Agenda packet — Carson City Council, January 21, 2025 (part 2 of 3)

RESOLUTION NO. 25-001

A RESOLUTION OF THE CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2024-25 BUDGET IN THE GENERAL FUNS AND SPECIAL REVENUE FUNDS, AND AMENDING THE FISCAL YEAR 2024-25
WHEREAS, the City Council adopted the Fiscal Year 2024-25 budget on June 18, 2024, via Resolution No. 24-056; and

WHEREAS, the City Council has determined it necessary to amend the FY2024-25 General Fund budget and Special Revenue Funds budget to make floor improvements at Del Amo Park; and

WHERAS, the City is eligible and approved up to $58,000 by LA County to use current allocated Maintenance and Servicing funds from Prop A to make repairs to a previous grant- funded project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. The following amendment(s) will be made to the City’s FY2024-25 budget.

Account Description Increase/(Decrease)
222-80-840-102-7001 MAINTENANCE & REPAIRS $58,000

Section 2. The City Clerk shall certify to the adoption of this resolution and shall keep a copy of this resolution attached to the FY2024-25 budget on file, and effective as of January 21, 2025, the same shall be in force and effect.

PASSED, APPROVED, AND ADOPTED this 21st day of January 2025.

APPROVED

_________________________ ________________________
Sunny K. Soltani, City Attorney Lula Davis-Holmes, Mayor

RESOLUTION NO. 25-001

Page 2 of 2 ends

ATTEST:

_______________________________
Dr. Khaleah K. Bradshaw, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 25-001 adopted by the City of Carson City Council at its meeting held on January 21, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMEBES:

ABSENT:

COUNCIL MEMBERS:

_____________________________
Dr. Khaleah K. Bradshaw, City Clerk

MAINTENANCE & SERVICING BALANCES
Please note, balances may not reflect commitments made in the last 2-3 weeks As of 12/04/2024 Agency Allocation Committed Available
Agoura Hills $ 3,774.46 $ 3,561.08 $ 213.38
Alhambra $ 243,621.98 $ - $ 243,621.98
Arcadia $ 770,433.53 $ 769,990.49 $ 443.04
Artesia $ 51,386.88 $ 7,363.68 $ 44,023.20
Avalon / UI Channel Island North $ 16,172.04 $ - $ 16,172.04 Azusa $ 70,499.63 $ 45,334.87 $ 25,164.76
Baldwin Park $ 77,199.19 $ - $ 77,199.19
Bell $ 291,656.01 $ 266,370.94 $ 25,285.07
Bell Gardens $ 74,713.87 $ 74,596.26 $ 117.61
Bellflower $ 35,393.42 $ - $ 35,393.42
Beverly Hills $ 858,924.96 $ 821,197.34 $ 37,727.62
Bradbury / UI Bradbury $ 5,476.85 $ 5,419.85 $ 57.00
Burbank $ 916,136.11 $ 526,571.98 $ 389,564.13
Calabasas $ 122,534.93 $ 121,767.00 $ 767.93
Carson $ 373,535.76 $ 178,617.00 $ 194,918.76
Cerritos / UI Cerritos $ 321,161.90 $ - $ 321,161.90
Claremont/UI Claremont $ 34,758.17 $ 32,516.44 $ 2,241.73 Commerce $ 297,492.36 $ - $ 297,492.36
Compton $ 551,875.72 $ 551,316.27 $ 559.45
Covina $ 36,871.45 $ 24,359.48 $ 12,511.97
Cudahy $ 9,012.46 $ - $ 9,012.46
Culver City $ 197,039.51 $ 196,658.44 $ 381.07
Diamond Bar $ 8,897.76 $ 4,714.91 $ 4,182.85
Downey $ 158,822.58 $ - $ 158,822.58
Duarte $ 34,566.53 $ - $ 34,566.53
El Monte $ 340,525.83 $ - $ 340,525.83
El Segundo $ 169,599.37 $ 92,393.79 $ 77,205.58
Ford Theater Foundation $ 62,398.80 $ - $ 62,398.80
Gardena $ 72,937.40 $ - $ 72,937.40
Glendale $ 1,157,117.40 $ 551,777.57 $ 605,339.83
Glendora / UI Glendora $ 4,113.86 $ 2,543.52 $ 1,570.34 Hawaiian Gardens $ 94,791.77 $ - $ 94,791.77
Hawthorne $ 223,051.98 $ 222,715.14 $ 336.84
Hermosa Beach $ 3,306.51 $ - $ 3,306.51
Hidden Hills $ 13,834.79 $ 13,760.70 $ 74.09
Huntington Park $ 100,384.84 $ - $ 100,384.84
Industry $ 101,815.46 $ - $ 101,815.46
Inglewood $ 875,988.71 $ 400,730.90 $ 475,257.81
Irwindale $ 116,433.31 $ - $ 116,433.31
La Cañada Flintridge $ 38,004.63 $ - $ 38,004.63
LA County - Museum of Art $ 3,382.12 $ - $ 3,382.12
LA County Department of Beaches and Harbors $ 1,515,830.81 $ 1,127,801.89 $ 388,028.92 LA County Dept Parks & Recreation $ 150,076.15 $ 119,362.67 $ 30,713.48 La Habra Heights $ 45,675.09 $ - $ 45,675.09
1 La Mirada $ 26,045.68 $ - $ 26,045.68
La Puente $ 163,892.16 $ 79,413.49 $ 84,478.67
La Verne / UI La Verne / UI Claremont $ 170,160.82 $ 97,717.92 $ 72,442.90 Lakewood / UI Lakewood $ 172,983.49 $ 172,983.49 $ -
Lancaster $ 21,671.16 $ - $ 21,671.16
Lawndale $ 5,386.39 $ 4,033.73 $ 1,352.66
Lomita $ 644,063.34 $ - $ 644,063.34
Long Beach $ 2,752,560.95 $ - $ 2,752,560.95
Los Angeles $ 376,911.13 $ 376,911.13 $ -
Los Angeles County Museum of Natural History Foundation $ 3,382.10 $ - $ 3,382.10 Los Angeles County Public Works $ 139,075.03 $ - $ 139,075.03 Lynwood / UI Lynwood $ 386,196.75 $ - $ 386,196.75
Malibu $ 119,796.01 $ 54,729.55 $ 65,066.46
Manhattan Beach $ 675,602.97 $ 617,000.00 $ 58,602.97
Maywood $ 91,731.97 $ 90,935.37 $ 796.60
Monrovia $ 8,545.82 $ 8,545.82 $ -
Montebello $ 602,574.15 $ 597,231.69 $ 5,342.46
Monterey Park $ 51,167.69 $ 49,574.38 $ 1,593.31
Mountains Recreation and Conservation Authority $ 179,735.69 $ 129,205.25 $ 50,530.44 Norwalk $ 21,771.26 $ - $ 21,771.26
Palmdale $ 36,584.28 $ - $ 36,584.28
Palos Verdes Estates $ 66,668.33 $ - $ 66,668.33
Paramount $ 146,270.76 $ - $ 146,270.76
Pasadena $ 1,440,687.05 $ 166,618.33 $ 1,274,068.72
Pico Rivera $ 224,128.52 $ 220,777.25 $ 3,351.27
Pomona $ 217,471.53 $ 210,185.56 $ 7,285.97
Rancho Palos Verdes $ 354,737.64 $ 353,172.97 $ 1,564.67 Redondo Beach $ 541,816.67 $ - $ 541,816.67
Rolling Hills $ 28,111.37 $ - $ 28,111.37
Rolling Hills Estates / UI Westfield $ 1,585.84 $ - $ 1,585.84 Rosemead $ 94,333.22 $ - $ 94,333.22
San Dimas / UI San Dimas $ 68,271.56 $ 60,750.30 $ 7,521.26 San Fernando $ 123,964.60 $ 123,307.95 $ 656.65
San Gabriel $ 129,576.66 $ 129,576.66 $ -
San Marino $ 16,410.58 $ 15,742.37 $ 668.21
Santa Clarita $ 20,628.20 $ 20,628.20 $ -
Santa Fe Springs $ 101,604.81 $ 100,000.00 $ 1,604.81
Santa Monica $ 81,397.08 $ - $ 81,397.08
Santa Monica Mountains Conservancy $ - $ - $ -
Sierra Madre $ 166,583.31 $ 64,321.91 $ 102,261.40
Signal Hill $ 97,568.36 $ - $ 97,568.36
South El Monte / UI El Monte / UI Whittier $ 61,591.14 $ - $ 61,591.14 South Gate $ 216,170.42 $ 174,922.50 $ 41,247.92
South Pasadena $ 395,147.17 $ 127,921.44 $ 267,225.73
Temple City $ 42,336.33 $ - $ 42,336.33
Torrance $ 1,188,316.22 $ 487,563.50 $ 700,752.72
Vernon / UI Vernon $ 152,725.54 $ - $ 152,725.54
Walnut $ 36,904.05 $ 35,768.71 $ 1,135.34
West Covina $ 2,056,908.45 $ 690,974.76 $ 1,365,933.69
West Hollywood $ 291,541.23 $ - $ 291,541.23
Westlake Village $ 30,167.83 $ 28,368.82 $ 1,799.01
Whittier $ 446,174.48 $ 137,267.99 $ 308,906.49
Grand Total $ 26,140,864.68 $ 11,587,593.25 $ 14,553,271.43 Agency Allocation Committed Available
2 CITY OF CARSON

File #: Version:

Report to Honorable Mayor and City Council
Tuesday, January 21, 2025, 5:00 PM
CONSENT 23. To: Honorable Mayor and City Council From: Michael Whittiker, Community Services Director CS Parks & Recreation Subject: CONSIDER (1) APPROVING AN AGREEMENT WITH HERK EDWARDS INC. FOR REMOVINGAND INSTALLING BLEACHERS AT VETERANS SPORTCOMPLEX AND (2) APPROVING A PURCHASEAGREEMENT WITH HERK EDWARDS INC. FOR PURCHASE OF NEW BLEACHERS, FUNDED BY A LOSANGELES COUNTY MEASURE A ANNUAL ALLOCATION FUNDING GRANT ON A REIMBURSEMENT BASIS;AND (3) ADOPTING RESOLUTION NO. 25-009 AMENDING THE FISCAL YEAR 2024/2025 BUDGET (CITYCOUNCIL) I. SUMMARY
As of January 3, 2025, the City of Carson has an allocation balance of $4,807,639.38 in Measure A Annual grant funds, overseen by Los Angeles County - Regional Parks Open Space District (RPOSD), which can be requested to be used for park projects. A total of $4,020,429.14 has been earmarked for Mills Park public works project 1636, leaving a remaining balance of $787,210.24.

Staff submitted an application for use of these funds and was subsequently approved by RPOSD for work to install and replace the Veterans SportsComplex main gym bleachers in the amount of $314,815 (Exhibit No. 1).

Staff requests that the City Council approve a Public Works Agreement with Herk Edwards, Inc., to remove existing and install new bleachers at the Veterans SportsComplex. Speciﬁcally, the scope of work under the proposed contract includes demolition and disposal of existing bleachers, and installation of new bleachers. The not-to- exceed Contract Sum is $56,900, with ﬁve percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work (Exhibit No. 2).

Staff also requests that the City Council award and approve the Purchase Agreement with Herk Edwards, Inc., to purchase the new bleachers for the amount of $257,915, utilizing the cooperative purchasing bidding exemption pursuant to CMC 2611(g) and Sourcewell Contract #081523-HSC Effective 10/5/2023- 10/06/2024 (Exhibit No. 3).

The use of the cooperative purchasing bidding exemption for this purpose has been approved by the Purchasing Manager, consistent with CMC 2611(g).

Additionally, staff is recommending the City Council adopt Resolution No. 25-009 to amend the FY 2024/2025 budget to allocate the grant funding for this work (Exhibit No. 4).

II. RECOMMENDATION
TAKE the following actions:
701 East Carson Street

1. APPROVE the attached Public Works Agreement between the City of Carson and Herk Edwards, Inc. (Exhibit No. 2, “Public Works Agreement”);

2. AUTHORIZE the Mayor and/or City Manager to execute the Public Works Agreement following approval as to form by City Attorney;

3. APPROVE the attached Purchase Agreement between the City of Carson and Herk Edwards, Inc., pursuant to CMC Section 2611(g) (Cooperative Purchasing bidding exemption) and Sourcewell Contract #081523-HSC (Exhibit No. 3; "Purchase Agreement");

4. AUTHORIZE the Mayor and/or City Manager to execute the Purchase Agreement following approval as to form by City Attorney; and

5. AUTHORIZE the City Manager or designee to submit and execute all documents necessary to ensure and obtain RPOSD reimbursement to the City for the Public Works Agreement and Purchase Agreement out of the Proposition A Annual Allocation grant funding; and
. ADOPT Resolution No. 25-009, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-2025 BUDGET IN THE SPECIAL REVENUE FUNDS.” III. ALTERNATIVES
TAKE another action the City Council deems appropriate.

IV. BACKGROUND
The City of Carson currently has $4,807,639.38 in Annual Allocation funds from Los Angeles County Regional Park and Open Space District (RPOSD). A total of $4,020,429.14 has been earmarked for Mills Park public works project 1636, leaving a remaining balance of $787,210.24.

The main gym bleachers at the Veterans SportsComplex needs replacement. The current model, which is also the original bleachers installed in 1990, is obsolete and staff can no longer request repairs or new parts. Staff submitted an application to RPOSD to request funds to support this project. The application was subsequently approved (Exhibit No. 1), and is now being brought to the City Council to utilize the award.

The proposed vendor, Herk Edwards, Inc., was tentatively selected by staff to provide the new bleachers and perform the installation, which includes materials delivered and installed, as well as demolition and disposal of the existing bleachers. The total not-to exceed cost for this project, across both proposed agreements, is $314,800.

There are two agreements for City Council to review and approve: (i) the Public Works Agreement for the demolition of existing and installation of new bleachers at $56,900.00, which based on the Contract Sum is not subject to bidding requirements pursuant to CMC 2612 and the Public Contracts Code; and (ii) the Purchase Agreement for purchase of the new bleachers at $257,915.00 using Sourcewell Contract #081523-HSC, which is exempt from bidding pursuant to CMC 2611(g)(Cooperative Purchasing).

V. FISCAL IMPACT
Should the City Council approve the staff’s recommendation, the following accounts will record the expenditure and the grant reimbursement, per the proposed Resolution No. 25-009. The total maximum amount RPOSD will reimburse Grantee for this Project is $314,815.00 including related reimbursable expenses as speciﬁed.

General Ledger Account No. 222-80-840-102-7001, Maintenance and Repairs $314,815.00 VI. EXHIBITS

1. Notice to Proceed - VSC Bleachers

2. Public Works Agreement - Herk Edwards Inc.

3. Purchase Agreement - Herk Edwards Inc.

4. Resolution No. 25-009

Attachments
Notice to Proceed - VSC Bleachers.pdf
PW Agreement Herk Edwards Inc.pdf
Purchase Agreement Herk Edward Inc.pdf
Resolution No. 25-009.pdf

BOARD OF DIRECTORS
Hilda L. Solis
Holly J. Mitchell
Lindsey P. Horvath
Janice Hahn
Kathryn Barger

Director
NORMA E. GARCÍA-GONZÁLEZ

District Administrator
CHRISTINA ANGELES, ESQ.

Assistant District Administrator

MARK GLASSOCK

1000 S. Fremont Avenue, Unit #40, Building A-9 East, Ground Floor, Alhambra, CA 91803 (626) 588-5060 • RPOSD.LACOUNTY.GOV • [email protected] Date:

City of Carson
701 East Carson Street
Carson CA 90745

NOTICE TO PROCEED

VETERANS SPORTSCOMPLEX BLEACHER REPLACEMENT
MASTER AGREEMENT NO. A15
NTP NO. A1525001
STUDY AREA NO. 161

This Notice to Proceed (“NTP”), a subordinate agreement executed wholly within and subject to the provisions of Agreement No. A15, dated October 17, 2024 ("Agreement”), confirms approval of your Annual Allocations Project, as described in your Work Plan dated December 12, 2024, for the project described as the Veterans SportsComplex Bleacher Replacement (“Project”).

1. Scope of Work

Furnish and install Telescoping Bleachers.

2. NTP Performance Period

Start Date:

End Date: 9/30/2025

Grantee must submit all claims and required documentation to RPOSD that shall be no later than 12 months following the Performance Period end date.

12/24/2024
12/24/2024
Date:

Notice to Proceed

Page 2 ends

1000 S. Fremont Avenue, Unit #40, Building A-9 East, Ground Floor, Alhambra, CA 91803 (626) 588-5060 • RPOSD.LACOUNTY.GOV • [email protected]

3. Grant Amount

The total maximum amount RPOSD will reimburse Grantee for this Project is $314,815.00 including related reimbursable expenses as specified. Any items where cost estimates exceed the approved budget, require prior written authorization from RPOSD.

4. Reimbursement

a. Grantee must complete all required deliverables identified in the attached Work Plan.

b. The total reimbursement from RPOSD for all deliverables may not exceed Grant Amount, identified in the Grant Amount.

c. Ensure NTP NO. A1525001 appears on invoices submitted to RPOSD for purposes of reimbursement.

All terms of the Agreement which authorize this NTP, will remain in full force and effect. The terms of the Agreement will govern and take precedence over any conflicting terms or conditions in this NTP. Work authorized pursuant to this NTP must be in compliance with the terms and conditions of the Agreement to be valid or binding.

At Grantee’s written request, this NTP may be amended subject to RPOSD’s sole discretion and prior approval. Amendments are to be limited to modifications of the Performance Period, Scope of Work, or Grant Amount.

APPROVED BY:

_______________________________
RPOSD Representative Signature

_______________________________
RPOSD Representative (Name)

_______________________________
RPOSD Representative (Title)

Date: __________________________

Mark Glassock
Assistant District Administrator
Mark Glassock (Dec 24, 2024 11:29 PST)
12/24/2024
12/24/2024
Application
09522 - Annual Allocation Work Plan - Final Application

10696 - Veterans SportsComplex - Bleachers Replacement/Installation Measure A

Status: Under Review SubmittedDate: 12/12/20245:15 PM SubmittedBy: TimGrierson Grants Officer Assigned: Martha Lopez

Applicant Information

Primary Contact:

Feel free to edit your profile any time your information changes. Create your own personal alerts using My Alerts.

Salutation Tim Grierson Salutation First Name Middle Name Last Name Title Recreation Superintendent
What is your role inmanaging grantswith RPOSD?(primary contact,authorized ordesignated signer,accounting manager,etc.) Primary Contact
Department Name* Community Services - Recreation

Authorized Official
Feel free to edit your profile any time your information changes. Create your own personal alerts using My Alerts.

Salutation Mr. David Roberts Salutation First Name Middle Name Last Name Title City Manager
What is your role inmanaging grantswith RPOSD?(primary contact,authorized ordesignated signer,accounting manager,etc.) Authorized Signer
Department Name* City Managers Office

Organization Information
Agency/OrganizationName* City of Carson - Carson 161 CARS Study AreaNumber M&S Code
Agency/Organization Type
What is yourAgency/OrganizationType?* Public Agency
Agency/Organization Contact Information
Agency/OrganizationWebsite www.carsonca.gov
Agency/OrganizationPhone* 310-830-7600 1125 Ext.

Physical AddressAll paper-based grant-related correspondence will be mailed to this address, unless a different address is provided below.

Agency/OrganizationPhysical Address* 701 E. Carson Street

* Carson California 90745 City State/Province Postal Code/Zip Is this the same asthe MailingAddress?* Yes
Mailing AddressSkip this if Mailing Address is the same above.

Mailing Address

California City State/Province Postal Code/Zip
Agency/Organization Financial Information
Tax ID* 952513547
List theROLES/TITLES ofthe individualsidentified asAuthorized andDesignated signersper your agency'sadopted resolutionor proof ofjurisdictionsupport.* David Roberts - City ManagerTim Grierson - CS Recreation SuperintendentLuchie Magante - CS Principal Administrative AnalystGarrett Roberts - PW Principal Administrative Analyst Grants Officer Assigned
Grants Officer Martha Lopez
Supervisorial District(s)
Old SD 2
New SD 2
Good StandingStatus Issues, if any:

RPOSD VIEW ONLY
Good StandingStatus Comments

Project Description

Grant Project Title* Veterans SportsComplex Bleacher Replacement 50-character limit. Please note that characters include spaces and punctuation. 2 to 3 sentences summarizing the proposed project. The sentences should be concise and allow for a clear understanding of the proposedproject.

Scope of Work* Furnish and install Telescoping Bleachers. 750-character limit. Please note that characters include spaces and punctuation.

