Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
02-04-2020 - AGENDA ITEM 02 CONSIDERATION OF BUDGET AND CONTRACT AMENDMENTS FOR ENGINEERING SERVICES (TRANSTECH) AND BUILDING & SAFETY SERVICES (WILLDAN)
11/16/2020 Print Staff Report AGENDA ITEM NO. 2 DATE: February 4, 2020 TO: Mayor and City Council FROM: David Carmany City Manager AGENDA STAFF REPORT City of West Covina I Office of the City Manager SUBJECT: CONSIDERATION OF BUDGET AND CONTRACT AMENDMENTS FOR ENGINEERING SERVICES (TRANSTECH) AND BUILDING & SAFETY SERVICES (WILLDAN) RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Approve the First Amendment to the Agreement for Professional Services for City Engineer Services by Transtech to establish an annual budget of $700,000 (not to exceed $3,500,000 through contract life); establish a Capital Improvement Program annual budget of $1,000,000 ($5,000,0000 through contract life) and separate the annual Engineering Services budget from the Capital Improvement Program projects budget; and 2. Amend the Fiscal Year 19/20 Budget to add $616,000 in Restricted Funds (including Gas Tax, Measure R, Measure M - subject to METRO approval - and Sewer Maintenance Fund) and $84,000 in general fund for Engineering Services; and 3. Approve the First Amendment to the Agreement for Professional Services for City Building Services with Willdan to establish an annual budget of $940,000 (not to exceed $4,700,000 through contract life); and 4. Amend the Fiscal Year 19/20 Budget to add $700,000 from permit fees for Building Services. Fees will be increased for Building permits starting on February 18, 2020. BACKGROUND: Many cities are moving to a contract model for the provision of building and engineering services. The contract model allows a city to staff according to the workflow and level of activity without having to hire or layoff city personnel. Contractors providing the service have flexibility of moving staff between their client cities seamlessly. During the budget adoption process for Fiscal Year 19/20, the City Council made the decision to convert Engineering and Building functions to contracts. Subsequently, on August 12, 2019, the City Council approved a contract with Willdan for building services and on August 20, 2019, the City Council approved a contract with Transtech for City engineering services, traffic engineering services, and for general engineering services. The contracts for both Willdan and Transtech were executed for a two-year period ending on https://destinyhosted.com/print_ag_memo.cfm?seq=626&rev_num=0&mode=Extemal&reloaded=true&id=93762 1/3 Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City's written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of the Consultant, whichever occurs last. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City. 5.0. INSURANCE Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors: 5.1 Minimum Scope and Limits of Insurance. Coverage shall be at least as broad as: (a) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence' basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (d) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Transtech Engineers, Inc. 5.2. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the. Lessee including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Lessee's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). (b) Primary Coverage: For any claims related to this Agreement, the Consultant's General Liability and Automobile Liability insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. ' (c) Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (e) Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. (f) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A -:VI, unless otherwise acceptable to the City. (g) Verification of Coverage: Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of Transtech Engineers, Inc. all required insurance policies, including endorsements required by these specifications, at any time; Consultant is not required to provide proof of insurance unrelated to the City's contractual requirements. (h) Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. 5.3. Deductible or Self Insured Retention. If any of such policies provide fora deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Key Personnel. It is the intent of both parties to this Agreement that Consultant shall make available the professional services of Ahmed Ansari, Senior Engineer, who shall coordinate directly with City. Any substitution of key personnel must be approved in advance by City's Representative and the Agreement shall be amended to reflect the changes. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile or by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: Transtech Engineers; Inc. Transtech City of West Covina 13367 Benson Avenue 1444 West Garvey Ave. South Chino, CA 91710 West Covina, CA 91790 Tel: 855-595-2495 Tel: (626)939-8422 Email: Email: ahmad.ansari@transtech.org jnderson@westcovina.org Attn: Ahmed Ansari Attn: Jeff Anderson 6.5 Attorneys' Fees. If litigation is brought by any party in connection with this Agreement, each party shall be responsible for its own costs and expenses, including attorney fees. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8. Indemnification and Hold Harmless. To the fullest extent of the law, CONSULTANT agrees as follows: (a) With respect to claims that are not directly related to Consultant's professional services, Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in performing this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon such negligence, recklessness, or willful misconduct, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. (b) With respect to claims directly related to Consultant's professional services, Consultant shall indemnify and hold the City, its elected and appointed officials, officers, agents and 8 Transtech Engineers, Inc. employees harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent they are caused by Consultant's negligence, recklessness or willful misconduct. Consultant shall not have an upfront duty to defend the City, its elected and appointed officials, officers, agents and employees under this paragraph, but shall promptly reimburse reasonable defense fees and costs to the extent a claim is caused by the negligence, recklessness or willful misconduct of Consultant, or as the parties otherwise agree in settlement. In no event shall the cost to defend charged to Consultant under this paragraph exceed the Consultant's proportionate percentage of fault. (c) This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. Transtech Engineers, Inc. 6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents. 6.13. Electronic Safeguards. Contractor shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of the information. Contractor shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment. 6.14. Economic Interest Statement. Consultant hereby acknowledges that pursuant to Government Code Section 87300 and the Conflict of Interest Code adopted by City hereunder, Consultant is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice under this Agreement, prior to the commencement of work, unless waived by the City Manager. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections 1090-1092. Consultant covenants that none of Consultant's officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be used by Consultant as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement. 6,16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent 10 Transtech Engineers, Inc. this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.21. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.22. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.23. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.24. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures. 6.25. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. 6.26 Taxpayer Identification Number. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service. Transtecn Engineers, Inc. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF WEST COVINA, a municipal corporation David N. Carma y, City Manager CONSULTANT Ali Cayt , esi nt Sybiltayir, Secretary ATTEST: �^s i l /� ll✓f�/R Carrie Gallagher; Assi—stantfCity Clerk APPROVES PTO FORM: t t 1 ThomasP.'Dua�ite; City Attorney Date: 2�?_-'iC Date: 1,1(12 i ?o 1 `gyp Date: 9-YL-�9� i Date: APPROVED AS TO INSURANCE: _ V " COAA ' Date: Risk managerrTent 12 Transtech Engineers, Inc. EXHIBIT A SCOPE OF SERVICES EXHIBIT A SCOPE OF SERVICES City Engineer Services 1. Manage plan review and inspection services for all public right-of-way encroachment permits to confirm compliance with all applicable codes, regulations, policies, standards, and best practices. Such permits may include construction work; construction or vehicle operations; oversize vehicles; street closures; temporary storage of vehicles, storage pods, trash bins, or other objects; news racks; and ongoing encroachment by awnings, sidewalk dining, etc. Services will include but may not be limited to the following: • Performing pre -work inspections as needed to evaluate existing conditions • Reviewing plans and specifications • Writing corrections and redlining of plans • Determining appropriate conditions to impose on permits • Determining whether a traffic control plan is required and reviewing such plans • Performing regular inspections of ongoing work and inspections of completed work to ensure compliance with approved plans and permit conditions • Maintaining regular communication with the applicant, job superintendent, or other project representatives as needed 2. Maintain a communication channel for applicants and job superintendents to communicate directly with the public works inspector via telephone, and/or with the city engineer on behalf of the inspector. Provide continuity of inspection services through project completion. 