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Item 08 - Consideration of Engineering Services Contract ApprovalAGENDA ITEM NO.8 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: August 20, 2019 TO: Mayor and City Council FROM: David Carmany Interim City Manager SUBJECT: CONSIDERATION OF ENGINEERING SERVICES CONTRACT APPROVAL RECOMMENDATION: It is recommended that the City Council take the following actions: 1. Approve Transtech for City Engineering Services, Traffic Engineering Services and General Engineering Services for two years ending September 1, 2021; and 2. Authorize the City Manager to execute a contract with Transtech not to exceed $800,000. BACKGROUND: Historically, the City of West Covina has provided Engineering services through a fully staffed Engineering Division of a Public Works Department. In 2015, the City determined to hire a Traffic Engineer to oversee traffic issues and improvements. Willdan was hired at that time to provide Traffic Engineering services. In June of 2018, upon the resignation of the Public Works Director/City Engineer, the City contracted Willdan to provide a Public Works Consultant/City Engineer to supervise the Engineering responsibilities. In November of 2018, City Hall was reorganized to eliminate the Public Works Department and create the Community Development Department (Building, Economic Development, Engineering and Planning) and the Public Services Department (Community Services and Public Works Maintenance). In June of 2019, as part of the discussions on the Fiscal Year 2019-20 Budget, it was determined that the remaining Engineering Division positions would be eliminated (vacant and filled positions) and an Engineering consultant firm would be contracted to provide all Engineering services for the City. DISCUSSION: On March 12, 2019, staff issued a Request for Proposals (RFP) for Engineer Services, Traffic Engineering Services and On -call General Engineering Services. Notifications of the RFP were sent to 70 consulting firms that provide these type of services. On February 21, 2018, eight proposals were received and the proposals were reviewed by staff for relevant experience, qualifications of personnel, size of the firm and schedule of costs. Transtech scored the highest in the review of the proposals as they have provided engineering and traffic services to multiple cities and jurisdictions including Commerce, Monterey Park, Alhambra, South El Monte, Temple City and Cudahy and provided partial services to Placentia, Beaumont, Chino, Big Bear Lake, Menifee, San Fernando, and Costa Mesa. The proposed City Engineer is Michael Ackerman who has over 20 years experience in municipal engineering services. The company has over 100 employees providing some elasticity in the case of illnesses or prolonged time off by the consultant staff or if there is a need to increase staffing to complete an important project. Transtech scored well in the interviews as they expressed they are aggressive in finding outside funding sources, and especially in their use of electronic documentation including indexing, cloud based data sharing, and indexing of traffic review requests. Transtech expressed a desire to work with and be a part of City staff and expressed a culture of innovation in addressing issues and communicating with staff. Therefore, staff is recommending selecting Transtech for engineering services. OPTIONS: The City Council has the following options: 1. Approve staffs recommendation; or 2. Select another firm based on those that submitted proposals; or 3. Reject proposals and direct staff to send out another RFP. This option may not reduce costs any further but delay the process by a minimum of three to four months; or 4. Provide alternative direction. Fiscal Impact FISCAL IMPACT: The majority of Engineering expenditures are funded through special funds. Transtech will provide hourly rates as specified in Attachment No. 1, Exhibit B. Consultant work on Capital Improvement Program (CIP) projects are billed to each specific CIP project which is approved with the budget. Expenditures for Engineering will increase when more CIP projects are implemented. This approval shall be for an amount not to exceed $800,000. Attachments Attachment No. 1 - PSA with Transtech Attachment No. 2 - Resume of Ahmad Ansari ATTACHMENT NO.1 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 6th 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. 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. 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. 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 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; 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 4 Transtech Engineers, Inc. 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. 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. 5 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. (a) 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 6 Tnanstech 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 6A. 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 7 Transtech Engineers, Inc. Transtech 13367 Benson Avenue Chino, CA 91710 Tel: 855-595-2495 Email: ahmad.ansari@transtech.org Attn: Ahmad Ansari City of West Covina 1444 West Garvey Ave. South West Covina, CA 91790 Tel: (626)939-8422 Email: janderson@westcovina.org 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 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 Trenstech 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. 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. 11 Transtech 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. Carmany, City Manager CONSULTANT =' r Ali Ca ir, Presid�elnt Sybil Ca ir�etary ATTEST: Carrie Gallagher, Assistant City Clerk APPROVED AS TO FORM: Thomas P. Duarte, City Attorney APPROVED AS TO INSURANCE: Risk Management Date: Date: $ I of 2al n Date: Z l Date: Date: IV) 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 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 S. 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 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 6. 