Project Type* Development Choose your project type

Project Location Information

Location Name* Veterans SportsComplex i.e. park name, open space name, etc. Must enter a name. Actual or potential Physical Location 22400 Moneta Ave., Carson, CA 90745 e.g. 1000 S. Fremont Ave, Alhambra, CA 91803. If no physical address, input Latitude and Longitude

AIN FOR ACQUISITION ONLY
Assessor's IdentificationNumber (AIN) For assistance in finding the AIN number please visit the Los Angeles County Assessor Portal.

Are additional locationspart of this project?

Land Access/Tenure

Please note that if the answer is Yes the applicant must provide proof in supporting documents section below. If the answer is NO theapplicant must provide written consent or other documentation to develop project. Examples of documentation include, but are not limitedto, lease agreement, Memorandum of Understanding (MOU) or other documentation from the landowner agreeing to the proposed project.

Is your agency thelandowner of the proposedproject location(s)? Yes Will your agency beresponsible for the longterm grant obligations? Yes If your Agency will not beresponsible for the long-term grant obligations,please explain. Note: AnAssignment andAssumption of GrantAgreement (AAGA) will berequired.

Who is the landowner?
Landowner Contact's nameand email

Reporting Requirements

Supervisorial District* 2
Park ID Required for Existing Facilities
Park ID* 6249 CPAD Unit ID. If no CPAD Unit ID, write 'N/A' Study Area* Carson - 161
Level of Need* High

Soft Costs - RPOSD Funding

DeliverablesCompletion DateFunding SourceStudy Area RPOSD Funding Amount

Hard Costs - RPOSD Funding

DeliverablesCompletion DateFunding Source Study Area RPOSD Funding Amount Materials 09/30/2025 Measure A Annual Allocation Carson - 161 $257,915.00 Labor 09/30/2025 Measure A Annual Allocation Carson - 161 $56,900.00

Other Funding Narrative

Please explain otherfunds to support thisproject. 750-character limit.

Total Costs

Total RPOSD Soft Costs $0.00
RPOSD Soft CostsPercentage 0
Total RPOSD Hard Costs $314,815.00
RPOSD Hard CostsPercentage 100.0
Total RPOSD Amount $314,815.00

Exception to the Rule

Based on the Exception tothe Rule, does this projectrequire CommunityOutreach andEngagement?* No If the answer is yes, the remainder of the form MUST be completed.

Community Outreach and Engagement Requirements

What is the totalproject budget(including outsidefunding sources)?* $50,000.00 - $1,000,000.00
Did yourorganizationplan/completeInformation Sharingand ParticipatoryEngagement? * No
If not, pleaseexplain This project is replacing the Veterans SportComplex's main basketball gym's old bleachers with new bleachers. 500-character limit. Please note that characters include spaces and punctuation.

Language Access Requirements

Our agency has a TIER 1Requirement
Our agency has a TIER 2Requirement
Our agency has a TIER 3Requirement

Community Outreach and Engagement - COMPLETED

Has Community Outreachand Engagement beenconducted for thisproject? No

Community Outreach and Engagement - PLAN

Date ofEngagement
Time of Day
Engagement Type
Outreach Type
Location
Before or AfterProject Start
Description ofOutreach
1000-character limit. Please note that characters include spaces and punctuation. Briefly describe your Information Sharing orParticipatory Engagement efforts.

Is there additionalCommunityOutreach andEngagementplanned? No

Annual Allocation (AA) Work Plan

Description Date ofDocumentAttachment CommentsApproved byRPOSD?RPOSDComments Quote for Labor 11/08/2024Veterans SportsComplex - HEIBleachers Labor Quote.pdf Quote for Materials 11/08/2024Veterans SportsComplex - HEIBleacher Materials Quote.pdf Funding AcknowledgementPlan - Signage 12/12/2024Signage Mockup.pdf Design Photos 12/11/2024Design Photos - VSPCBleachers.pdf Photos of Current/OldBleachers 12/12/2024VSPC Current Bleachers_as of12-12-2024.pdf Grant Deed - VeteransPark 12/11/2024Grant Deed - VeteransSportsComplex.pdf Grant Boundary Map -VSPC Bleachers 12/12/2024Grant Boundary Map - VSPCBleachers.pdf

Notice to Proceed

DescriptionDate of DocumentAttachmentCommentsApproved by RPOSD?RPOSD Comments

Implementation

DescriptionDate of DocumentAttachmentCommentsApproved by RPOSD?RPOSD Comments

Closeout Requirements

DescriptionDate of DocumentAttachmentCommentsApproved by RPOSD?RPOSD Comments

NTPA1525001 City of Carson
Final Audit Report 2024-12-24
Created: 2024-12-18
By: Agie Jordan Iii ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAio715pYozjMCWtjLUF-31HW-m7FoOeuq "NTPA1525001 City of Carson" History
Document created by Agie Jordan Iii ([email protected]) 2024-12-18 - 11:38:20 PM GMT- IP address: 209.160.244.87 Document emailed to Mark Glassock ([email protected]) for signature 2024-12-18 - 11:40:01 PM GMT
Email viewed by Mark Glassock ([email protected]) 2024-12-24 - 7:29:00 PM GMT- IP address: 104.47.64.254
Document e-signed by Mark Glassock ([email protected]) Signature Date: 2024-12-24 - 7:29:48 PM GMT - Time Source: server- IP address: 136.226.65.14 Agreement completed.
2024-12-24 - 7:29:48 PM GMT

RESOLUTION NO. 25-009

Page 1 of 2 ends

RESOLUTION NO. 25-009

A RESOLUTION OF THE CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2024-25 BUDGET IN THE GENERAL FUNS AND SPECIAL REVENUE FUNDS , AND AMENDING THE FISCAL YEAR 2024-25
WHEREAS, the City Council adopted the City’s Fiscal Year (FY) 2024-25 budget on June 18, 2024 via Resolution No. 24-056; and

WHEREAS, the City Council has determined it necessary to amend the FY2024-25 General Fund budget and Special Revenue Funds budget to install and replace bleachers at the Veterans SportsComplex; and

WHEREAS, the City is eligible and approved up to $314,815 by LA County to use current Annual Allocation funds from Measure A.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. The following amendments will be made to the City’s FY2024-25 budget.

Account Description Increase/(Decrease)
222-80-840-102-7001 MAINTENANCE & REPAIRS $314,815

PASSED, APPROVED, AND ADOPTED this 21st day of January 2025.

APPROVED

_________________________ ________________________
Sunny K. Soltani, City Attorney Lula Davis-Holmes, Mayor

ATTEST:

RESOLUTION NO. 25-009

Page 2 of 2 ends

_______________________________
Dr. Khaleah K. Bradshaw, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF CARSON )
I, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing resolution, being Resolution No. 24-047 adopted by the City of Carson City Council at its meeting held on January 21, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMEBES:

ABSENT: COUNCIL MEMBERS:

_____________________________
Dr. Khaleah K. Bradshaw, City Clerk

CITY OF CARSON

File #: Version:

Report to Honorable Mayor and City Council
Tuesday, January 21, 2025, 5:00 PM
CONSENT 24. To: Honorable Mayor and City Council From: Michael Whittiker, Community Services Director CS Operations Subject: CONSIDER AWARDING A CONTRACT TO SOCAL SURFACES, INC. FOR THE RESURFACINGOF VARIOUS OUTDOOR COURTS ALONG WITH THE CONVERSION OF TENNIS COURTS TO PICKLEBALLCOURTS (CITY COUNCIL) I. SUMMARY
Invitation for Bids (IFB) No. 24-23 was released on September 26, 2024, to seek proposals from qualiﬁed contractors to provide outdoor court resurfacing and conversion to pickleball courts for various City outdoor basketball and tennis courts. In response to the IFB, City staff received two bids. After careful analysis and evaluation of the bids, staff is recommending the City Council award the Public Works Agreement to SoCal Surfaces, Inc.

II. RECOMMENDATION
TAKE the following actions:

1. APPROVE the Public Works Agreement with SoCal Surfaces, Inc. to provide resurfacing of various outdoor courts and the conversion to pickleball courts in a not-to-exceed amount of $383,875.00 (Exhibit No. 1; "Agreement").

2. AUTHORIZE Mayor to execute the Agreement following approval as to form by the City Attorney III. ALTERNATIVES
TAKE another action the City Council deems appropriate consistent with the requirements of the law.

IV. BACKGROUND
The City owns, operates, and maintains approximately 28 basketball courts, 17 tennis courts and 8 pickleball courts across its parks. Residents regularly frequent and utilize these parks and courts. This usage brings wear and tear on these court surfaces. It was determined by the Community Services/Recreation/Park Maintenance Department, through the Community Services Master Plan, that resurfacing and half conversions of several tennis courts to pickleball courts is needed. This scope of work includes, but is not limited to, ﬁlling minor cracks, installing several coats of acrylic, and replacing play lines with paint that is compatible with the chosen sealer and ﬁnish.
701 East Carson Street
The parks covered by this contract include, but are not limited to, Carson, Calas, Dominguez, Dolphin, Foisia, Hemingway, Veterans, and Stevenson Parks. Dolphin and Dominguez Parks will receive pickleball courts. As stated in the Community Services Master Plan, pickleball is the fastest growing sport in America. Pickleball has had a 650% increase in participation over the last 6 years according to USA Pickleball Association (USAPA). A youth movement is underway, as more schools add pickleball to physical education classes. Most core players (those who play 8+ times per year) are still 65+but most casual players are now in the 8–34 age range so it is a sport for the entire community (axios.com). The national trend is also prevalent with Carson residents so the Community Services Master Plan recommends that the City should pursue the development of joint tennis/pickleball courts in its parks to meet community needs.

To do so, Invitation for Bids (IFB) No. 24-23 was released via Planet Bids and the Daily Journal on September 26, 2024, to solicit vendors to provide outdoor and pickleball court resurfacing services. By the October 30, 2024, deadline, two (2) proposals were received:

1. SoCal Surfaces, Inc., in the amount of $383,875.00

2. TrueLine, in the amount of $431,725.45
Staff conducted an initial review of each submission, and it was determined that SoCal Surfaces, Inc. (“SoCal”) is the lowest responsive and responsible bidder pursuant to Carson Municipal Code (“CMC”) Section 2612 of the City’s Purchasing Ordinance and the Public Contract Code. The ﬁrm has previously completed projects at Anderson Park with positive results from Carson residents. SoCal has demonstrated that they possess the requisite experience and proven ability to be effective in performing the required services. A notice of intent to award to SoCal was issued on November 4, 2024. The City Council is now asked to award and approve the Agreement with SoCal (Exhibit No. 1), for outdoor court resurfacing and pickleball conversion services in an amount not-to-exceed $383,875.00.

V. FISCAL IMPACT
Funds for this item will be absorbed by the FY 2024 - 2025 adopted budget account No. 101-90-970-107-6004 VI. EXHIBITS

1. SoCal Surfaces, Inc. Public Works Agreement2. IFB No. 24-23 Bid Register

Attachments
SoCal Sports Surfaces, Inc. Contract
IFB No. 24-23 Bid Register

01007.0006/1038128.7 1

PUBLIC WORKS AGREEMENT

BETWEEN THE CITY OF CARSON AND
SOCAL SURFACES, INC.

THIS PUBLIC WORKS AGREEMENT (“ Agreement”) is made and entered into this ____ day of ________, 2025, by and between the City of Carson , a California municipal corporation (“City”) and SOCAL SURFACES, INC., a California corporation (“ Contractor”).

City and Contractor may be referred to, sometimes individually or collectively, as “ Party” or “Parties.”

RECITALS
A. T he City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.

B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. Pursuant to the City of Carson Municipal Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of th e services and desire that the terms of that performance be as particularly defined and described herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled OUTDOOR COURT RESURFACING AND PICKLEBALL CONVERSION (“ Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Bid Documents” refers to all of the documents included i n the solicitation of bids for the Project, including but not limited to, the Invitation for Bids, Addenda thereto, Instructions to Bidders, Bid or Bid Proposal, Contract Documents, Special Provisions, Technical Provisions, Construction Plans, Standard Plans, Drawings, Reference Specif ications, all applicable permit requirements, any addenda, any applicable Project Labor Agreement, and any other documents included, referenced, or -2-
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incorporated therein. The Bid Documents are incorporated into this Agreement and made part hereof. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Greenbook.

The provisions of the 2021 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook” ) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ( “DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) R
egistration with DIR . Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) P revailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis -Bacon Act (40 U.S.C. § 3141 et seq. ), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.
(d) P enalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) P
ayroll Records . Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. -3-
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(f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) E
ight- Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) P enalties for Excess Hours . Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Wo
rkers ’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which 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 I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors . For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
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1.4 Compliance with Project Labor Agreement
If and to the extent that the work to be performed under this Agreement is within the scope of the City’s Project Labor Agreement , which was fully executed as of March 4, 2020, by and between the City and the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions (the “Project Labor Agreement”), City and Contractor acknowledge and agree that Contractor is required to comply with the provisions of the Project Labor Agreement, and that in the event of a conflict between the provisions of this Agreement and the Project Labor Agreement, the Project Labor Agreement shall supersede and take precedence over the conflicting provision(s) of this Agreement.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, i ts officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilitie s, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the condit ions there existing, prior to commencement of services hereunder.

1.7 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a C lass I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made availab le to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
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(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

1.8 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.9 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system l ess effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.

1.10 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or oth er components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’ s own -6-
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negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City ’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.11 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non- conforming materials incorporated into the work ) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) d ays after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair , remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work . For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work .

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of s ubcontractors, suppliers and manufacturers with respect to any portion of the work , whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enfo rce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement , to the reasonable satisfaction of the C ity, the City shall have the right to correct and replace any defective or non -conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.12 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the City’s Director of Public Works or City Engineer, or either of their designees, to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change -7-
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Orders must be signed by the Contractor and City’s Director of Public Works or City Engineer, or either of their designees, prior to commencing the extra work thereunder. (b) Any increase in compensation of up to the amount of contingency approved by the City Council at the time the Project was awarded to Contractor, if any, taken either separately or cumulatively, or any increase in the time to perform of up to one hundred eighty (180) days and which are not detrimental to the Work or to the interest of the City, may be approved by the City’s Director of Public Works or City Engineer, or either of their designees. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid . If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and City’s Director of Public Works or City Engineer, or either of their designees. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) M
aterials and Equipment : The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. -8-
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1.13 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of an amount not to exceed Three Hundred Eighty -Three Thousand Eight Hundred Seventy-Five Dollars and Zero Cents ($383,875.00) (“Contract Sum”) for completion of the work.

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month using the form attached hereto as Exhibit E and incorporated herein by this reference. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor ’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.
(a) Payments Made b y City . City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid any progress payment within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid any progress payment within thirty (30) days of receipt of an undisputed and properly submitted invoice and provided the Project is for construction, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth -9-
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in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
(b) Payments Made by Contractor to Subcontractors . Contractor shall remit payments owed to subcontractors within fifteen (15) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor qualifying as a small business enterprise, and within thirty (30) calendar days if payments are owed by Contractor to any subcontractor other than a small business enterprise.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.

In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

2.6 Substitution of Securities.

(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.

(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities sha ll be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall complete the Project within ________ (____) calendar days after receiving a “Notice to Proceed” from the City in accordance with any schedule contained in or required to be provided by the Proposal or Bid Documents, and any revisions thereof approved by the City in -10-
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writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire one (1) year following City’s acceptance of the Project.

3.2 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of One Thousand Dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of se rvices performed by the Contractor. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy be ing extension of the Agreement pursuant to this Section.

3.4 Final Acceptance.

Acceptance of the Project shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by City of any defects in the work. From and after acceptance, the Project shall be owned and operated by City.

As a condition to acceptance, Contractor shall certify to City in writing that all of the work has been performed in strict conformity with the Agreement and that all costs have been paid or supplied to City for security required herein, satisfactory to City, guaranteeing such performance. -11-
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ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor ( “Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:

Jeff Schmitz _____________ Project Manager_________
(Name) (Title)
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor ’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’ s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Project Manager.

The Project Manager shall be Modesto Bolanos, Landscape and Park Maintenance Superintendent or any other person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have -12-
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authority, if specified in writing by the City Manager or applicable department head , to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form ISO CGL CG 00 01 or equivalent, in an amount not less than $ 5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
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(b) Automobile liability insurance . Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form ISO CA 00 01, including “any auto” and endorsement CA 0025 or equivalent, covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident. (c) Wo rkers ’ compensation insurance . Contractor shall maintain Workers ’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) B uilder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming w ork, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any pro ject materials or supplies, if applicable; (7) coverage with sub- limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area.

If the Project does not involve new or major reconstruction, then at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the work, including during transit, installation, and testing at the Project site.

(e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a C ontractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and $2,000,000 in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf ” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly -14-
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excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) P
roof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers ’ compensation. Insurance certificates and endorsements must be approved by City’ s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certifie d copies of all required insurance policies, at any time.
(c) D
uration of C overage. Contractor 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 Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) P
rimary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’ s own insurance or self -insurance shall be called upon to protect it as a named insured.
(e) C
ity ’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Wai
ver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers a nd insurance clauses from each of its subcontractors.
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(g) Enforcement of C ontract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) R equirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) N
otice of C ancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) A
dditional Insured S tatus. General and auto liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) P
rohibition of Undisclosed C overage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) S
eparation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer ’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) P ass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor , provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) A
gency ’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor , the City and Contractor may renegotiate Contractor’s compensation.
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(o) Self-Insured Retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) T imely Notice of C laims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor ’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) A
dditional I nsurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an “Indemnitee”) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier o f fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
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5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third- party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Payment Bonds.

Concurrently with execution of this Agreement , Contractor shall deliver to the City all of the following bonds if the Contract Sum should exceed $25,000:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section

2.1. (b) A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.

All bonds shall be on the applicable forms provided in Exhibit “C” and Exhibit “D” attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A-” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds may be changed accordingly upon receipt of written notice from the City’s Risk Manager.

5.7 Release of Securities.

City shall release the performance bond and payment bond when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Project has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond -18-
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until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents r elating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor ’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein , Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “ documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor ’s guarantee and warranties shall not extend to such use, -19-
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reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT ; DEFAULT , SUSPENSION AND

TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal -20-
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jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Default of Contractor.

Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor 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 at law, in equity or under this Agreement.

7.3 Suspension and Termination.
(a) The City may at any time, for any reason, with or without cause, suspend this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends a portion of this Agreement such suspension shall not make void or invalidate the remainder of this Agreement. (b) This Agreement may be terminated by either party for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for completion of any portion of the Project accepted by City up to the effective date of termination unless any portion of the Project is accepted by City after termination in which event Contractor shall be paid for such completed portion.

7.4 Dispute Resolution Process.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal co nferences, non -binding judicial -supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

For purposes of these procedures, “claim ” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for ext ra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is -21-
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not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contract ual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) S
upporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be re quested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. -22-
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(iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) M
ediation . Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to -23-
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respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) C
ivil Actions for Claims of $375,000 or Less . The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.

If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act ( Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed the ir customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. -24-
01007.0006/1038128.7
(iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

7.5 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.6 Rights and Remedies Are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercis e by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.7 Unfair Business Practices Claims.

Pursuant to Public Contract Code section 7103.5, i n entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (comme ncing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
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01007.0006/1038128.7

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor ’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.
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01007.0006/1038128.7

9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Carson, 701 E Carson Street, Carson, California 90745 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.3 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.4 Counterparts.

This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together co nstitute but one and the same Agreement. All signatures on bonds must be originals.

9.5 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. -27-
01007.0006/1038128.7

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial inte rest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or conse quence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not l imited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials _______

9.8 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreeme nt, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

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01007.0006/1038128.7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CARSON, a municipal corporation

Lula Davis-Holmes, Mayor
ATTEST:

Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Sunny K. Soltani, City Attorney
[pks;brj]
CONTRACTOR:

SOCAL SURFACES, INC., a California corporation
By:

Name:

Title:

By:

Name:

Title:

Address: 135 W 155th St
Gardena, CA 90248
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

01007.0006/1038128.7

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01007.0006/1038128.7

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

01007.0006/1038128.7
EXHIBIT “A”

CONTRACTOR’S BID

01007.0006/1038128.7

*Please note that the references to “Exhibit D” in the above table are not referring to Exhibit D of this Agreement. The references to “Exhibit D” corresponds to materials outlined in Addendum No. 2 to IFB 24-23 dated October 24, 2024, as part of the bid documents.

01007.0006/1038128.7

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through and additions shown in bold and italics.

