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HomeMy WebLinkAboutItem IEA(' @� AGENDA STAFF REPORT \CgCtiFORN\��. DATE: October 24, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Development/Community Services SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH TRANSTECH ENGINEERS, INC. FOR BUILDING DIVISION SERVICES SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6687 to authorize the City Manager to execute a professional services agreement with Transtech Engineers, Inc. for Building Division Services. BACKGROUND AND ANALYSIS: Staff coordinated with the Human Resources Division and opened the recruitment process for the Building Official position. After several months of the recruiting process, the City received less than 20 applications of which 8 applicants met the minimum qualifications. Staff conducted an oral and written interview process using an outside panel. Unfortunately, the candidates did not pass the oral interviews. During the oral panel debriefing, the City received comments from the panel that many other cities were also recruiting for the same position simultaneously and the City's salary was not competitive with other jurisdictions. As a result, staff will postpone the recruitment of the Building Official position until the Classification and Compensation study is complete. During the interim, Transtech has agreed to continue offering their services and fill the Building Official position on a part-time basis. Since 1989, Transtech has offered engineering, public works and building services to municipalities. Transtech is currently assisting the Building Division with the preparation of the 2016 California Building Codes, implementation of the Solar Act provisions and providing Building Inspector and Building Official services. Staff is requesting that we continue with their services. Agenda Item I Staff is requesting that the City Council authorize the City Manager to execute the professional service agreement with Transtech Engineers, Inc. for on -going Building Division services through June 30, 2017. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has approved the proposed resolution and agreement as to form. FINANCIAL IMPACT: The on -going Building Official and Building Inspector services will not require a budget amendment. Sufficient funds have been allocated for the position through the Department's annual budget. The agreement is until August 30, 2017 in the amount not to exceed $156,000 for personnel services. Additionally, any plan check services provided will be assessed a fee in the amount not to exceed 65 percent of the plan check fee. RECOMMENDATION: That the City Council adopt Resolution No. 6687 to authorize the City Manager to execAe a professional service agreement with Transtech Engineers, Inc. D . T__� Jim sham Dire or of Community Development/ Community Services Attachments: A. Resolution No. 6687 B. Agreement Page 2 NOTED AND APPROVED: FA � Attachment "A" RESOLUTION NUMBER 6687 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH TRANSTECH ENGINEERS, INC. FOR BUILDING DIVISION SERVICES THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves that Professional Service Agreement for on -going Building Division Services dated August 30, 2016 between the City of Seal Beach and Transtech Engineers, Inc., in an amount not to exceed $156,000 for Building Division personnel. Additionally, any plan check services provided will be assessed a fee in the amount not to exceed 65 percent of the plan check fee, as set forth in Exhibit "A ", attached hereto and incorporated herein by this reference as though set forth in full. SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the attached Agreement on behalf of the City. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 24th day of October , 2016 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Membe Sandra Massa - Lavitt, Mayor ATTEST: Robin L. Roberts, City Clerk Resolution Number 6687 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6687 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 24th day of October 2016. Robin L. Roberts, City Clerk Attachment "B" PROFESSIONAL SERVICES AGREEMENT FOR BUILDING AND SAFETY SERVICES Between City of Seal Beach 211 8th Street Seal Beach, CA 90740 9- TRANSTECH Engineers, Inc. 13367 Benson Avenue Chino, CA 91710 T (949) 595 -8599, F (909) 590 -8599 This Professional Services Agreement ( "the Agreement ") is made as of August 30, 2016, (the "Effective Date "), by and between TRANSTECH Engineers, Inc. ( "Consultant'), a California corporation, and the City of Seal Beach ( "City"), a California charter city, (collectively, "the Parties "). lotto7m;li Errorl Unknown document property name. RECITALS A. City desires certain professional services. B. Consultant represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ( "Services ") set forth in the Exhibit A (Scope of Services), attached hereto and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term The term of this Agreement shall commence as of August 30, 3016, and shall continue for a term of one (1) year through and including August 30, 2017, unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant for Services performed in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A and the Standard Hourly Rates set forth on Exhibit B, but in no event will the City pay more than the following during the term of this Agreement: (i) for building division personnel (01107eae;t) 2 of 17 Errorl Unknown document property name. services, including Building Official /Plan Checker and Building Inspector, the City will not pay more than a total sum of $156,000 during the term of this Agreement; and (ii) for Plan Check Services, the City will not pay more than 65% of the plan review fees collected per the City's fee schedule. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the Standard Hourly Rates set forth in Exhibit B. In the event of any conflict or inconsistency between Exhibit °A and /or Exhibit °B, on the one hand, and this section, on the other hand, the terms of this section shall prevail. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Consultant all undisputed amounts within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. Notwithstanding Subsection 5.1, this Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of commercial general liability insurance as required by this Agreement at least 30 days before the expiration date of the previous policy. 5.3. Notice of termination shall be given in accordance with Section 7.0. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Ayla Jefferson, CBO. is the Consultant's primary representative for purposes of this Agreement. {01107M;I) 3 of 17 Errorl Unknown document property name. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: TRANSTECH Engineers, Inc. 13367 Benson Avenue Chino, CA 91710 Attn: Ayla Jefferson, CBO 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Personnel Consultant represents that it has, or shall secure, at its own expense, all personnel required to perform the Services under this Agreement. Any person who performs any Services shall be licensed as required by law. 9.0 Independent Contractor 9.1. Consultant is and shall at all times remain an independent contractor and not an employee of the City, and Consultant is not entitled to participate in any pension plan, insurance, bonus or similar benefits that City provides for its employees. All Services provided pursuant to this Agreement shall be performed by Consultant or under its exclusive supervision, direction and control. Consultant will determine the means, methods, and details of performing the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. Any additional personnel performing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive supervision, direction and control. Any such personnel shall also not be entitled to participate in any pension plan, insurance, bonus or similar benefits that City provides for its employees. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all required reports, withholdings, deductions, (0110780;1) 4 of 17 Errort Unknown document property name. and other obligations respecting such additional personnel, which may include, but not be limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 9.3. To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City and City's elected and appointed officials, officers, employees, agents, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices or any act or omission related to or arising out of any violation of this Section 9.0. 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 or refusal to promptly pay to City any reimbursement or indemnification arising under this Section. Consultant's defense and indemnification obligations under this Section 9.3 are in addition to Consultant's defense and indemnification obligations set forth in Section 16.0. 10.0 Confidentiality; Publication of Documents 10.1. Consultant agrees that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential. Except as necessary for performance of the Services under this Agreement, no copies, sketches, photographs, or graphs of materials, prepared pursuant to this Agreement, and no data, documents or other information developed or received by Consultant in the performance of this Agreement shall be released by Consultant to any other person or public without City's prior written authorization. City shall grant such authorization if applicable law requires disclosure. 10.2. All press releases and other information to be published in newspapers or magazines, will be approved and distributed solely by City, unless otherwise provided by written agreement between the Parties. Should Consultant receive any subpoena or other court order for production or disclosure of any records, Consultant shall immediately notify City and shall cooperate with City in responding to such subpoena or court order. 10.3. Consultant's obligations under this Section shall survive the termination of this Agreement. 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. (0110780; 11 5 of 17 Errort Unknown document property name. 12.0 Ownership of Documents and Work Product 12.1. All documents, plans, specifications, reports, information, data, exhibits, photographs, images, video and/or digital files and media created or developed by Consultant pursuant to this Agreement ( "Written Products") shall be and remain the property of City without restriction or limitation upon its use, duplication or dissemination by City. All Written Products shall be considered 'Works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Written Products. 12.2. Consultant hereby assigns to City all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Consultant has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that pursuant to this Agreement City has full legal title to and the right to reproduce the Written Products. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold City, and its elected and appointed officials, officers, employees, servants, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall; (1) secure for City the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Written Products and other deliverables so that they become non infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Consultant's defense and indemnification obligations under this Section 12.3 are in addition to Consultant's defense, hold harmless and indemnification obligations of Section 16.0. (01107846;1) 6 of 17 Errorl Unknown document property name. 12.4. Upon expiration or termination of the Agreement, Consultant shall deliver to City all Written Products and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Consultant prepares a document or other Written Product on a computer, Consultant shall provide City with said Written Product both in a printed format and in an electronic format that is acceptable to City. 13.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 14.