fees C.O ll ected Checks Check Fee.s Fees 165 S &3,818,00 31 S 21 ,341.00 s 105,159,00 212 SllS,050.00 26 S 27,7 53,00 s 142,803 ,00 190 $134, 759,00 23 S 24,057.00 s 158,816 ,00 118 $102,493 ,00 29 S 19,154,00 s 121,647 ,00 685 $436,120 .00 109 S 92,305 .00 $ 528,425 .00 Tota l # of Tot al Perm it New Plan Tota l Plan Tot al Fees Perm it s Fees C.O ll ect ed Checks Check Fees 197 $245,462.00 38 S 62,528 ,00 s 307,990 ,00 230 $195,827.00 45 S 39,312 .00 s 235,139,00 216 $221 ,37 5,00 52 S 48,482,00 s 269,857.00 219 s201 ,012 .oo 30 S 42,343 ,00 s 243,35500 862 $863,676.00 165 $192,665 .00 Sl056,341.00 Total Permit and Plan Check Fees Total 2021 :::::;:::;:::;:::;:::;;:::;:::;:::;:::;:::;:::;;:::;:::;:::;::::: October ===:J September ===::] August ::::::J July :::::::J Total2022 October August July J In early March 2022, the Building and Safety Division on-call services budget was determined by the previous two year budgets, which were reduced in response to COVID- 19 pandemic impacts on development applications. As a result, the budget for fiscal year 2022-2023 remained conservative with a fiscal year contract amount of $160,000 for Building and Safety Division professional services. In April 2022, a request for proposals was out for bids before the City Council could award a new contract for Building and Safety Division services for Fiscal Year 2022-23. Transtech was selected, and based on the approved budget, the building services contract sum was $640,000 or $160,000 per fiscal year. Staff anticipated reviewing the services provided, as well as assessing building permit trends, within the first 4-6 months of the new professional services agreement with Transtech to determine if an amendment to the contract sum was warranted. Transtech’s fees for services are outpacing existing professional service agreement provisions. More specifically, Staff reviewed Transtech invoices for July-October 2022, which found the average monthly cost for services to be $27,000, totaling $108,000 for the four-month period primarily due to the increase in construction activity in the City. Based on this trajectory, Transtech invoices for services are estimated to exceed the current existing annual contract amount of $160,000. Therefore, Staff requests increasing the contract sum by $800,000 for the duration of the combined three-year contract and the optional one-year extension resulting in a not exceed sum of $360,000 per fiscal year. The additional appropriation supports an increase in the annual contract sum for the anticipated increase in building and safety services. Table No. 2 below, outlines year-end revenue estimates to be $2,577.918.00, while expense estimates will be $974,826.00. Table No. 2- Building Permit and Plan Check Revenue and Expenses 3 Revenue Budget YTD YE Estimates Bu ildi ng and Safety Pe rmits $ 1,710,000.00 $1,0 35,309.27 $ 2 ,070,618.00 Pl an Ch e ck Per m it s $ 503,500.00 $ 239,545.13 $ 5 03,500.00 Bu ildi ng and Safety SM IP $ 2,800.00 $ 1,713.30 $ 2,800.00 Bu ildi ng and Safety A d m i n $ 1,000.00 $ 694.15 $ 1,000.00 Total Revenue $ 2,217,300.00 $1,277,261.85 $ 2,577,918.00 Expenses Budget YTD YE Estimates Personn e l -Sa l ary and Benefit s $ 708,100.00 $ 295,326.00 $ 5 60,400.00 Du es and Membersh i p s $ 700.00 $ $ 300.00 Prof es siona l Te chn ical Se rvi ces $ 160,000.00 $ 109,142.00 $ 370,000.00 Travel/M ileag e $ 900.00 $ 308.00 $ 600.00 Train i ng $ 4,800.00 $ 2,115.00 $ 4,800.00 Pu b lication and Journa ls $ 1,200.00 $ 1,758.00 $ 1,800.00 Veh icl e $ 3 6,926 .00 $ 36,926.00 $ 36,926.00 Total Expense $ 912,626.00 $ 445,575.00 $ 974,826.00 Surplus/(Deficit) $ 1,304,674 .00 $ 831,686.85 $1,603,092.00 Staff is of the opinion that Amendment No. 1 to the Transtech professional services agreement is warranted as its services have had a positive impact on construction activity in the City particularly the development process. Since Transtech assumed services for the City, Staff has observed a decrease in plan check review time from four weeks to two weeks or less. Project applicants have also expressed an appreciation for Transtech’s streamlined services and the availability of customer support to answer project questions along with their electronic submittal portal. CONCLUSION: Staff recommends the City Council authorize Amendment No. 1 to the Professional Services Agreement with Transtech Engineers, Inc. for building and safety professional contract services. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Do not authorize the contract amendment. This will result in the termination of all Building and Safety Division on-call services once the agreement amount is exhausted and the need to bring on another firm to provide continues building and safety related services. 2. Take other action, as deemed appropriate. 4 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Amendment No. 1”) by and between the CITY OF RANCHO PALOS VERDES (“City”) and TRANSTECH ENGINEERS, INC., a California Corporation (“Consultant”) is effective as of February 7, 2023. RECITALS A. City and Consultant entered into that certain Agreement for Professional Services dated May 17, 2022 (“Agreement”) whereby Consultant agreed to provide Building and Safety Services for three years with the option to extend for an additional one-year period for a total Contract Sum of $640,000 and an annual not-to-exceed amount of $160,000. B. City requires more services than anticipated, therefore City and Consultant now desire to amend the Agreement to increase the total Contract Sum from $640,000 to $1,440,000 over the term of the Agreement and increase the annual not-to-exceed amount from $160,000 to $360,000, at the rates provided for in the Agreement. TERMS 1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a.2.1 Contract Sum. Subject to any limitations set forth m this Agreement, City agrees to pay Consultant the amounts specified m the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $640,000 (Six Hundred Forty Thousand Dollars) $1,440,000.00 (One Million Four Hundred Forty Thousand Dollars) (the "Contract Sum"), unless additional compensation is approved pursuant to Section l.9. Annual compensation shall not exceed $160,000 (One Hundred Sixty Thousand Dollars) $360,000 (Three Hundred Sixty Thousand Dollars). 2.Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement. 3.Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party A-1 01203.0005/851495.2 -2- represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4.Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 5.Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] A-2 01203.0005/851495.2 -3- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation ____________________________________ Barbara Ferraro, Mayor ATTEST: _________________________________ Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP _________________________________ William W. Wynder, City Attorney CONSULTANT: TRANSTECH ENGINEERS, INC., a California corporation By: ________________________________ Name: Allen Cayir Title: President By: ________________________________ Name: Sybil Cayir Title: Secretary Address: 13367 Benson Ave. Chino, CA 91710 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 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. A-3 01203.0005/851495.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthful ness, accuracy or validity of that document. A-4 □ □ □ □ □ □ □ □ □ 01203.0005/851495.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. A-5 □ □ □ □ □ □ □ □ □ B-1 PROFESSIONAL SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and TRANSTECH ENGINEERS, INC. 01203 0001/699503 I EQG B-2 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND TRANSTECH ENGINEERS, INC THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") 1s made and entered mto on May 17, 2022, by and between the CITY OF RANCHO PALOS VERDES, a Cahfomia mumcipal corporation ("City") and Transtech Engmeers, Inc , a Cahfomta Corporation ("Consultant") City and Consultant may be referred to, md1v1dually or collecttvely, as "Party,, or "Parties " RECITALSAI A City has sought, by issuance of a Request for Proposals, the performance of the services defined and descnbed particularly m Article 1 of this Agreement B Consultant, following submission of a proposal for the performance of the services defined and descnbed particularly m Article l of this Agreement, was selected by the City to perform those services C Pursuant to the City of Rancho Palos Verdes Mumctpal Code, Ctty has authonty to enter mto and execute this Agreement D The Parties desire to formalize the selection of Consultant for performance of those services defined and descnbed particularly m Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and descnbed herem OPERATIVE PROVISIONS NOW, THEREFORE, m considerat10n of the mutual promises and covenants made by the Parties and contamed herem and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows ARTICLE 1 SERVICES OF CONSULT ANT 1.1 Scope of Services In compliance with all terms and cond1t10ns of this Agreement, the Consultant shall provide those services specified m the "Scope of Services", as stated m the Proposal, attached hereto as Exhibit "A" and mcorporated herem by this reference, which may be referred to herem as the "services'' or "work,, hereunder As a matenal inducement to the City entenng mto this Agreement, Consultant represents and warrants that 1t has the quahficat10ns, expenence, and facilities necessary to properly perform the services reqmred under this Agreement m a thorough, competent, and professional manner, and 1s experienced m performing the work and services contemplated herem Consultant shall at all times faithfully, competently and to the best of its ab1hty, experience and talent, perform all services descnbed herem Consultant covenants that 1t shall follow the highest professional standards m performing the work and services requrred hereunder and that all matenals will be both of good quality as well as fit for the purpose 01203 0001/699503 I EQG B-3 mtended For purposes of this Agreement, the phrase "highest profess10nal standards" shall mean those standards of practice recogmzed by s1m1larly licensed finns performmg s1m1lar work under similar crrcumstances 1 2 Consultant's Proposal. The Scope of Service shall mclude the Consultant's Proposal which shall be incorporated herem by this reference as though fully set forth herein In the event of any mcons1stency between the terms of such Proposal and this Agreement, the terms of this Agreement shall govern 1 3 Compliance with Law Consultant shall keep itself mformed concernmg, and shall render all services hereunder in accordance with, all ordmances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity havmg junsd1ct1on in effect at the time service 1s rendered 1 4 Cahforma Labor Law If the Scope of Services mcludes any "pubhc work" or "mamtenance work," as those terms are defined m California Labor Code section I 720 et seq and California Code of Regulations, Title 8, Section 16000 et seq, and 1f the total compensation 1s $1,000 or more, Consultant