I. Section 3.1 (Schedule of Performance) is hereby amended as follows:

“3.1 Schedule of Performance: Contractor shall complete the work Project at each individual park court listed in the Bid Documents within four calendar weeks days , not including rainy days that preclude the necessary work from taking place as reasonably determined by the City’s Project Manager, after receiving a “Notice to Proceed” from the City to begin the work for that particular park court, and in accordance with any schedule contained in or required to be provided by the Proposal or Bid Documents, and any revisions thereof approved by the City in writing. The Contractor shall complete the entire Project at all locations within one (1) year from t he issuance of the first Notice to Proc eed, provided the City’s Project Manager issues Notices to Proceed for all locations with that time and allowing for four weeks to perform the work at each location as detailed in the preceding sentence. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire one (1) year following City’s acceptance of the Project.”

II. Subsection (a) (General Liability Insurance) of Section 5.1 (Insurance Coverages) is hereby amended as follows:

“(a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form ISO CGL CG 00 01 or equivalent, in an amount not less than $1,000,000 $5,000,000 per occurrence, $2,000,000 $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.”
III. Subsection (b) (Automobile Liability Insurance) of Section 5.1 (Insurance Coverages) is hereby amended as follows:
“(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form ISO CA 00 01, including “any auto” and endorsement CA 0025 or equivalent, covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 $2,000,000 combined single limit for each accident.” IV. Subsection (d) (Builder’s Risk Insurance) of Section 5.1 (Insurance Coverages) is hereby deleted.

01007.0006/1038128.7
V. Subsection (e) (Pollution Liability Insurance) of Section 5.1 (Insurance Coverages) is hereby deleted.

01007.0006/1038128.7

EXHIBIT C

PERFORMANCE BOND
We, SOCAL SURFACES, INC. , a California corporation, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) for payment of the penal sum of Three Hundred Eighty -Three Thousand Eight Hundred Seventy -Five Dollars and Zero Cents ($383,875.00). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the City, City’s engineer, and their consultants, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with City such amount as City may reasonably es timate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wis e affect its obligation on this bond, and it does thereby waive notice thereof.

Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.

01007.0006/1038128.7
Executed this day of _________, ____.

Seal of Corporation _____________

By:____________________________________
Authorized Representative of Principal

Title: _____________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)

Any claims under this bond may be addressed to: (check one)

Surety's agent for service
of process in California: ( ) _____________________
[name of surety company]

_________________________ ____________________________________ Name Street Number
_________________________ ____________________________________ Street Number City and State
_________________________ ____________________________________ City and State Telephone Number
_________________________
Telephone Number
By:____________________________________
Attorney in Fact or other
Representative

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)

Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.

01007.0006/1038128.7

EXHIBIT D

PAYMENT BOND

We, SOCAL SURFACES, INC. , a California corporation, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Carson (“City”) and those for whose benefit this bond insures in the sum of Three Hundred Eighty -Three Thousand Eight Hundred Seventy -Five Dollars and Zero Cents ($383,875.00). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq . of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court.

Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement.

If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement.

Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.

This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.

Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums.

01007.0006/1038128.7

Executed this _____________ day of ___________, ______.

Seal of Corporation ______________

By:______________________________
Authorized Representative of Principal

Title: __________

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)

Any claims under this bond may be addressed to: (check one)

Surety's agent for service
of process in California: ( ) ________________
[name of surety]

_________________________ _____________________________ Name Street Number

_________________________ _____________________________ Street Number City and State

_________________________ _____________________________ City and State Telephone Number
_________________________
Telephone Number
By:_____________________________
Attorney in Fact or other
Representative

(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)

Furnish the name, address and phone number of the company agent as well as the surety company.

01007.0006/1038128.7

EXHIBIT E

INVOICE FORM

CITY
OF
CARSON
Ree
BID

INVITATION
FOR
BID
(IFB)
24-23

OUTDOOR
COURT
7 °°:

RESURFACING
AND

PICKLEBALL

CONVERSION
BID

OPENING
DATE:
10-30-24
TIME:
9:00
A.M,

COMPANY
PLANET
BID
HARD
COPY
#

COMPANY

CONTACT

DATE/TIME

DATE/TIME
TOTAL
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RECEIVED

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Initials

CITY OF CARSON

File #: Version:

Report to Honorable Mayor and City Council
Tuesday, January 21, 2025, 5:00 PM
CONSENT 25. To: Honorable Mayor and City Council From: Saied Naaseh, Director of Community Development Subject: CONSIDER ADOPTION OF RESOLUTION NO. 25-010, A RESOLUTION OF THE CARSON CITYCOUNCIL APPROVING A BUDGET TRANSFER IN FISCAL YEAR 2024-25 FROM THE GENERAL FUND TOINCREASE THE TRANSTECH ENGINEERS, INC. CONTRACT BUDGET FOR THE FISCAL YEAR ANDAPPROVAL OF PROPOSED AMENDMENT NO. 2 TO THE AGREEMENT WITH TRANSTECH ENGINEERS, INC.TO PROVIDE BUILDING AND SAFETY SERVICES FOR THE CITY OF CARSON (CITY COUNCIL) I. SUMMARY
In July 2023, the City of Carson transitioned from utilizing Los Angeles County to Transtech Engineering, Inc.(Transtech) for building and safety services. Shortly after this transition, the City experienced an increase inbuilding permit activity. This increase caused the cost to provide building and safety services to increase wellbeyond those anticipated when the City entered into the original agreement with Transtech. The originalcontract sum was for $3,900,000 over three (3) years with two, optional one-year extensions. Amendment No.1 to the agreement increased the maximum contract amount from $3,900,000 to $8,0000,000 over the samethree-year period. Since the compensation to Transtech is largely based on a percentage of building permitactivity (and not necessarily based on consultant hours), this increase is a result of increased building permitactivity. As a result, Transtech’s invoices have been signiﬁcantly larger than expected. Based on the level ofpermit activity in the past 14 months, staff is recommending the contract sum to be approximately$5,000,000 per year and contract term to be extended to June 20, 2028 by exercising the 2 one-yearextensions provided in the original 2023 contract. In addition, staff is recommending a modiﬁcation to thecompensation schedule by adding reduced percentage categories for larger invoices. Another component ofthis amendment adds tentative and ﬁnal map review to the scope. Based on past building permit activity, thisamount should be enough to provide continuous building and safety services up to June 20, 2028. The entirecost for Transtech’s contract for plan checks, permit issuance, and inspections is fully paid by developers,residents, and contractors, through the remittance of permit and plan check fees; calculated by the valuationof applicant projects. Therefore, staff is recommending approval of Amendment No. 2 to allow the buildingand safety services to continue for the life of the agreement. It should be additionally noted that staff hasreceived positive feedback from developers and the community regarding Transtech’s services and thatrevenues collected for these services have also increased proportionally.

II. RECOMMENDATION
TAKE the following actions:

1. ADOPT Resolution No. 25-010, “A RESOLUTION OF THE CARSON CITY COUNCIL APPROVING A BUDGET TRANSFER IN THE FISCAL YEAR 2024-25 BUDGET FROM THE GENERAL FUND TO INCREASE THE TRANSTECH ENGINEERS, INC. CONTRACT BUDGET FOR THE FISCAL YEAR”; 701 East Carson Street

2. APPROVE Amendment No. 2 to the agreement with Transtech Engineers, Inc., to provide building and safety services for the City of Carson increasing the not-to-exceed amount from $8,000,000 to $25,000,000 for a 5-year term expiring in June 20, 2028; AND

3. AUTHORIZE the Mayor to execute the amendment, following approval as to form by the City Attorney.

III. ALTERNATIVES
TAKE any other action the City Council deems appropriate.

IV. BACKGROUND
In July of 2023, the City of Carson transitioned from utilizing Los Angeles County to Transtech to provide building and safety services. Los Angeles County Building and Safety, managed by LA County Public Works, had been providing building and safety services since the City’s incorporation in 1968. Building and safety reviews and monitors the design, construction, demolition, and maintenance of buildings and structures by enforcing the City’s building codes and regulations and through review of applications, issuance of building permits, and inspections. The Transtech’s contract is largely based on a sliding scale percentage of the building permit fee amount, so their compensation is directly related to the amount of building fee revenue; the more permits issued by the City and the greater the value of the permits, the higher their compensation.

The City did not anticipate the unprecedented building permit activity during the past two years; therefore, the total contract amount of $8 million, approved under Amendment No. 1, needs to be increased to $25M. This increase doesn’t cost the City additional money since the cost of providing building and safety services is fully offset by the permit fees that are collected from permit issuance and plan check fees. The following compensation schedule provides the proposed sliding scales based on the monthly invoice amount. The proposed schedule provides more ﬂexibility by reducing the percentage categories for larger invoices:

· If Revenue to the City is $0 to $200,000 -payment to Transtech is 63% of Revenue (No Change). · If Revenue to the City is $200,001 to $350,000 – payment to Transtech is 60% of Revenue (No Change). · If Revenue to the City is $350,001 to $500,000 – payment to Transtech is 55% of Revenue ($500,000 limitation is added with no change to the percentage).
· If Revenue to the City is $500,001 to $750,000 – payment to Transtech is 45% of Revenue (New category which reduced Transtech’s portion from 55% to 45%).
· If Revenue to the City is $750,001 to $1,000,000- payment to Transtech is 35% of Revenue (New category which reduced Transtech’s portion from 55% to 35%).
· If Revenue to the City exceeds $1,000,001 – payment to Transtech is 25% of Revenue (New category which reduced Transtech’s portion from 55% to 25%).

Amendment No. 2 is intended to increase the available funds to continue to provide building and safety services through the life of the agreement and extend the term of the agreement to 5 -years (ﬁve years). This amendment also reduces the percentage paid to Transtech on larger projects, with a sliding scale that lowers the percentage paid as the size of the project increases. Purchasing Ordinance 2611(m) provides “any amendment to a contract that exceeds $75,000 requires re-solicitation unless (i) the City Council waives the re-solicitation requirement following determination that such waiver is in the City’s best interest or (ii) the amendment concerns a Change Order in which event bidding will not be required irrespective of the amount.” Change order is “a change to the scope of work, price, schedule, or some other term of an existing contract that arises out of reasonably unforeseeable circumstances borne out of the original scope of the contract” under CMC 2601. The proposed amendment is functionally a change order because it reﬂects a change to the scope of work and price arising out of reasonably unforeseeable circumstances borne out of the original scope of the agreement. Speciﬁcally, the signiﬁcant increases of the City’s Building Division fees collected since the commencement of the agreement and the now adjusted forecast of substantial increase of future fees could not have been reasonably anticipated based on historical development activities. Additionally, not bidding out the additional scope proposed in the amendment is in the City’s best interest because it would not be feasible for City to go out to bid for the additional amount based on the existing contract being in place, since it is not feasible to have two consultants doing this same work concurrently. Staff recommends that the Council approve this amendment.

V. FISCAL IMPACT
Based on the past 12 months, revenues are estimated to be $6.6M and expenditures to be $4.8M. Therefore, a $5M annual contract amount is recommended. Future revenues will ﬂuctuate based on the economy and building permit activity. If revenues decrease, the expenditures will decrease as well since the contract is based on Transtech receiving a percentage of the revenues. Transtech will receive a minimum of $95,000 per month even if the revenue is zero dollars.

There is no negative ﬁscal impact related to the approval of this amendment as expenditures are offset by the revenue provided from the services rendered by Transtech. However, $3.27M is proposed to be transferred from the General Fund Fiscal Year 2024-2025 (Account No. 101-99-999-999-3601) to the following: Account No.: 101-70-785-100-6004: $400,575.00, Account No.: 101-70-785-293-6004: $1,151,040.00, Account No.:
101-70-785-296-6004: $634,053.00, Account. No.:101-70-785-297-6004: $1,084,332.00. Contract costs for future years of the agreement will be included in subsequent ﬁscal year budgets along with offsetting revenue.

VI. EXHIBITS
Exhibit No. 1: Agreement with Transtech Engineers, Inc. Exhibit No. 2: Amendment No. 1 with Transtech Engineers, Inc. Exhibit No. 3: Proposed Amendment No. 2 with Transtech Engineers, Inc. Exhibit No. 4: Resolution No 25-010 Prepared by: Saied Naaseh, Director of Community Development, Brent Gesch, Principal AdministrativeAnalyst

Attachments
EXHIBIT NO. 1 - AGREEMEMT WITH TRANSTECH ENGINEERS INC.

EXHIBIT NO. 2 - AMENDMENT NO. 1 - TRANSTECH ENGINEERS, INC.

EXHIBIT NO. 3 - Proposed AMENDMENT NO. 2 Transtech
EXHIBIT NO. 4 - Resolution No. 25-010

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF CARSON
and
TRANSTECH ENGINEERS, INC.

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF CARSON AND
TRANSTECH ENGINEERS, INC.

THIS AG MENT OR CONTRACT SERVICES ( herein " Agreement") is made and entered into this ayofj , 2023by andbetweenthe CITY OF CARSON, aCalifornia municipal corporation (" City") and TRANSTECH ENGINEERS, INC., a California corporation Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the " Parties."

RECITALS
A. City has sought, by issuanceof a Requestfor Proposals or Invitation for Bids, the performance of the servicesdefined and describedparticularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the servicesdefined and describedparticularly in Article 1of this Agreement, was selectedby the City to perform those services.

C. Pursuant to the City of Carson's Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those servicesdefined and describedparticularly in Article 1of this Agreement and desirethat the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenantsmadeby the Parties and containedherein and other consideration, the value and adequacyof which arehereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1. 1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the " Scope of Services" attached hereto as Exhibit " A" and incorporated herein by this reference, which may be referred to herein as the " services" or "work" hereunder.

As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it hasthe qualifications, experience, and facilities necessaryto properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experiencedin performing the work and servicescontemplatedherein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase " highest 01007. 0001/ 899836. 2 - 1-
professional standards" shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances.

1. 2 Consultant' s Proposal.

The Scope of Service shall include the Consultant' s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1. 3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all serviceshereunderin accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for theperformance of the servicesrequired by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessmentsand taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessaryfor the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmlessCity, its officers, employeesor agentsof City, againstany such fees, assessments, taxes, penalties or interest levied, assessedor imposed against City hereunder.

1. 5 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant ( i) has thoroughly investigated and considered the scope of services to be performed, ( ii) has carefully considered how the services should be performed, and ( iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the serviceshereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant' s risk until written instructions are received from the Contract Officer.

1. 6 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/ or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptanceof the work by City, except such losses or damages as may be caused by City' s own negligence.
01007. 0001/ 899836. 2 - 2-

1. 7 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepareall documentsandtake all actionsasmay bereasonablynecessaryto carry out thepurposes of this Agreement. Unless hereafter specified, neither parry shall be responsible for the service of the other.

1. 8 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changesby altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustmentin (i) the Contract Sum for the actual costsof the extra work, and/ or ( ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent ( 10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty 180) days, maybe approvedby the Contract Officer. Any greaterincreases, taken either separately or cumulatively, must be approvedby the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledgesthat it acceptsthe risk that the servicesto be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensationtherefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1. 9 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the " Special Requirements" attached hereto as Exhibit " B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit ` B" and any other provisions of this Agreement, the provisions of Exhibit ` B" shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2. 1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agreesto pay Consultant the amounts specified in the " Schedule of Compensation" attached hereto as Exhibit " C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Three Million Nine Hundred Thousand Dollars ($ 3, 900, 000) ( the Contract Sum"), unless additional compensation is approved pursuant to Section 1. 8. In the event City elects to exercise its options to extend the Term pursuant to Section 3.4 hereof, the Contract Sum will increaseby an amount not to exceed $1, 300, 000 per year. 01007. 0001/ 899836. 2 - 3-

2. 2 Method of Compensation.

The method of compensation may include: ( i) a lump sum payment upon completion; ( ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; ( iii) payment for time and materials based upon the Consultant' s rates as specified in the Schedule of Compensation, provided that ( a) time estimates are provided for the performance of sub tasks, ( b) contract retention is maintained, and ( c) the Contract Sum is not exceeded; or ( iv) such other methods as may be specified in the Schedule of Compensation.

2. 3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4. 5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensationfor attending said meetings.

2. 4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expensesincurred during the preceding month in a form approvedby City' s Director of Finance.

By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail chargesfor all necessaryand actual expenses by the following categories: labor ( by sub -category), travel, materials, equipment, supplies, and sub -contractor contracts. Sub -contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty- five ( 45) days of receipt of Consultant' s correct and undisputed invoice; however, Consultant acknowledges and agreesthat due to City warrant run procedures, the City cannotguaranteethat payment will occur within this time period. In the eventany charges or expensesare disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2. 5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
01007. 0001/ 899836. 2 - 4-
ARTICLE 3. PERFORMANCE SCHEDULE

3. 1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3. 2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period( s) established in the Schedule of Performance" attached hereto as Exhibit " D" and incorporated herein by this reference. When requestedby the Consultant, extensions to the time period(s) specified in the Scheduleof Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty ( 180) days cumulatively.

3. 3 Force Majeure.

The time period( s) specified in the Schedule of Performance, for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, actsof God or of thepublic enemy, unusually severeweather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencementof such delay notify the Contract Officer in writing of the causesof the delay. The Contract Officer shall ascertainthe facts and the extent of delay, and extend the time for performing the servicesfor the period of the enforced delay when and if in the judgment of the Contract Officer suchdelay is justified. The Contract Officer' s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damagesagainstthe City for any delay in the performance of this Agreement, however caused, Consultant' s sole remedy being extension of the Agreement pursuant to this Section.

3. 4 Term.

4. 1 Representatives and Personnel of Consultant.

The following principals of Consultant (" Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Melissa Demirci, RSP Principal
Name) ( Title)
01007. 0001/ 899836. 2 - 5-
Avla Jefferson, CBO Principal Building Official
Name) ( Title)
Name) ( Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the expresswritten approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant' s staff and subcontractors, if any, assignedto perform the servicesrequired under this Agreement. Consultant shall notify City of any changes in Consultant' s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4. 2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner representthat Consultant or any of Consultant' s officers, employees, or agentsare in any manner officials, officers, employeesor agents of City. Neither Consultant, nor any of Consultant' s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City' s employees. Consultant expresslywaives any claim Consultant may have to any suchrights.

4. 3 Contract Officer
The Contract Officer shall be SaiedNaaseh, Director of Community Development. It shall be the Consultant' s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documentson behalf of the City required hereunder to carry out the terms of this Agreement.

4. 4 Independent Consultant.

Neither the City nor any of its employeesshall have any control over the manner, mode or meansby which Consultant, its agentsor employees, perform the servicesrequired herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant' s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an 01007. 0001/ 899836. 2 - 6-
independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner representthat it or any of its agentsor employees are agentsor employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its businessor otherwise or ajoint venturer or amember of anyjoint enterprisewith Consultant.

4. 5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumberedvoluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of personsacting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunderwithout the expressconsentof City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5. 1 Insurance Coverages.

The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
a) General Liability Insurance ( Coverage Form ISO CGL CG 00 01 or e uivalent . A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $ 1,000, 000. 00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. b) Worker' s Compensation Insurance. A policy of worker' s compensation insurance in such amount aswill fully comply with the laws of the Stateof California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damagearisingfrom any injuriesor occupationaldiseasesoccurringto anyworker employedby or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement, with Employer' s Liability insurance coverage limits of at least 1, 000,000. 00.
c) Automotive Insurance (CoverageForm ISO CA 00 01 including ` any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurancewritten on a per occurrencefor bodily injury andproperty damagein an amount not less 01007. 0001/ 899836. 2 - 7-
than $ 1,000, 000. Said policy shall include coverage for owned, non -owned, leased, hired cars and any automobile.
d) Professional Liability. Professional liability insurance appropriate to the Consultant' s profession, asdetermined by the City' s Risk Manager, provided that the limits shall be no less than $ 1,000, 000 per claim and no less than $ 1,000, 000 general aggregate. This coverage may be written on a "claims made" basis, andmust include coveragefor contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5 -year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. f) Additional Insurance. Policies of such other insurance, asmay be required in the Special Requirements in Exhibit ` B".
g) Broader Coverages and Higher Limits. Notwithstanding anything else herein to the contrary, if Consultant maintains broader coverages and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverages and/or higher limits maintained by Consultant.

5. 2 General Insurance Requirements.

All of the abovepolicies of insuranceshall be primary insurance and shall name the City, its elected and appointed officers, employeesand agentsas additional insureds and any insurance maintained by City or its officers, employeesor agentsmay apply in excessof, andnot contribute with Consultant' s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have againstthe City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.

All of said policies of insurance shall provide that said insurancemay not be amendedor cancelled by the insurer or any party heretowithout providing thirty ( 30) daysprior written notice by certified mail return receipt requestedto the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5. 1 to the Contract Officer.