3. Provide a public works inspector presence at City Hall and within the City as necessary to adequately inspect ongoing work in the public right-of-way and address issues as they arise. 4. Provide plan review of grading, drainage, and improvement plans for private and public development projects. Services will include but may not be limited to the following: • Reviewing plans and specifications • Writing corrections and redlining of plans • Determining appropriate conditions to impose on permits • Providing pick-up and delivery of plans at City Hall and maintaining a log of plans in process and their status accessible at any time by City staff • Learning and effectively utilizing the City's cloud -based software for permit issuance and tracking 5. Provide plan review of plans submitted for planning or zoning review for public works issues. This may include conceptual or preliminary plans, architectural plans, site plans, and preliminary grading plans. Services will include but may not be limited to the following: • Reviewing project applications, plans, and related documents • Identifying major public works issues to be addressed through the planning process prior to plan check submittal including but not limited to grading, off -site improvements, and traffic • Writing conditions of approval related to public works issues to be imposed on the project through the planning process 11/16/2020 Print Staff Report September 1, 2021 with three, one-year extensions available. The budget adopted in June of 2019 specified $400,000 for Engineering Services and $300,000 for Building Service. The budget was prepared prior to the review of the proposals and the selection Transtech and Willdan. DISCUSSION: Transtech and Willdan have both been able to accommodate the City's needs since they started providing services in September 2019. Service levels have increased and turnaround times have been reduced. Staff is requesting authorization to amend the contract and budget in order to continue providing Engineering and Building services. Transtech The Transtech contract specified a compensation of $800,000. This amount was determined based on the costs of providing general engineering services, including traffic, plan checking, inspections, and public counter coverage. As staff has worked with Transtech, it has become clear that compensation for general Engineering Services needs to be separated from compensation from Capital Improvement Program (CIP) projects. Because the general engineering services are billed hourly and capital projects are billed as a percentage of the total project cost, having the compensation in one lump sum is not the best way to pay for the services. Previously, City staff costs were attributable to the work on CIP projects and Transtech costs will also be charged to CIP projects; with the goal of completing as many capital projects as possible. Subsequently, the more CIP projects that Transtech completes, the higher the total compensation. Therefore, if CIP compensation is part of the general Engineering Services compensation, the number of capital projects will be limited. Staff has reviewed several months of invoices to determine the appropriate split between the CIP project budget and general Engineering Services budget. Staff is recommending the First Amendment to Transtech's contract, as follows: • Compensation for Engineering Services is $700,000 annually, not to exceed $3,500,000 over the life of the contract. • Separate compensation for preparing and completing CIP projects from Engineering Services, based on the processing of each CIP project. • Set CIP compensation at $1,000,000 annually, not to exceed $5,000,000 over the contract life. An amendment is necessary to increase the Engineering Services budget by $300,000, $26,260 coming from the General Fund and $273,750 coming from restricted transportation funds. Willdan The Willdan contract specifies compensation of $940,000. The costs of providing the services through Willdan are covered by the cost of building plan check and building permit fees. The amount was determined based on the costs of providing service for the Building counter, plan check, and inspections. Over the past few months staff has reviewed invoices to estimate the cost of Building services. Staff is recommending the First Amendment to Willdan's contract which would accomplish the following: • Compensation is $940,000 annually for Building Services, not to exceed $4,700,000 over the life of the contract. An amendment is necessary to increase the Building Services budget by $640,000 to be funded by building fees that will be increased in mid -February. OPTIONS: The City Council has the following options: 1. Approve staff's recommendation; or 2. Provide alternative direction. https://destinyhosted.com/print_ag_memo.cfm?seq=626&rev_num=0&mode=Extemal&reloaded=true&id=93762 2/3 • Providing pick-up and delivery of plans at City Hall and maintaining a log of plans in process and their status accessible at any time by City staff • Learning and effectively utilizing the City's permitting software for permit issuance and tracking i. Provide review of projects submitted under the Subdivision Map Act and related provisions of the West Covina Municipal Code. This includes but may not be limited to tentative and final maps, lot mergers, lot line adjustments, certificates of compliance, dedications, vacations, and easements. Services will include but may not be limited to the following: • Reviewing applications, maps, legal descriptions, deeds, and related documents • Providing redline documents and writing corrections • Writing conditions of approval to be imposed on tentative maps • Providing pick-up and delivery of documents at City Hall and maintaining a log of reviews in process and their status accessible at any time by City staff • Learning and effectively utilizing the City's permitting software for project tracking 7. Provide city engineering services, including but not limited to the following: • Attend meetings with City staff, public officials, developers, contractors, and the public as needed • Attend Commission and City Council meetings as needed • Represent the City as its city engineer while interfacing with the public and other agencies • including but not limited to L.A. County Department of Public Works, Southern California Edison, and the water purveyors that serve the City • Serve as the primary liaison to the County of Los Angeles Department of Public Works for technical and policy issues • Review documents and reports from other agencies pertaining to West Covina infrastructure or public works matters and provide recommendations to staff on appropriate responses or actions • Provide guidance and technical assistance to City staff on public works and engineering laws, policies, procedures, and best practices including but not limited to the California Public Contract Code, Streets and Highways Code, and Subdivision Map Act • Provide guidance and technical assistance to field staff regarding infrastructure and maintenance issues 8. Provide a city engineer presence at City Hall as needed. Hours may vary depending on project volume and workload. While in the office, the city engineer will be expected to provide internal and external customer service, including seeing customers at the counter, meeting with City staff, and taking phone calls. 9. Provide project and contract management services for public works projects and capital improvement projects to be determined. Services will include but may not be limited to the following: • Prepare project plans, bid specifications, and Notice Inviting Bids • Conduct pre -bid meetings • Respond to inquires and prepare addendums to bid specifications as needed • Conduct bid opening and bid analysis • Prepare staff reports and other documents as may be needed for contract approval • Provide Construction management and Inspection. • Monitor labor compliance • Prepare contract change orders • Review project invoices for accuracy and contract compliance • Prepare staff reports and other documents as may be needed for project acceptance • Maintain project documents and files on behalf of City • Manage state and federally funded, CDBG Funded, and other outside funded projects. Services include design, bidding phase support, construction management and inspection, contract administration, funding management and coordination. When applicable, work with City's grant administrator on grant -funded projects to prepare additional paperwork as necessary for grant compliance 10. Provide project management and manage consultant contracts for public works services, such as updating plans or preparing studies beyond the scope of this contract. Services will include but may not be limited to the following: • Prepare and distribute RFPs or RFQs • Evaluate proposals submitted and interview consultants as needed • Negotiate price and contract terms with consultant on behalf of City • Prepare staff reports and other documents as may be needed for contract approval • Direct consultant work, serve as liaison with consultant, and review work product • Monitor work and progress and review invoices to ensure consistency with project budget and schedule 11. Advise City staff as to grants or other funding available for public works projects and, when so directed, initiate and prepare applications for such funding or grants. 