shall pay prevadmg wages for such work and comply with the reqmrements m California Labor Code section 1770 et seq and 18 l 0 et seq , and all other applicable laws, mcludmg the followmg reqmrements (a) Public Work The Parties acknowledge that some or all of the work to be performed under this Agreement 1s a "pubhc work" as defined m Labor Code Section 1720 and that this Agreement 1s therefore subject to the reqmrements of D1v1s1on 2, Part 7, Chapter I (commencmg with Section 1720) of the California Labor Code relatmg to public works contracts and the rules and regulations established by the Department of Industrial Relations ("DIR") 1mplementmg such statutes The work performed under this Agreement 1s subject to compliance momtonng and enforcement by the DIR Consultant shall post jOb site notices, as prescnbed by regulation (b) Prevailing Wages Consultant shall pay preva1lmg wages to the extent requrred by Labor Code Section 177 l Pursuant to Labor Code Section 1773 2, copies of the prevadmg rate of per diem wages are on file at City Hall and will be made available to any mterested party on request By m1tlatmg any work under this Agreement, Consultant acknowledges receipt of a copy of the DIR determmatlon of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each jOb site where work 1s performed under this Agreement (c) Penalty for Failure to Pay Preva1lmg Wages Consultant shall comply with and be bound by the prov1s1ons of Labor Code Sections 1774 and 1775 concerning the payment of prevailmg rates of wages to workers and the penalties for failure to pay preva1lmg wages The 01203 0001/699503 I EQG 2 B-4 Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker 1s employed for any pubhc work done pursuant to this Agreement by Consultant or by any subcontractor ( d) Payroll Records Consultant shall comply with and be bound by the prov1S1ons of Labor Code Section 1776, which requires Consultant and each subconsultant to keep accurate payroll records and venfy such records in wnting under penalty of peIJury, as specified in Section 1776, certify and make such payroll records available for inspection as provided by Section 1776, and inform the City of the location of the records (e) Apprentices Consultant shall comply with and be bound by the prov1s1ons of Labor Code Sections 1777 5, 1777 6, and 1777 7 and Cahfom1a Code of Regulations Title 8, Section 200 et seq concerning the employment of apprentices on pubhc works proJects Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupat10ns Pnor to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any apphcable apprent1cesh1p program W1thm 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a venfied statement of the Journeyman and apprentice hours performed under this Agreement (t) Eight-Hour Work Day Consultant acknowledges that 8 (eight) hours labor constitutes a legal day's work Consultant shall comply with and be bound by Labor Code Section 1810 (g) Penalties for Excess Hours Consultant shall comply with and be bound by the prov1s1ons of Labor Code Section 1813 concerning penalties for workers who work excess hours The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day dunng which such worker 1s required or permitted to work more than 8 (eight) hours in any one calendar day and 40 (forty) hours many one calendar week m violation of the prov1s1ons of D1v1s1on 2, Part 7, Chapter 1, Article 3 of the Labor Code Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 (eight) hours per day, and 40 (forty) hours during any one week shall be permitted upon pubhc work upon compensation for all hours worked in excess of 8 hours per day at not less than one and I ½ ( one and one halt) times the basic rate of pay (h) Workers' Compensation Cahforn1a Labor Code Sections 1860 and 3700 provide that every employer will be requrred to secure the payment of compensation to its employees 1f 1t has employees In accordance with the prov1s10ns of California Labor Code Section 1861, Consultant certifies as follows "I am aware of the prov1s1ons of Section 3 700 of the Labor Code which require every employer to be insured agamst hab1hty for workers' compensation or to undertake self-insurance in accordance with the prov1S1ons of that code, and I will comply with such prov1S1ons before commencing the performance of the work of this contract " 01203 0001/699503 I EQG 3 B-5 Consultant's Authonzed Initials ~ • (1) Consultant's Respons1b1hty for Subcontractors For every subcontractor who will perfonn work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with OIV1s1on 2, Part 7, Chapter I ( commencmg with Section 1720) of the California Labor Code, and shall make such compliance a reqmrement m any contract with any subcontractor for work under this Agreement Consultant shall be reqmred to take all actions necessary to enforce such contractual prov1s1ons and ensure subcontractor's compliance, mcludmg without lim1tat1on, conductmg a review of the certified payroll records of the subcontractor on a penod1c basis or upon becommg aware of the failure of the subcontractor to pay his or her workers the specified preva1lmg rate of wages Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor 1 5 Licenses, Permits, Fees and Assessments. Consultant shall obtam at its sole cost and expense such licenses, penn1ts and approvals as may be reqmred by law for the perfonnance of the services reqmred by this Agreement Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and mterest, which may be imposed by law and anse from or are necessary for the Consultant's perfonnance of the services required by this Agreement, and shall mdemmfy, defend and hold harmless City, its officers, employees or agents of City, agamst any such fees, assessments, taxes, penalties or mterest levied, assessed or imposed agamst City hereunder 1.6 Fam1har1ty with Work By executmg this Agreement, Consultant warrants that Consultant (1) has thoroughly mvest1gated and considered the scope of services to be perfonned, (11) has carefully considered how the services should be perfonned, and (111) fully understands the facilities, difficulties and restr1ct10ns attendmg perfonnance of the services under this Agreement If the services mvolve work upon any site, Consultant warrants that Consultant has or will mvestigate the site and 1s or will be fully acquamted with the cond1t1ons there ex1stmg, pnor to commencement of services hereunder Should the Consultant discover any latent or unknown conditions, which will matenally affect the perfonnance of the services hereunder, Consultant shall 1mmed1ately mfonn the City of such fact and shall not proceed except at Consultant's nsk until wntten mstructions are received from the Contract Officer m the fonn of a Change Order 1 7 Care of Work. The Consultant shall adopt reasonable methods durmg the life of the Agreement to furnish contmuous protection to the work, and the eqmpment, matenals, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence 01203 0001/699503 I EQG 4 B-6 1 8 Further Respons1b1ht1es of Parties Both parties agree to use reasonable care and d1hgence to perform therr respective obhgat10ns under this Agreement Both parties agree to act m good faith to execute all mstruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement Unless hereafter specified, neither party shall be responsible for the service of the other 19 Add1tmnal Services City shall have the nght at any time durmg the performance of the services, without mvahdatmg this Agreement, to order extra work beyond that specified m the Scope of Services or make changes by altermg, addmg to or deductmg from said work No such extra work may be undertaken unless a wntten Change Order 1s first given by the Contract Officer to the Consultant, mcorporatmg therem any adjustment m (1) the Contract Sum for the actual costs of the extra work, and/or (11) the time to perform this Agreement, which said adjustments are subJect to the wntten approval of the Consultant Any mcrease m compensation of up to 15% (fifteen percent) of the Contract Sum, or, m the time to perform of up to 90 (nmety) days, may be approved by the Contract Officer through a wntten Change Order Any greater mcreases, taken either separately or cumulatively, must be approved by the City Council It 1s expressly understood by Consultant that the prov1s1ons of this Section shall not apply to services specifically set forth m the Scope of Services Consultant hereby acknowledges that 1t accepts the nsk that the services to be provided pursuant to the Scope of Services may be more costly or time consummg than Consultant anticipates and that Consultant shall not be entitled to add1t1onal compensation therefor City may m its sole and absolute discretion have s1m1lar work done by other Consultants No cla1IDs for an mcrease m the Contract Sum or time for performance shall be vahd unless the procedures established m this Section are followed If m the performance of the contract scope, the Consultant becomes aware of matenal defects m the scope, duration or span of the contract or the Consultant becomes aware of extenuatmg circumstance that will or could prevent the completion of the contract, on tlffie or on budget, the Consultant shall mform the Contractmg Officer of an anticipated Change Order This proposed change order will stipulate, the facts surroundmg the issue, proposed solutions, proposed costs and proposed schedule 1IDpacts 1.10 Special Requirements Additional terms and cond1t1ons of this Agreement, 1f any, which are made a part hereof are set forth m the "Special Reqmrements" attached hereto as Exh1b1t "B" and mcorporated herem by this reference In the event of a conflict between the prov1s1ons of Exh1b1t "B" and any other prov1s1ons of this Agreement, the prov1s1ons of Exh1b1t "B" shall govern 01203 0001/699503 I EQG 5 B-7 ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2 1 Contract Sum. Subject to any limitations set forth m this Agreement, City agrees to pay Consultant the amounts specified m the "Schedule of Compensation" attached hereto as Exh1b1t "C" and mcorporated herem by this reference The total compensation, mcludmg reimbursement for actual expenses, shall not exceed $640,000 (Six Hundred Forty Thousand Dollars) (the "Contract Sum"), unless add1t1onal compensation 1s approved pursuant to Section l 9 Annual compensation shall not exceed $160,000 (One Hundred Sixty Thousand Dollars) 22 Method ofCompensatmn. The method of compensation may mclude (1) a lump sum payment upon completion, (11) payment m accordance with specified tasks or the percentage of completion of the services, (111) payment for time and matenals based upon the Consultant's rates as specified m the Schedule of Compensation, provided that (a) tune estimates are provided for the performance of sub tasks, and (b) the Contract Sum 1s not exceeded, or (1v) such other methods as may be specified m the Schedule of Compensation 2 3 Reim bursa hie Expenses Compensation may mclude reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer m advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4 5, and only 1f specified m the Schedule