No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coveragesand said Certificates of Insuranceor binders areapprovedby the City. City reservesthe right to inspect complete, certified copies of and endorsementsto all required insurancepolicies at any time. Any failure to comply 01007. 0001/ 899836. 2 - 8-
with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

All certificates shall name the City as additional insured ( providing the appropriate endorsement) and shall conform to the following " cancellation" notice:

CANCELLATION:

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE

CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY ( 30) - DAY

ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
to be initialed]
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers areto be covered asadditional insuredsasrespects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scopeof protection afforded to City, andtheir respective elected and appointed officers, officials, employees or volunteers. Consultant' s insurance shall apply separately to each insured against whom claim is made or suit is brought, exceptwith respectto the limits of the insurer' s liability.

Any deductibles or self-insured retentions must be declaredto and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construedaslimiting in any way the extent to which the Consultant may be held responsible for the payment of damagesto any persons or property resulting from the Consultant' s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant' s indemnification liabilities as provided in Section 5. 3.

In the event the Consultant subcontracts any portion of the work in compliance with Section 4. 5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5. 1, and such certificates and endorsements shall be provided to City.

5. 3 Indemnification.

To the full extent permitted by law, Consultant agreesto indemnify, defend and hold harmless the City, its officers, employees and agents (" Indemnified Parties") against, and will hold and savethem and eachof them harmlessfrom, any and all actions, either judicial, administrative, 01007. 0001/ 899836. 2 - 9-
arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened ( herein " claims or liabilities") that may be assertedor claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (" indemnitors"), or arising from Consultant' s or indemnitors' reckless or willful misconduct, or arising from Consultant' s or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
a) Consultant will defendany action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
b) Consultant will promptly pay any judgment rendered against the City, its officers, agentsor employeesfor any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agreesto save and hold the City, its officers, agents, and employees harmless therefrom;
c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agreesto pay to the City, its officers, agents or employees, any and all costs and expensesincurred by the City, its officers, agentsor employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees.

Consultant shall incorporate similar indemnity agreementswith its subcontractorsand if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional serviceshereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City' s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City' s negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessnessor willful misconduct of the design professional. The indemnity obligation shall be binding on successorsand assignsof Consultant and shall survive termination of this Agreement.

5. 4 Sufficiency of Insurer.

Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated " A-" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the FederalRegister, and only if they areof a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (" Risk 01007. 0001/ 899836. 2 - 10-
Manager") due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreasedrisk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6. 1 Records.

Consultant shall keep, andrequire subcontractorsto keep, suchledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder ( the " books and records"), as shall be necessaryto perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordancewith generally acceptedaccountingprinciples andshall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal businesshours of City, including the right to inspect, copy, audit andmake records and transcripts from such records. Such records shall be maintained for a period of three ( 3) years following completion of the serviceshereunder, and the City shall have accessto such records in the event any audit is required. In the event of dissolution of Consultant'sbusiness, custody of the books and records may be given to City, and accessshall be provided by Consultant' s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6. 2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreasedcost related thereto and, if Consultant is providing design services, the estimatedincreasedor decreasedcost estimatefor the project being designed.

6. 3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials ( the " documents and materials") prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon requestof the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of 01007. 0001/ 899836. 2 - 11-
ownership use, reuse, or assignmentof the documentsand materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/ or use of uncompleted documents without specific written authorization by the Consultant will be at the City' s solerisk and without liability to Consultant, and Consultant's guaranteeand warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignmentto City of any documentsor materials preparedby them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U. S. C. § 101, such documents and materials arehereby deemed works made for hire" for the City.

6. 4 Confidentiality and Release of Information.
a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not releaseor disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Responseto a subpoenaor court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, causedby or incurred asaresult of Consultant' s conduct. d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, requestfor documents, interrogatories, requestfor admissionsor other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agreesto cooperatefully with City and to provide City with the opportunity to review any responseto discovery requestsprovided by Consultant. However, this right to review anysuchresponsedoesnot imply or meantheright by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7. 1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions 01007. 0001/ 899836. 2 - 12-
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agreesto submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U. S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7. 2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensatingConsultant for anywork performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty ( 30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay someor all of the outstanding invoices during the period of default. If Consultant doesnot cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant's default shall not be deemedto result in awaiver of the City' slegal rights or any rights arising out of any provision of this Agreement.

7. 3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant whether or not arising out of this Agreement) ( i) any amounts the payment of which may be in dispute hereunder or which are necessaryto compensateCity for any losses, costs, liabilities, or damagessufferedby City, and (ii) all amountsfor which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third parry, the amount or validity of which is disputed by Consultant, or any indebtednessshall exist which shall appear to be thebasisfor a claimof lien, City maywithhold from anypaymentdue, without liability for interest becauseof suchwithholding, an amount sufficient to cover suchclaim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, andprotect City aselsewhereprovided herein.

7. 4 Waiver.

Acceptance by City of any work or servicesby Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exerciseof any right or remedy by anon -defaulting party on any default shall impair suchright or remedy or be construedasawaiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the sameor any other provision of this Agreement. 01007. 0001/ 899836. 2 - 13-

7. 5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exerciseby either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any otherrights or remediesfor the samedefaultor anyotherdefaultby the other party.

7. 6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damagesfor any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.

7. 7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except asspecifically provided in the following Section for termination for cause. The City reservesthe right to terminate this Contract at any time, with or without cause, upon thirty ( 30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty ( 60) days' written notice to City, exceptthat wheretermination is dueto the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately ceaseall serviceshereunder except such asmay be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective dateof the notice of termination and for any servicesauthorized by the Contract Officer thereafter in accordancewith the Scheduleof Compensation or such asmay be approved by the Contract Officer, except as provided in Section 7. 3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensationonly for the reasonablevalue of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party neednot provide the non -terminating party with the opportunity to cure pursuant to Section 7. 2.

7. 8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the sameto completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensationherein stipulated (provided that the City shall usereasonableefforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 01007. 0001/ 899836. 2 - 14-

7. 9 Attorneys' Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in anyway connectedwith this Agreement, theprevailing party in suchaction or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonableattorney's fees. Attorney' s fees shall include attorney's feeson any appeal, and in addition a party entitled to attorney' s fees shall be entitled to all other reasonable costsfor investigating such action, taking depositions and discovery and all other necessarycosts the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON- DISCRIMINATION

8. 1 Non -liability of City Officers andEmployees.

No officer or employee of the City shall be personally liable to the Consultant, or any successorin interest, in the event of any default or breach by the City or for any amount which may becomedue to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8. 2 Conflict of Interest.

Consultant covenantsthat neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant' s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearanceof any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which ( s)he is, directly or indirectly, interested, in violation of any Statestatute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8. 3 Covenant Against Discrimination.

Consultant covenantsthat, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employeesare treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 01007. 0001/ 899836. 2 - 15-

8. 4 Unauthorized Aliens.

Consultant hereby promises and agreesto comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U. S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ suchunauthorized aliens for the performance of work and/or servicescoveredby this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agreesto and shall reimburse City for the cost of all suchliabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9. 1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either servedpersonally or sentby prepaid, first- classmail, in the caseof the City, to the City Manager and to the attention of the Contract Officer ( with her/ his name and City title), City of Carson, 701 East Carson, Carson, California 90745 and in the case of the Consultant, to the person( s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy- two ( 72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordancewith the meaning of the languageused and shall not be construed for or againsteither party by reasonof the authorship of this Agreement or any other rule of construction which might otherwise apply.

9. 3 Counterparts.

9. 4 Integration; Amendment.

This Agreement including the attachmentshereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
01007. 0001/ 899836. 2 - 16-

9. 5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections containedin this Agreementshall be declaredinvalid or unenforceableby a valid judgmentor decreeof a court of competentjurisdiction, suchinvalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declaredasseverableandshall be interpreted to carry out the intent of theparties hereunder unlesstheinvalid provision is somaterial that its invalidity deprives eitherparty of thebasicbenefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non - Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which ( s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which ( s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of financial interest" shall be consistent with State law and shall not include interests found to be remote" or " non - interests" pursuant to Government Code Sections 1091 or 1091. 5. Consultant warrants and representsthat it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants andrepresentsthat (s)he/it hasnot engagedin any act(s), omission( s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act( s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant' s Authorized Initials

9. 7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that ( i) such party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, ( iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

SIGNATURES ON FOLLOWING PAGE]
01007. 0001/ 899836. 2 - 17-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first - above written.

ATTEST:

Dr. Khaleah K. Bradshaw, City Cl
APPROVED AS TO FORM:

CITY:

CITY OF CARSON, a municipal corporation
a Davis - Holmes, Mayor
G
gSON,
Cq
0 E UNLlM
CONSULTANT:

TRANSTECH ENGINEERS, INC., a California
corporation
By:

Name: en Cayir
Title: President
By:

Name: Sybil Cayir
Title: Secretary
Address: 13367 Benson Avenue
Chino, CA 91710
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT' S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT' S BUSINESS ENTITY. 01007. 0001/ 899836. 2 - 18-

CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA
San Bernardino
COUNTY Or M5 A- MMrL" ES61
i -coignAvila, OnTnnG 101 , 2023 before me, Natant P Wfe, , personallyappearedAl1fh CQ r , proved to me on the basisof satisfactoryevidenceto betheperson(A whosenames(y) is/arksubscribedto thewithin instrumentand acknowledgedto me that he/sA/ lby executedthe samein his/l)tr/ t10ir authorizedcapacity(iys), and that by his/ lOr/ tbAir signature() on the instrument the person($), or the entity upon behalf of which the person(4 acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the Stateof California that the foregoing paragraph is true and correct.

Jocelyn Avila
WITNESS my hand and official seal.

COMM$ 2445212
NOTARY PUBLIC— CALIFORNIA
SaBeCounty
Signature: AV"/
AY COMM. EXPIRES 4/ 25! 2027

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER

INDIVIDUAL

CORPORATE OFFICER
SIGNER IS REPRESENTING:

NAME OF PERSON( S) OR ENTITY( IES))
01007. 0001/ 899836. 2

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE OF DOCUMENT

GNER( S) OTHER THAN NAMED ABOVE

TITLES)

PARTNER( S) LIMITED

GENERAL

ATTORNEY- IN- FACT

TRUSTEE( S)

GUARDIAN/ CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

NAME OF PERSON(S) OR ENTITY( IES))
01007. 0001/ 899836.2

DESCRIPTIONOF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE OF DOCUMENT

GNER(S) OTHER THAN NAMED ABOVE

STATE OF CALIFORNIA
San Bernardino

COUNTY OF
Toctlyn Avilo
OnT011$ 19 , 2023beforeme, Notary PubUG , personallyappearedSby i
I Cat4i r , proved to me on the
basisof satisfactoryevidencetobetheperson) whosenames(p) is/appsubscribedtothewithininstrumentand acknowledged to me that I/ e/ she/* y executed the same in 4(s/her/thfir authorized capacity(i/ s), and that by Vs/ her/ qir signature(/) on the instrument the person(/), ortheentityuponbehalfof whichtheperson acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the Stateof California that the foregoing paragraph is true and correct.

Jocelyn Avila
WITNESS my hand and official seal. - s
CO,
Jocelyn
2445212
NOTARYPUBLIC—CALIFORNIAi'
i V wvf/
A
SanBemrE
County
Signature: hVAvfi', MY COMM. EXPIRES 4/ 25/ 2027

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
01007. 0001/ 899836. 2

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

TITLE( S) TITLE OR TYPE OF DOCUMENT

PARTNER( S) LIMITED

GENERAL

ATTORNEY- IN- FACT

TRUSTEE( S) NUMBER OF PAGES

GUARDIAN/ CONSERVATOR
OTHER
SIGNER IS REPRESENTING: DATE OF DOCUMENT

NAME OF PERSON( S) OR ENTITY( IES))

SIGNERS) OTHER THAN NAMED ABOVE
01007. 0001/ 899836.2
EXHIBIT " A"

SCOPE OF SERVICES
I. Consultant will perform the following Services on an on- call, Task Order basis, with each Task Order containing a detailed task order scope, budget and schedule for completion, to be pre -authorized by the City' s Contract Officer:

Since its incorporation in 1968, the City of Carson has contracted with the Los Angeles County Department of Public Works for most development -related services, including Building and Safety and Engineering services. Consultant will assumeresponsibility for the operation of Building and Safety, to provide building and safety services, including Building Division Administration, Building Plan Check, Building Inspection, Building Code Enforcement, and Building Counter Operations.

A. Building Division Administration
B. Building Plan Check
C. Building Inspection
D. Building Code Enforcement
E. Building Counter Operations
More specifically, the Services will include the following to be performed at City Hall:

Issuing and Processing Permits:

Processand issue building, mechanical, electrical, plumbing, sewer, grading, landscape, and pool permits. These responsibilities include:

Review and verify work products and/or reports for accuracyprior to submission.

Maintain organized and accurate project records ( e.g., permits, record drawings, designs, etc.) according to departmental retention requirements to ensure quick retrieval upon request.

Coordinate and respond to requests for information within established timelines.

Identify and clarify technical information ( e. g., building permit requirements, zoning regulations, etc.) to customers and direct/ refer them to the appropriate agencies, as needed.

Review plans and provide accurate and complete code - compliance information relevant to the customer' s request.
01007. 0001/ 899836. 2 A- 1
Review and check forms ( e.g., permit applications, bonds, easements, affidavits, etc.) for accuracy, completeness (including required documentation and authorized signatures) and compliance with relevant codes and regulations before submittal.

Issue complete and accurate permits according to appropriate codes and departmental policies.

Calculate and collect the appropriate fees according to established policies and fee schedules.

Greet callers and office visitors promptly and courteously according to departmental customer service standards.

Respond promptly to all email inquiries.

Plan Review and Plan Approval:

Review engineering documents by accurately and thoroughly identifying discrepancies/ issues that are not in compliance with applicable codes, standards and sound engineering principles.

Communicate review comments and feedback to relevant parties within established timelines.

Review, approve and sign engineering plans, specifications, and cost estimates within established timelines.

Conduct complex field inspections and studies to verify general conformity with engineering designsasrepresentedon approvedplans and/or industry practices.

Develop recommendations and implement solutions that reflect an understanding of field operations/conditions and sound engineering practices.

Resolve and document technical discrepancies/ issues in accordance with applicable codes and engineering practices.

Review and verify work products and/or reports for accuracyprior to submission.

Prepareand sign/stampplans, specifications, and cost estimateswithin established timelines.

Coordinate and respond to requests for information within established timelines. 01007. 0001/ 899836. 2 A- 2
Provide higher level engineering advice to field personnel and internal customers that reflect an understanding of sound engineering principles.

Identify and coordinate the review of plans by appropriate personnel and/or agenciesto ensurejob approachcomplies with professional engineeringtechniques and methods.

Accurately identify discrepancies/ issues in design and/or construction phases to ensure compliance with applicable codes, standards, regulatory agencies, and sound engineering principles and communicates to all relevant parties.

Accurately apply sound engineering principles to the job.

Building Inspections:

Retrieve and verify appropriate permits and other related documentation for scheduled inspections.

Review construction plans, codes, ordinances, and other reference materials for the more complex projects prior to inspections to accurately identify issuesand ensure compliance with applicable codes and ordinances.

Schedule site visits within established timelines.

Perform inspections of the larger, more complex structures and buildings ( e.g., shopping malls, refineries, large restaurants, apartment complexes, etc.) within established timelines to ensure compliance with County' s Building Laws and other related federal, state, and local coderequirements and zoning ordinances.

Identify deficiencies in construction site work and initiate the process to ensure compliance with code and ordinance requirements.

Identify and address potential safety hazards in accordance with applicable safety requirements and directives.

Enter, update, and organize inspection results and relevant information into the record-keeping systemswithin establishedtimelines.

Conduct complex field inspections and studies to verify general conformity with engineering designsasrepresentedon approvedplans and/or industry practices. 01007. 0001/ 899836. 2 A- 3
Prepareaccurateand thorough field inspection and surveyreports to verify general conformity with professional engineering techniques and methods in accordance with departmental and industry standards.

Collect appropriate data to support complex design in compliance with regulatory agency requirements and/ or with division practices.

Resolve and document technical discrepancies/ issues in accordance with applicable codes and engineering practices.

Building Official/ Office Manager:

Provide Building Official/ Office Manager services. Minimum required certifications are a California licensed professional engineer. These responsibilities include:

Assist in identifying andpreparingplansthat reflect schedule, staffing, funding sources, appropriate materials needed, technical requirements and all relevant stakeholders.

Verify that product quality meets established standards( e. g., Quality Assurance/Quality Control) according to divisional, departmental, and regulatory guidelines.

Coordinate and respond to requests for information within established timelines.

Participate in coordinating and building consensusbetween customers, divisions, and internal/ external agencies.

Accurately identify and evaluatenew legislation/regulations in order to determine the effect upon departmental operations and recommends a sound course of action.

Inform technical staff of changes to pertinent laws, rules, and regulations within established timelines to ensure a clear understanding.

Accurately interpret and explain rules, regulations and policies ( e.g., engineering guidelines), and any changes, to staff within established timelines.

Coordinate the training of staff in the use of applicable systems.

Provide accurate technical guidance and relevant feedback within established timelines.

Deliver training in a clear, technically accurate, concise, and professional manner that reflects current and sound engineering practices.

Thoroughly prepare and make presentations which are well organized and audience appropriate.
01007. 0001/ 899836. 2 A- 4
Respondto inquiries accurately and thoroughly and when necessary, follow up on information or provides appropriate referrals within established timelines.

Assign work to be completed within stated timelines to appropriate personnel and communicate work expectations.

Implement new policies and procedures to improve productivity and quality of work.

Select employees for particular work assignments and assist in making recommendationsfor employeesor releaseof personnelin accordancewith varying workloads.

Identify and research appropriate training needs and available resources to secure technical training on an -ongoing basis.

Ensure all appropriate safety guidelines are followed and that staff members attend all required safety training.

Ensure that staff work meets standards and/ or expectations and is in compliance with established policies.

The Serviceswill also include the following someof which, where contextually suggested, will be performed at City Hall:

Building Division Administration:

Function as the Building Official as set forth in the California Building Code, in other City adopted building codes and ordinances, and as specified in Federal and State law.

Issue Certificates of Use and Occupancy for buildings and structures.

Manage, coordinate and oversee the building permit and plan check, building inspection, building counter building code enforcement services so that they function as one building and safety organization.

Maintain, amend and develop ordinances and regulations necessary to the implementation and enforcement of the latest editions of the California Building Code, including any and all related Codes, or other uniform safety codes, laws, or regulations as adopted or amendedby the City deemednecessaryby the City to protect the health safety and welfare of its citizens.
01007. 0001/ 899836. 2 A- 5
Make determination on the approval and use of alternative materials and methods of construction.

Process and prepare Planning Commission and City Council reports and recommendations, and assistin the presentation of appealsregarding building and safety matters. Attend City Council, Planning Commission and other meetings as directed.

Preparebuilding and safety codeviolation casesfor submittal to the City Attorney=s office when prosecution action is necessaryto obtain compliance with the above codes and regulations.

Make final interpretations concerning the application of building and safety codes.

Monitor the collection of building plan check, inspection, and permit fees and other building activity level indicators, submit monthly activity reports to the City based on this information, and notify the City of any staffing changes necessary to maintain the performance standards.

Perform all other administrative building and safety related duties, including developing andimplementing office policies andproceduresand assuringthat files and plans are secured, organized and kept up to date.

Meet with developers, homeowners, business owners, architects, engineers and the general public at the City or in the field, as the need dictates, to resolve grievances and/ or respond to questions and ensure timely project processing in compliance with Federal, State and City laws and ordinances.

Ensure all building related activity is enteredinto the City' spermit tracking system in an accurate, complete and timely manner.

Prepare the City' s code ordinance updates, staff reports and attend City Council meetings.

Coordinate with the Los Angeles County Fire Department and prepare the City code ordinance update regarding periodic updates to the Uniform Fire Code, including any local amendments, and ensure that the City' s building and safety codes and the changes to the Uniform Fire Codes are cross- referenced.

Within the first thirty days of the Agreement, Consultant shall assembleand review all existing City policies, ordinances and conditions pertaining to Building Division operations and document any areas of insufficient, incomplete or missing information. 01007. 0001/ 899836. 2 A- 6
Based on this review, Consultant shall develop a timetable for the preparation or revision of policies, ordinances and conditions and present a report to the Community Development Director for consideration.