12. Provide oversight of the City's public works program. This includes providing direction and mentoring to the staff permit technician pertaining to encroachment permits and providing recommendations to the Community Development Director regarding the program. 13. Monitor trends, legislation, and standard practices and advise the Community Development Director on appropriate codes, policies, procedures, and practices to adopt. 14. Coordinate, consult, and provide input to other departments and agencies as may be required, including but not limited to planning, building, code compliance, the Los Angeles Department of Public Works, Los Angeles County Sheriffs Department, Los Angeles County Fire Department, the City's consultant for building and safety services, the City's consultant for NPDES compliance, and utility providers. 15. Prepare, implement, and enforce policies and procedures. 16. In the event of a local, regional, or national emergency or disaster, provide engineering and public works plan review and inspection services as required to appropriately respond to the emergency, including after regular business hours. 17. Provide any other services as may be necessary for administration and enforcement of the California Public Contract Code, Streets and Highways Code, Subdivision Map Act, applicable provisions of the West Covina Municipal Code, and any other codes pertainingto public works and engineering matters. Traffic Engineering Services Provide traffic engineering services, including but not limited to the following: • Review and provide comments on traffic impact studies prepared by other consultants for development projects • Review and provide comments on proposed development projects pertaining to traffic issues including but not limited to traffic impacts, site access and circulation, and parking • Prepare conditions of approval for projects • Review and provide engineering judgement on traffic safety issues raised by City staff, the Transportation and Public Safety Commission, and the public • Conduct traffic reviews and prepare reports with recommendations for issues including but not limited to stop sign warrants, crosswalk installation and removal, traffic calming, speed surveys, accident histories, and other general traffic safety and related issues • Prepare and make presentations to the Transportation & Public Safety Commission and City Council regarding traffic reviews and recommendations • Serve as the primary liaison to the County of Los Angeles Department of Public Works for traffic signal timing and maintenance, striping, signs, and other traffic issues On -Call Engineering Services Provide municipal engineering services on an "on -call or as needed" basis for various duties assigned by Community Development Director during the term of the agreement. Services may include, but are not limited to the following: • General consulting and technical advice • Private development application reviews • Infrastructure design, construction and/or operation • Assistance the Capital Improvement Program Manage state and federally funded, CDBG Funded, and other outside funded projects. Services include design, bidding phase support, construction management and inspection, contract administration, funding management and coordination. When applicable, work with City's grant administrator on grant -funded projects to prepare additional paperwork as necessary for grant compliance • Reviewing and certifying design plans, specifications and cost estimates for City capital projects • Performing the lead role in the engineering review, coordination and technical administration of assessment districts and bond issue projects to provide coordinated and cost-effective project • Reviewing private development construction plans, mapping and projects for compliance with City adopted design standards, subdivision standards and related work as required • Assisting the City in processing Federal, State and regional permits • Assisting the City with processing grant applications • Miscellaneous engineering tasks, feasibility studies,investigations, and other duties as directed by the Community Development Director EXHIBIT B FEE SCHEDULE Below is Transtech's current Standard SCHEDULE OF HOURLY RATES for all staff classifications. Please note, Rates are average and negotiable, and final rates are negotiated based on final scope, staff positions. TRANSTECH ENGINEERS, INC. SCHEDULE OF HOURLY RATES Effective through June 30, 2020 Field Technician $67 Engineering Technician $82 Assistant CAD Drafter $97 Senior CAD Drafter $118 Associate Designer $123 Senior Designer $133 Design Project Manager $164 Assistant Engineer $103 Associate Civil Engineer $128 Senior Civil Engineer $164 Traffic Analyst Technician $82 Associate Traffic Analyst $97 Senior Traffic Analyst $133 Traffic Engineer Technician $82 Associate Traffic Engineer Traffic Engineer �$144 Senior Traffic Engineer CONSTRUCTION Labor Compliance Analyst $123 Funds Coordinator $123 Utility Coordinator $138 Office Engineer $113 Construction Inspector $118 Senior Construction Inspector $133 Construction Manager $164 ResidentEngineer $164 Public Works Inspector $118 Senior Public Works Inspector $133 Supervising PW Inspector • Survey Analyst $138 $118 Senior Survey Analyst $123 2 Man Survey Crew $287 Survey & Mapping Specialist $164 Licensed Land Surveyor • Funds Analyst $179 $103 Senior Funds Analyst $123 Graphic & Rendering Designer $113 Grant Writer $123 Funds & Grant Project Manager $154 Principal Engineer 1 $185 1 All fees are Increased each yearJuly let automatically by the percentage change Los Angeles -Long Beach -Anaheim California Consumer Price Index -All Urban Consumers ('CPI-U") for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic. y W O Y. N LU a W W 4.O LU a W W O a W a O. F S r O N uj a W N oo ^L U LL I.- w J U. W O W a W p o W m r J O y ui U. W G W a w .: e o Ci 2 r G w G LL '. W '.n W p o O W a LU W p v N ao N r� >- o o fir► z O w o vai LL+ r ti rrt Q > p a cri W Nio tq y IL r vs y Qw N t1 w Q a Z y OWc m y W Z K C9 2 Q U,a N O y U N z!W N I W C F W Oi p: VJ w r g I o a m I o W LL ar o Oi O w („� p N w p N O.: p N F N Z r N y N U' N N F g r S O S o r � w 0 G a to t a OLL w y V W LL w a... r, LL w Q ZQ LL: W U O. a W W y LL W O W >ui LL fq U:W Z LU UIN U p; Z K �O ZOr0Z a ZI.Q U Z WZ U S 0 � K V >a � >i tr.D U � N) W 3 W J w y Z Q W y O y 0 Lu O r y a O J � U, W J W -j g J t7. Z J J - Q J J J m J a r J Q U W J S J y GC to U a a r O a y a� F r O r a m U r W an d r W W W r W u. y r W of W a rQ F- W W W: 2 y W J W U' S.N G G ap G �aK O GK G: ar O 40 U C! LL W y W om m LL W.y m O m U. r m r �� 7 m '� �- 2� O m� 2 O m r W m z_ Q 7 m U V U z W J a G J y J y 2a' J Q J %' a Ja' J LL J 5 Co Z> Z U Z a y 7>$ Z Q S Z U U' 3 O W O w Z V < 1 Z Z r? a% 2' Z Z Z W Q o Z a Q a LL>1 ai W Q Wz a a Q J' �. y a Q Z W a Q <OD Q r �Li '.. F 0 J a aZ J C :1 a W O J a Q J J r m r r N r r r w U r W r U F, O � O Q g 0 �: w � a m Or W z Or y� Or C p„ W f- .: LL r r O r W LL �;0 a zrz � _ y iW7 m m � U W z w a W Z Q 00 w a w m 3 a W (95 O Z IL U Z > 0 W W I y a W >0 a n aLU W z ': Z j W N y w G W g O W Og U U- m : (9 w W U)O t.1 O W U. V U. W p S I_ U 0 U. LU W w U U Z U a 0O O O a Q r Q W W c� 0 o 0 m I 1 1 1 1 1 1 CD IL w H a C7 y N N W z W g g o x ho m 8 Po m CD N 0 N> Q U. U. p� c E o 0 z ai W ¢ a ` z a cW> z E a J a w a W o o O O j z W y a a z a d E ti p a f..) 'U. LU N LU S m W U C1 a U' a w x i w Q Z a wLU LL Q� a Z F W m . =8' 12 9oo� g EIRsa C ~ F" W W `G 3 _ m W Z N aorw og�� V Ci�aww � E v N x x y LU olg o. .eLL� U O a � � azaLLw ,wm �w z � �w 12 pt E'S2 1-2 ¢n E acHi _ O CND IL y W his y Q Z .'c.. (C(,��i K '& (C�� K W N N W fA g `8 m JQ m m 03 p zz az za zzzIx ad Z U 1�. ,Q W E n o w Q xag 'i W a W W 0 W a Q J z W: ula a IL a 03 §� a z J W -52 m '' 5 _ F Q i Li Z W a m = k r o W G C ,§ m LL W c$ k N w LLO� m s v m U k W c� g5yj c E E Q z V V z" mg ax� oggr %I �j34.zY chi S2m0 l.7h j �/1yS m� Us FRi' °=°Z y ULL=6 �sE d 3 rn E WqQ' ¢C' ���555???yESSS e m � {En .� d� EiE'Ea,Qn Z w M C4 O �:I a .