of Compensation The Contract Sum shall mclude the attendance of Consultant at all project meetmgs reasonably deemed necessary by the City Coordmation of the performance of the work with City 1s a cnt1cal component of the services If Consultant 1s reqmred to attend additional meetmgs to fac1htate such coordmation, Consultant shall not be entitled to any additional compensation for attending said meetmgs 24 Inv01ces. Each month Consultant shall furmsh to City an ongmal mvo1ce, usmg the City template, or m a format acceptable to the City, for all work performed and expenses mcurred dunng the precedmg month in a form approved by City's Director of Fmance By submittmg an mvo1ce for payment under this Agreement, Consultant 1s cert1fymg compliance with all prov1S1ons of the Agreement The mvo1ce shall detail charges for all necessary and actual expenses by the followmg categones labor (by sub-category), travel, matenals, eqmpment, supplies, and sub- contractor contracts Sub-contractor charges shall also be detailed by such categones Consultant shall not mvo1ce City for any duplicate services performed by more than one person City shall mdependently review each inv01ce submitted by the Consultant to determme whether the work performed and expenses incurred are m compliance with the prov1s1ons of this Agreement Except as to any charges for work performed or expenses mcurred by Consultant which are disputed by City, or as provided m Section 7 3, City will use its best efforts to cause Consultant to be paid within 45 (forty-five) days of receipt of Consultant's correct and 01203 0001/699503 I EQG 6 B-8 undisputed mvo1ce, however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur w1thm this time period In the event any charges or expenses are disputed by City, the ongmal mvo1ce shall be returned by City to Consultant for correction and resubm1ss1on Review and payment by City for any mv01ce provided by the Consultant shall not constitute a waiver of any nghts or remedies provided herem or any applicable law 2 5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects m work performed by Consultant ARTICLE 3 PERFORMANCE SCHEDULE 3.1 Time of Essence Time 1s of the essence m the performance of this Agreement 32 Schedule of Performance Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services w1thm the time period(s) estabhshed m the "Schedule of Performance" attached hereto as Exh1b1t "D" and mcorporated herem by this reference When requested by the Consultant, extensions to the time period(s) specified m the Schedule of Performance may be approved m writmg by the Contract Officer through a Change Order, but not exceedmg 90 (nmety) days cumulatively 3.3 Force Ma1eure The time period(s) specified m the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, mcludmg, but not restricted to, acts of God or of the pubhc enemy, unusually severe weather, fires, earthquakes, floods, ep1dem1cs, quarantme restnct1ons, nots, strikes, freight embargoes, wars, ht1gatlon, and/or acts of any governmental agency, mcludmg the City, 1f the Consultant shall w1thm l O (ten) days of the commencement of such delay notify the Contract Officer m wntmg of the causes of the delay The Contract Officer shall ascertam the facts and the extent of delay, and extend the time for perform mg the services for the penod of the enforced delay when and 1f m the Judgment of the Contract Officer such delay 1s Justified The Contract Officer's determmat1on shall be final and conclusive upon the parties to this Agreement In no event shall Consultant be entitled to recover damages agamst the City for any delay m the performance of this Agreement, however caused, Consultant's sole remedy bemg extension of the Agreement pursuant to this Section 01203 0001/699503 I EQG 7 B-9 3 4 Term Unless earher tenmnated m accordance with Article 7 of this Agreement, this Agreement shall contmue m full force and effect until completion of the services but not exceedmg three years from the date hereof, except as otherwise provided m the Schedule of Performance (Exh1b1t "D") The City may, m its discretion, extend the Term by one additional one-year terms ARTICLE 4 COORDINATION OF WORK 41 Representatives and Personnel of Consultant. The followmg prmc1pals of Consultant ("Prmc1pals") are hereby designated as bemg the pnnc1pals and representatives of Consultant authorized to act m its behalf with respect to the work specified herem and make all dec1S1ons m connection therewith Allen Cayir (Name) Sybil Cayir (Name) President (Title) Secretary (Title) It 1s expressly understood that the experience, knowledge, capab1hty and reputation of the foregomg principals were a substantial mducement for City to enter mto this Agreement Therefore, the foregomg prmc1pals shall be responsible durmg the term of this Agreement for directmg all actlv1t1es of Consultant and devotmg sufficient time to personally supervise the services hereunder All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive d1rect1on and control of the Prmc1pals For purposes of this Agreement, the foregomg Principals may not be replaced nor may their respons1b1ht1es be substantially reduced by Consultant without the express written approval of City Add1t1onally, Consultant shall utihze only the personnel mcluded m the Proposal to perform services pursuant to this Agreement Consultant shall make every reasonable effort to mamtam the stab1hty and contmmty of Consultant's staff and subcontractors, 1f any, assigned to perform the services reqmred under this Agreement Consultant shall notify City of any changes m Consultant's staff and subcontractors, 1f any, assigned to perform the services reqmred under this Agreement, prior to and durmg any such performance City shall have the right to approve or reJect any proposed replacement personnel, which approval shall not be unreasonably withheld 42 Status of Consultant. Consultant shall have no authonty to bmd City m any manner, or to mcur any obhgat1on, debt or hab1hty of any kmd on behalf of or agamst City, whether by contract or otherwise, unless such authority 1s expressly conferred under this Agreement or 1s otherwise expressly conferred m wntmg by City Consultant shall not at any time or m any manner represent that Consultant or any of Consultant's officers, employees, or agents are m any manner officials, officers, employees or agents of City Neither Consultant, nor any of Consultant's officers, employees or 01203 0001/699503 1 EQG 8 B-10 agents, shall obtain any nghts 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 nghts 4.3 Contract Officer The Contract Officer shall be the D1rector of Community Development or such person as may be designated by the City Manager It shall be the Consultant's respons1b1hty to assure that the Contract Officer 1s kept informed of the progress of the performance of the services and the Consultant shall refer any dec1s1ons which must be made by City to the Contract Officer Unless otherwise specified herem, any approval of City reqmred hereunder shall mean the approval of the Contract Officer The Contract Officer shall have authonty, 1f specified in wnting by the City Manager, to sign all documents on behalf of the City reqmred hereunder to carry out the terms of this Agreement 44 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services reqmred herein, except as otherwise set forth herein City shall have no v01ce in the selection, discharge, superv1S1on or control of Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service Consultant shall perform all services requrred herein as an independent contractor of City and shall remain at all t1mes as to City a wholly mdependent contractor with only such obligations as are consistent with that role Consultant shall not at any time or in any manner represent that 1t or any of its agents or employees are agents or employees of City City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its bus mess or otherwise or a Joint venturer or a member of any Joint enterpnse with Consultant 45 Proh1b1t1on Agamst Subcontractmg or Assignment The expenence, knowledge, capab1hty and reputation of Consultant, its pnnc1pals and employees were a substantial inducement for the City to enter mto this Agreement Therefore, Consultant shall not contract with any other entity to perform m whole or in part the services reqmred hereunder without the express wntten approval of the City, all subcontractors included m the Proposal are deemed approved In addition, neither this Agreement nor any interest herem may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the pnor wntten approval of City Transfers restncted hereunder shall include the transfer to any person or group of persons acting in concert of more 25% (twenty five percent) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis In the event of any such unapproved transfer, includmg any bankruptcy proceeding, this Agreement shall be v01d No approved transfer shall release the Consultant or any surety of Consultant of any hab1hty hereunder without the express consent of City 01203 0001/699503 I EQG 9 B-11 ARTICLE 5 INSURANCE AND INDEMNIFICATION 51 Insurance Coverages Without lumtmg Consultant's mdemmfication of City, and pnor to commencement of any services under this Agreement, Consultant shall obtam, provide and mamtam at its own expense durmg the term of this Agreement, pohc1es of msurance of the type and amounts descnbed below and m a form satisfactory to City (a) General hab1hty msurance Consultant shall mamtam commercial general hab1hty msurance with coverage at least as broad as Insurance Services Office form CG 00 01, m an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily mJury, personal mJury, and property damage The pohcy must mclude contractual hab1hty that has not been amended Any endorsement restr1ctmg standard ISO "msured contract" language will not be accepted (b) Automobile hab1hty msurance Consultant shall mamtam automobile msurance at least as broad as Insurance Services Office form CA 00 01 covermg bodily mJury and property damage for all activ1t1es of the Consultant ansmg out of or m connection with Services to be performed under this Agreement, mcludmg coverage for any owned, h1red, non- owned or rented vehicles, m an amount not less than $1,000,000 combined smgle hm1t for each accident (c) Professional hab1hty (errors & om1ss10ns) msurance Consultant shall mamtam professional hab1hty msurance that covers the Services to be performed m connection with this Agreement, m the mm1mum amount of $1,000,000 per clatm and m the aggregate Any pohcy mception date, contmmty date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to mamtam contmuous coverage through a penod no less than three (3) years after completion of the services reqmred by this Agreement (d) Workers' compensation insurance Consultant shall mamtam Workers' Compensation Insurance (Statutory L1m1ts) and Employer's L1ab1hty Insurance (with lumts of at least $1,000,000) (e) Subcontractors Consultant shall mclude all subcontractors as msureds under its pohc1es or shall furmsh separate certificates and certified