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, costs, expenses and receipts. Consultant shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services and work in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 14.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 15.0 Insurance 15.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at anytime. (01107848;1) 7 of 17 Errorl Unknown document property name. 15.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for bodily injuries or death to persons, personal injury, or property damage that may arise from or in connection with the performance of this Agreement. Insurance shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 15.2.1. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Professional Liability (or alternatively, Errors and Omissions Insurance, as authorized by the City's Risk Manager), and (4) Workers' Compensation as required by the State of California, and Employer's Liability. 15.2.2. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, death, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Professional Liability (or Errors and Omissions): $1,000,000 per claim/aggregate; and (4) Workers' Compensation in the amount required by law and Employer's Liability limits of no less than $1,000,000 per accident or disease. 15.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: 15.3.1. Except with respect to any professional liability insurance (or errors and omissions insurance policy) required by this Agreement, that the City and the City's elected and appointed officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials, shall be named as additional insureds (collectively "Additional Insureds "). 15.3.2. The professional liability insurance policy (and/or errors and omissions insurance policy), that such policy shall "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend the Consultant for claims related to the alleged negligence or willful misconduct of Consultant. The policy retroactive date(s) shall be on or before the effective date of this Agreement. (01107846;1) 8 of 17 Errorl Unknown document property name. 15.3.3. For all insurance policies required by this Agreement, that coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City (or ten (10) days if cancellation is due to nonpayment of premiums). 15.3.4. For all insurance policies required by this Agreement, that any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City and the City's elected and appointed officials, officers, employees, agents, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials. 15.3.5. For all insurance policies required by this Agreement (other than professional liability), that coverage shall be primary insurance as respects the City and the City's elected and appointed officials, officers, employees, agents, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials, , or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self- insurance maintained by the City and the City's elected and appointed officials, officers, employees, agents, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it. 15.3.6. In addition to the foregoing, for the general liability insurance policy, that the City, its elected and appointed officials, officers, employees, agents, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials, shall also be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work. 15.3.7. For the automobile liability insurance policy, that the City, its elected and appointed officials, officers, employees, agents, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. If Consultant or Consultant's directors, officers, employees, subcontractors or other independent contractors will use personal automobiles or other motor vehicles in any way in the performance of this Agreement, Consultant shall provide evidence of automobile liability coverage for each such person. The automobile liability insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of (01107aaa;t) 9 of 17 Errorl Unknown document property name. Consultant's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. 15.3.8. For the professional liability insurance policy (and/or the errors and omissions liability insurance policy), that Consultant shall maintain continuous coverage through a period of no less than three (3) years after completion of Services required by this Agreement. 15.4. All insurance required by this Section (other than professional liability) shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its elected and appointed officials, officers, employees, agents, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials. 15.5. Any deductibles or self- insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its elected and appointed officials, officers, employees, agents, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 15.6. Each insurance policy shall be endorsed to state that the insurer waives the right of subrogation against the City, its elected and appointed officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials. 16.0 Indemnification, Hold Harmless, and Duty to Defend 16.1. Indemnification for Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, hold harmless and indemnify the City, its elected and appointed officials, officers, attorneys, employees, agents, designated volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including reasonable fees of accountants, attorneys and other professionals, and all costs associated therewith (collectively "Claims "), to the extent they arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and/or its officers, directors, employees, agents, servants, subcontractors, contractors or their officers, agents, employees or servants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Consultant shall not 101107e48;11 10 of 17 Error[ Unknown document property name. have an upfront duty to defend the Indemnitees for such Claims but shall reimburse reasonable defense fees and costs to the extent a Claim is determined to have been caused by the negligence, recklessness, or willful misconduct of Consultant, or as the parties otherwise agree in settlement. 