- u t7 o 9L LU G w ma 1 1 9 ma 1 �,� N � N'; �: m wLL. $ E E Q N E 6 E Fjg Q O UJ 0 UJ J F a 12 O O z W N Q o f Z �.... Z Z w a o " va c E �2 ^44 U E m 12 42 HISLU a V O h to m d OR U. O U EE E cd0 a E E^ E CWl � N Zama V K W aLL= aoM Qa�� m N U m Q W W' Q. : z _.. V Q m m CW9 O WW U Oo�a vWi zd 6uQ7 z o z, O e Q IL 2 26 0 W W z O N, � O Wco w ui 9 �. aLU _ 0 J Q 0. W (/J Q O a o CT LU N y Z 0 z O Z W <"1 z U. z LU H°�m z z o a0 aW U w V LU Z z m ,. z VCL w z V UA f Z g O N LL w w z z U O a wo a O =l wo LL LU 0 0 a 9 Z:5 U OO i7 W yd w N Wc�ia� 0 w 3 W z O aN m 6 ¢ O um� 11/16/2020 Print Staff Report Prepared by: Jeff Anderson, Community Development Director Fiscal Impact FISCAL IMPACT: The fiscal impact would include the following: 1. Increase the annual budget for Engineering Services from $400,000 to $700,000 utilizing $84,000 in general fund monies and $616,000 in transportation restricted funds; 2. Increase the annual budget for Capital Improvement Projects to a not to exceed amount of $1,000,000 funded from capital project costs; and, 3. Increase the annual budget for Building Services from $300,000 to $940,000 with additional costs off- set by Building fees. Attachments Attachment No. 1 - First Amendment with Transtech Attachment No. 2 - Professional Services Agreement with Transtech Attachment No. 3 - First Amendment with Willdan Attachment No. 4 - Professional Services Agreement with Willdan CITY Achieve Fiscal Sustainability and Financial Stability COUNCIL Enhance the City Image and Effectiveness GOALS & Engage in Proactive Economic Development OBJECTIVES: https://destinyhosted.com/print_ag_memo.cfm?seq=626&rev_num=0&mode=Extemal&reloaded=true&id=93762 3/3 Is m q 9 i 7ii Q A G G F s $ 5-1 r � o � o e N o e e a o m a o a. V IZ a RS R C a S. & fn F o C. G $ w � � Sf s w 6 IE - R F. h F 9 ^.. zl F w F NN� 0 53 8 y3 N X z a $$qq m �i oi n C� ~ 55 d ti�� g 3� m �.:. o�� n r-. o f N p p 8 o rm 8c 8 S 8 8 8 8 8 8 w r, 0 8 8 8 Ilia » » s r A rl r g tl P � a g F IQi pp � � LL.Lu \§ LU }` . \ ui : cm 0 to k \ . o LU \ f � § z \ ) � < k\ /\ E v :Z § o� � LU \ \ B ) \ / IL 0 § u: 00 7 LU i al ( 9\ k ¥ k b 0 § 0 \) LU } Z W 2 H W 13 J O V W ui U. O a yeyt� L O a � z p ui a W ate, e (W C 0 N m V O Z a V N = ? Z zLU aw 3 ~ -i a a N r LU c� 5_ W ZLU ` z Q Z F- 2 ui OF W � a V JO V > V W ~ 1- N W W g 5 v' yO W F L) p 0 LU zo U 0 � a Z Q W � � CD 00 0 0 d\ \� }/ \uj IS U) z «<. a < # R § — \L ?« 2 \ \ \ k \\ U § ca \ k \ § 2 ^ 2 0 x% § \ 7 z \ \ ui y< § CO) LULL. »2 bLU : § k _ N NNa y b i uj C9 G y,, tL G Q S ge a_ a r a: a W C9 . ui LU Q a z 0 O z U N � W U m w O � U U chi 0 w x U K N O c — th � vi � aR fA 1. U U cg w` o o LL`o L m LLL � O CJ (9 to to N c f4 N z N J ii cR (7 U' c C7 ti <sr of z � m � — � c� u`� c� � 9 ro a U o w .25 U d` Y_>wot m t� W N UJ M f%g 0 W'9 Request for Taxpayer Give Form to the Form Identification Number and Certification requester. Do not (Rev. October 201 send to the IRS. Department at Iho Tre a asury Intemm Revenue Service ► Go to www./rs.gov/FormW9 for instructions and the latest Information. 1 Nnme (as shown on your Income lax return). Name Is required on this line; do not leave this line blank. . TRANSTECH ENGINEERS, INC. 2 Business name/disregarded entity name, If different from above M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not Individuals; see n o ❑ Indlviduallsole, proprietor or /. Corporation ❑ 8 Capomaon ❑ Pi rtes-111P ❑ Trust/estate instructions on page 3): single -member LLC Exempt payee code Of any) a o Limited liability company, Enter the tax classification C=C corporation, S=S cor o anon, P=Parme mi ► ❑ Y� ( P r p) 2 Note: Check the appropriate box in the line above for the tax classilication of the single -member owner. Do not check Exemption from FATCA reporting C LLC if the LLCis classified as a single -member LLC That is disregarded from the owner unless the owner of the LLC Is code (If any) E — 0.ou-. another LLC that is net dlsregartled from the owner for U.S. federal tax purposes. Otherwise, a single -member LLD that is dlsregartled Irom Iha owner should check the appropriate box for the tax classification of Its owner. ❑Other (see lnslruclians)► prove.: roo«ovm: mo�„emoeovnaa rre esf � 5 Address (number, street, and apt, or suite no.) See Instructions. address (optional) y 13367 BENSON AVE. 17od 6 City. sleto, and ZIP code CHINO, CA 91710 7 List account numbers) here (optionafl Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on Ho 1 However, ola L „r . Hovrevem backup withholding. For Individuals, this is generally your social security number ISSN). r, for M or a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it Is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is In more than one name, see the instructions for line 1. Also see What Name and I Employer identlgceg n number Number To Give the Requester for guidelines on whose number to enter, F_.F__FJ_J___�� Under penalties of perjury, I certify that; 1. The number shown on this form Is my correct taxpayer identification number (or I am walling for a number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S, person (defined below); and 4. The FATCA code(s) entered on this form (It any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out Item 2 above it you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Hero I u,: General Section references are to the Internal Revenue Code unless otherwise noted. Future developments, For the latest Information about developments related to Form W-9 and Its instructions, such as legislation enacted after they were published, go to www3re.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer Identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (Interest earned or paid) Dale► 1p, 7. 2011 • Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-0 (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (Including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withholding, later. Cat. No. 10231X Form YY-9 (Rev. 10-2018) 9. CITY REQUIRED FORMS 9.1 XAttachment A NON -COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the Principal of TRANSTECH Engineers, Inc, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, eonwmnication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, .joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or site has full power to execute, mid does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is trueid correct and that this 8e�clm'ation is executed onApril 9, 2019 [date], at CF no [city], _[state]." Firm TRANSTECH Engineers, Inc. (Signature) Street 13367 Benson Ave Chino CA 91710 State_ Zip Abroad Ansari, PE, Principal (Print Name & Title) Ii 1' CITY ENGINEER SERVICES, TRAFFIC ENGINEER SERVICES TRANsrech ON -CALL GENERAL ENGINEERING SERVICES /:UWII:�yrlur�l�Yli�[I][I FIRST AMENDMENT TO CITY OF WEST COVINA PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH CONSULTING GROUP FOR ENGINEERING SERVICES AND FOR PROCESSING CAPITAL IMPROVEMENT PROJECTS This is the First Amendment to the Agreement dated September 6, 2019 between the CITY OF WEST COVINA, a municipal corporation, hereinafter referred to as "City" and, TRANSTECH, hereinafter referred to as "Contractor" ('Original Agreement') is made and entered into as of February 4, 2020. In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follow: SECTION 1. RECITALS. This Agreement is made and entered into with respect to the following facts: 1. WHEREAS, the Original Agreement included compensation amount of $800,000 and included a term of two years with three, one-year extensions. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 2. The Compensation and Billing shall be modified to clarify that Compensation (2.1) is $800,000 annually for Engineering Services ($3,500,000 over the 1de of the contract) and that compensation for preparing and completing Capital Improvement Projects will be separate from Engineering Services and based on the processing of each Capital Improvement Projects. 3. Except as herein amended, the terms and conditions of the Original Agreement, executed on September 6, 2019 shall remain in full force and effect. [Signatures on following page.] A� a CERTIFICATE OF LIABILITY INSURANCE OAT8DI'YYY) 115/2 /15/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement($). PRODUCER Dealey, Renton & Associates 790 E Colorado Blvd., #460 Pasadena, CA 91101 CONTACT NAME: Mafie Swaney PHONE T FAX N EMI' 626-844-3070 IA/CE-MNel• _ ADDRESS mswaney@dealeyrenton.corn INSURER $AFFORDING COVERAGE NAIC N License #0020739 INSURER A: Travelers Indemnity Co. of Connecticut 25682 _ INSURED TRANSENGII Transtech Engineers, Inc. 13367 Benson Ave. Chino, CA 91710 INSURER B: Travelers Pro ert Casua t Co of Ameri 25674 INSURER C: Hartford Casualty InSUfanCe Co. 29424 - .,INSURER o: Berkley Insurance Company _ INSURER E; 909 595-8599 INSURER F COVERAGES CERTIFICATE NUMBER: 1719355198 REVISION NUMBER: THIS I5 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R TYPE OF INSURANCE ADDL WVSUE� POLICVNUMBER MMIODY� MMIDDVEXI IYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY V Y 6805H737478 12/31/2018 12/31/2019 EACH OCCURRENCE _ —RENTED $1,000,000 CLAIMS -MADE 111 OCCUR DAMAGE T PREMISES (Ea occu encel _ $1,000,000 X MED EXP(Any one person) $10,000 Contractual Uab XCU IecluEetl PERSONAL & ADV INJURY $1,000,000 X AGGREGATE LIMIT APPLIES PER: POLICY JECOT LOC OTHER: GENERALAGGREGATE $2,000,000 GENT PRODUCTS - COMP/OP AGG 52,000,000 $ A AUTOMOBILE LIABILITY Y V BA4F174049 12/31/2018 12/31/2019 ED Ee aWdenISINGLE LIMIT $1,000,000 BODILY INJURY (Par person) $ ANY AUTO BODILY INJURY(Per—dent) $ OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X N..wn Autos PROPERTY DAMAGE $ $ B X UMBRELLA LIAB X OCCUR Y Y CUP4F17434A 12/31/2018 12/31/2019 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION$ $ C WORK ERSCOMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNEWEXECUTIVE ❑ OFFICERIMEMSER EXCLUDED'1 IMandatary In NH) NIA V 72WEGAA508A 9/1/2019 9/1/2020 X STATUTE EORH _ E.L. EACH ACCIDENT_ .... $1,000,000 E. L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE- POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below D Professional liability AECO02574901 12/31/2018 12/31/2019 Par Claim Annual A9g1e9ale 2,000,000 2.