endorsements for each subcontractor All coverages for subcontractors shall mclude all of the reqmrements stated herem (f) Add1t1onal Insurance Pohc1es of such other msurance, as may be reqmred m the Special Reqmrements m Exh1b1t "B" 5 2 General Insurance Requirements (a) Proof of msurance Consultant shall provide certificates of msurance to City as evidence of the msurance coverage reqmred herem, along with a waiver of subrogat10n endorsement for workers' compensation Insurance certificates and endorsements must be 01203 0001/699503 I EQG B-12 approved by City's Risk Manager pnor to commencement of performance Current certification of msurance shall be kept on file with City at all times dunng the term of this Agreement City reserves the nght to reqmre complete, certified copies of all reqmred msurance pohc1es, at any time (b) Duration of coverage Consultant shall procure and mamtam for the duration of this Agreement msurance agamst claims for mJunes to persons or damages to property, which may anse from or m connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants (c) Pnmary/noncontnbutmg Coverage provided by Consultant shall be pnmary and any msurance or self-msurance procured or mamtamed by City shall not be required to contnbute with 1t The hm1ts of msurance reqmred herem may be satisfied by a combmat10n of pnmary and umbrella or excess msurance Any umbrella or excess msurance shall contam or be endorsed to contam a prov1S1on that such coverage shall also apply on a pnmary and non- contnbutory basis for the benefit of City before the City's own msurance or self-msurance shall be called upon to protect 1t as a named msured (d) City's nghts of enforcement In the event any pohcy of msurance reqmred under this Agreement does not comply with these spec1ficat1ons or 1s canceled and not replaced, City has the nght but not the duty to obtam and contmuously mamtam the msurance 1t deems necessary and any premmm paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premmm from Consultant payments In the alternative, City may cancel this Agreement (e) Acceptable msurers All msurance pohc1es shall be issued by an msurance company currently authonzed by the Insurance Comm1ss10ner to transact busmess of msurance or that 1s on the List of Approved Surplus Lme Insurers m the State of Cahfom1a, with an assigned pohcyholders' Ratmg of A-(or higher) and Fmanc1al Size Category Class VI (or larger) m accordance with the latest edition of Best's Key Ratmg Gmde, unless otherwise approved by the City's Risk Manager (f) Waiver of subrogation All msurance coverage mamtamed or procured pursuant to this agreement shall be endorsed to waive subrogation agamst City, its elected or appomted officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others prov1dmg msurance evidence m compliance with these spec1ficat1ons to waive the!f nght of recovery pnor to a loss Consultant hereby waives its own nght of recovery agamst City, and shall require s1m1lar wntten express waivers and msurance clauses from each of its subconsultants (g) Enforcement of contract prov1S1ons (non-estoppel) Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to mform Consultant of non-compliance with any requirement imposes no add1t1onal obhgat1ons on the City nor does 1t waive any nghts hereunder (h) Requirements not hm1tmg Reqmrements of specific coverage features or hm1ts contamed m this section are not mtended as a hm1tat1on on coverage, hm1ts or other 01203 0001/699503 I EQG l l B-13 requirements, or a waiver of any coverage normally provided by any msurance Specific reference to a given coverage feature 1s for purposes of clanfication only as 1t pertams to a given issue and 1s not mtended by any party or msured to be all mclus1ve, or to the exclus10n of other coverage, or a waiver of any type If the Consultant mamtams higher hm1ts than the m1mmums shown above, the City requrres and shall be entitled to coverage for the higher hm1ts mamtamed by the Consultant Any available msurance proceeds m excess of the specified mm1mum hm1ts of msurance and coverage shall be available to the City (1) Notice of cancellat10n Consultant agrees to obhge its msurance agent or broker and msurers to provide to City with a 30 (thrrty) day notice of cancellation (except for nonpayment for which a 10 (ten) day notice 1s required) or nonrenewal of coverage for each required coverage (J) Add1t1onal msured status General hab1hty pohc1es shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional msureds under such pohc1es This prov1s10n shall also apply to any excess/umbrella hab1hty pohc1es (k) Proh1b1t1on of undisclosed coverage hm1tations None of the coverages required herem will be m comphance with these requirements 1f they mclude any lumtmg endorsement of any kmd that has not been first submitted to City and approved of m wntmg (1) Separation of msureds A severab1hty of mterests prov1S1on must apply for all add1tional msureds ensunng that Consultant's msurance shall apply separately to each msured agamst whom cla1m 1s made or smt 1s brought, except with respect to the msurer's hm1ts of hab1hty The pohcy(1es) shall not contam any cross-hab1hty exclusions (m) Pass through clause Consultant agrees to ensure that its subconsultants, subcontractors, and any other party mvolved with the project who 1s brought onto or mvolved m the project by Consultant, provide the same mm1mum msurance coverage and endorsements requrred of Consultant Consultant agrees to momtor and review all such coverage and assumes all respons1b1hty for ensurmg that such coverage 1s provided m conformity with the requirements of this section Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged m the project will be submitted to City for review (n) Agency's nght to revise spec1ficat1ons The City reserves the nght at any time dunng the term of the contract to change the amounts and types of msurance required by g1vmg the Consultant 90 (nmety) days advance wntten notice of such change If such change results m substantial add1t1onal cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation (o) Self-msured retentions Any self-msured retent10ns must be declared to and approved by City City reserves the nght to requrre that self-msured retentions be ehmmated, lowered, or replaced by a deductible Self-msurance will not be considered to comply with these specifications unless approved by City 01203 0001/699503 I EQG 12 B-14 (p) Timely notice of clauns Consultant shall give City prompt and timely notice of claims made or suits mst1tuted that anse out of or result from Consultant's performance under this Agreement, and that mvolve or may mvolve coverage under any of the reqmred hab1hty policies ( q) Add1t10nal msurance Consultant shall also procure and mamtam, at its own cost and expense, any add1t10nal kmds of msurance, which m its own Judgment may be necessary for its proper protect10n and prosecution of the work 53 lndemmficatton To the full extent permitted by law, Consultant agrees to mdemmfy, defend and hold harmless the City, its officers, employees and agents ("lndemmfied Parties") agamst, and will hold and save them and each of them harmless from, any and all actions, either Judicial, admm1strative, arb1trat1on or regulatory claims, damages to persons or property, losses, costs, penalties, obhgat1ons, errors, om1ss1ons or hab1hties whether actual or threatened (herem "clauns or liab1hties") that may be asserted or claimed by any person, firm or entity ansmg out of or m connection with the negligent performance of the work, operations or act1v1ties provided herem of Consultant, its officers, employees, agents, subcontractors, or mv1tees, or any md1v1dual or entity for which Consultant 1s legally liable ("mdemmtors"), or ansmg from Consultant's or mdemmtors' reckless or willful misconduct, or ansmg from Consultant's or mdemmtors' negligent performance of or failure to perform any term, prov1s1on, covenant or cond1t1on of this Agreement, and m connection therewith (a) Consultant will defend any action or actions filed m connection with any of said claims or hab1hties and will pay all costs and expenses, mcludmg legal costs and attorneys' fees mcurred m connection therewith, (b) Consultant will promptly pay any Judgment rendered agamst the City, its officers, agents or employees for any such claims or hab1hties ar1smg out of or m connection with the negligent performance of or fatlure to perform such work, operat10ns or act1v1t1es of Consultant hereunder, and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom, (c) In the event the City, its officers, agents or employees 1s made a party to any action or proceedmg filed or prosecuted agamst Consultant for such damages or other claims ansmg out of or m connection with the neghgent performance of or failure to perform the work, operation or activ1t1es of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses mcurred by the City, its officers, agents or employees m such action or proceedmg, mcludmg but not hm1ted to, legal costs and attorneys' fees Consultant shall mcorporate s1m1lar mdemmty agreements with its subcontractors and 1f 1t fails to do so Consultant shall be fully responsible to mdemmfy City hereunder therefore, and failure of City to momtor comphance with these prov1S1ons shall not be a waiver hereof This mdemmficat1on mcludes claims or hab1ht1es ansmg from any neghgent or wrongful act, error or om1ss1on, or reckless or willful misconduct of Consultant m the performance of professional 01203 0001/699503 I EQG 13 B-15 services hereunder The prov1s1ons of this Section do not apply to claims or hab1httes occumng as a result of City's sole negligence or willful acts or om1ss1ons, but, to the fullest extent permitted by law, shall apply to clatms and hab1httes resultmg m part from City's neghgence, except that design professionals' mdemmty hereunder shall be hm1ted to claims and hab1httes ansmg out of the negligence, recklessness or willful misconduct of the design professional The mdemmty obhgatton shall be bmdmg on successors and assigns of Consultant and shall survive termmat1on of this Agreement ARTICLE 6 RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and reqmre subcontractors to keep, such ledgers, books of accounts, mvo1ces, vouchers, canceled checks, reports, studies or other documents relatmg to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services reqmred by this Agreement and enable the Contract Officer to evaluate the performance of such services Any and all such documents shall be mamtamed m accordance with generally accepted accountmg prmc1ples and shall be complete and detailed The Contract Officer shall have full and free access to such books and records at all times dunng normal bus mess hours of City, mcludmg the nght to mspect, copy, audit and make records and transcnpts from such records Such records shall be mamtamed for a penod of three (3) years followmg completion of the services hereunder, and the City shall have access to such records m the event any audit 1s reqmred In the event of d1ssolutton of Consultant's busmess, custody of the books and