Building Plan Check Services:

Provide an ICC Certified Plans Examiner to be available at the Building Division Counter from 7:00 a.m. to 6:00 p.m., Monday through Thursday, except City designatedholidays, to:

Manage, coordinate and oversee the building permit and plan check, building inspection, building counter and building code enforcement processes in the absence of the Building Official.

Perform over- the- counter plan checks.

Answer technical questionsfrom the public, including inquiries regarding building and safety codes and regulations.

Perform building plan checks.

Assist in more difficult inspections, in addition to other duties as assigned.

Have the ability to serve as Acting or Deputy Building Official in the absenceof the Building Official/ Community Development Director.

Perform architectural, structural, plumbing, mechanical and electrical plan check review for buildings andstructuresfor compliancewith applicable Federaland Statelaws, building and safety codes, City ordinances, and acceptableengineeringpractices. Plansnot checked by Consultant at the City' s offices may be plan checked at the Consultant's local office.

Confirm building use, occupancy, and type of construction, and review construction of buildings and structures to determine satisfaction of safety requirements.

Check for compliance with all applicable codes adopted by the City, including, but not limited to: Uniform Housing Code, California Building, Mechanical, Plumbing, and Electrical Codes, Uniform Swimming Pool Code, Uniform Solar Energy Code, and Sign, Tent, and Relocated Building Codes and any applicable adopted local amendment, State of California codes or regulations.

Review and approve building/ structural revisions to plans required during construction.

Calculate building permit andplan check fees, and review permit issuance.

Coordinate building permit requirements and interface with City Departments and other agencies, including but not limited to the Public Works Department, Planning Division, the Los Angeles County Fire Department and the Environmental Health Department of the County of Los Angeles. This also includes Building Division review, comment and 01007. 0001/ 899836. 2 A- 7
provision of " conditions of approval" for site plans and building plans as part of discretionary planning applications.

Provide expeditedplan check when requestedby the City.

Building Inspection Services:

Provide building inspection services by fully trained/certified inspectors for all construction regulated by all applicable Federal, State and City building and safety codes/ ordinances, and National Pollution Discharge and Elimination System Permit( NPDES) requirements.

Inspect buildings and structures, for which building permits have been issued, for compliance with the approved plans and applicable codes and ordinances.

Inspect for compliance with conditions of approval set forth by the City' s Community Development Department, Planning Commission, and/or City Council.

Coordinate with various City and County agencies and departments, including but not limited to the Los Angeles County Fire Department, Environmental Health Department of the County of Los Angeles and other governmental agenciesproviding services, and/or having jurisdiction over any aspectof a developmentproject in order to obtain compliance with the above building and safety codes and regulations.

Enforce conditions of approval associatedwith discretionary permits regarding building and safety regulations, as adopted by the City.

During inspections, issuestop/correctwork notices, or notices of violation when violations of the above referenced codes and regulations occur.

Provide all vehicles, fuel, maintenanceand other equipment necessaryfor field personnel to carry out building permit inspections and duties.

Provide special inspections by qualified inspectors and conduct investigations as directed by the City, including field and office research and the preparation of letters and/or documents.

Input daily inspection information into the City' s computer permit tracking system.

Building Code Enforcement:

Provide inspection, investigation, and enforcement for violations to all the above - referenced building and safety codes and regulations, as well as other adopted City ordinanceswhich relate to building andsafety issues, such asvarious sectionsof the City' s Noise and Nuisance Abatement Ordinances.

During inspections, prepare, document and issue stop/correct work notices, or notices of violation when violations of the above - referenced codes and regulations occur. 01007. 0001/ 899836. 2 A- 8
Prepareinspection logs, notice of violations and other documents of building and safety code violation casesfor submittal to the City Attorney' s office when prosecution action is necessary to obtain compliance with the above codes and regulations.

Building Counter Operations:

Receive, process and issuebuilding permits and coordinate the plan check and inspection process, including the tracking, routing and storage of building plans and the filing of building permit applications. Input information into city' s computer tracking system.

Monitor andtrack the statusof building permit applications andplan checksfor expiration and develop a processto notify applicants prior to the expiration of their building permits.

Keep daily logs of building permit andinspection activities. Submit monthly, quarterly and annual reports of Consultant's activities to the City. The reports shall include, but not be limited to, the fees collected, the staffing levels provided, the staff hours expended, the number of permits issued, the number of inspections (by type) made, and other financial, operational, and statistical information pertinent to the Building Plan Check andInspection services process.

Provide public information regarding building permit applications, plan check and inspection services and related matters.

Identify and collect all required fees for building permit applications and other Building Division services. Facilitate the collection of fees from other department and/ or agencies thataredueandpayableprior to or concurrentwith theissuanceof abuilding permit.

Establish, maintain and update all forms in compliance City requirements, regulations, adopted standards, State or other laws and ordinances necessaryfor the operation of the Building Division, including " hand-out" sheetswhich explain building permit application processingproceduresidentified asbeing provided by the City.

All approval stamps, applications, forms and other documentsused in providing Building and Safety Servicesto the City shall beidentified with the City Sealandother identification indicating that the approval stamps, applications, and documents are from the City of Carson. All of the stamps, applications, forms, and other documents or supplies shall be the property of the City. ( Costs for the provision of these processing tools and supplies shall be the responsibility of the City.)
Performance Standards & Monitoring:

The Consultant shall be responsible for providing monitoring information to the City that shows achievementof the performance standardsand that personnel areproviding helpful and courteous service to customers. The monitoring may include, but is not limited to, customer feedback through written questionnaires and interviews and observations at the building counter and during building permit inspections, andmonthly statistical reports. 01007. 0001/ 899836. 2 A- 9
City hasestablishedPerformanceStandardsthat areto be applied to the processingof plan checks, building permits, and general service to the public that interacts with the Community Development Department. These Performance Standards are described in subsections below. Consultant recognizes the targets established in the Performance Standards, andwill adhereto thesemeasuresin theperformance of its servicesfor the City.

The City reservesthe right to add, amendor eliminate Performance Standardsat any time during the term of this Agreement. The City may usethe Performance Standardsto gauge the effectiveness of Consultant's service to the City. At the City' s request, the Consultant shall be responsible for providing monitoring information which shows that personnel providing services to the City are achieving the Performance Standards.

Plan Check - The initial check for building plans for new large scalehigh density multi -family andmixed-useprojects shall be completedwithin twenty (20) working days or less from the date of plan submittal. The initial check of building plans for new commercial, industrial and residential buildings shall be completed within ten 10) working days or less from the date of plan submittal.

The initial check of building plans for commercial, industrial and residential remodels, renovations and additions shall be completed within five ( 5) working days or less from plan submittal.

All rechecks of building plans shall be completed within five ( 5) working days or less from resubmittal.

Inspection — All building inspections requestedby 4:00p.m. on aworking day shall be conducted on the next working day with ana.m./p.m. commitment and atwo (2) hour window.

As special circumstances may dictate, after hour or weekend inspections will be conducted.

At all times, building inspectors shall conduct themselves in a courteous and professional manner andutilize thephone to help coordinateandnarrow inspection times with applicants.

Counter - Provide service and support for the building counter a minimum of eight 8) hours per working day. The building counter shall be open to the public and sufficiently staffed from the hours of 7:00 a.m.to 6:00p.m., Monday through 01007. 0001/ 899836. 2 A- 10
Thursday, excluding City holidays. Counter hours may be subject to reasonable changeby the City, including but not limited to, thehours of 7:00 a.m. to 6:00 p.m., with the potential for staggered work hours to cover the additional time.

Keep written information regarding building permit application, plan check and inspection process updates.

Answer the building counter phone when not with a customer at the counter and return telephone calls within two hours. Respond to all email inquiries within one working day.

On an as needed basis, assist the City in providing or updating any Building Division information on the City' s website.

Public Records Act Requests:

Consultant will provide prompt and immediate assistance and cooperation in response to City' s receipt of Public Records Act requests involving documents in the possession of Consultant.

Digitizing County Records:

Consultant will assist the City in digitizing County records.

Energov:

Consultant will assist City with the set-up of EP& L ( Energov).

II. In addition to the requirements of Section 6. 2 and pursuant to the Task Order' s project -specific Scope of Services, the Contract Officer may require the Consultant to provide the following deliverables, as applicable:

A. As requested by the Contract Officer.

III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

IV. Consultant will utilize qualified personnel with the following titles to perform the Services required by the applicable Task Order. Consultant shall obtain the Contract Officer' s advanced written approval when replacing any individual assigned to perform services on Task Orders:

A. Ayla Jefferson, CBO, Principal Building Official
B. Dennis Tarango, CBO, CSP, Principal Building Official C. Cern Ayan, P.E., ICC, Certified Plans Examiner, Deputy Building Official 01007. 0001/ 899836. 2 A- 11
D. Melissa Demirci, Contract Principal
E. Jeffrey Kao, PE, CBO, CASp, Plans Examiner and Inspector F. JasonRobins, CBO, CSP, Deputy Building Official
G. Jonathan Tarango, Building Division Supervisor
H. John Tufan, Building Division Supervisor
I. Julie Robbins, Building Division Supervisor
01007. 0001/ 899836. 2 A- 12
EXHIBIT " B"

SPECIAL REQUIREMENTS
Superseding Contract Boilerplate)
new text shown in bold italics, deleted text in strilethfough) I. Section 1.1 (Scope of Services) of the Agreement is hereby amended to read in its entirety as follows:

1. 1 Scope of Services.

As a material inducement to the City entering into this Agreement, Consultant represents and warms that it hasthe qualifications, experience, and facilities necessaryto properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for- the puTese intended in conformance with such standards. For purposes of this Agreement, the phrase " highest professional standards" shall mean those standards of practice recognized by one or more first crassprofessional firms performing similar work under similar circumstances."
II. Section 1.3 (Compliance with Law) of the Agreement is hereby amended to read in its entirety as follows:

1. 3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all serviceshereunderin accordance with, all applicable ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, Stateor local governmental entity having jurisdiction in effect at the time service is rendered."
III. Section 1.5 (Familiarity with Work) of the Agreement is hereby amended to read in its entirety as follows:

1. 5 Familiarity with Work.

By executing this Agreement, Consultant wa3s represents that Consultant ( i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and ( iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant waff ats-represents that Consultant has or will 01007. 0001/ 899836. 2 B- 1
investigate the site andis or will be fully acquaintedwith the visible conditions there existing, prior to commencementof services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer." IV. Section 1.6 (Care of Work) of the Agreement is hereby amended to read in its entirety as follows:

1. 6 Care of Work.

The Consultant shall adoptreasonablemethods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/ or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to personsor property to the extent causedby Consultant' s operations, until acceptance of the work by City, except suchlossesor damagesasmay be causedby City' s own negligence or the negligence or operations of any third party."
V. Section 2. 4 (Invoices) of the Agreement is hereby amended to read in its entirety as follows:

2. 4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expensesincurred during the preceding month in a form approved by City' s Director of Finance.

By submitting an invoice for payment under this Agreement, Consultant is certifying to the best of its knowledge, information and belief compliance with all provisions of the Agreement. The invoice shall detail chargesfor all necessaryand actual expensesby the following categories: labor by sub -category), travel, materials, equipment, supplies, and sub - contractor contracts. Sub- contractor chargesshall also be detailed by such categories. Consultant shall not invoice City for any duplicate servicesperformed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty- five (45) daysof receipt of Consultant's correct andundisputed invoice; however, Consultant acknowledges and agreesthat due to City warrant run procedures, the City cannot guaranteethat payment will occur within this time period. In the event any charges or expensesare disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law."
VI. Section 3. 4 (Term) of the Agreement is hereby amended to read in its entirety as follows:
01007. 0001/ 899836. 2 B- 2

3. 4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shallcontinuein full forceandeffectuntil completionof theservicesbut not exceedingthreeone 34-) years from the date hereof, except as otherwise provided in the Schedule of Performance Exhibit " D")." The City may, at its sole discretion, elect to extend the Term by two (2) additional one- year terms ( each, an " Extension Term'), at a not to exceed amount of $ 1,300, 000 per each Extension Term."
VII. Section 4.5 (Prohibition Against Subcontracting or Assignment) of the Agreement is hereby amended to read in its entirety as follows:

4. 5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, with the exception of GeoAdvantec, Inc., which will provide soils report review support, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to anyperson or group of personsacting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the eventof any suchunapprovedtransfer, including anybankruptcyproceeding, this Agreementshall be void. No approvedtransfer shall releasethe Consultantor any surety of Consultant of any liability hereunderwithout the expressconsentof City." VIII. Subsection ( d) ( Professional Liability) of Section 5.1 ( Insurance Coverages) of the Agreement is hereby amended to read in its entirety as follows:
d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession, as determined by the City' s Risk Manager, provided that the limits shall be no less than $ 1,000, 000 per claim and no less than $ 1,000, 000 general aggregate. This coverage maybewritten on a "claimsmade" basis, andmustincludecoveragefor contractualliability. The professional liability insurance required by this Agreement must be endorsedto be applicable to claims basedupon, arising out of or related to negligent servicesperformed under this Agreement.

The insurancemustbe maintainedfor at least5 consecutiveyearsfollowing the completionof Consultant's services or the termination of this Agreement. During this additional 5 -year period, 01007. 0001/ 899836. 2 B- 3
Consultant shall annually and upon request of the City submit written evidence of this continuous coverage."
IX. Section 5. 2 (General Insurance Requirements) of the Agreement is hereby amended to read in its entirety as follows:

5. 2 General Insurance Requirements.

All of the above policies of insurance (exceptfor professional liability) shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurancemaintained by City or its officers, employeesor agentsmay apply in excess of, and not contribute with Consultant' s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agentsand their respective insurers. Moreover, the insurancepolicy must specify that where the primary insured does not satisfy the self- insured retention, any additional insured may satisfy the self-insured retention.

All of said policies of insurance shall provide that said insurance may not be amended or cancelledby the insurer or any parry hereto without providing thirty ( 30) daysprior written notice by certified mail return receipt requestedto the City. In the event any of saidpolicies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5. 1 to the Contract Officer.

No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insuranceor binders are approvedby the City. City reservesthe right to inspect complete, certified copies of and endorsementsto all required insurancepolicies at any time. Any failure to comply with the reporting or other provisions of the policies including breachesor warranties shall not affect coverage provided to City.

All certificates shall name the City as additional insured ( except with respect to professional liability insurance) ( providing the appropriate endorsement) and shall conform to the following " cancellation" notice:

CANCELLATION:

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE

CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY ( 30) - DAY

ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
to be initialed]
Consultant Initials M
City, its respective elected and appointed officers, directors, officials, employees, agents andvolunteers areto be covered asadditional insureds asrespects: liability arising out of activities 01007. 0001/ 899836. 2 B- 4
Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scopeof protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer' s liability.

Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insuranceshall not be construedaslimiting in any way the extentto which the Consultant may be held responsible for the payment of damagesto any persons or property resulting from the Consultant's activities or the activities of any person or personsfor which the Consultant is otherwise responsible nor shall it limit the Consultant' s indemnification liabilities as provided in Section 5. 3.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (" Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened ( herein " claims or liabilities") that may be assertedor claimed by any person, firm or entity to the extent arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (" indemnitors"), or to the extent arising from Consultant' s or indemnitors' reckless or willful misconduct, or to the extent arising from Consultant' s or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
a) Consultant will defend any action or actions filed in connectionwith any of said claims or liabilities and will pay all costs and expenses, including legal costsand reasonable attorneys' fees incurred in connection therewith;
01007. 0001/ 899836. 2 B- 5
b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities to the extent arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agreesto save and hold the City, its officers, agents, and employees harmless therefrom;
c) In the event the City, its officers, agentsor employees is made a party to any action or proceeding filed or prosecutedagainst Consultant for such damagesor other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expensesincurred by the City, its officers, agentsor employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees to the extent resulting from Consultant' s negligence, recklessness or willful misconduct.

With respect to any claims or liabilities related to Consultant' s " design professional services'; if any, as defined in California Civil Code Section 2782.8, Consultant' s duty to the Indemnified Parties shall be limited to extent they are caused by the negligence, recklessness or willful misconduct of Consultant. In no event shall Consultant' s cost to defend exceed Consultant' sproportionate percentage of fault.

Consultant shall incorporate similar indemnity agreementswith its subcontractorsand if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional serviceshereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City' s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City' s negligence, except that design professionals' indemnity hereundershall be limited to claims and liabilities arising out of the negligence, recklessnessor willful misconduct of the design professional. The indemnity obligation shall be binding on successorsand assignsof Consultant and shall survive termination of this Agreement."
XI. Section 6.3 ( Ownership of Documents) of the Agreement is hereby amended to read in its entirety as follows:

6. 3 Ownership of Documents.

SCHEDULE OF COMPENSATION
I. Consultant shall perform the tasks contained in the Task Orders in accordance with the following and within the budgets established in the Task Orders:

Plan review, perrnit issuance and inspection services per sliding scale % of the monthly Building Division fees collected
Service Description Fees effective through June 30, 2024 f tonthly Budding Division fees coiected Siding Scale % 0 to 5200, 000 63%
200, 001 to $ 350, 000 60%
350, 001 and above 55%
The rain monthly fee no less than $ 95, 000
Building Official per the schedule of hourly rates
Any other staff services per the schedule of hourly rates Whereno fees colected, orreduced for plan check or perHis, erttitiemerttrevive ,s, LDCompliance, sat Peport, Hyaroiogy P.eport P.erie+.! s and other adoitiorial services requested shay be per the hourty Standard rates.

Hourly Pates are increased each year AAV Ist automatically by the percentage change Los Angeles -Long Beoch- Anahern CaNamia Consumer Price Index -Al Urban Cc nsurhers [- CP;-U-] for the precec* V t+ .melye-month period as axJc fated for February by the U.S. Department of Labor Bue3, r of Labor Statistic and p: ibishec by the united states Bureau of Labor Stat lift.

II. Within the budgeted amounts for each Task Order, and with the approval of the Contract Officer, funds may be shifted from one Task sub -budget to another so long as the Contract Sum is not exceeded per Section 2. 1, unless Additional Services are approved per Section 1. 8.

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly chargedto the Services.

C. Line items for all other approvedreimbursable expensesclaimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. The total compensation for the Services shall not exceed $ 3, 900, 000 as provided in Section 2. 1 of this Agreement.

V. The Consultant' s billing rates for all personnel are attached as Exhibit C- 1. 01007. 0001/ 899836. 2 C- 1
EXHIBIT " C- 1"

BILLING RATES

I( IISMUCTM MANAGEMENT
IatmrCmkdYfCreA ail 5145 155
FLUS CMN& M6rf 5150 3160
Qfke En* M 5145 5155
CW5- rudDn Inspeetnr 5140 5150
5erior Gor5tn6d< DflkWe= 5150 5160
ConSxrwkm Marup 5170 5185
Resident Bow 5155 sw0
PUBLIC V4KM S. INSPECTION
Putic I5M In* Mar 1 1.

Sew Pubs 4fAft n We=
5upmWq PA- irYspew

SURVEY AND MAPPING
5urhTy AnStst 5150 5155
5emr SUMey fawlysi 5155 5160
2 -mumsr.rm cfm 5345 5360
5wey A Mq* g 5ped3ist 5185 52D0
Lkersm Land 5urveVor 5210 5M
FUNDING S GRANT % WRING
R n% SSC 3145 5150
5erior RM An. -1y51 3150 160
Gant VA Ef 5165 Sim
Rxit S GuT, Pryer Mrcrer 5185 3195

PLANNING
CnmmurriyOe 4mert Tedri ian 580 5w
P!<nmg Twvii n 590 5100
AMblz= PMW 5100 5120
Asadme Pt3nner 5120 5140
5emr Ptamer 5145 5155
Ptmlliv Ramw 5170 5190
ADMINIGTRATIVE := 7AFF
Llldmi*= Ji Cie>ol 5710 5w
Pmi: ; acsrrani 5BL1 340
Theab0Veteesare iced earonyear dulyt51aura- Beady a ar* if Cam Canner Rke WKIMi-A6 IJbarr CalSU M {" GPI4?) for Te Pn A& V twi# r& rn" Perioda rimed 10rFaP" y by the UA OgkVM f of Labor Buwu of Labor5t rkks andpulAtea by 7N AM 5tMm BueausofLaborStaliik 01007. 0001/ 899836. 2 C- 2
EXHIBIT " D"

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services on an on- call basis, Task Order basis, as set forth in Exhibit " A."
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A. As requested by the Contract Officer.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3. 2.
01007. 0001/ 899836. 2 D- I
A " CERTIFICATE OF LIABILITY INSURANCE
DATE ( MM/ DDlYYYY)
6/ 15/ 2023

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER CONTACT
NAME: Marie Swaney
AssuredPartners Design Professionals Insurance Services, LLC PHONE AX 3697 Mt. Diablo Blvd Suite 230 fAJC,
E-
MAINo,
L
626- 696- 1890 No :

ADDRESS: CertsDesignPro@AssuredPartners. comLafayette CA 94549 INSURER( S) AFFORDING COVERAGE NAIC #
INSURERA: Travelers Casualty and Surety Co of America 31194License#: 6003745

INSURED
TRANENG-09 INSURERB: TravelersPropertyCasualtyCompanyofAmerica 25674 tech Engineers, Inc.
909- 5909-595- 8599 INSURERC: The Travelers IndemnityCompany of Connecticut 25682 INSURERD: Sentinel Insurance Company 1100013367 Benson Ave Chino CA 91710- 3009 INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 344520980 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEDBY THE POLICIES DESCRIBED HEREINIS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONSOF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCEDBY PAID CLAIMS.