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 othercodes pertaining to 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 Citywith processing grant applications • Miscellaneous engineering tasks, feasibility studies,investigations, and other duties as directed bythe 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 ENGINEERING Field Technician $67 Engineering Technician $82 Assistant CAD Drafter $97 Senior CAD Drafter $118 Associate Designer $123 Senior Designer $133 Design Project Manager Assistant Engineer Staff Engineer [$128 Associate Civil Engineer Senior Civil Engineer Traffic Analyst Technician Associate Traffic Analyst $97 Senior Traffic Analyst $133 Professional Transportation Planner $154 Traffic Engineer Technician $82 Associate Traffic Engineer $128 Traffic Engineer $144 Senior Traffic Engineer $164 Project Manager $154 Senior Project Manager $164 Deputy City Engineer $144 Senior City Engineer $164 Principal Engineer $185 CONSTRUCTION Labor Compliance Analyst Funds Coordinator Utility Coordinator 1$113131 Office Engineer Construction Inspector Senior Construction Inspector Construction Manager $164 Resident Engineer $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 BUILDING Permit Technician $62 Building Inspector $87 Senior Building Inspector $97 Plans Examiner/Checker $123 Plan Check Engineer $133 CASp Plan Checker $144 Deputy Building Official $133 Building Official Community Development Technician $144 $62 Planning Technician $62 Assistant Planner $97 Associate Planner $113 Senior Planner $123 Planning Manager $138 Deputy Director $174 Director Administrative/Cledcal $185 $62 Project Accountant $77 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. 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N C O c m N EF N FJ W C C Of ¢ m Q 2 W U w U W > c w w m m W D C y O O m_ 0 ZS Y. `•uftj Oj -a 0= O vN3 N N y UJ .i� vNt N L� N L� GN NN N N C LL W ¢ U ATTACHMENT NO. 2 AHMAD ANSARI, PE, Principal EDUCATION Mr. Ansari, a Principal at Transtech, provides any contractual or technical supportand QC/QA if and when needed. Mr. Ansari has over30yearsof past experience in City and County Public Works and has worked at several municipalities in Southern California atexecutive management level: • CityofMorenoValley- PublicWorksDirector/CityEngineer • CityofRialto- PublicWorksDirector/CityEngineer • CityofPerris- PublicWorksDirector • CityofPomona- Deputy Public Works Di rector/Assistant City Engineer He has managed full-time staffing levels of up to 123, and served as the responsible in charge of numerous multi -disciplinary teams deal i ng with the businessof publicworks including: • Capital Improvement Program project management and delivery • Real Property/RightofWayacquisition and management • Trafficand Transportation engineering • BS Civil Engineering& • Private Development/Entitlement process review and approval Architecture, USC • Maintenance and Operations including roads, storm drains, sewers, • Resident Engineer parks, facilities, traffic signals,signs/striping, fleet Academy, Caltrans • Special Districts, Landscape/Lighting Assessment • Real Estate • Electric Utility • Participation i n Economic Development/Job Creation incentives through REGISTRATION effective i of rastructu re improvements • Registered Civil Engineer • Licensed Real Estate Most recently, he served as Interim City Manager at City of Rialto. Prior, he Broker managed the Orange County Public Works' 7-year Capital Improvement Program comprised of roads, flood and bikeway improvement projects HIGHLIGHTS • 33 years of past experience in Cityand County Public Works • CityofRialto— Interim City Manager • Countyof Orange Public Works- Administrative Manager • Cityof MorenoValley- PublicWorks Director/City Engineer • Cityof Rialto -Public Works Director/City Engineer • CityofPerris- Public Works Director • CityofPomona- Deputy Public Works throughout the County. He has a broad knowledge of local government operations, including preparation and presentation of agenda reports to advisory boards, commissions and city councils. He is well versed in public outreach and interaction with citizenry groups, committees and stakeholders. Mr. Ansari has excellent working relationshi pand rapport with regional and sub -regional governmental/regulatory agencies. He has represented cities/county at League of California Cities, CSAC/CEAC organizations, and APWA. Public Works and City/County Engineering pastpositions held • CountyofOrange- AdministrativeManagerll • CityofMorenoValley- PublicWorksDirector/CityEngineer • CityofRialto- PublicWorksDirector/CityEngineer • CityofPerris- PublicWorksDirector • CityofPomona- Deputy Public Works Di rector/Assistant City Engineer • CityofBurbank- SeniorCivilEngineer Multi-Million-Dollar/Complex Infrastructure Projects Managed County of Orange- Public Works, Roads- T� TRANNECh ATTACHMENT NO. 2 Director/Assistant City • Crawford Canyon Rd (Construction Phase) Engineer • Edinger Bridge Replacement (Construction Phase) • Cityof Burbank -Senior • Hazard Ave Bi keway (Plan ning/Publ ic Outreach Phase) Civil Engineer • OsoPkwy/Antonio Intersection (Plan ni ng/Design Phase) • Oso Pkwy/SR-241Toll Rd Bridge (CM Augmentation/Bidding) • Brea CynRdWide ning(Planning/Funding) • Live Oak/TrabucoRd Safety Improvements(Design/Bidding) • SantiagoCyn Rd Safety Improvements (Planning/Public Outreach) County of Orange- Public Works, Flood- • Lane Channel Improvements(Design/Bidding) • FUIIertonCreek Ph. l(Construction) • San Juan Creek Ph. 4,5,6(Construction) City of Moreno Valley- Public Works • Nason/SR-60freeway I nterch ange • Moreno Be ach/SR-60freeway I nterch ange • The odore/60freewayInterchange • Heacock Channel • Morrison Park Fire Station • City's Corporate Yard Administration Building • Reche Vista Realignment • Nason Extension/Cactus Widening • Traffic Management Center City of Rialto- Public Works • Riverside/1-10f reeway Interchange • PepperAve Extension and Pepper/1-210freeway Interchange • Rialto City Park • Veterans memorial Park • Jerry Eaves Park • Riverside Ave Fire Station • Renewable Energy/Power Generation at Wastewater Treatment Plant • Foothill Blvd Improvements • Iconic Bus Shelters Citywide City of Perris- Public Works • Perris Blvd Resurfacing • Ramona Expwy Raised Medians, Landscapingand Resurfacing • City Council Chamber Renovation City of Pomona- Public Works • Mission Blvd Resurfacing and Parkway Landscaping • Mission/SR-71Grade Separation • Variety of Water Bond Utility Improvements T � TRANNECh ATTACHMENT NO. 2 City of Burbank- Public Works • Five -Points (Burbank/Victory Blvd's)Intersection Realignment • Former Lockheed Building 85 Acquisition, Hazardous Waste Abatementand Demolition • Glenoaks Blvd Resurfacing • Magnolia Blvd Streetscape/Street Furniture Improvements T � TRANNECH