records may be given to City, and access shall be provided by Consultant's successor m mterest Notw1thstandmg the above, the Consultant shall fully cooperate with the City m prov1dmg access to the books and records 1f a pubhc records request 1s made and disclosure 1s required by law mcludmg but not hm1ted to the Cahfom1a Public Records Act 62 Reports Consultant shall penod1cally prepare and submit to the Contract Officer such reports concernmg the performance of the services required by this Agreement as the Contract Officer shall reqmre Consultant hereby acknowledges that the City 1s greatly concerned about the cost of work and services to be performed pursuant to this Agreement For this reason, Consultant agrees that 1f Consultant becomes aware of any facts, circumstances, techmques, or events that may or will matenally mcrease or decrease the cost of the work or services contemplated herem or, 1f Consultant 1s prov1dmg design services, the cost of the project bemg designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, techmque or event and the estimated mcreased or decreased cost related thereto and, 1f Consultant 1s prov1dmg design services, the estimated mcreased or decreased cost estimate for the project bemg designed 63 Ownershm of Documents. All drawmgs, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other matenals (the "documents and matenals") prepared by Consultant, its employees, subcontractors and agents m the performance of this 01203 0001/699503 I EQG 14 B-16 Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termmatton of this Agreement, and Consultant shall have no claim for further employment or add1t1onal compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment Consultant may retam copies of such documents for its own use Consultant shall have the right to use the concepts embodied therem All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and m the event Consultant fails to secure such assignment, Consultant shall mdemmfy City for all damages resultmg therefrom Moreover, Consultant with respect to any documents and matenals that may qualify as ''works made for hire" as defined m 17 USC § 101, such documents and materials are hereby deemed "works made for hire" for the City 6.4 Confident1ahty and Release of Information (a) All mformat10n gamed or work product produced by Consultant m performance of this Agreement shall be considered confidential, unless such mformat1on 1s m the public domam or already known to Consultant Consultant shall not release or disclose any such mformat1on or work product to persons or entitles other than City without prior written authorization from the Contract Officer (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authonzat1on from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depos1ttons, response to mterrogatories or other mformat1on concemmg the work performed under this Agreement Response to a subpoena or court order shall 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 mformatton or work product m v10latton of this Agreement, then City shall have the nght to reimbursement and mdemmty from Consultant for any damages, costs and fees, mcludmg attorney's fees, caused by or mcurred 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, complamt, subpoena, notice of depos1tton, request for documents, mterrogatories, request for adm1ss1ons or other discovery request, court order or subpoena from any party regardmg this Agreement and the work performed there under City retams the right, but has no obhgatton, to represent Consultant or be present at any depos1t1on, heanng or similar proceedmg Consultant agrees to cooperate fully with City and to provide City with the opportumty to review any response to discovery requests provided by Consultant However, this right to review any such response does not imply or mean the nght by City to control, direct, or rewrite said response 01203 0001/699503 I EQG 15 B-17 ARTICLE 7 ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 Cahforma Law. This Agreement shall be mterpreted, construed and governed both as to vahd1ty and to performance of the parties m accordance with the laws of the State of Cahforn1a Legal actions concern10g any dispute, claim or matter ansmg out of or m relation to this Agreement shall be mstttuted m the Supenor Court of the County of Los Angeles, State of Cahfornia, or any other appropriate court m such county, and Consultant covenants and agrees to submit to the personal Junsd1ctton of such court m the event of such act10n In the event of httgation m a U S D1stnct Court, venue shall he exclusively m the Central District of Cahforma, 10 the County of Los Angeles, State of Cahfornia 72 Disputes; Default In the event that Consultant 1s 10 default under the terms of this Agreement, the City shall not have any obhgat1on or duty to contmue compensatmg Consultant for any work performed after the date of default Instead, the City may give notice to Consultant of the default and the reasons for the default The notice shall mclude the timeframe 10 which Consultant may cure the default This timeframe 1s 15 (fifteen) days, but may be extended, though not reduced, 1f c1rcumstances warrant During the period of time that Consultant 1s m default, the City shall hold all 10v01ces and shall, when the default 1s cured, proceed with payment on the 10v01ces In the alternative, the City may, m its sole d1scret1on, elect to pay some or all of the outstand10g mvo1ces dunng the period of default If Consultant does not cure the default, the City may take necessary steps to term mate this Agreement under this Article Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result ma waiver of the City's legal nghts or any rights ans mg out of any prov1s10n of this Agreement 7 3 Retentmn of Funds Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not aris10g out ofth1s Agreement) (1) any amounts the payment of which may be 10 dispute hereunder or which are necessary to compensate City for any losses, costs, hab1hties, or damages suffered by City, and (11) all amounts for which City may be hable to th1rd parties, by reason of Consultant's acts or om1ss1ons m performmg or fa1lmg to perform Consultant's obhgat1on under this Agreement In the event that any claim 1s made by a thrrd party, the amount or vahd1ty of which 1s disputed by Consultant, or any mdebtedness shall exist which shall appear to be the basis for a claim of hen, City may withhold from any payment due, without hab1hty for mterest because of such w1thholdmg, an amount sufficient to cover such claim The failure of City to exercise such nght to deduct or to withhold shall not, however, affect the obhgations of the Consultant to msure, mdemmfy, and protect City as elsewhere provided herem 7 4 Waiver Waiver by any party to this Agreement of any term, cond1tton, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant Waiver by any party of any breach of the prov1s10ns of this Agreement shall not constitute a waiver of any other 01203 0001/699503 I EQG 16 B-18 prov1s10n or a waiver of any subsequent breach or v10lat1on of any prov1s1on of this Agreement Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the prov1S1ons of this Agreement No delay or om1ss1on m the exercise of any right or remedy by a non-defaultmg party on any default shall Impair such nght or remedy or be construed as a waiver Any waiver by either party of any default must be m writmg and shall not be a waiver of any other default concernmg the same or any other prov1s1on ofth1s Agreement 75 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive m this Agreement, the nghts and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by 1t, at the same or different times, of any other nghts or remedies for the same default or any other default by the other party 7.6 Legal Action In addition to any other rights or remedies, either party may take legal action, m law or m eqmty, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtam declaratory or mJunct1ve relief, or to obtam any other remedy consistent with the purposes of this Agreement Notw1thstandmg any contrary prov1s1on herem, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq and 910 et seq , m order to pursue a legal action under this Agreement 77 Termmat1on Prior to Exmratlon of Term This Section shall govern any termmation of this Contract except as specifically provided m the followmg Section for termmat10n for cause The City reserves the right to termmate this Contract at any time, with or without cause, upon thirty (30) days' wntten notice to Consultant, except that where termmatlon 1s due to the fault of the Consultant, the penod of notice may be such shorter time as may be determmed by the Contract Officer Upon receipt of any notice of termmatlon, Consultant shall Immediately cease all services hereunder except such as may be specifically approved by the Contract Officer Consultant shall be entitled to compensation for all services rendered pnor to the effective date of the notice of termmat1on and for any services authonzed by the Contract Officer thereafter m accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided m Section 7 3 In the event of termmat1on without cause pursuant to this Section, the City need not provide the Consultant with the opportumty to cure pursuant to Section 7 2 7 8 Termmat10n for Default of Party If termmat1on 1s due to the failure of the other Party to fulfill its obhgations under this Agreement (a) City may, after compliance with the prov1S1ons of Sect10n 7 2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services reqmred hereunder exceeds the 01203 0001/699503 I EQG 17 B-19 compensation herem stipulated (provided that the City shall use reasonable efforts to m1t1gate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated (b) Consultant may, after compliance with the prov1S1ons of Section 7 2, term mate the Agreement upon wntten notice to the City's Contract Officer Consultant shall be entitled to payment for all work performed up to the date of termmation 7.9 Attorneys' Fees. If either party to this Agreement 1s reqmred to m1tiate or defend or made a party to any action or proceeding m any way connected with this Agreement, the prevailing party in such action or proceedmg, m add1t1on to any other rehef which may be granted, whether legal or eqmtable, shall be entitled to reasonable attorney's fees Attorney's fees shall mclude attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for invest1gatmg such action, takmg depos1t1ons and discovery and all other necessary costs the court allows which are mcurred m such litigation All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action 1s prosecuted to Judgment ARTICLE 8 CITY OFFICERS AND EMPLOYEES· NON-DISCRIMINATION 81 Non-hab1hty of City Officers and Employees No officer or employee of the City shall be personally hable to the Consultant, or any successor in mterest, m the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obhgat1on of the terms of this Agreement 8.2 Conflict of Interest Consultant covenants that neither 1t, nor any officer or pnnc1pal