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schetlule, raay ba aneched it more space Is requiretl) Insured owns no company vehicles; therefore, hired/non-owned auto is the maxinit'1m coverage that applies. Umbrella policy is follow -form to its underlying Policies: General Liability/Auto Liability/Employers Liability. Professional Liability is E&O Liability. RE: On -Call Traffic Eng Svcs & General Eng Svcs -- City of West Covina, The City, its officers, officials, employees, and volunteers are named as additional insured as respects general and auto liability as required per written contractor agreement. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached end Drsement(s). Professional Liability policy is the only policy that has a deductible which is: $50,000 per claim. CERTIFICATE HOLDER CANCELLATION 30 Day Notice SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of West Covina I ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management 1444 W. Garvey Ave, S. j AUTHORIZED REPRESENTATIVE West Covina CA 91790 1 t , ,(e' V 'I Bee-LVT�HVVRU I.VRrVRH IIV IY. HII IIgrlts rcaclvcr+. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 68051-1737478 ISSUED DATE: 8/15/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you agree in a written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazards." This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 POLICY NUMBER: 680511737478 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS - PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary (1) The "bodily injury" or "property damage" for which Insurance, of SECTION IV — COMMERCIAL GEN- coverage is sought Is caused by an "occurrence" ERAL LIABILITY CONDITIONS: that takes place; and However, if you specifically agree in a written contract (2) The "personal injury" or "advertising injury" for or agreement that the insurance afforded to an addi- which coverage is sought arises out of an offense tional insured under this Coverage Part must apply on that is committed; a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that subsequent to the signing and execution of that con - is available to such additional insured which covers tract or agreement by you. such additional insured as a named insured, and we will not share with that other insurance, provided that: CG D4 25 07 08 © 2008 The Travelers Companies, Inc. Page 1 of 1 Policy # BA41`174049 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.S., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident' or 'loss", provided that the CONDITIONS Section: "accident' or 'loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. /:UWII:�yrlur�l�Yli�[I]�c] FIRST AMENDMENT TO CITY OF WEST COVINA PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING FOR BUILDING SERVICES This is the First Amendment to the Agreement dated September 6, 2019 between the CITY OF WEST COVINA, a municipal corporation, hereinafter referred to as "City" and, WILLDAN ENGINEERING, hereinafter referred to as "Contractor" ("Original Agreement') is made and entered into as of February 4, 2020. In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follow: SECTION 1. RECITALS. This Agreement is made and entered into with respect to the following facts: 1. WHEREAS, the Original Agreement included compensation amount of $940,000 and included a term of two years with three, one-year extensions. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 2. The Compensation and Billing shall be modified to clarify that Compensation (2.1) is $940,000 annually for Building Services, $4,700,000 over the life of the contract. 3. Except as herein amended, the terms and conditions of the Original Agreement, executed on September 6, 2019 shall remain in full force and effect. [Signatures on following page.] IN WITNESS WHEREOF, City and Contractor have executed this Second Amendment as of the date set forth above. CITY OF WEST COVINA WILLDAN: By: David Carmany By: William C. Pagett City Manager Senior Vice President By: Patrick Johnson Deputy Director of Building and Safety APPROVED AS TO FORM: Thomas Duarte City Attorney ATTEST: Lisa Sherrick Assistant City Clerk ATTACHMENT NO.4 CITY OF WEST COVINA PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING FOR BUILDING AND SAFETY SERVICES THIS AGREEMENT is made and entered into this 6th day of September, 2019 ("Effective Date"), by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and WILLDAN ENGINEERING, a California corporation ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to City to provide building and safety services, as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated, except that if Consultant is required to but does not yet hold a City business license, it will promptly obtain a business license and will not provide services to the City until it has done so; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. E. WHEREAS, Consultant responded to the City's Request for Proposals dated 4/18/19, incorporated via this reference as if fully set forth herein, and Consultant's response to the Request for Proposals was a material inducement to the City ultimately entering into this agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in the Scope of Services attached hereto as Exhibit "A," incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Willdan Engineering Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. City Officers and employees shall not be liable at law or in equity for any claims or damages occurring as a result offailure of the Consultant to comply with this section. 1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical or mental disability, medical condition, genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression, sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 1.8 Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Willdan Engineering Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "B," attached hereto and made a part of this Agreement (the "Fee Schedule"). Consultant's total compensation shall not exceed nine hundred and forty thousand Dollars ($ 940,000.00). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Scope of Services unless the City, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the "Scope of Services", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or to the maximum total contract amount of $25,000, whichever is greater. The Department Head or City Manager is authorized to approve a Change Order for such additional services. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be Willdan Engineering mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. Willdan Engineering IN WITNESS WHEREOF, City and Contractor have executed this Second Amendment as of the date set forth above. CITY OF WEST COVINA TRANSTECH By: David Carmany By: Ali Cayir City Manager President APPROVED AS TO FORM: Thomas Duarte City Attorney ATTEST: Lisa Sherrick Assistant City Clerk 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue through September 1, 2021, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. Thereafter, this Agreement may be extended for a maximum of three (3) successive one (1) year periods. Such extensions, if any, will be evidenced by a written amendment to this Agreement. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement. The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should: a. Be adjudged a bankrupt; b. Become insolvent or have a receiver of its assets or property appointed because of insolvency; C. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement; e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City's written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of the Consultant, whichever occurs last. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. 5 Willdan Engineering 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best's rating of no less than A:VII, and approved by City: (a) Broad -form commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than Two Million Dollars ($2,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per accident for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. By execution of this Agreement, the Consultant certifies as follows I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work. The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section. Willdan Engineering (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence or claim, and Two Million Dollars ($2,000,000.00) aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made' policy, the retroactivity date shall be prior to the start of the contract work set forth herein. Consultant shall obtain and maintain said E&O liability insurance during the life of this Agreement and for five (5) years after completion of the work hereunder. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the effective date of this Agreement, Consultant shall purchase "extended reporting" coverage for a minimum of five (5) years after completion of the work. If the Consultant maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. (b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Consultant's insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy. (d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. Willdan Engineering Coverage Applies Separately: The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Key Personnel. It is the intent of both parties to this Agreement that Consultant shall make available the professional services of Patrick Johnson, Building Official, who shall coordinate directly with City. Any substitution of key personnel must be approved in advance by City's Representative and the Agreement shall be amended to reflect the changes. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. Willdan Engineering postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY Willdan Engineering City of West Covina 13191 Crossroads Parkway North, Suite 405 1444 West Garvey Ave. South Industry, CA 91746-3443 West Covina, CA 91790 Tel: 562-908-6200 Tel: 626-939-8423 Email: pjohnson@willdan.com Email: jnderson@westcovina.org Attn: Patrick Johnson Attn: Jeff Anderson 6.5. Attorneys' Fees. If litigation is brought by any party in connection with this Agreement against another party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in performing this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness orwillful misconduct of the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon such negligence, recklessness, or willful misconduct, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained in the City's specifications, which shall be of no force and effect. Willdan Engineering 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, 10 Willdan Engineering information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents. 6.13. Electronic Safeguards. Consultant shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of the information. Consultant shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment. 6.14. Economic Interest Statement. Consultant hereby acknowledges that pursuant to Government Code Section 87300 and the Conflict of Interest Code adopted by City hereunder, Consultant is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice under this Agreement, prior to the commencement of work, unless waived by the City Manager. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections 1090-1092. Consultant covenants that none of Consultant's officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be used by Consultant as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement. 6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental 11 Willdan Engineering beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.21. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.22. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.24. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures. 6.25. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. 6.26 Taxpayer Identification Number. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service. [SIGNATURE PAGE FOLLOWS) 12 Willdan Engineering IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF WEST COVINA, A municipal corporation C" David N. Ca any City Manager CONSULTANT r - William C. Pagett Senior Vice President Patrick Johnson Director of Building and Safety ATTEST: Carrie Gallagher Assistant City Clerk APPROVED S TO`FORM: Thomas 1' Duartel;� City Attorney APPROVED AS TO INSURANCE: Risk Management Date: 1W " C-7 - Il Date: s� n Date: (J 6 2 d /1 - — Date: `1-- Date:---9�—A L 6N Willdan Engineering 13 EXHIBIT A SCOPE OF SERVICES 14 Willdan Engineering ATTACHMENT NO. 2 CITY OF WEST COVINA PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH FOR CITY ENGINEER SERVICES, TRAFFIC ENGINEER SERVICES AND ON -CALL GENERAL ENGINEERING SERVICES THIS AGREEMENT is made and entered into this 61h day of September, 2019 ("Effective Date"), by and between the CITY OF WEST COVINA, a municipal corporation ("City'), and Transtech, a California Corporation ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to City, as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized training and experience contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated, except that if Consultant is required to but does not yet hold a City business license, it will promptly obtain a business license and will not provide services to the City until it has done so; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. E. WHEREAS, Consultant responded to the City's Request for Proposals dated March 12, 2019, incorporated via this reference as if fully set forth herein, and Consultant's response to the Request for Proposals was a material inducement to the City ultimately entering into this agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in the Scope of Services attached hereto as Exhibit "A," incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also represents that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way Transtech Engineers, Inc. A. General Responsibilities Under the direction of the Community Development Director, the selected firm would assume the responsibility for the operation of the Building and Safety Division and would provide the range of expertise necessary to carry out the normal and day-to-day activities and functions of the Division. This includes, but not limited to providing professional services in all the following areas: Building Official services, development review of new projects, counter assistance, plan checking, building code compliance, and "on -call" inspection services. It is the City's intent to select one (1) firm to provide the requested services. The City of West Covina is committed to providing the most efficient and timely customer service possible to meet the needs of the community. The selected firm will be expected to provide excellent front-line customer services to the City's patrons, responding quickly and effectively to the walk-in, telephone, and electronic inquiries from the public related to Building and Safety services. The selected firm will be expected to work closely with all City departments and divisions and ensure that the appropriate requirements of those departments and divisions are incorporated in the Building and Safety Division's operating standards and processes. B. Building Official Services The selected firm shall provide a highly qualified individual to serve as the City's Building Official. The Building Official shall oversee plan checking, building and grading inspections, building code compliance, and acts as an official City representative on building related matters. Service will include but are not limited to the following: 1. Quality control review of plan checks and inspections 2. Building Code updates and adoption 3. Resolution of resident inquiries and complaints 4. Building Official Administration, processing of complex Building Code issues and dispute resolution 5. Maintain and update the Building and Safety counter brochures and "hand-outs" 6. Monthly reporting of Building and Safety activities and annual reporting 7. Participate in pre -development review and provide comments 8. Attendance of pre -development review meetings 9. Processing of City Council staff reports (as needed) 10.Attendance at Planning Commission and City Council meetings (as needed) The ideal proposal would include an International Code Council (ICC) Certified Building Official who is available to be at the City part-time (10 hours minimum) and as needed, has at least 5 years of Building Official experience, is customer -service oriented, and has experience with managing multiple tasks, assignments and responsibilities. The Building Official shall also be available on an as needed basis for questions and quality control of work during the time he/she is not at City Hall. 15 Willdan Engineering C. Inspection Services The selected firm shall provide a Building Inspector, acceptable to the Community Development Director, on an as needed/on-call basis to provide Building and Safety Services. Specific responsibilities include but are not limited to the following: 1. Inspection services (residential, commercial, and other nonresidential projects) for building code, accessibility, grading, building, electrical, mechanical, plumbing, etc. 2. Maintain permit forms and handout materials related to permit requirements and issuance 3. Handle project inquiries and resolve complaints 4. Maintain records and files concerning construction permits and building code administration (including documents for storage and/or imaging) The ideal proposal would include an International Code Council ([CC) certified Building Inspector who is available to be at the City as needed/on-call, has at least 5 years of building inspection experience inspecting residential, commercial, and mixed -used buildings, has experience inspecting structural systems, has experience inspecting electrical systems, is customer -service oriented, and has experience with managing multiple tasks, assignments and responsibilities. D. Building Permit Technician Services The selected firm shall provide a Building Permit Technician, acceptable to the Community Development Director, on an as needed/on-call basis to provide Building and Safety Services. Specific responsibilities include but are not limited to the following: 1. Reviews permit applications, calculate fees in accordance to established fee schedule, receive permit application/plans for plan check processing, and issue permits 2. Handle project inquiries and resolve complaints 3. Maintain records and files concerning construction permits and building code administration (including documents for storage and/or imaging) The ideal proposal would include a Building Permit Technician who has at least 2 years of permit issuance experience in a municipal government department and responsible clerical experience requiring the application of policies and procedures. E. Plan Check Services The selected firm shall provide qualified plan check professionals on as needed basis. The selected firm shall provide such personnel based on the volume of work and the City's expected plan check turn -around times as described in Section E below. 