HomeMy WebLinkAboutItem OSEAS ti
AGENDA STAFF REPORT !
4C4UFORNP �,
DATE: August 14, 2017
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Crystal Landavazo, Interim Director of Community Development
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH
TRANSTECH ENGINEERS, INC. FOR BUILDING
DIVISION SERVICES
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6760 to authorize the City Manager to
execute a professional services agreement with Transtech Engineers, Inc. for
Building Division Services.
BACKGROUND AND ANALYSIS:
In 2016, staff conducted an open recruitment process for the Building Official
position. After several months of the recruiting process, the City received only
eight applications which met the minimum qualifications. Staff conducted an oral
and written interview process but the candidates did not pass the oral interviews.
During the oral panel debriefing, the City received comments from the panelists
that the City's salary was not competitive with other jurisdictions. As a result, the
recruitment of the Building Official position was postponed until the Classification
and Compensation study is completed.
Transtech has provided the City with building division services, including Building
Official services on a part -time basis, building inspector services to fill -in when
needed, and building code pian check services. Transtech has offered
engineering, public works and building services to municipalities since 1989.
Because the current professional services agreement will expire on August 30,
2017 and the Classification and Compensation Study is not yet complete, staff is
requesting that we continue with Transtech's services because Transtech has
become familiar with the unique needs of the community and continued use of
their services will maintain continuity in providing building services.
Staff is requesting that the City Council authorize the City Manager to execute
the professional services agreement with Transtech Engineers, Inc. for on -going
Agenda Item 0
Building Division services through August 30, 2018. Staff anticipates that the
twelve -month contract term will allow time to complete the Classification and
Compensation study along with the open recruitment process to seek a qualified
full time Building Official.
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,
2018 in the amount not to exceed $156,000 for building division personnel
services. Additionally, under the proposed Agreement, any plan check services
provided will be charged to the City based on a fee in the amount not to exceed
65% of the plan check fee.
RECOMMENDATION:
That the City Council adopt Resolution No. 6760 authorizing the City Manager to
execute a professional services agreement with Transtech Engineers, Inc. for
Building Division Services.
SUBMITTED BY:
NOTED AND APPROVED:
()� - 1)2. awie!2��
C stal L day J I Ingram, City an ger
terim Direct of Community Development
Attachments:
A. Resolution No. 6760
B. Agreement
Page 2
"Attachment A."
RESOLUTION NUMBER 6760
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES 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 Services
Agreement for on -going Building Division Services dated August 30, 2017
between the City of Seal Beach and Transtech Engineers, Inc., in an amount not
to exceed $156,000 for Building Division personnel, and plan check services 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 14th day of August , 2017 by the following vote:
AYES:
Council Members:
NOES:
Council Members:
ABSENT:
Council Members:
ABSTAIN:
Council Members:
Sandra Massa - Lavitt, Mayor
ATTEST:
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
Resolution Number 6760
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 6760 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 14th day of August 2017.
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
P
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, 2017,
(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 ").
RECITALS
A. City desires certain professional services with respect to building services
B. Consultant represents that it is qualified and able to provide City with such
services.
C. On August 30, 2016, CITY and CONSULTANT entered into a professional services
agreement for building services (the "2016 agreement "). The 2016 agreement expires on
August 30, 2017.
D. This Agreement shall amend, restate and supersede in its entirety the terms of the
2016 agreement.
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 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
2.1 The term of this Agreement shall commence as of August 30, 2017, and
shall continue for a term of one (1) year through and including August 30, 2018, unless
previously terminated as provided by this Agreement.
Page 2 of 16
3.0 Consultant's Compensation
3.1 City will pay Consultant for Services performed in accordance with the
hourly rates shown in 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 services, including
Building Official /Plan Checker and Building Inspector, the City will not pay more than a
total sum of $156,000 (one hundred fifty -six thousand dollars) 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 Subsection 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 monthly invoices to City 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.
7.0 Notices
Page 3 of 16
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 81" 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
8.1 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, 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.
Page 4 of 16
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 Subsection 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 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
11.1 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.
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 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
Page 5 of 16
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 has full legal title to and the right to reproduce 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
Subsection 12.3 are in addition to Consultant's defense, hold harmless and
indemnification obligations of Section 16.0.
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
Page 6 of 16
13.1 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
14.1 Consultant shall maintain complete and accurate records 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 any time.
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 001, 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 Insurance as required by the
State of California, and Employer's Liability.
Page 7of16
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 with an extended reporting period of not less than three (3) years after
completion of the Services; 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 With regard to the professional liability insurance policy (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.
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.
Page 8 of 16
15.3.6 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
Consultant's performance hereunder and neither the City nor its insurers shall be required
to contribute to such loss.
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, agents, 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, directors, employees, agents, servants, subcontractors, or
Page 9 of 16
contractors (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
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
indemnify 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, directors, employees, agents, servants, subcontractors,
materialmen, suppliers, or contractors (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 Subsection 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 expert costs, actually incurred in
connection with such defense.
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 16.0.