of its firm, has or shall acqmre any mterest, directly or indirectly, which would conflict many manner with the mterests of City or which would m any way hinder Consultant's performance of services under this Agreement Consultant further covenants that m the performance of this Agreement, no person havmg any such mterest shall be employed by 1t as an officer, employee, agent or subcontractor without the express wntten consent of the Contract Officer Consultant agrees to at all times avoid conflicts of mterest or the appearance of any conflicts of interest with the interests of City m the performance of this Agreement No officer or employee of the City shall have any financial interest, direct or indITect, m this Agreement nor shall any such officer or employee part1c1pate m any dec1S1on relatmg to the Agreement which affects her/his financial interest or the financial mterest of any corporation, partnership or associat10n m which (s)he 1s, directly or indirectly, mterested, m v10lation of any State statute or regulation The Consultant warrants that 1t has not paid or given and will not pay or give any thITd party any money or other consideration for obtainmg this Agreement 01203 0001/699503 I EQG 18 B-20 8.3 Covenant Agamst D1scr1mmatmn. Consultant covenants that, by and for itself, its heirS, executors, assigns, and all persons cla1mmg under or through them, that there shall be no d1scnmmatton agamst or segregation of, any person or group of persons on account of race, color, creed, rehg1on, sex, gender, sexual onentat1on, manta) status, national ongm, ancestry or other protected class m the performance of this Agreement Consultant shall take affirmative action to msure that applicants are employed and that employees are treated durmg employment without regard to their race, color, creed, religion, sex, gender, sexual onentatton, marital status, national ongm, ancestry or other protected class 84 Unauthorized Ahens. Consultant hereby promises and agrees to comply with all of the prov1s1ons of the Federal Imm1gratton and Nat1onahty Act, 8 USC § 1101 et seq, as amended, and m connection therewith, shall not employ unauthorized ahens as defined therem Should Consultant so employ such unauthonzed ahens for the performance of work and/or services covered by this Agreement, and should any hab1hty or sanct10ns be imposed agamst City for such use of unauthonzed ahens, Consultant hereby agrees to and shall reimburse City for the cost of all such hab1httes or sanctions imposed, together with any and all costs, mcludmg attorneys' fees, mcurred by City ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or commumcat10n either party desires or 1s reqmred to give to the other party or any other person shall be m wntmg and either served personally or sent by prepaid, first-class mail, m the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd, Rancho Palos Verdes, Cahfornta 90275 and m the case of the Consultant, to the person(s) at the address designated on the execution page of thts Agreement Either party may change its address by nottfymg the other party of the change of address m wntmg Notice shall be deemed commumcated at the time personally dehvered or m 72 (seventy two) hours from the time of ma1lmg 1fma1led as provided m this section 92 Interpretatmn The terms of this Agreement shall be construed m accordance with the meanmg of the language used and shall not be construed for or agamst either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply 93 Counterparts Tots Agreement may be executed m counterparts, each of which shall be deemed to be an ongmal, and such counterparts shall constitute one and the same mstrument 01203 0001/699503 I EQG 19 B-21 9.4 Integration; Amendment This Agreement mcludmg the attachments hereto 1s the entire, complete and exclusive expression of the understandmg of the parties It 1s understood that there are no oral agreements between the parties hereto affectmg this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandmgs, 1f any, between the parties, and none shall be used to mterpret this Agreement No amendment to or mod1ficat1on of this Agreement shall be vahd unless made m wntmg and approved by the Consultant and by the City Council The parties agree that this requirement for wntten mod1ficat1ons cannot be waived and that any attempted waiver shall be v01d 9.5 Severab1hty. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contamed m this Agreement shall be declared mvahd or unenforceable by a vahd Judgment or decree of a court of competent Junsd1ct1on, such mvahd1ty or unenforceab1hty shall not affect any of the remammg phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be mterpreted to carry out the mtent of the parties hereunder unless the mvahd prov1s1on 1s so matenal that its mvahd1ty depnves either party of the basic benefit of their bargam or renders this Agreement meanmgless 96 Warranty & Representation of Non-Collus1on. No official, officer, or employee of City has any financial mterest, direct or mdirect, m this Agreement, nor shall any offic1al, officer, or employee of City part1c1pate m any dec1s1on relatmg to this Agreement which may affect his/her fmanc1al mterest or the fmancial mterest of any corporation, partnership, or association m which (s)he 1s drrectly or mdrrectly mterested, or m v1olat1on of any corporatwn, partnership, or assoc1at1on m which (s )he IS dtrectly or mdrrectly mterested, or m v10lat1on of any State or mumc1pal statute or regulation The determmat1on of "financial mterest" shall be consistent with State law and shall not mclude mterests found to be "remote" or "nonmterests" pursuant to Government Code Sections 1091 or 1091 5 Consultant warrants and represents that 1t has not paid or given, and will not pay or give, to any third party mcludmg, but not hm1ted to, any City official, officer, or employee, any money, consideration, or other thmg of value as a result or consequence of obtammg or bemg awarded any agreement Consultant further warrants and represents that (s)he/Jt has not engaged m any act(s), om1ss10n(s), or other conduct or collusion that would result m the payment of any money, consideration, or other thmg of value to any thtrd party mcludmg, but not hm1ted to, any City official, officer, or employee, as a result of consequence of obtammg or bemg awarded any agreement Consultant Is aware of and understands that any such act(s), om1ss10n(s) or other conduct resultmg m such payment of money, consideration, or other thmg of value will render this Agreement v01d and of no force or effect Consultant's Authorized lmtlals ~ 01203 0001/699503 I EQG 20 B-22 9.7 Corporate Authority The persons executing this Agreement on behalf of the parties hereto warrant that (1) such party 1s duly organized and ex1stmg, (n) they are duly authonzed to execute and dehver this Agreement on behalf of said party, (m) by so executing this Agreement, such party 1s formally bound to the prov1s1ons of this Agreement, and (1v) that entenng mto this Agreement does not violate any prov1s1on of any other Agreement to which said party 1s bound This Agreement shall be binding upon the heirs, executors, admm1strators, successors and assigns of the parties [SIGNATURES ON FOLLOWING PAGE] 01203 0001/699503 1 EQG 21 B-23 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above wntten ATTEST APPROVED AS TO FORM ALESHIRE & WYNDER, LLP ( CITY CITY OF RANCHO PALOS VERDES, a l corp CONSULTANT 1\'V\Y'\S\~c,\\ tN\~\~Y<; J \n<. By Dt~ Name Allen Cay1r Title President ~~,s~"? Title Secretary Address \?_/?:AI, 7 P.AV\~V\ ~~ C,\'\,\'\o, c-¥\q\7\o Two corporate officer signatures required when Consultant 1s a corporation, with one signature required from each of the followmg groups I) Chairman of the Board, President or any Vice President, and 2) Secretary, any Assistant Secretary, Chief Fmanc1al Officer or any Assistant Treasurer CONSULT ANT'S SIGNATURES SHALL BE DUL\' NOTARIZED, AND APPROPRIATE ATTEST A TIO NS SHALL BE INCLUDED AS MA\' BE REQUIRED 8\' THE 8\'LA WS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY 01203 0001/699503 I EQG 22 B-24 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT l( NOw'l.l~( l( HCM\([X.M('fll( 'IOWl.(DC,lt[ !l(~(DC.Ml 1.0.C: HOWl(DC.UI l( !C#llOC,Mlt("A( ,,o,iuoc.u A.C<hOW'l.!OCM !l("-""OWl.lOGMl !A(o,()W\(DC,lt[H"!o.( HCM\lOC.W'flA(<HOll'\(0GMl IA( NOIO'l.!DC,lt[ 1A(""(l\l'\(0C,l,I( 1.oc.-i.1oc.,,,1 O(QIOWL(OCi,1,1( &CQOI0\11)(,.r,l[>rl( HQIO'I.IDC.¥1 lA(Q<QWtlOC,Mt l(u,()WL[DC,lt[ ,, A notary public or other officer completing this certificate verifies only the 1dent1ty of the md1v1dual who signed the document to which this certificate 1s attached, and not the truthfulness, accuracy, or validity of that document State of California County of SCA.n Berna..rd..,n o On June. 2 g , 2 0 2 2.. before me, JDtel!jYl Av1lt:A, Notory Pl>l-j_,e, (here insert name and title of the officer) personally appeared __ A_l l_e_.,,_C_a~~-l_r"_CA-n __ d __ s~~-b_i _I _C~", .... ~_l ""------------ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ii/are subsrnbed to the within instrument and acknowledged to me that tie/*e/they executed the same in iisl~r/the1r authorized capac1ty(1es), and that by tys/l)er/the1r s1gnature(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 1s true and correct WITNESS my hand and official seal JOCELYN AVILA C O l COMM #2273703 z Notary Public California ~ San Bernardino County - Comm Ex ires Jan 1, 2023 (Seal) 1...-;,ajW,Of( :,,,1 ll'l''JC W,oN J,t jl"f'.)!JJWO..-]Y ll'f')(IJIMC ]Y ]tl")(l]~]'o I .lOll.'110"< ;i J..-xll\Mc,,,I 11 J..-;,oJ'IIIO,Q..-.)'o l"'XlJWQ,p:)'r JWJOJW,()O<:,,, 1..-;)(l]W.0-, 7< J>'l")(]JV.,0,.) ltl")CJW.CW ;J:"T Jff')QJl#.O'f 7r 1"")(JJW,0..-}T Jft'lOJW.0 ) Jft'XIJW!O'< :r, Jn?QIWO..-)T./',ll'l''Xlll#OPf ]'r ll'l"XlllMON ,,,- ...