INSRLTR TYPE OF INSURANCE

ADDL SUBR

POLICY NUMBER MM/DDS
POLICY
M
DDY
LIMITS
B X COMMERCIAL GENERAL LIABILITY Y Y 6805H737478 12/ 31/ 2022 12/ 31/ 2023 EACH OCCURRENCE $ 1, 000, 000 CLAIMS -MADErx OCCUR

DAMAGE TO RENTED
PREMISES Ea occurrence $ 1, 000, 000
MED EXP ( Any one person) $ 10, 000X ContractualLiab
X XCUIncluded PERSONAL & ADV INJURY $ 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 62, 000, 000 POLICYFX] JEo LOC PRODUCTS - COMP/ OP AGG $ 2, 000, 000 OTHER:

C AUTOMOBILE LIABILITY Y Y BA3R067451 12/ 31/ 2022 12/31/ 2023 COMBINEDSINGLELIMIT $ 1, 000, 000Ea accident BODILY INJURY ( Per person) $ ANY AUTO

OWNED SCHEDULED

AUTOS ONLY AUTOS
BODILY INJURY ( Per accident) $
PROPERTY DAMAGE $
Per accidentX HIREDX NON -OWNEDAUTOS ONLY AUTOS ONLY
X NoOwnedAutos
B X UMBRELLA LIAB X OCCUR Y Y CUP41" 17434A 12/ 31/ 2022 12/31/ 2023 EACH OCCURRENCE $ 5, 000, 000 AGGREGATE $ 5, 000, 000EXCESS LIAB CLAIMS - MADE
DED X RETENTION $

D WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N
Y 57WEGAA508A 9/ 1/ 2022 9/ 1/ 2023 X STATUTE
ERH
ANYPROPRIETOR/ PARTNER/ EXECUTIVEE. L. EACH ACCIDENT $ 1, 000, 000 F—]OFFICER/ MEMBER EXCLUDED? NIA
E. L. DISEASE- EA EMPLOYEE $ 1, 000, 000Mandatory in NH) If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ 1, 000, 000 A Professional Liability 107328311 12/ 31/ 2022 12/ 31/ 2023 Per Claim $ 2, 000, 000 Aggregate Limit $ 4, 000, 000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Insured owns no company vehicles; therefore, hired/ non- owned auto is the maximum coverage that applies. Umbrella Liability policy is excess and follow - form to its underlying Policies: General Liability/ Auto Liability/ Employers Liability. Professional Liability is E&O Liability.

Re: All Operations as pertains to the Named Insured for the City of Carson -- City of Carson, its elected and appointed officers, employees, volunteers and agents are named as an additional insured as respects general liability and auto liability as required per written contract or agreement. General Liability is Primary/ Non- Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement( s).

CANCELLATION/ CHANGE: 30 day notice will be sent to the certificate holder. laK I [ I- lt A I t MULUtK t. ANL r_ LLA I IUN bU Uay NOUCe WIII De sem SO noiaer

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

INSURANCE APPROVED THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City of Carson %
701 E Carson Street
Carson CA 90745 6/ 15/ 2023

AUTHORIZED REPRESENTATIVE
1988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25 ( 2016/ 03) The ACORD name and logo are registered marks of ACORD Policy #
6805H737478

COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also_
Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer' s
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.

The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
d. Primary And Non - Contributory Insurance If laws or regulations.

Required By Written Contract --- > 7, Separation Of Insureds If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and non-
contributory basis, this insurance is primary to
other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
1) The " bodily injury' or " property damage" for
which coverage is sought occurs; and
2) The " personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.

5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
31 C.

Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.

The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.

6. Representations
By accepting this policy, you agree:

Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or " suit" is brought.

8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring " suit" or transfer those rights to us and help us enforce them.

9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice_
SECTION V — DEFINITIONS

1. " Advertisement" means a notice that is broadcast or published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, products or services
for the purposes of attracting customers or
supporters is considered an advertisement.

Page 16 of 21 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy #
6805H737478
occupational therapist or occupational
therapy assistant, physical therapist or
speech- language pathologist; or
b) First aid or " Good Samaritan services"
by any of your " employees" or " volunteer
workers", other than an employed or
volunteer doctor. Any such " employees"
or " volunteer workers" providing or failing
to provide first aid or " Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.

3. The following replaces the last sentence of
Paragraph 5. of SECTION III — LIMITS OF
INSURANCE:

For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide " incidental medical
services", first aid or " Good Samaritan
services" to any one person will be deemed
to be one " occurrence".

4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I —
COVERAGES — COVERAGE A — BODILY

INJURY AND PROPERTY DAMAGE
LIABILITY:

Sale Of Pharmaceuticals
Bodily injury" or " property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale
ofd
pharmaceuticals committed by, or with the
knowledge or consent of the insured.

S. The following is added to the DEFINITIONS
Section:

Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x-
ray or nursing service or treatment,
advice or instruction, or the related
furnishing of food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.

COMMERCIAL GENERAL LIABILITY
that is available to any of your " employees"
for " bodily injury" that arises out of providing
or failing to provide " incidental medical
services" to any person to the extent not
subject to Paragraph 2. a.( 1) of Section II —
Who Is An Insured.

K. MEDICAL PAYMENTS — INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION III — LIMITS OF INSURANCE:

7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses
because of " bodily injury" sustained by any
one person, and will be the higher of:
a. $ 10, 000; or
b. The amount shown in the Declarations of
this Coverage Part for Medical Expense
Limit.

L. AMENDMENT OF EXCESS INSURANCE
CONDITION — PROFESSIONAL LIABILITY
The following is added to Paragraph 4. b.,
Excess Insurance, of SECTION IV —

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any of the other
insurance, whether primary, excess, contingent
or on any other basis, that is Professional
Liability or similar coverage, to the extent the
loss is not subject to the professional services
exclusion of Coverage A or Coverage B.

M. BLANKET WAIVER OF SUBROGATION —

WHEN REQUIRED BY WRITTEN CONTRACT

OR AGREEMENT
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:

If the insured has agreed in a written contract or
agreement to waive that insured' s right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
because of:

6. The following is added to Paragraph 4. b., a. " Bodily injury" or " property damage" that Excess Insurance, of SECTION IV —

COMMERCIAL GENERAL LIABILITY
occurs; or
CONDITIONS: b. " Personal and advertising injury" caused by This insurance is excess over any valid and
an offense that is committed;
collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement.

POLICY NUMBER: 680- 51-1737478 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s) Or Organization( s):

Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for " bodily injury" or " property damage" included in the products - completed operations hazard, provided that such contract was signed by you before, and is in effect when, the " bodily injury or "property damage" occurs.

Location And Description Of Completed Operations
Any project to which a written contract with the Additional Insured Person( s) or Organization( s) in the Schedule applies.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II — Who Is An Insured is amended to in-
clude as an additional insured the person( s) or or-
ganization( s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "propertydam- age" caused, in whole or in part, by " your work" at the CG 20 37 07 04
CG T8 04 12 22
location designated and described in the schedule of
this endorsement performed for that additional in-
sured and included in the " products - completed opera- tions hazard".

ISO Properties, Inc., 2004
DATE OF ISSUE: 10/ 04/ 2022 Page 1 of 1
POLICY NUMBER: 680- 51-1737478 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Names of Additional Insured Person( s) or Organization ( s):

Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the " personal injury" or "advertising injury" offense is committed.

Location of Covered Operations:

Any project to which a written contract with the Additional Insured Person( s) or Organization( s) in the Schedule applies.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in-
clude as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury", " property damage", " personal injury" or " advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured( s) at the location( s) desig-
nated above.

B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:

CG D3 61 03 05
This insurance does not apply to " bodily injury" or
property damage" occurring, or " personal injury"
or " advertising injury" arising out of an offense
committed, after:

1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project ( other than service, mainte-
nance or repairs) to be performed by or on
behalf of the additional insured( s) at the loca-
tion of the covered operations has been com-
pleted; or

2. That portion of " your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization
other than another contractor or subcontrac-
tor engaged in performing operations for a
principal as a part of the same project.

CG T8 06 12 2) ncludescopyrightedmaterialof InsuranceServicesOffice, Inc. with its permission.

DATE OF ISSUE: 10/ 04/ 2022 Page 1 of 1
Policy # BA3R067451

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A. 5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any " accident" or " loss", provided that the CONDITIONS Section: " accident' or ' loss" arises out of the operations

5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent
CA T3 40 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy: BA3R067451 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following is added to Paragraph c. in A. 1., Who
Is An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE in the BUSINESS AUTO
COVERAGE FORM and Paragraph e. in A. 1., Who Is
An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE in the MOTOR CARRIER
COVERAGE FORM, whichever Coverage Form is
part of your policy:

This includes any person or organization who you are
required under a written contract or agreement
between you and that person or organization, that is
signed by you before the " bodily injury" or " property damage" occurs and that is in effect during the policy
period, to name as an additional insured for Covered
Autos Liability Coverage, but only for damages to
which this insurance applies and only to the extent of
that person' s or organization' s liability for the conduct of another " insured".

AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACT SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
Amendment") by and between the CITY OF CARSON, a California municipal corporation City") and TRANSTECH ENGINEERS, INC., a California corporation (" Consultant"), is effective as of March Co , 2024. City and Consultantare sometimeshereinafter individually referred to as "Party" and hereinafter collectively referred to as the " Parties."

RECITALS
A. City andConsultantenteredinto thatcertainAgreementfor ContractServicesdated June 21, 2023 (" Agreement"), whereby Consultant agreed to provide certain on-call development - related services, including Building Division Administration, Building Plan Check, Building Inspection, Building CodeEnforcementandBuilding CounterOperations, for a Term of three (3) years with two ( 2) additional one- year options to extend, at a not to exceed Contract Sum of 3, 900, 000.

B. The Agreement provides that Consultant will be paid as a percentage of certain monthly City Building Division feescollectedby theCity. SincetheAgreementTerm commenced, City' s Building Division has collected feesfar in excessof the amount City initially anticipated andtherefore, it isnowappropriatefor theContractSumto beincreasedafterforecastingthetotal amount of fees that will be collected through the expiration of the Term.

C. Now, the Parties seek to increase the not to exceed Contract Sum from $ 3, 900, 000 to $ 8,000,000 to more accurately reflect the actual fees anticipated to be collected during the AgreementTerm, andincreasetheannualnot to exceedcompensationto bepaid Consultantduring each Extension Term from $ 1,300, 000 to $ 3, 000, 000.

D. Section 2611(m) of the City' s Municipal Code provides "[ a] ny amendment to a contract that exceeds $ 75,000 requires re -solicitation unless ( i) the City Council waives the re - solicitation requirementfollowing determinationthat suchwaiver is in the City' s bestinterest or ii) the amendment concerns a change order in which event bidding will not be required irrespective of the amount."
E. This Amendment can function as a change order under Section 2611( m) because it reflects a change to the scope of work and price arising out of reasonably unforeseeable circumstancesborne out of the original scope of the Agreement. Specifically, the significant increases of the City' s Building Division fees collected since the commencement of the Agreement andthenow adjustedforecastof substantialincreaseof future feescould not havebeenreasonably anticipated based on historical development activities.

EXHIBIT NO. 2
01007. 0001/ 799663. 2 D- 1
TERMS

1. Contract Changes. The Agreement is amended as provided herein ( deletions shown in ski etheuo and additions shown in bold italics).

A. Section 2.1 (Contract Sum) of the Agreement is hereby amended to read in its entirety as follows:
4&2. 1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agreesto pay Consultant the amounts specified in the " Schedule of Compensation" attached hereto as Exhibit " C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Eight Three Million Nine 14andfe Thousand Dollars ($ 8, 000, 000$ 3 -,90Q -,W4) ( the " Contract Sum"), unless additional compensationis approvedpursuantto Section 1.8. In the event City electsto exerciseits options to extend the Term pursuant to Section 3. 4 hereof, the Contract Sum will increase by an amount not to exceed $3,000, 000$ 394; 849 per year." B. Section 3.4 (Term) of the Agreement is hereby amended to read in its entirety as follows:

3. 4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continuein full force and effect until completion of the servicesbut not exceedingthree (3) years from the date hereof, except as otherwise provided in the Schedule of Performance ( Exhibit D")." The City may, at its sole discretion, elect to extendthe Term by two (2) additional one- year terms ( each, an " Extension Term"), at a not to exceed amount of $ 3, 000, 00094; 944 per each Extension Term."
C. Exhibit " C" ( Schedule of Compensation) is hereby amended to read in its entirety as follows:

See attached.

2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term " Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultanteachratify and reaffirm each and every one of the respectiverights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party 01007. 0001 / 799663. 2 D- 2
represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The partieshereto irrevocably stipulate and agreethat they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Amendment on behalf of the parties hereto warrantthat (i) suchparty is duly organizedand existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, ( iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and ( iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.

6. Counterparts. This Amendment may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Amendment.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
01007. 0001/ 799663. 2 D- 3
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first - above written.

CITY:

CITY OF CARSON, a municipal corporation
740
LW4
o^
542
laDavis- Holmes Ma orY
Dr. haleah R. Bradshaw, City Clerk —
o
APP
VEP'
ASJI' O FORM:

A SHI & YNDER LLP
SunnyI. Soni,
rill /
IAE UNLt
CONSULTANT:

TRANSTECH ENGINEERS, INC., a California
corporation
c
By:

Name: Allen ayir
Title: President
By:

Name: Sybil Cayir
Title: Secretary
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT' S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT' S BUSINESS ENTITY. 01007. 0001/ 799663. 2 D- 4
l' 1 T T i1TT11T[, T ! 1------ ..... I TAii/ i Tl' l % YA . iT1TT A notary public or other officer completing this certificate verifies only the identity of the individual who signedthe documentto which this certificate is attached, and not the truthfulness, accuracyor validity of that document.

STATE OF CALIFORNIA
COUNTY OF E6
jGrn1 - " i10
On , 2024beforeme,kRAV Pools , personallyap earedAlltn CA 1Y , provedto meonthe basis o satisfactory evidence to be the person iswhose names a subscribed to ' the wwithin instrument and acknowledged to me thahe he/they executed the same in his er/their authorized capacity, and that by his er/their signature,( on the instrument the persoto, or the entity upon behalf of which the persq acted, executed the instrument.

I certify underPENALTY OF PERJURY underthe laws of the Stateof California that the foregoing paragraphis true and correct.

WITNESS my hand andofficial seal." FAwKAITLYN A NIS
COMM. # 2444611 N
W t Notary Public - Caiifomia
SG' Gr,) J SANBERNARDINOCOUNTY
ignature: a
Comm. Exp. Apr. 18, 2U7

OPTIONAL
Though the data below is not required by law, it may prove valuable to personsrelying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL
tO CORPORATE OFFICER
hmono {mevt,- f - /tel

TITLE OR TYPE OF DOCUMENT
01007. 000in99663. 2 D- 5

NUMBER OF PAGES
C i . Z Z -j 20

DATE OF OC NTOFOC NT

OTHER THAN NAMED ABOVE

TITLES)

PARTNER( S) LIMITED

GENERAL

ATTORNEY- IN- FACT

TRUSTEE( S)

GUARDIAN/ CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

NAME OF PERSON( S) OR ENTITY( IES))
01007. 000in99663.2 D- 5

NUMBER OF PAGES
C i . Z Z -j 20

DATE OF OC NTOFOC NT

OTHER THAN NAMED ABOVE
1 T TT1 l jj T T T1T I' Q', T /' Y L; tZ TT T1T\!' I1 7T i
A notary public or other officer completing this certificate verifies only the identity of the individual who signedthe documentto which this certificate is attached, and not the truthfulness, accuracyor validity of that document.

STATE OF CALIFORNIA
S'an j nar Ko

COUNTY OF
On 2 , 2024 before me, , personallyappearedSv10iI C014i r , proved to me on the basis f satisfactoryevidenceto be thd persono whosenames is re subscribed to the within instrument and acknowledged to me that hshe hey executed the same in hi er their authorized capacity(i6ssj, and that by hi er heir signatureK on the instrument the personal, or the entity upon behalf of which the personjA' acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. KAITLYN ALANIS
COMM. # 2444611 N
N6 NotaryPublic - California

SAN BERNARDINO COUNTY
Signature: f1V
Comm. Exp. Apr• 18, 2027

OPTIONAL
Though the data below is not required by law, it may prove valuable to personsrelying on the document and could prevent fraudulent reattachment of this form.
lar

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT
01007. 000in99663. 2 D- 6
7 NUMBER OF PAGES
51n Z2 L2-,d.9-
DATE OF I5OCUNkENT

OTHER THAN NAMED ABOVE

TITLE( S)

PARTNER( S) LIMITED

GENERAL

ATTORNEY- IN- FACT

TRUSTEE( S)

GUARDIAN/ CONSERVATOR
OTHER
SIGNER IS REPRESENTING:

NAME OF PERSON( S) OR ENTITY( IES))
01007. 000in99663.2 D- 6
7 NUMBER OF PAGES
51n Z2 L2-,d.9-
DATE OF I5OCUNkENT

OTHER THAN NAMED ABOVE
EXHIBIT " C"

SCHEDULE OF COMPENSATION
I. Consultant shall perform the tasks contained in the Task Orders in accordance with the following and within the budgets established in the Task Orders:

Plan review, permit issuance and inspection services per sliding scale % of the rnonthly Building Division rept r• nnPrtPri
Service Description Fees effective through . June 30, 202. 1 Vlonthly Budding Division fees collected Siding Scale S 0 to 3200, 000 63S
200. 001 to $ 350, 0D0 60' 6
350, 001 and above 55%
The min monthly fee no less than $, 95, OOo
Building Official per the schedule of hourly rates
Any other staff services per the schedule of hourly rates where no fees colecteo, or reduced for plan check or permits, entitlement revie, rs, u0 Compliance, Soils Report, Hyarobgy Report Reviiet rs and other additional servicers requested salsa be per the hourly standard rates.

Hourly Pares are increasea each year Jury 1st outamafioally W the percentage cr ange LosAr1Cew- long SeoCh-Anaheim Cafdarrra Consumer Price Index -All urban Ccmurners [- CPl-U"] for the preceding n .-ePre-month period as calculated for February by the U.s_ Depanrnent of Labor 6ireau of Labor Statisticsand' published by the united States Bureau of Labor Statistic.

There shall be no limitation on the annual amount of compensation to be paid Consultant during the three-year Term with the only compensation limitation being 8,000,000 over the course of the Term.

III. The City will compensateConsultant for the Servicesperformed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. The total compensation for the Services shall not exceed $ 8, 000, 0009900; 808 as provided in Section 2. 1 of this Agreement.

The Consultant' s billing rates for all personnel are attached as Exhibit C- 1. 01007. 0001 / 799663. 2 D-%
01007.0001/1030700.1
AMENDMENT NO. 2

TO AGREEMENT FOR CONTRACT SERVICES
THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR CONTRACT SERVICES (“Amendment No. 2”) by and between the CITY OF CARSON, a California municipal corporation (“City”) and TRANSTECH ENGINEERS, INC., a California corporation (“Consultant”), is effective as of January _____, 2025. City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into that certain Agreement for Contract Services dated June 21 , 202 3 (“Agreement”), whereby Consultant agreed to provide certain on-call development-related services, including Building Division Administration, Building Plan Check, Building Inspection, Building Code Enforcement and Building Counter Operations (collectively, “Services”), for a Term of three (3) years with two (2) additional one -year options to extend, at a not to exceed Contract Sum of $3,900,000.

B. The Agreement provides that Consultant will be paid as a percentage of certain monthly City Building Division fees collected by the City. Since the Agreement Term commenced, City’s Building Division has collected fees far in excess of the amount City initially anticipated and as a result, the City determined it is was appropriate for the Contract Sum to be increased after forecasting the total amount of fees that will be collected through the expiration of the Term.