16.4 All duties and other covenants of Consultant under this Section 16.0 shall
survive termination of this Agreement.
17.0 Equal Opportunity
17.1 Consultant affirmatively represents that it is an equal opportunity employer.
In the performance of this Agreement, Consultant shall not discriminate against any
subcontractor, employee, or applicant for employment because of race, religion, color,
national origin, handicap, physical disability, mental disability, medical condition, genetic
information, ancestry, sex, gender, gender identity, gender expression, sexual
orientation, marital status, age, or any other basis prohibited by law. Such
nondiscrimination includes, but is not limited to, all activities related to initial employment,
Page 10 of 16
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or
termination. Consultant will take affirmative action to ensure that subcontractors and
applicants are employed, and that employees are treated during employment, without
regard to their race, religion, color, national origin, handicap, physical disability, mental
disability, medical condition, genetic information, ancestry, sex, gender, gender identity,
gender expression, sexual orientation, marital status, or age, or any other basis prohibited
by law.
18.0 Labor Certifications
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 Consultant further certifies that it is aware of the requirements of Chapter
9.75 of the Seal Beach Municipal Code, California Labor Code Sections 1720, et seq.
and 1770, et seq., and California Code of Regulations, Title 8, Section 16000, et seq.,
(collectively "Prevailing Wage Laws "), which require the payment of prevailing wage rates
and the performance of other requirements on "public works" and "maintenance" projects.
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 ($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 that 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 records. Consultant is
responsible for compliance with Section 1776 by itself and all of its subcontractors.
19.0 Permits and Licenses
19.1 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
Page 11 of 16
20.1 Time is of the essence in respect to all provisions of this Agreement that
specify a time for performance.
21.0 Entire Agreement
21.1 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.
22.0 Severability
22.1 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
23.1 This Agreement shall be governed by and construed in accordance with the
laws of the State of California without regard to conflict of law principles, except that any
rule of construction to the effect that ambiguities are to be resolved against the drafting
party shall not be applied in interpreting this Agreement. Any dispute that arises under or
relates to this Agreement shall be resolved in the superior court or federal court with
geographic jurisdiction over the City.
24.0 No Third Party Rights
24.1 No third party shall be deemed to have any rights hereunder against either
party as a result of this Agreement.
25.0 Waiver
25.1 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
Page 12 of 16
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 solicitor 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 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
27.1 If either party commences any legal, administrative or other action against
the other parry, 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
28.1 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
29.1 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.
Page 13 of 16
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first above written.
CITY OF SEAL BEACH
By:
Jill R. Ingram, City Manager
Attest:
Robin L. Roberts, City Clerk
Approved as to Form:
0
Craig A. Steele, City Attorney
CONSULTANT:
TRANSTECH ENGINEERS, INC.
By. j-
Name: AylaUUUUJefferson, CBO
Its: Building and Safety Director
By:
Name: ennis Tarango
Its: Building and Safety Deputy Director
Page 14 of 16
EXHIBIT A
SCOPE OF SERVICES
Transtech will provide BUILDING AND SAFETY SERVICES, PLAN CHECK, BUILDING OFFICIAL AND
INSPECTOR per the following to the City:
Building Official
$98 /hr, 1 days a week
Building inspector
$67 /hr,1 day every otherweek and vacation coverage forthe
City Inspector
Plan checks
65% of the plan review fees collected per City fee schedule.
Any other services requested
Per the attached Exhibit • A Transtech Standard Hourly Rates
Any other services that may be requested by the City will be provided based on the specific scope of work
and fees to be established per Transtech's current fee schedule. Following is Transtech's current fee
schedule:
Page 15 of 16
Exhibit A
EXHIBIT B
TRANSTECH ENGINEERS, INC. STANDARD HOURLY RATES
Effective July 1, 2017 through June 30, 2018
Adjusted as per Los Angeles- Riverside- Orange County Consumer Price Index -All
Urban Consumers ( "CPI -U'J
Classification
Hourly Rate
Ranges
Senior Engineer
$159
$180
Project Manager
$144
$175
Project Engineer
$144
$164
Staff Engineer
$120
$145
CADD Designer
$103
$128
Planner
$123
$149
Transportation Analyst
$103
$123
Funds and Grants Manager
$134
$154
Funds Analyst
$103
$123
Plan Checker
$103
$139
Construction Manager
$154
$175
Inspector(PW)
$118
$139
Engineering Technician
$67
$77
Administrative /Clerical
$62
$67
2 -Man Survey Crew
$282
Building Official
$128
$149
Inspector (Building)
$82
$123
Permit Technician
$62
$67
Special Rates for City of Seal Beach
Building Official
$98
Building Inspector
$67
Reimbursable direct expenses are billed at cost plus 1096 for administration fee.
The above fees will be increased each year July 1st automatically by the March
percentage change Los Angeles- Riverside -Orange County Consumer Price Index -
All Urban Consumers ( "CPI -U") forthe preceding twelve -month period as reported
by the U.S. Department of Labor Bureau of Labor Statistics.
CPI -U March 2017 = 2.7
Page 16 of 16
Exhibit B