____ ____________ O~tional Information Although the 1nformat1on 1n this section 1s not required by law 1t could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document Description of Attached Document The preceding Certificate of Acknowledgment 1s attached to a document titled/for the purpose of ------------------ containing ___ pages, and dated ____________ _ The s1gner(s) capacity or authority is/are as D lnd1v1dual(s) D Attorney 1n Fact D Corporate Officer(s) ___________________ _ D Guardian/Conservator D Partner L1m1ted/General D Trustee(s) D Other representing T11le(s) Name(s) of Person(s) or Entuy(1es) Signer ,s Representing A1hlitienal lnfermatien Method of Signer ldent1ficat1on Proved to me on the basis of sans factory evidence 0 form(s) of 1dent1ficat1on O credible w1tness(es) Notarial event 1s detailed in notary Journal on Page # Entry# Notary contact __________ _ Other 0 Add1t1onal S1gner(s) 0 S1gner(s) Thumbprint(s) □ --------------- 0 Copyright 2007 2017 Nmary Rotary PO Box 41400 Des Moones IA 50311 0507 All R1gh1S Reserved Item Number 101772 Please contact your Authorized Reseller w purchase copies of this form B-2501203 0001/699503 I EQG EXHIBIT "A" SCOPE OF SERVICES A-1 A-26 B-26 b. Approach to Scope of Services b .1 b .1. Scope of Services As requested , we are re -stating the Scope of Services with any additions , expansions, clarifications , or modifications that the firm proposes to provide the services and produce the deli verables contained in the RFP. The following section b .2 . Se rv ice App roach , describes how completing the Scope of Se rvices will be approached and any cost-sav ing or value-adding strategies or innovations our firm will bring to the project. The following Scope of Services represents the services and responsibilities the successful proposer will be expected to provide and perform. A . Plan Check: Review building and development plans for conformance with the California Building , Electrica l, Plumbing and Mechanical Codes (the "Codes "), the California Energy Standards, City ordinances and other requirements as set by C ity Departments, as well as arranging for reviews by other responsible agencies, as appropriate . Type of proposed plan check work may include new construction (residential and commercial), remodel, additions, green building , ADA , Leadership in Energy and Environmental Design ("LEED "), ons ite wastewater treatment systems ("OWTS ") and public nuisance abatement. Consultant must be able to perform electronic plan review. Unless there are exceptional circumstances , Consultant will be asked to complete first plan check of residential construction within ten ( 10) calendar days of receipt of the submittal and subsequent plan checks within five ( 5) calendar days of receipt of the re-submittal. Consultant shall provide all plan check comments in typed format for all initial and subsequent p lan reviews . Plan rev iew letter comments shall be specific , detailed, complete, and reference plan sheet numbers and code sections where applicable. B. Inspection: The City has three full-time building inspectors: thus , this service shall only be provided on an as-needed basis when staffing and/or workload constraints exist. Upon request, provide field inspections during the course of construction, pursuant to applicable Codes. Standard City operating procedures is that inspections are made by the next working day following a request made by 4:00 PM on the preceding day. City permit technicians will provide appointments for field inspections within a specified time frame on the day of the inspection. C. Code Enforcement: The City employs two full -time code enforcement officers: thus , this service shall only be provided on an as -needed basis when staffing and/or workload constraints exist . Upon request , inspect and enforce all violations of the Codes and Standards, including substandard conditions. A ttend office conferences and a ppeals to the Board of Appeals or the City Council , pursuant to requests for attendance from the Director of Community Development or his or her designee. Report to the appropriate City Departments all suspected violations of other City ord inances and requirements. D. A s-Needed Support: Provide as-needed staffing support, when requested. As-needed staff support may include build ing official, permit technician, and supplemental in spection serv ic es as required to appropriately respond to emergencies or natural disasters . E. Coordination: Coordinate staffing and workload with the Building Official and/or the Director of Community Development or his or her designee, and provide appropriate information to the public. F. Meetings : Attend meetings with City staff , City officials , developers , contractors, and the general public, as necessary for the execution of plan check serv ices or as required by the Bu il d ing Official and/or th e Director of Community Development or his or her des ignee. Proposa l -BU IL DING AND SAFETY PLAN CHECK SERV ICE S /• A-2 7 TRANSTECh B-27 b. Approach to Scope of Services b.2 G. Records: Maintain all origina l Building and Safety records and files at City Hall. H. Training & Certification: Provide periodic technical training to keep Consultant 's staff up to date on the latest codes and building techniques. Provide to, and receive from , the Community Development Department 's staff appropriate training to coordinate the functions of the Department and the Consultant. Plan review and inspection staff shall have obtained and must maintain current ICC certifications . Consultant shall also employ sufficient number of certified CASP disabled access specialist pursuant to the requirements of S.B.1608. I. A vailability to the Public: The Consultant understands that building and safety personnel must be available to provide information about the status of activ e plan check applications and/or permits and to answer general questions from the public at the counter or over the telephone during City Hall business hours when requested to do so by City staff. Such public availability will be provided by either the City or Consultant 's personnel us ing schedules established by the City 's Building Official that optimize service to the public. J. Vehicles and equipment: Provide all vehicles and equipment necessary to properly perform the services and duties required . K. Certified Personnel: Consultant 's employees who perform services for the City pursuant to this Agreement must be ICC certified and state licensed P.E. plan check engineer(s) and ICC certified building inspector(s) including having the availability of CASP certified access specialists on an as needed basis. b.2. Service Approach Transtech 's unique "Customer Care " approach in delivering Building and Safety Services in an efficient, cost- effective, and timely manner: ✓ Transtech is well known in providing Cost Effective Services on time w ith a customer friendly and responsive approach. ✓ Our services are founded on the principles of Tota l Quality Management for Total Customer Care . ✓ We have a structured approach to execute projects in an efficient manner that makes Transtech capable o f providing the City with the highest quality product. Transtech has established guidelines and policies , including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City 's specific procedures, standards, and requirements. ✓ We start by working with the applicant early on and during plan review to help them prepare a set of plans which have all of the required information clearly and logically presented. ✓ Additionally, we never hesitate to make suggestions which help eliminate complicated details, reduce construction costs , and /or provide details which are easy to verify in the field . Experience has taught us well that inspection time and appl icant frustration can both be substantially reduced , while increasing overall compliance, by producing a better set of p lans during the plan review process. And in the case of homeowners, this policy often demonstrates early on that the City really is truly a partner in a process that can often be a source of stress and tension for many applicants , and we fully understand that . ✓ This policy reduces the number of plan review rechecks requ ired , allows the appl icant to obtain a permit much soone r, and reduces the overall time our staff is required to spend on that particular plan. ✓ Transtech provides all p lan check comments on electronic files . All plan check comments are provided Proposa l -BUILDING AND SAFETY PLAN CHECK SERV ICES /• A-2 8 TRANSTECH B-28 b. Approach to Scope of Services b.3 on pdf format e lectronical ly , as well as hard copies . Plan review corrections are written clearly and are fully detailed to explain the Code deficiency . ✓ To help the applicant better understand the problem , Transtech provides as much information during plan review as poss ible. We bel ieve that if t he applicant has a clear understanding of the problem , he or she can take the necessary steps to correct the condit ion. This policy reduces the n u mber of p lan review rechecks required , allows the applicant to obtain a permit much sooner , and reduces the overall time our staff is required to spend on that particular plan . Unclear and/or cryptic corrections are never written, and all correction lists , except those w ritten o v er the counter, are typed a nd printed on a laser printer. ✓ Our plan checkers confer early on and respond to questions from the architect, engineer, designer, applicant, etc. When requested , our p lan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks where the plan corrections . ✓ Our policy is to assist t he architect, engineer, designer, applicant, etc. as much as possible , wh ic h helps eliminate complicated details , reduce construction costs , and /or provide details which are easy to verify in the field . ✓ A ll telephone calls or e -mails received are returned withi n the same working day, or the following day. We take pride in our "Same Day Response " motto. ✓ Responsiveness is an integral part of Transtech 's "customer fr iendly" service approach . ✓ We will strive to enhance the City 's image by public trust to be the most desira b le community to live , invest and con d uct business . ✓ Customer Care mea ns highest quality customer serv ice. Transtech is committed to providing "Customer Care" to the City, City's patrons , respond ing quickly and effectively to the walk -in , telephone, and electronic inquiries of the public related to our serv ices. Plan Check Processing: When a plan check order is received , it is logged and reviewed by Building Staff and then ass igned to applicable plan checkers. The plan check duration is monitored thru the plan check log data base, wh ich generates messages at identified intervals to inform plan checker and supervis ing Sr. Staff so that they are aware of how the progress and status continuously. If any potential delay is monitored, necessary steps are taken, such as meeting with p lan checker to re v iew the schedule , workload, performance, and identify actions , including assigning additional staff, if necessary, to ensure timely com pletion of assignment. Plan Check Coordination: • Our pl a n ch e ckers respond to questions from the architect, engineer, designer, applicant, etc . When requested , our p lan checkers also meet w ith the architect, engineer, designer, applicant, etc . at our offices to answer questions or for rechecks. • Our policy is t o assist the architect, eng ineer, designer, applicant, etc. as much as possible , which helps e lim inate complicated details, reduce constructio n costs , and/or provide details which are easy to verify in the field. This pro-active approach reduces inspection time and questions , and applicant frustrat ion , while increasing overall compliance, by producing a better se t of p lans during p lan rev iew process . Especially , when the applicant is a homeowner trying to improve his/her property, this policy o ften demonst ra t es early on that the City really is here t o help. Approach to Meeting with Applicants : Our staff is available to applicants by phone and through email or through virtual meeting for questions or available to meet for rechecks if necessary. Our policy is to meet with applicants v irtua ll y v ia TEAMS or ZOOM or when necessary, a t C ity Ha ll , but we a lso have an avail ab