C. The Parties entered into an amendment to the Agreement dated March 6, 2024 (“Amendment No. 1”) to increase the not to exceed Contract Sum from $3,900,000 to $8,000,000 to more accurately reflect the actual fees anticipated to be collected during the Agreement Term, and increase the annual not to exceed compensation to be paid Consultant during each Extension Term from $1,300,000 to $3,000,000.

D. Even though the Term will expire June 20, 2026, it is expected that the $8,000,000 allocated for the Agreement through Amendment No. 1 will be depleted imminently. As a result, the Contract Sum will need to be further increased. However, due to the inability of City (or anyone, for that matter) to reliably predict the volume and scope of development and the associated fees to be collected, it is impossible to accurately forecast the amount of compensation that will be payable to Consultant during any given time period, including the Term and any extension of the Term , with any degree of certainty ; but because a Contract Sum must be designated in the Agreement, City staff has no choice but to provide its best estimate of the amount City Council will need to authorize. City staff has roughly determined that $8,000,000 was payable to Consultant during the first 18 months of the Term. Based thereon, it is estimated that the annual monies needed to pay Consultant is $5,000,000 which includes allocation of monies that anticipates large development projects needing to be processed by Consultant.

E. The Parties seek to expand the Scope of Services to add review of Engineering tentative and final maps (“Engineering Review”).

F. The City is electing to exercise its two (2) additional one-year options to extend the Term in advance, and the Parties seek to extend the Term so that it will expire June 20, 2028. 01007.0001/1030700.1
G. Compensation paid to Consultant is primarily on a sliding scale, depending on the amount of fees collected. The Parties now seek to amend the Schedule of Compensation by further refining the sliding scale.

H. Through this Amendment No. 2, the Parties also seek to add to the Scope of services the requirement that the Building Official shall be required to be physically present at City Hall during all business hours of the City and modify the early termination provisions.

I. Section 2611(m) of the City’s Municipal Code (“CMC”) provides “[a]ny amendment to a contract that exceeds $75,000 requires re -solicitation unless (i) the City Council waives the re-solicitation requirement following determination that such waiver is in the City’s best interest or (ii) the amendment concerns a change orde r in which event bidding will not be required irrespective of the amount.” Section 2601(d) of the CMC defines change order as “ a change to the scope of work, price, schedule, or some othe r term of an existing contract that arises out of reasonably unforeseeable circumstances borne out of the original scope of the contract.” J. This Amendment No. 2 can function as a change order under Section 2611(m) because it reflects a change to the scope of work and price arising out of reasonably unforeseeable circumstances borne out of the original scope of the Agreement. Specifically, the Engineering Review and significant increases of the City’s Building Division fees collected since the commencement of the Agreement and the now adjusted forecast of substantial increase of future fees, are borne out of the original Scope of Services because the nature of servi ces is similar to the original scope and could not have been reasonably anticipated based on historical development activities.

TERMS

1. Contract Changes. The Agreement is amended as provided herein (deletions shown in strikethough and additions shown in bold italics).

A. Section 2.1 (Contract Sum) of the Agreement is hereby amended to read in its entirety as follows:
“2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Twenty Five Eight Million Dollars ($25,000,000.00$8,000,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8. In the event City elects to exercise its options to extend the Term pursuant to Section 3.4 hereof, the Contract Sum will increase by an amount not to exceed $3,000,000 per year.”
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B. Section 3.4 (Term) of the Agreement is hereby amended to read in its entirety as follows:
“3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding five three (53) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).” The City may, at its sole discretion, elect to extend the Term by two (2) additional one-year terms (each, an “Extension Term”), at a not to exceed amount of $3,000,000 per each Extension Term.”
C. Section 7.7 (Termination Prior to Expiration of Term) of the Agreement is hereby amended to read in its entirety as follows:
“7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Agreement Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to may terminate this Contract at any time, with or without cause, upon sixty (60) Agreement if and only if all of the following criteria are met: (i) City is in default under the terms of this Agreement; (ii) Cons ultant has given City thirty (30) days’ written notice to City, except that where termination is due to (or longer, if circumstances warrant) of the fault of default and the City reasons for the default; and (iii) City has failed to cure the default within said cure , the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of City’s termination without cause pursuant to this Section, the terminating party City need not provide the non-terminating party Consultant with the opportunity to cure pursuant to Section 7.2.”
C. Exhibit “A” (Scope of Services) is hereby amended to read in its entirety as follows:

See attached.

D. Exhibit “C” (Schedule of Compensation) is hereby amended to read in its entirety as follows:

See attached.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement and Amendment No. 1 shall remain unchanged and in full force 01007.0001/1030700.1
and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 2 and Amendment No. 1 to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement and Amendment No. 1. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein and Amendment No. 1. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment No. 2, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound.

6. Counterparts. This Amendment No. 2 may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Amendment No. 2. [SIGNATURES ON FOLLOWING PAGE]
01007.0001/1030700.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date and year first-above written.

CITY:

CITY OF CARSON, a municipal corporation
Lula Davis-Holmes, Mayor
ATTEST:

Dr. Khaleah R. Bradshaw, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Sunny K. Soltani, City Attorney
[pks;rjl]
CONSULTANT:

TRANSTECH ENGINEERS, INC., a California
corporation
By:

Name: Allen Cayir
Title: President
By:

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY

THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01007.0001/1030700.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 202 5 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_________________________
______
_______________________________
_______
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________
________
_____________________________________
________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 01007.0001/1030700.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_________________________
______
_______________________________
_______
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________
________
_____________________________________
________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SCOPE OF SERVICES
I. Consultant will perform the following Services on an on-call, Task Order basis, with each Task Order containing a detailed task order scope, budget and schedule for completion, to be pre-authorized by the City’s Contract Officer:

Since its incorporation in 1968, the City of Carson has contracted with the Los Angeles County Department of Public Works for most development -related services, including Building and Safety and Engineering services. Consultant will assume responsibility f or the operation of Building and Safety, to provide building and safety services, including Building Division Administration, Building Plan Check, Building Inspection, Building Code Enforcement, and Building Counter Operations.

Issuing and Processing Permits:

Process and issue building, mechanical, electrical, plumbing, sewer, grading, landscape, and pool permits. These responsibilities include:
• Review and verify work products and/or reports for accuracy prior to submission. • Maintain organized and accurate project records (e.g., permits, record drawings, designs, etc.) according to departmental retention requirements to ensure quick retrieval upon request.
• Coordinate and respond to requests for information within established timelines. • Identify and clarify technical information (e.g., building permit requirements, zoning regulations, etc.) to customers and direct/refer them to the appropriate agencies, as needed.
• Review plans and provide accurate and complete code -compliance information relevant to the customer's request.
• Review and check forms (e.g., permit applications, bonds, easements, affidavits, etc.) for accuracy, completeness (including required documentation and authorized signatures) and compliance with relevant codes and regulations before submittal.
01007.0001/1030700.1
• Issue complete and accurate permits according to appropriate codes and departmental policies.
• Calculate and collect the appropriate fees according to established policies and fee schedules.
• Greet callers and office visitors promptly and courteously according to departmental customer service standards.
• Respond promptly to all email inquiries.

Plan Review and Plan Approval:

Plan review and plan approval for construction, including architectural and structural plans, mechanical, electrical, and plumbing plans, soils and geotechnical plans, drainage and grading plans, and methane gas mitigation plans. These responsibilities include:
• Review engineering documents by accurately and thoroughly identifying discrepancies/issues that are not in compliance with applicable codes, standards and sound engineering principles.
• Communicate review comments and feedback to relevant parties within established timelines.
• Review, approve and sign engineering plans, specifications, and cost estimates within established timelines.
• Conduct complex field inspections and studies to verify general conformity with engineering designs as represented on approved plans and/or industry practices. • Develop recommendations and implement solutions that reflect an understanding of field operations/conditions and sound engineering practices. • Resolve and document technical discrepancies/issues in accordance with applicable codes and engineering practices.
• Review and verify work products and/or reports for accuracy prior to submission. • Prepare and sign/stamp plans, specifications, and cost estimates within established timelines.
• Coordinate and respond to requests for information within established timelines. • Provide higher level engineering advice to field personnel and internal customers that reflect an understanding of sound engineering principles. • Identify and coordinate the review of plans by appropriate personnel and/or agencies to ensure job approach complies with professional engineering techniques and methods.
01007.0001/1030700.1
• Accurately identify discrepancies/issues in design and/or construction phases to ensure compliance with applicable codes, standards, regulatory agencies, and sound engineering principles and communicates to all relevant parties. • Accurately apply sound engineering principles to the job.

Building Inspections:

Provide inspections throughout the construction process until projects are completed and can be signed -off. Minimum required certifications are a valid certification in building inspection and a valid certification in one of the following: electrical, plu mbing or mechanical inspection from a recognized code certification organization in a code used by the County of Los Angeles. These responsibilities include:
• Retrieve and verify appropriate permits and other related documentation for scheduled inspections.
• Review construction plans, codes, ordinances, and other reference materials for the more complex projects prior to inspections to accurately identify issues and ensure compliance with applicable codes and ordinances. • Schedule site visits within established timelines.
• Perform inspections of the larger, more complex structures and buildings (e.g., shopping malls, refineries, large restaurants, apartment complexes, etc.) within established timelines to ensure compliance with County's Building Laws and other related federal, state, and local code requirements and zoning ordinances. • Identify deficiencies in construction site work and initiate the process to ensure compliance with code and ordinance requirements.
• Identify and address potential safety hazards in accordance with applicable safety requirements and directives.
• Enter, update, and organize inspection results and relevant information into the record-keeping systems within established timelines.
• Conduct complex field inspections and studies to verify general conformity with engineering designs as represented on approved plans and/or industry practices. • Prepare accurate and thorough field inspection and survey reports to verify general conformity with professional engineering techniques and methods in accordance with departmental and industry standards.
• Collect appropriate data to support complex design in compliance with regulatory agency requirements and/or with division practices.
• Resolve and document technical discrepancies/issues in accordance with applicable codes and engineering practices.
01007.0001/1030700.1
Building Official/Office Manager:

Provide Building Official/Office Manager services. The Building Official shall be required to be physically present at City Hall during all business hours of the City.

Minimum required certifications are a California licensed professional engineer. These responsibilities include:
• Assist in identifying and preparing plans that reflect schedule, staffing, funding sources, appropriate materials needed, technical requirements and all relevant stakeholders.
• Verify that product quality meets established standards(e.g., Quality Assurance/Quality Control) according to divisional, departmental, and regulatory guidelines.
• Coordinate and respond to requests for information within established timelines. • Participate in coordinating and building consensus between customers, divisions, and internal/external agencies.
• Accurately identify and evaluate new legislation/regulations in order to determine the effect upon departmental operations and recommends a sound course of action.
• Inform technical staff of changes to pertinent laws, rules, and regulations within established timelines to ensure a clear understanding.
• Accurately interpret and explain rules, regulations and policies (e.g., engineering guidelines), and any changes, to staff within established timelines. • Coordinate the training of staff in the use of applicable systems. • Provide accurate technical guidance and relevant feedback within established timelines.
• Deliver training in a clear, technically accurate, concise, and professional manner that reflects current and sound engineering practices.
• Thoroughly prepare and make presentations which are well organized and audience appropriate.
• Respond to inquiries accurately and thoroughly and when necessary, follow up on information or provides appropriate referrals within established timelines. • Assign work to be completed within stated timelines to appropriate personnel and communicate work expectations.
• Implement new policies and procedures to improve productivity and quality of work.
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• Select employees for particular work assignments and assist in making recommendations for employees or release of personnel in accordance with varying workloads.
• Identify and research appropriate training needs and available resources to secure technical training on an-ongoing basis.
• Ensure all appropriate safety guidelines are followed and that staff members attend all required safety training.
• Ensure that staff work meets standards and/or expectations and is in compliance with established policies.

The Services will also include the following some of which, where contextually suggested, will be performed at City Hall:

Building Division Administration:

Consultant shall provide an ICC Certified Building Official. The Building Official shall be responsible for the daily administration of the Building Division activities, and shall perform the following services, including but not limited to:
• Function as the Building Official as set forth in the California Building Code, in other City adopted building codes and ordinances, and as specified in Federal and State law.
• Issue Certificates of Use and Occupancy for buildings and structures. • Manage, coordinate and oversee the building permit and plan check, building inspection, building counter building code enforcement services so that they function as one building and safety organization.
• Maintain, amend and develop ordinances and regulations necessary to the implementation and enforcement of the latest editions of the California Building Code, including any and all related Codes, or other uniform safety codes, laws, or regulations as adopted or amended by the City deemed necessary by the City to protect the health safety and welfare of its citizens.
• Make determination on the approval and use of alternative materials and methods of construction.
• Process and prepare Planning Commission and City Council reports and recommendations, and assist in the presentation of appeals regarding building and safety matters. Attend City Council, Planning Commission and other meetings as directed.
• Prepare building and safety code violation cases for submittal to the City Attorney's office when prosecution action is necessary to obtain compliance with the above codes and regulations.
• Make final interpretations concerning the application of building and safety codes. 01007.0001/1030700.1
• Monitor the collection of building plan check, inspection, and permit fees and other building activity level indicators, submit monthly activity reports to the City based on this information, and notify the City of any staffing changes necessary to maintain the performance standards.
• Perform all other administrative building and safety related duties, including developing and implementing office policies and procedures and assuring that files and plans are secured, organized and kept up to date.
• Meet with developers, homeowners, business owners, architects, engineers and the general public at the City or in the field, as the need dictates, to resolve grievances and/or respond to questions and ensure timely project processing in compliance with Federal, State and City laws and ordinances. • Ensure all building related activity is entered into the City’s permit tracking system in an accurate, complete and timely manner.

Consultant shall provide to the City the technical assistance necessary to prepare the periodic updates of the uniform building and safety, and fire codes, including any local amendments, in accordance with the schedules established by the State of Califor nia, including:
• Prepare the City’s code ordinance updates, staff reports and attend City Council meetings.
• Coordinate with the Los Angeles County Fire Department and prepare the City code ordinance update regarding periodic updates to the Uniform Fire Code, including any local amendments, and ensure that the City’s building and safety codes and the changes to the Uniform Fire Codes are cross-referenced.

Within the first thirty days of the Agreement, Consultant shall assemble and review all existing City policies, ordinances and conditions pertaining to Building Division operations and document any areas of insufficient, incomplete or missing information. Based on this review, Consultant shall develop a timetable for the preparation or revision of policies, ordinances and conditions and present a report to the Community Development Director for consideration.

Building Plan Check Services:

Provide an ICC Certified Plans Examiner to be available at the Building Division Counter from 7:00 a.m. to 6:00 p.m., Monday through Thursday, except City designated holidays, to:
• Manage, coordinate and oversee the building permit and plan check, building inspection, building counter and building code enforcement processes in the absence of the Building Official.
• Perform over-the-counter plan checks.
• Answer technical questions from the public, including inquiries regarding building and safety codes and regulations.
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• Perform building plan checks.
• Assist in more difficult inspections, in addition to other duties as assigned. • Have the ability to serve as Acting or Deputy Building Official in the absence of the Building Official/Community Development Director.

Perform architectural, structural, plumbing, mechanical and electrical plan check review for buildings and structures for compliance with applicable Federal and State laws, building and safety codes, City ordinances, and acceptable engineering practices. P lans not checked by Consultant at the City’s offices may be plan checked at the Consultant’s local office.

Confirm building use, occupancy, and type of construction, and review construction of buildings and structures to determine satisfaction of safety requirements.

Review and approve building/structural revisions to plans required during construction.

Calculate building permit and plan check fees, and review permit issuance.

Coordinate building permit requirements and interface with City Departments and other agencies, including but not limited to the Public Works Department, Planning Division, the Los Angeles County Fire Department and the Environmental Health Department of t he County of Los Angeles. This also includes Building Division review, comment and provision of “conditions of approval” for site plans and building plans as part of discretionary planning applications.

Provide expedited plan check when requested by the City.

Building Inspection Services:

Provide building inspection services by fully trained/certified inspectors for all construction regulated by all applicable Federal, State and City building and safety codes/ordinances, and National Pollution Discharge and Elimination System Permit(NPDES) requirements.

Inspect buildings and structures, for which building permits have been issued, for compliance with the approved plans and applicable codes and ordinances.

Inspect for compliance with conditions of approval set forth by the City's Community Development Department, Planning Commission, and/or City Council.

Coordinate with various City and County agencies and departments, including but not limited to the Los Angeles County Fire Department, Environmental Health Department of the County of Los Angeles and other governmental agencies providing services, and/or 01007.0001/1030700.1
having jurisdiction over any aspect of a development project in order to obtain compliance with the above building and safety codes and regulations.

Enforce conditions of approval associated with discretionary permits regarding building and safety regulations, as adopted by the City.

During inspections, issue stop/correct work notices, or notices of violation when violations of the above referenced codes and regulations occur.

Provide all vehicles, fuel, maintenance and other equipment necessary for field personnel to carry out building permit inspections and duties.

Provide special inspections by qualified inspectors and conduct investigations as directed by the City, including field and office research and the preparation of letters and/or documents.

Input daily inspection information into the City’s computer permit tracking system.

Building Code Enforcement:

Provide inspection, investigation, and enforcement for violations to all the above - referenced building and safety codes and regulations, as well as other adopted City ordinances which relate to building and safety issues, such as various sections of the City’s Noise and Nuisance Abatement Ordinances.

During inspections, prepare, document and issue stop/correct work notices, or notices of violation when violations of the above-referenced codes and regulations occur.

Prepare inspection logs, notice of violations and other documents of building and safety code violation cases for submittal to the City Attorney's office when prosecution action is necessary to obtain compliance with the above codes and regulations.

Building Counter Operations:

Receive, process and issue building permits and coordinate the plan check and inspection process, including the tracking, routing and storage of building plans and the filing of building permit applications. Input information into city’s computer tracking system.

Monitor and track the status of building permit applications and plan checks for expiration and develop a process to notify applicants prior to the expiration of their building permits.

Keep daily logs of building permit and inspection activities. Submit monthly, quarterly and annual reports of Consultant’s activities to the City. The reports shall include, but not be limited to, the fees collected, the staffing levels provided, the staff hours expended, the number of permits issued, the number of inspections (by type) made, and other financial, operational, and statistical information pertinent to the Building Plan Check and Inspection services process.

Provide public information regarding building permit applications, plan check and inspection services and related matters.
01007.0001/1030700.1
Identify and collect all required fees for building permit applications and other Building Division services. Facilitate the collection of fees from other department and/or agencies that are due and payable prior to or concurrent with the issuance of a building permit.

Establish, maintain and update all forms in compliance City requirements, regulations, adopted standards, State or other laws and ordinances necessary for the operation of the Building Division, including "hand -out" sheets which explain building permit app lication processing procedures identified as being provided by the City.

All approval stamps, applications, forms and other documents used in providing Building and Safety Services to the City shall be identified with the City Seal and other identification indicating that the approval stamps, applications, and documents are fro m the City of Carson. All of the stamps, applications, forms, and other documents or supplies shall be the property of the City. (Costs for the provision of these processing tools and supplies shall be the responsibility of the City.)
Performance Standards & Monitoring:

City has established Performance Standards that are to be applied to the processing of plan checks, building permits, and general service to the public that interacts with the Community Development Department. These Performance Standards are described in subsections below. Consultant recognizes the targets established in the Performance Standards, and will adhere to these measures in the performance of its services for the City. The City reserves the right to add, amend or eliminate Performance Standards at any time during the term of this Agreement. The City may use the Performance Standards to gauge the effectiveness of Consultant's service to the City. At the City’s request, the Consultant shall be responsible for providing monitoring information which sh ows that personnel providing services to the City are achieving the Performance Standards.

Consultant shall provide services which meet the following maximum expected turn - around-times for plan check and inspection services. In practice, Consultant shall provide these services with the fastest turn -around-time feasible. Additionally, the followi ng Performance Standards shall be used as a guide to determine staff levels. • Plan Check - The initial check for building plans for new large scale high density multi-family and mixed-use projects shall be completed within twenty (20) working days or less from the date of plan submittal. The initial check of building plans for new commercial, industrial and residential buildings shall be completed within ten (10) working days or less from the date of plan submittal.

The initial check of building plans for commercial, industrial and residential remodels, renovations and additions shall be completed within five (5) working days or less from plan submittal.
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All rechecks of building plans shall be completed within five (5) working days or less from resubmittal.

Plan Check review for routine and simple structures and items shall be completed over-the-building counter. Routine and simple structures and items include, but are limited to; reroofs; patio covers; and fences/walls.
• Inspection – All building inspections requested by 4:00p.m. on a working day shall be conducted on the next working day with an a.m./p.m. commitment and a two (2) hour window.