16.2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnity the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages "), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, directors, employees, agents, servants, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' (as defined in Section 16.1) passive negligence, except to the extent Damages arise from the sole or active negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.3. Consultant's defense and indemnification obligations under this Section 16.0 or any other provisions of this Agreement shall not be restricted to insurance proceeds, if any, received by Consultant, the City, or any of the other Indemnitees as defined in this Section. 16.4. All duties and other covenants of Consultant under this Section 16.0 shall survive termination of this Agreement. 17.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non- discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. t01107M;ll 11 of 17 Error) Unknown document property name. 18.0 Labor Certification 18.1. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 18.2. To the extent that any of the Services to be performed under this Agreement constitute a public work to which prevailing wages apply, Consultant agrees to comply with the provisions of California Labor Code §§ 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Consultant or by any subcontractor. Consultant further agrees to comply with the provisions of California Labor Code § 1776 which require Consultant and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. Consultant is responsible for compliance with Section 1776 by itself and all of its subcontractors. 19.0 Permits and Licenses Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates as may be required in connection with the performance of Services under this Agreement, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 20.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance. 21.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. {o1107eae;1} 12 of 17 Errorl Unknown document property name. 22.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 23.0 Governing Law; Venue This Agreement shall be governed the laws of the State of California withoi except that any rule of construction to resolved against the drafting party shal Agreement. Any dispute that arises unde resolved in the superior court or federal the City. 24.0 No Third Party Rights by and construed in accordance with I regard to conflict of law principles, he effect that ambiguities are to be not be applied in interpreting this or relates to this Agreement shall be ourt with geographic jurisdiction over No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 25.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 26.0 Prohibited Interests; Conflict of Interest 26.1. Consultant presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further agrees that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant -shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code § §1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 26.2. Consultant has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the (01107846;1) 13 of 17 Errorl Unknown document property name. execution of this Agreement. Upon any breach or violation of this Section 26.0, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 26.3. Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 27.0 Attorneys' Fees If either party commences any legal, administrative or other action against the other party, arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party its reasonable attorneys' fees and other costs incurred in connection therewith. 28.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 29.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. {01107846;1) 14 of 17 Errorl Unknown document property name. CITY OF SEAL BEACH M Attest: la Jill R. Ingram, City Manager Robin L. Roberts, City Clerk Approved as to Form: 0 Craig A. Steele, City Attorney (01107846:1) Errorl Unknown document property name. CONSULTANT: TRANSTECH ENGIN S, INC. By: Name: Ali Cayir Its: President By: U Name:Ayla Je rson, CBO Its: Building and Safety Director Exhibit A Scope of Services Interim Building Official Interim on a need basis building inspector Building and Safety Plan Review Services FEE SCHEDULE FOR INTERIM SERVICES Plan Review Services 65% of the plan review fees collected per City fee schedule. Plan Review Services where no fee Standard Hourly Rates charged by the City Interim Building Official /Plan Checker $95 /hr. approximately 16hrs /week services Interim on a need basis Building $65 /hr. 8 hrs. /every other week.* Inspector Any other services requested Per the attached Exhibit B Standard Hourly Rates *Interim Building Official /Plan Checker and Building Inspector services are limited to a total sum of $156,000 as provided in Section 3.0 of the Agreement, (01107POa) 16 of 17 Errorl Unknown document property name. Exhibit B TRANSTECH ENGINEERS, INC. STANDARD HOURLY RATES Effective thru 12/31/2016 Classification Hourly Rate Senior Engineer $155 to $175 Project Manager $140 to $170 Project Engineer $140 to $160 Staff Engineer /Associate Engineer $120 to $145 CADD Designer $100 to $125 Sr. Planner $120 to $145 Associate Planner $100 to $120 Funds and Grants Manager $130 to $150 Funds Analyst $100 to $120 Transportation Analyst $130 to $160 Plan Checker $100 to $135 Construction Manager $150 to $170 Inspector, PW $115 to $135 Building Official $125 to $145 Inspector, Building $80 to $120 Engineering Technician $65 to $75 Building Technician $65 to $75 Administrative /Clerical $60 to $65 2 -Man Survey Crew $275 Reimbursable direct expenses are billed at cost plus 5 %. Fees are adjusted annually based on the percentage change Los Angeles - Riverside- Orange County Consumer Price Index -All Urban Consumers ( "CPI -U ") for the preceding twelve month period as calculated and reported by the U.S. Department of Labor Bureau of Labor Statistics. {otwnlas;ty 17 of 17 Errorl Unknown document property name.