le facil ity at our office meetings with appl icants. Expedited /Off-Business Hours /Weekend Services: If the C ity receives a request from applicants for exped it ed plan check services , Transtech staff is able to provide additional resources to accommodate such a req uest . If the City requests inspection services , Pro p os a l -BUILDING AND SAFETY PLAN CHECK SERVICES /• A-2 g TRANSTECH B-29 b. Approach to Scope of Services b.4 Transtech staff w ill pro vide additiona l resources to accommodate inspection requests during off business hours and weekends. Quick Turn Around and Expedited Service: Transtech will provide plan checks on a quick turn-around schedule. Transtech a lso provides expedited service when requested. Applicant will be able to see online on real time the progress of plan check submittals . Electronic Plan Check: • Transtech provides Electronic Plan Check. Please click here for a sample of our electronic plan check portal at one of our contract Cities. • We offer elec troni c plan check submittal portal to our cl ie n t c ities at no cost. Virtua l Counter: We offer v irtu al meeti ngs with plan checkers. Please click here t o explore t he v irtu a l pla n check coun ter appoint ment ca le n dar for one of the Cities , Electronic Plan Check and Virtual Meeting Calendar set-up: Transtech has integrated many technologica l assets into its services to provide most efficient and cost- effective service. We provide fully automated electronic plan submittal, checking and tracking . We provide this on our company portal, as well as offer same portal to our client cities on their web sites. Weekend , Holiday & Atter Work Inspection: Transtech is readily available and has the resources to provide weekend, holiday, and after-work hour inspections as requested by the City Manager or designee. Emergency Response : In the even t of a local or regional emergency or d isaster , o ur st aff wi ll be accessib le to p rovide Build in g and Safety serv ices as d ir ected by the City. A ll of o ur b uil d ing offi c ials and inspectors have gone thro ugh ext ensive tra ining to be SAP Evaluator and registered with the State of California Safety Assessment Program . Readily Available Staff: Transtech has a large pool of well experienced in-house staff readily available to provide re que sted services , and respond to requests in a timely, efficient, and cost-effective manner. Other Services : Transtech is a full-service municipal consulting firm that currently provides a variety of different city services for public agencies. We understand that Transtech would be responsible for all correspondence related to activities of the Building and Safety Division. In addition , Transtech would respond to any complaints, perform investigations, provide problem-solving methods fo r unique or challenging plan check or code interpretation issues , provide report writing and policy & procedure recommenda ti ons , and a ttend C ity Council and Commission meetings as requested by t he C ity Manager or des ignee. Samp le Electronic Plan Checks: ✓ Fo ll owing pages include sample snap shots of vari ous types of electronic plan checks. ✓ Also , links for each plan check is provided to review full plan check documents. Proposal -BUILD ING AND SAFETY PLAN CHECK SERVICES /• A-30 TR ANSTECH B-30 f. Quality Control Plan (Pe r RFP lim it ed to l page) f. l Transtech 's unique "Customer Care " approach in delivering High Quality Building and Safety Services in an efficient , cost-effective , and timely manner: ✓ Transtech is well known in providing Cost Effective Services on time with a customer friendly and responsive approach. ✓ Our serv ices are founded on the princip les of Total Quality Management for Tota l Customer Care . ✓ We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the C ity w ith the highest quality product. Transtech has establi shed guidelines and poli cies , including written manuals on quality control, project management, and des ign procedures for its staff and for its contrac t cities . These guidelines e nsure a cons istent approach to the execution of ass ignments undertaken by our organization in comp liance w ith C ity 's specific procedures, standards, and requ irements . ✓ We start by working with the applicant early on and during plan rev iew to help them prepare a set of plans which have all of the required information clearly and logically presented. ✓ Additionally, we never hes itate to make suggestions which help e liminate compl icated details , reduce construction costs , and /or provide details which are easy to verify in the field . Experience has taug h t us well that inspect ion t ime and applicant frustration can both be substantially reduced , wh ile increas ing overall compli ance, by produc ing a better set of plans during the plan review process . And in t he case of homeowners, th is policy often demonstrates early on that the City really is truly a partner in a process that can often be a source of stress and tens ion for many applicants, and we fully understand that. ✓ This poli cy reduces the number of p lan review rechecks required , allows the applicant to obtain a permit much sooner, and reduces the overall t ime our staff is required to spend on that particular plan. ✓ Transtech provides all pl a n check comments on electronic files . All plan check comments are provided on pdf format electronically, as well as hard copies . Plan review corrections are written clearly and are fully detailed to explain the Code deficiency . ✓ To help the appl icant better understand the problem, Trans t ech provides as much information during p lan review as possible. We believe that if the applicant has a clear understanding of the problem , he or she can take the necessary steps to correct the condition . Th is policy reduces the number of p lan rev iew rechecks required , allows the applicant to obta in a permit much sooner , and reduces the overall time our staff is required to spend on that particular plan . Unclear and/or cryptic corrections are never written , and all correction lists , except those written over the counter, are typed and printed on a laser printer. ✓ Our plan checkers confer early on and respond to questions from the architec t , engineer, designer, a pplicant, etc. When re que sted, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks where the plan corrections. ✓ Our policy is to assist the archit ect, engineer, des igner, applicant, etc. as much as poss ible, wh ich helps eliminate complicated details , reduce construction costs , and/or provide details which are easy to verify in the field . ✓ All telephone calls or e-mails rece ived are returned within the same working day, or the fol lowing day. We take pride in our "Same Day Response " motto. ✓ Responsiveness is an integral part of Transtech 's "customer fr iendly" serv ice approach . ✓ We w ill str ive to enhance the City 's image by public trust t o be the most desi rable commun ity to live, invest and conduct business. ✓ Customer Care means highest quality customer service . Transtech is committed to providing "Customer Care " to the C ity , City 's patrons , responding quickly and effectively to t he walk-in , telephone, and electronic inqu iries of the public re lated to our serv ices . Propos a l -BUILDING AND SAFETY PLAN CHECK SERVICES A-31 /• TRANSTECH B-3101203 000 1/699503 I EQG EXHIBIT "B" SPECIAL REQUIREMENTS [INTE T IO NALL Y LEFT B LAN K] B-1 A-32 B-32 EXHIBIT "C" SCHEDULE OF COMPENSATION 01203 .0001 /699503 .I EQG C -1 A-33 B-33 e. Project Cost e.1 Fee Schedule: Description Fee per Hr. Plan Rev iew $135.00 Permit Technician $86.00 Inspector $118.00 Senior Inspector $134.00 Code Enforcement $118.00 Deputy Build inq Official/Plan Check Enqineer $ l 6 l.00 Buildinq Official $172.00 Any other services requested by the City shall be per Transtech Schedule of Hourly Rates Th e above fees will be increased each year July /st automatically by the percentage change Los Angeles-Long Beach-Anahe im California Consumer Price In dex-All Urban Consumers /"CPI-U") for the preceding twelve-month period as calculated for February by the U.S . Deportment of Labor Bur eau of Labor Statistics and published by the United States Bureau of Labor Statistic . TRANSTECH ENGINEERS , INC . SCHEDULE OF HOURLY RATES Effective through June 30 , 202 3 ENGINEERING --· . • BUILDING & SAFETY Fie ld Technic ian $86 Labor Compliance Analyst $145 Permit Techn ician $86 Engineering Technician $102 Funds Coordinator $150 Plan Check Technic ian /Analyst $118 Assistant CAD Drafter $124 Utility Coordinator $161 Building Inspector $118 Senior CAD Drafter $145 Office Eng ineer $145 Senior Inspector $134 Assoc iate Des igner $150 Construction Inspector $145 Plans Exam iner/Checker $145 Senior Designer $161 Senior Construction Inspector $156 Plan Check Engineer $161 Design Pro ject Manager $199 Construction Manager $199 Deputy Bu ilding Official $161 Assistant Eng ineer $129 Resident Engineer $199 Building Official $172 Staff/Associate Civil Engineer $156 PUBLIC WORKS INSPECTION PLANNING Senior Civil Engineer $209 Pub lic Works Inspector $145 Community Development Technician $86 Traffic Analyst Techn ician $118 Sen ior Pub li c Works In spector $156 Plann ing Techn ician $91 Associate Traffic Analyst $140 Superv ising PW Inspector $161 Ass istant Planner $129 Sen ior Traffic Analyst $161 SURVEY AND MAPPING Assoc iate Planner $135 Professional Transportation Planner $17 7 Survey Analyst $145 Senior Planner Traffic Eng ineer Technician $102 Sen ior Survey Ana lyst $156 Associate Traffic Eng ineer $156 2-Man Survey Crew $333 Traffic Eng ineer $177 Survey & Mapping Spec ialist $188 Sen ior Traffic Eng ineer $199 Licensed Land Surveyor $204 Project Manager $183 FUNDING & GRANT WRITING Sen ior Project Manager $199 Funds Analyst $140 Deputy City Engineer $172 Sen ior Funds Ana lyst $150 City Eng ineer $188 Graphic & Rendering Designer $134 Pri nc ipal Eng ineer $209 Grant Writer $166 Funds & Grant Project Manager $188 The above fee s will be increased each year July 1st automatic ally by the percentage ch ange Los Angeles-Long Beach-Anahe im California Consumer Pric e Index -All Urban Consumers ('C PI-U ') for the preceding twe tv e-month pe riod as calcul ated for February by th e U.S . Department of Labor Bureau of Labor Statistics and publishe d by the United States Burea u of Labo r Statistic . As requested in the RFP , following is cost estimate associated with a typical residential plan check : Typica l res idential p lan review, depen ding on t he size , complexity of the design and quality of the p lan preparation may c ost between $1, l 00 to $3 ,500 p lan rev iew fees . Proposal -BUILDING AND SAFETY PLAN CHECK SERVICES /• A-34 TRANSTECh B-34 EX HIBIT "D Sc h edul e of P erform anc e Unless there are exceptional circumstances, Consultant shall complete first plan check of residential construction within ten ( 10) calendar days of receipt of the subminal and subsequent plan checks within five (5 ) calendar days of receipt of the re -submittal. 0 I 203.0001/699503. I EQG 0-1 A-35