As special circumstances may dictate, after hour or weekend inspections will be conducted.

At all times, building inspectors shall conduct themselves in a courteous and professional manner and utilize the phone to help coordinate and narrow inspection times with applicants.
• Counter - Provide service and support for the building counter a minimum of eight (8) hours per working day. The building counter shall be open to the public and sufficiently staffed from the hours of 7:00 a.m.to 6:00p.m., Monday through Thursday, excluding City holidays. Counter hours may be subject to reasonable change by the City, including but not limited to, the hours of 7:00 a.m. to 6:00 p.m., with the potential for staggered work hours to cover the additional time.

Keep written information regarding building permit application, plan check and inspection process updates.

Answer the building counter phone when not with a customer at the counter and return telephone calls within two hours. Respond to all email inquiries within one working day.

On an as needed basis, assist the City in providing or updating any Building Division information on the City’s website.

Engineering Tentative Map and Final Map Review:

See Exhibit “A-1”; Exhibit “A-1-A”; Exhibit “A-1-B”; Exhibit “A-1-C”; and Exhibit “A- 1-D” all of which are attached hereto and incorporated herein by this reference.

Public Records Act Requests:

Consultant will provide prompt and immediate assistance and cooperation in response to City’s receipt of Public Records Act requests involving documents in the possession of Consultant.

Digitizing County Records:

Consultant will assist the City in digitizing County records. 01007.0001/1030700.1
Energov:

Consultant will assist City with the set-up of EP&L (Energov).

II. In addition to the requirements of Section 6.2 and pursuant to the Task Order’s project-specific Scope of Services, the Contract Officer may require the Consultant to provide the following deliverables, as applicable:

A. As requested by the Contract Officer.

III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

IV. Consultant will utilize qualified personnel with the following titles to perform the Services required by the applicable Task Order. Consultant shall obtain the Contract Officer’s advanced written approval when replacing any individual assigned to perform services on Task Orders:

A. Ayla Jefferson, CBO, Principal Building Official
B. Dennis Tarango, CBO, CSP, Principal Building Official C. Cem Ayan, P.E., ICC, Certified Plans Examiner, Deputy Building Official D. Melissa Demirci, Contract Principal
E. Jeffrey Kao, PE, CBO, CASp, Plans Examiner and Inspector F. Jason Robins, CBO, CSP, Deputy Building Official
G. Jonathan Tarango, Building Division Supervisor
H. John Tufan, Building Division Supervisor
I. Julie Robbins, Building Division Supervisor

ENGINEERING TENTATIVE MAP AND FINAL MAP REVIEW

SCOPE OF WORK
Overview
The Scope of Work includes provision of complete start to finish ENGINEERING TENTATIVE MAP AND FINAL MAP REVIEW (“Map Review”) services. The services shall include all aspects of map processing from reviewing tentative maps and associated studies, providing comments to applicants, writing conditions of approval, obtaining clearance from other agencies, plan checking the final map and all associated improvement plans and studies on behalf of the Engineering Division of the Public Works Department. The following provides examples of duties:

Scope of Work

1. Review and process for technical correctness and completeness, consistency with the City guidelines and requirements, compliance with the Subdivision Map Act , provide comments corrections and instruction for future submittals , and finalize for approval the technical studies including but not limited to the following:
a. Hydrology Studies
b. LID plan as part of Hydrology Studies
c. Geotechnical Studies (including DTSC clearances)
d. Sewer Area Studies
e. Environmental Studies
f. Traffic Studies

2. Review and process for technical correctness and completeness, consistency with the City guidelines and requirements, compliance with the Subdivision Map Act , provide comments corrections and instruction for future submittals, and finalize for approval the following plans and documents:
a. Tentative Maps including condominium Exhibit Maps
b. Final Maps including recordation with the County Recorder c. Grading Plans
d. On-site Improvement Plans
e. Title Report and easement documents
f. CC&Rs
On Call Services
Additional on call services maybe assigned by City staff on an as-needed basis.

Streamlining Process
The City is interested in streamlining the development review process including the map review process. The consultant will meet and discuss with City staff to enhance and/or establish a EXHIBIT A-1
customer friendly process that clearly identifies review responsibilities for the different steps involved in the map review process. Attached check lists labeled as Exhibit “A”, “B”, “C”, and “D” from Los Angeles County have been included as a reference to aide in this process.

COUNTY OF LOS ANGELES,

DEPARTMENT OF PUBLIC WORKS,

LAND DEVELOPMENT DIVISION,

SUBDIVISION MAPPING SECTION
(626) 458-4915
(626) 458-4949 FAX
CORRECTION LIST FOR PARCEL MAP NO._________
(CIRCLE ONE) 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH 9TH 10TH SUBMITTAL SURVEYOR/ENGINEER:_________________________________
ASSIGNED MAP CHECKER:______________________________
SUPERVISING MAP CHECKER:___________________________
REVIEW COMPLETED:__________________________________

1. Payment of the following Recorder‟s Fees are require d (reference the current fee schedule):
a. Map filing - $10.00 for first sheet, plus $3.00 for each additional sheet. b. Document Recording (Separate easement dedication, etc.) - $9.00 for first page, plus $3.00 each additional page (a double-sided document is two pages).

2. Payment of the following fees are required (reference the current fee schedule):
a. Map Analysis $_____________ e. Verification of Conditions $______________ b. Map An alysis ____Chk $_____________ f. Tax Clearance $______________ c. Easement Checking $_____________ g. Tax Bond/Security $______________ d. M onument Checking $_____________ h. Other (monument bond, etc.) $______________

LEGEND: CC = County Code; SMA = Subdivision Map Act;
PLS Act = Professional Land Surveyors Act; BR = Board Rules.

This parcel map has been checked and the necessary corrections, additions, and instructions are circled below. The attached check print(s) and Correction List must be returned with the tracing when submitting a recheck. Please address every correction note and comment on the attached check print(s). If you make additional change s that were not requested, please inform the map checker. If you have a question, please speak to or correspond with the map checker or his/her supervisor. Make all corrections or additions as noted on the attached check print(s) before resubmitting for another check. Only complete, formal submittals will be accepted and reviewed.

3. Submit the original tracings to this office for final review after completion of all reviews and when instructed (SMA 66434(a))

4. Trim the mylar(s) to 18″ by 26″ overall with a blank 1″ margin on all sides. The mylar(s) will be measured (SMA 66434(b)).

5. Ink must be black (no grayscale), opaque, and permanent in nature. All required certificates should be stamped or printed with black, opaque, and permanent ink. Execute signatures with extra-fine point black marker or 1.0 mm, black, gel-roller ball pen (NO BALL POINT PENS). All printed information must be on the front side of the mylar.

6. The minimum size of all text must be 0.10″, Arial 10.5 point, or similar; do no overlap or obscure text; use only black, solid lettering; no shadow text; no ghost text; no block outline text.

7. Draft the map at a scale that clearly shows all delineated line work, labels, dimensioning, and text. The map must be clearly readable for referencing and retracement in perpetuity by all professionals after recordation and digital archiving by the County.

8. Show/correct/change map scale and/or detail scale (CC 21.44 Part 2). Use engineering scale measurements, not architectural.

9. Show/reposition north arrow with proper angular orientation to the drawing (CC 21.44.140).

10. Correct all spelling/grammar errors and activate the “Spell-Check” tool on your CAD application.

11. Show Sheet _________ of _________ Sheet(s) beginning with the title sheet first (CC 21.44 Part 2).

12. Provide a 3″ across by 4″ down rectangular space for the Recorder in the upper right corner of Sheet 1.

13. Show title on all sheets. PARCEL MAP NO.___ IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA; or PARCEL MAP NO. ___ IN THE CITY OF ___, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA (CC 21.44 Part 2).

14. Show/correct the subtitle (legal description) on the map and/or on the preliminary subdivision report/guarantee.

15. Use only formal language/verbiage throughout the title sheets. Spell-out all words; no abbreviations except in legal names/titles .

16. Reference street vacation(s) in the subtitle.

17. Reference off-site easement dedication(s) in the subtitle.

18. Show purpose on each sheet below the title or subtitle: “FOR CONDOMINIUM PURPOSES”, “FOR CONDOMINIUM CONVERSION PURPOSES", "DIVISION OF LAND FOR PURPOSES OF LEASE ONLY”, or “FOR RESIDENTIAL PLANNED UNIT DEVELOPMENT”.

19. Show/correct distinctive border on the front side of the mylar inside the boundary of new lots and streets being created. Show distinctive border on details and throughout the map sheets. Do not obliterate or obscure any figures, lines, or text. Use solid, bold line style with equidistant, solid circles inside the subdivision and tangent to the border.

20. Show/correct distinctive border legend on the bottom of the title sheet or on the top of every mapping sheet.

21. Lot and/or unit numbering designation is/are in error (CC 21.44 Part 2).

22. Show/correct recorded conveyance deed references and recorded map references for exterior boundaries of the parcel map except where an exterior boundary abuts a dedicated public street . Certificates of Compliance do not convey fee title interests.

23. Provide a copy of the dedication document as noted (See # 31 below) where the exterior boundary abuts dedicated public street,.

24. Label "NOT A PART OF THIS SUBDIVISION" where noted on the check print.

25. Show the location of the one remainder area within the subdivision that will not be subdivided and label it as “Remainder Parcel”.

26. If units are filed, submit a key map indicating all of the units and the order of filing.

27. Show references to adjoining sheets and compare duplicated information on adjoining sheet (CC 21.44 Part 2).

28. Submit a copy of the signed and approved tentative map conditions and copies of other signed and approved official documents showing the date of tentative map approval. Tentative map expires _________________ _____________.

29. Request an extension of time from the Planning Department prior to expiration of tentative map approval.

30. Map does not conform to tentative map and conditions of approval. See condition number(s) ____________________________.

31. Submit COMPLETE, FULL-SIZE, LEGIBLE copies of all deeds, field book pages, and other documents/information references shown on the map and needed to interpret all references on the map. The recorded/filed/indexed numbers (book and page) must be clearly EXHIBIT A-1-A
visible. Copies of Corner Records must include both pages; reductions , partial copies, and illegible text are not acceptable.

32. Show/correct/state method of establishment of all public street centerlines, boundary lines, lot lines, easement lines, and/or corners on the map. Cite references of recorded/filed evidence where noted and comply with # 31 above.

33. Submit sketch/drawing and traverse calculations of establishment method of easement(s) originating outside the boundary.

34. Submit sketch/drawing, traverse calculations, dimensioning, and point # locations clearly indicating proportionate measuremen t methods, references, and calculations.

35. Correctly label archived locations of every field book reference: CITY ENG. F.B.; CITY ENG. T.B. (Tie book); COUNTY ENG. F.B; L.A.

CO. P.W.F.B.; L.A. CO. R.D.F.B.; L.A.C.F.C.D. F.C.; L.A. CO. C.S.F.B.

36. Comply with all State law provisions when using/referencing the California Coordinate System.

37. Show/correct basis of bearing note. Place under the Surveyor‟s/Engineer‟s Statement.

38. Comply with the monument requirements of the County Engineer and CC Chapter 21.20 for all monuments.

39. Label all found monuments with recorded/filed references or state “NO REFERENCE”. For every monument, cite the LS#, RCE#, or agency name on the tag/washer or cite “NO WASHER”, “NO TAG”, and/or “NO #”. A “NO REFERENCE” monument is not acceptable without supporting record evidence proving its position. Every unmarked boundary corner monument and unmarked centerline tie monument of acceptable durability must be marked OR durable, marked monuments must be set at offsets. Unmarked centerline monuments may require marking and will require 4 durable marked ties. In cities, coordinate the filing of tie notes with the city engineer.

In unincorporated areas, file Corner Records with the County Surveyor through this division.

40. Describe, clearly and thoroughly, the details of every monument found or set. Every iron pipe, found or set, must cite the depth/height above/below surrounding grade. Points falling on maintenance holes (manholes) shall describe the type of maintenance hole such as SSMH for sanitary sewer maintenance hole or SDMH for storm drain maintenance hole.

41. Every monument set at an offset to perpetuate a record point or found at an offset from the record point must have clearly la beled bearings and distances along each tie line from the record point to the offset monument; dimension perpendicular offsets from boundary lines or prolongations of boundary lines (Reference the County Surveyor‟s Monument Requirements).

42. All monuments must be set, inspected, and approved before submittal for legislative body approval. Boundary corner monuments and centerline monuments on dedicated/offered interior streets may be deferred after verified compliance with CC 21.20.060.

43. Request a monument inspection by signed letter from the map‟s surveyor to this office addressed to the County Engineer and stating that all monuments are set, ready for inspection, and comply with CC & SMA; include Corner Records and/or city tie notes.

44. Label all monuments approved for deferral as “TO BE SET”; modify the Surveyor's/Engineer's Statement accordingly.

45. Submit a copy of the posted monument bond receipt from the city for all approved, deferred monument settings .

46. Show/correct the record data note; use formal language/verbiage; no abbreviations.

47. Show/correct the record owner‟s note; use formal language/verbiage ; no abbreviations. Dedications require an Owner‟s Statement.

48. Show/correct the Subdivider‟s Statement. Dedications require an Owner‟s Statement.

49. (County) Comply with SMA 66448 and the monument durability and perpetuation requirements of CC Chapter 21.20.All boundary corner monuments must be found marked and durable with a reference. All abutting public street centerlines and all public street centerlines used to establish the boundary must be established from found, durable, and marked centerline monuments per a recorded/filed reference with four supporting marked, durable tie monuments per a filed reference. Per CC 21.44.130(B), the County Engineer may require that a field survey be performed to establish the boundary.

50. (City) Comply with SMA 66448 and CC Chapter 21.20 for record data (compiled) parcel maps. Per CC 21.44.130(B), the County Engineer may require that a field survey be performed to establish the boundary; monument setting requires a field survey.

51. Show/correct adjoining streets and/or street widths and/or street names. Clearly show transitioning by duplicating data/labels/line work.

52. Show/correct bearings and distances on all lines; use leader lines and leader arrow s where necessary.

53. Show/correct curve data for every street centerline, street sideline, and property line corner returns. Label the radial line bearings where noted. Label the radial line bearings at each delineated termini along non-tangent curves.

54. Show/correct parcel areas (both net and gross when appropriate) to the nearest square foot or 0.01 acre when over 3 acres.

55. Lot areas do not meet present zoning. Contact the Planning Department.

56. Show/correct/enclose detail. Details are required where dimension ing is not clearly visible at the sheet‟s scale. Enclose the detail, labels, and dimensioning in a bold, dashed, enclosure line style ( ).

57. Delineate/label/tie-in all city boundaries adjoining or crossing the map‟s boundary. Verify any proposed annexations prior to filing.

58. Submit traverse closure calculations clearly showing/labeling the POB and location of each traverse, the sequence of courses, the bearing and length to close, the precision ratio, the length of the traverse, the error in latitude, the error in departure, and the angular error. Show lengths to the nearest 1/100 of a foot (0.01 ′) and bearings to the nearest second of angle (0° 00′ 00″).

59. The following traverses do not close within allowable limits of error (see map for specific area(s)). Submit revised traverse closures for the following:
a. Distinctive border c. Block loops e. Lot(s) revised lot(s)________________ . b. Centerline loops d. Not a part areas f. Any of the above reflecting revised data

60. Verify centerline to sideline width and centerline to centerline width where noted on check print. Always use leader lines where dimensioned width crosses any line.

61. The sum of parts does not equal the total where noted on check print.

62. Show/correct the Surveyor‟s/Engineer‟s Statement; LS/RCE signature must be dated: affixed seal must be legible, 1.5″ to 2.0″ diameter, and show the licensee‟s expiration date. Provide sufficient space to easily affix the seal with no overlap of data.

63. Submit a letter from ______________________
______releasing this parcel map to____________________________________.

64. Complete/correct the title sheet as to Owner's Statement, dedications, offers, restrictions, etc. Clearly delineate, dimension, and label all dedications on the map sheets.

65. Verify that dedications, grants, and/or offers to dedicate easements/rights to the County or to the City as cited in the Owner's Statement are accepted or rejected in the appropriate certificate executed by the Asst. Deputy Director/Deputy County Engineer (County Maps), executed by t he City Clerk (City Maps) , or executed by the City Engineer (City Maps) in certain cites. Every easement or right offered/dedicated in the Owner‟s Statement must be delineated, labeled, and tied-out every map sheet(s) and accepted/rejected using the same easement nature described in the Owner‟s Statement.

66. (County Maps Only) Verify grants, dedications, and/or offers to dedicate easements to the L.A.C.F.C.D., County Sanitation District, and Waterworks District are accepted or rejected in a certificate executed by an Assistant Deputy Director/Deputy Executive Officer.

67. Show (future) slope easement and appropriate ties on the map sheet. Dedicate (future) slope easement in the Owner's Statement.

68. The title sheet does not agree with the preliminary subdivision guarantee dated ____________________________ with respect to owners/trustees/beneficiaries/easement holders/interest holders. Need authority for the signatures of __________ ___________.

69. Show/correct signature omissions. State verbatim from the recorded easement document the purpose/nature of every easement cited in the signature omissions and on the map sheet. Verify „indeterminate‟ or „blanket in nature‟ designations . Have the preliminary subdivision report/guarantee revised accordingly.

70. (County maps) Submit all public utility/public entity letters for every applicable signature omission to this office and addressed to the Board of Supervisors or submit the signed statement that State law has been met with respect to public utility/public entity signature omissions. (City maps) Submit all public utility/public entity letters for every applicable signature omission to the City Engineer‟s office addressed to the City Council or submit a signed statement that State law has been met with respect to public utility/public entity signature omissions.

71. Show/correct/label every easement affecting the parcels and show ties to parcel lines. If easements are verified as blanket in nature, indeterminate, or within an area being dedicated for public street, so state in the signature omission note.

72. Submit a preliminary subdivision guarantee dated within the last 90 days.

73. Submit a revised preliminary subdivision guarantee.

74. Complete/correct the title sheet with respect to signatures, seals, acknowledgments, and spelling.

75. Dedicate building restriction rights over the restricted use area(s) in the Owner's Statement.

76. Show/correct flood hazard note and/or geological hazard note on each sheet of the map showing each hazard. Label a summary note on the title sheet with ¼″ boldface lettering. Dedicate building restriction rights over the hazard areas in the Owner's Statement.

77. Show/correct/label natural drainage course(s), flood hazard area(s), geological hazard area(s), and/or the accompanying note(s).

78. Show/correct street alternate section note on each sheet of map.

79. Show/correct condominium note indicating that common areas/parcels will provide access and utility easements.

80. Show/correct residential planned unit development notes.

81. Show/correct Certificates. (City Engineer‟s, City Clerk‟s, Special Assessment‟s, County Engineer‟s, Tax Certificates (2), etc.)

82. Provide 2¼” dia. space to affix County Seal next to the tax certificates and for any required City Seals next to the City Clerk‟s Certificate.

83. Contact the following Departments, Divisions, or Sections marked below for clearances and clearance requirements. Submit necessary improvement plans, improvement security agreements, and/or other documents:

Road Section, LDD, LACDPW
Department of Regional Planning
Department of Parks and Rec.

Department of Health Services
Department of Fire
Drainage Section, LDD, LACDPW
Sewer Section, LDD, LACDPW
Water Section, LDD, LACDPW
Geology Section, GMED, LACDPW
Grading Section, LDD, LACDPW
Street Names, MPM, LACDPW
Building and Safety, BSD, LACDPW

84. Submit a confirmation letter from City Engineer verifying compliance with all conditions of tentative map approval.

85. Tax clearance is outstanding.

86. Submit bond estimate declaration signed by all owners of record.

87. Post the tax bond or other security, for $___________________________.

88. Submit _____ prints of the revised map. (Check, File, Monument Inspection, Tax, Road, Planning, Parks & Rec, Health, Fire, Drainage, Sewer, Water, Geology, Grading, Street Names, Building & Safety, and other.)

89. Comply with the Los Angeles County Condominium Conversion Ordinance requirements.

90. Submit a notarized affidavit, signed by all owners of record at the time of filing the map with the Registrar-Recorder/County Cle rk‟s Office, stating that the proposed condominium building has not been constructed or that the building has not been, and will not be, occupied or rented until after the filing of the map with the Registrar-Recorder/County Clerk‟s Office.

91. Send a copy of the latest version of the final map to your title company and/or to the City Engineer for review.

PARCEL MAP CORRECTION CHECKLIST FORM_REVISED 1-20-2009.doc Revised: January 20, 2009

Page 1 of 4 ends

Carson City CouncilJanuary 21, 2025

Carson City Council
January 21, 2025