16 Willdan Engineering 1. Plan checking includes code, accessibility, grading, erosion control, building, electrical, and plumbing work, etc. Fire code plan review will continue to be performed by the West Covina Fire Department. 2. Plan check monitoring, permit issuance for grading, building electrical, mechanical, and plumbing, etc. 3. Handle project inquiries and resolve complaints 4. Inspection services for code, accessibility, grading, building, electrical, mechanical and plumbing, etc. (as needed) The ideal proposal would include an International Code Council (ICC) Certified California Building Plans Examiner with at least 5 years of plan check experience, committed to providing the most efficient, accurate and timely plan check services possible to meet the needs of the City, has previous City experiences, is customer -service oriented, and has experiences with successfully managing multiple tasks, assignments, and responsibilities. The plan checker may substitute for a portion of the required time the Building Official is available at City Hall. F. Maximum Service Delivery Timeframes The City has established the "Maximum Timeframes" for the delivery of Building and Safety Services. The selected firm shall provide adequate personnel, based on the level of development activity within any given time, to ensure that the following timeframes are met. Service Timeframe for Deliver Major plan check such as new single- 10-15 business days family house, multi -family residential, commercial and other non-residential project Subsequent & resubmitted plan checks; 5-10 business days simple tenant improvements for non- residential buildings Minor plan checks such as room additions 3 business days or over the counter during of single-family house, detached a designated time period each day accessory structures, re -roofing, wall signs, swimming pools, etc. Building inspection As needed/On-call Grading Ian check for new construction 10-15 business days Subsequent or resubmitted grading plan 5-10 business days checks Grading inspection As needed/On-call Return of phone calls Within 24 hours or next business day Monthly accounting and reporting Completed at the end of each month The selected firm shall be responsible to ensure that all other Building and Safety duties and follow-up not specifically mentioned in the table above are performed in a timely 17 Willdan Engineering manner. The selected firm shall be responsible to ensure all personnel assigned to the City have sufficient on -going training to perform their assigned duties. G. Emergency Response In the event of a local or regional emergency or disaster, personnel provided by the selected firm shall be accessible, available, and prepared to provide Building and Safety services as directed by the City. 18 Willdan Engineering EXHIBIT B FEE SCHEDULE 19 Willdan Engineering Building and Safety Services Willdan will provide all services lised in scope of services for following percent of fees 70 %* of net City monthly revenue. For completion of plan checks for which plan check fees were collected by the City prior the effective date of this contract, for open permits issued prior the effective date of this agreement, and for no fee plan checks and no fee permits such as City projects, Willdan provide Building and Safety Services for following hourly rates: Plan Check Examiner $115.00/hour Plan Check Engineer $133.00/hour Building Official $140.00/hour Building Inspector $100.00/hour Permit Technician $ 70.00/hour Upon adoption by the City Council and upon the effective of the new building and safety fees, Consultant's percent of fee compensation will be reduced to 50% of net City Monthly revenue. 20 Willdan Engineering Non -Collusion Affidavit (Attachment A) Willdan has attached its signed, notarized Non -Collusion Affidavit (Attachment A) on the following pages. Attachment A NON -COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND suBmiTTED WITH BID 'fhe undeesi�ncdsdeclares: . I am the �,'._�, of Willdan Engineering _, the party making the fofegoing bid. The bid is not made in the interest of. or nn behalf oG any undisclosed person, partnership. compalry, association. organization, or corporation. The bid is genuine and not collusive or sham. The hidden has not directly or indirectly induced or solicited any other bidder to put in a 6dse or sham bid. The bidder has not directly or indirectly colluded. conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 'rhe bidder has not in any manner, directly or indirectly, sought by agreement. communication, or conference wide anyone to fir the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, All statements contained in the bid are true. The bidder has not. directly or indirectly. submitted his or her bid price or any breakdown thereof or the contents thereof'. or divulged information adata relative thereto. to any corporation.. partnership, company, association, orgmnirdion, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, ally person or entity for such purpose. An), person executing This declaration on behalf of a bidder that is it corporation. partnership. joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute. this declaration on behalf ofthe bidder. I declare under penally of perjury under the laws of the State of California that the foregoing is (rue and correct and that this declaration is executed on May la,2o19[date], at Coy of Indust y CA [state]:' Firm �Wi4dan Engineering \�-- James M. Guerra, Director of Building and Safety (Signa(ure) (Print Name & Title) Street hies crossroads earaway City Industry State CA Zip 91746 Proposal to Provide aoild,ng and Safety Services RFP No. 441-004 ACORO DATE(MM/DD/1'YYY) CERTIFICATE OF LIABILITY INSURANCE DB ,2D,9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED - REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. a IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this y certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ann Risk Insurance Services West, Inc. Los An eles CA Office 707 Wilshire Boulevard suite 2600 CONTACT NAME: LL L B PHONE EXg: (866) 283-7122 FAX Na 1; (800) 363-0105 E-MAIL INSURER(5)AFFORDING COVERAGE NAIC 7F Los Angeles CA 90017-0460 USA INSURED INSURERA: Travelers Property Cas Co of America 25674 will l don Enaineerinq- Industry 2401 East Katella Avenue Suite 300 INSURER B: Lexington Insurance Company 19437 INSURERC: INSURERS: A 92806 USA Anaheim C INSURERE: NSURER F: COVERAGES CERTIFICATE NUMBER: 570077919975 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADO INSD R WVO POLICY NUMBER POLICY EFF M.DDIYYYY PO EXP MM'mUYYY LIMITS A X COMMERCIALGENERALLIABILITY P 79 58 TILl EACH OCCURRENCE $1,000,000 CLAIMS -MADE ❑X OCCUR D GE TO RENTED PREMISES Ea occuaence $1,000,000 X Employee Benems Liability MET, EXP (Any one person) $15 , 000 X Conlracleal Liabift, Included PERSONAL& ADV INJURY $1,000,000 GERLAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 X POLICY ❑JEC7 LOC PRODUCTS -COMPIOPAGG $2, 000,000 OTHER: A AUTOMOBILE LIABILITY P-810-71365332-TIL-18 11/09/201811/09/2019 COMBINED SINGLE LIMIT Ea accident $1,000'000 m BODILY INJURY(Perpersan) X ANYAUTO 2 BODILY INJURY(P—Wdeni) OWNED LED AUTOS ONLYPICHEIU ADTOS HIRE. AUTOS NONnWNED LY AUTOS ONLY Y rj w N PROPERN DAMAGE Peraccitlenl A X UMBRELLA LIAB X oCCUR CUP915811041843 11/09/2018 11/09/2019 EACH OCCURRENCE $5,000,005 U EXCESS LIAB CLAIMS -MADE AGGREGATE $5,000,000 DEDI RETENTION A WORKERS COMPENSATIONAND UBOL6636781843G 11/09/2018 11/09/2019 X PER STATUTE or. ER EMPLOYERS' LIABILITY ANY PR— FFICERIME=1.1 THEDa�cUTIVE Y� (Mandatory in NH) Ryes, desenbe under DESCRIPTION OF OPERATIONS below NIA E.L EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000— B Archit&Eng Prof 028174912 SIR applies per policy ter li/09/2018 s & condi 11/09/2019 ions Aggregate Per claim $2, 000,000 81, 000, 000 — DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Sch—K, may W aaaehed if more space is required) IS'J The City of West Covina, and its elected and appointed boards, officers, ffi ci als, ag9ents, mployees, and volunteers are included as Additional Insured in accordance with the policy provisions of the GEneral Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are Primary and Nan -contributory to other insurance available to Additional Insured, but my in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of city in accordance with the policy provisions of the General Liability, Automobile Liability and workers' Compensation policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of West Covina AUTHORIZED REPRESENTATIVE Attn: Leff Anderson west West West Garvey Ave, South Covina ra 91790 USA cJYon �Ta�rfi�i�drot��ra el�wexd Y!� ✓n� 91988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Policy Number: P6307J366586TIL18 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of 'your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance", This endorsement shall not increase the limits of insurance described in Section III — Limits Oflnsurance. d. This insurance does not apply to the render- ing of or failure to render any 'professional services" or construction management errors or omissions. e. This insurance does not apply to "bodily in- jury" or 'property damage" caused by 'your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible 'other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that 'other insurance". But. this insur- ance provided to the additional insured still is ex- cess over any valid and collectible 'other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any 'other insurance". 3. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: a. The additional insured must give us written notice as soon as practicable of an 'occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D4 14 04 08 0 2008 The Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of other insurance which would or offense took place; cover the additional insured for a loss we it. The names and addresses of any injured cover. However, this condition does not affect persons and witnesses; and whether this insurance provided to the addi- III. The nature and location of any injury or tional insured is primary to that other insur- damage arising out of the "occurrence" or ance available to the additional insured which offense. covers that person or organization as a named insured. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2008 The Travelers Companies, Inc. CG D4 14 04 08 affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. City Officers and employees shall not be liable at law or in equity for any claims or damages occurring as a result of failure of the Consultant to comply with this section. 1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Compliance with Applicable Laws. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical or intellectual disability, medical condition, genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. Notwithstanding the foregoing, Consultant shall not be restricted from disclosing confidential that is reasonably necessary for Consultant to disclose to Consultant's employees, subconsultants and the general contractor and subcontractors, if appropriate, or information in whatever form that is in the public domain. Nor shall Consultant be restricted from giving notices required by law or comply with an order issued by a court, administrative agency or other legitimate authority, or if disclosure is reasonably necessary for Consultant to defend itself from any legal action or claim. Transtech Engineers, Inc, TRAVELERS WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 00 03 13 (00) - 002 POLICY NUMBER: UB-OL663678-18-43-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. INCLUDING: CONT.-JOB DESCRIPTION: PROFESSIONAL SERVICES FOR CITY ENGINEERING AND TRAFFIC ENGINEERING SERVICES. DATE OF ISSUE: 12-19-18 STASSIGN: PAGE 1 OF TRAVELERS, WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 99 03 76 ( A) - 002 POLICY NUMBER: UB-OL663678-18-43-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 2.00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. INCLUDING: CONT.-JOB DESCRIPTION: PROFESSIONAL SERVICES FOR CITY ENGINEERING AND TRAFFIC ENGINEERING SERVICES. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy NO. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 12-19-18 ST ASSIGN: Page 1 of i Policy Number: P8107J365332TI1_18 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF R RI ANKFT ADDITIONAL INSURED USE — INCREASED LIMIT C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage, Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c, in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section IL C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II — COVERED AUTOS tions. LIABILITY COVERAGE: (fi) Neither you nor any other involved An"employee" of ours is an "insured" while us- Y Y "insured" will make any settlement ing a covered "auto" you don't own, hire or borrow without our consent, in your business or your personal affairs. (ill) We may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION If — COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in - we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II — COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses, hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re - and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter - partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada, members of their households. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto' will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident', I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto'. This coverage applies only in the event of a total theft of your covered "auto'. No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., EXCI4- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto' you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto' is a covered "auto' for Compre- hensive Coverage underthis policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident' or "loss" ap- plies only when the "accident' or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident' or "loss", provided that the "accident' or "loss" arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO POLICY NUMBER: P8107J365332TIL18 ISSUE DATE: 11/09/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR LIABILITY COVERAGE - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided underthe following: BUSINESS AUTO COVERAGE FORM SCHEDULE OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS AS PER WRITTEN CONTRACT OR AGREEMENT PROVISIONS 1. The following is added to Paragraph G. in A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: This includes any person or organization designated in the Schedule Of Additional Insured Persons Or Organizations who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Liability Coverage, but only for damages to which this insurance applies and only to the extent of that designated person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph 5., Other Insurance, in B., General Conditions, of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which the person or organization designated in the Schedule Of Additional Insured Persons Or Organizations is the first named insured when the written contract or agreement between you and that designated person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T4 42 08 17 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: P6307J366586TIL18 ISSUE DATE:11/09/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 Days PERSON OR ORGANIZATION: As Per Written Contract or Agreement ADDRESS: PROVISIONS: If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. IL T4 05 03 11 © 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 1.8 Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "B," attached hereto and made a part of this Agreement (the "Fee Schedule'). Consultant's total compensation shall not exceed eight hundred thousand Dollars ($ 800,000.00). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal unless the City, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or to the maximum total contract amount of $25,000, whichever is greater. The Department Head or City Manager is authorized to approve a Change Order for such additional services. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2A. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "C," attached hereto and incorporated herein by this reference. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds Transtech Engineers, Inc. for termination of this Agreement 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of two years, ending on September 6, 2021, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. Thereafter, this Agreement may be renewed for a maximum of three successive one (1) year terms not to exceed three (3) years. Such renewal will be evidenced by a written Amendment upon written notice of City given to Consultant at any time prior to the expiration date of the Agreement. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement. The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should: a. Be adjudged a bankrupt; b. Become insolvent or have a receiver of its assets or property appointed because of insolvency; C. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement; e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or Transtech Engineers, Inc.