CITY OF INDUSTRY
MEMORANDUM
TO: Honorable Mayor Moss and Members of the City Council FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Engineering Manager
DATE: October 24, 2024
SUBJECT: Consideration of Amendment No. 1 to the Professional Services Agreement with C & C Engineering, Inc., for engineering services, revising the rate schedule
Background:
C & C Engineering, Inc. ("CNC") has provided engineering services to the City for over 40 years. They have served in various capacities, assisting with engineering projects for the City's agencies, commissions, and boards. CNC has a long-standing working relationship with the City and has proven to be instrumental in many of the projects that have been completed over the years. The City entered into the most recent contract with CNC in 2021 and is attached as Exhibit B.
Discussion:
CNC provides engineering services for various projects throughout the City. Amendment No. 1 submitted by CNC updates the rate schedule by updating titles and billing rates.
CNC has added various new titles to the rate schedule and increased the rate on a few existing titles. Many of the rates stayed the same. Under the current contract the rates were due to be adjusted by the Consumer Price Index (“CPI”) January 1, 2025. However, if approved, the attached rates won’t be subject to a CPI increase until January 1, 2026.
The following titles are new titles and positions:
• Associate Principal/Vice President, Sr. Principal Engineer, Principal Engineer, Associate Principal Engineer, Sr. Director of Engineering/Sr. Director of Operations, Sr. Associate Engineer/Sr. Program Manager, Associate Engineer/Program Manager, Technical Engineer/Designer Lead, Associate Engineer, Engineering Technician, CADD Manager, Sr. CADD Designer, CADD Designer, Sr. CADD Technician, Staff Professional, Sr. Project Administrator, Project Administrator, Sr. Administrative Director, Administrative Director, Sr.
Administrative Manager, Administrative Manager, Administrative Specialist II, Administrative Specialist I, Administrative Technician II, Administrative Technician I, Plan Check Manager, Sr. Director of Construction Management, Director of Construction Management, Sr. Construction Inspector II, Sr. Construction Inspector I, Construction Inspector II, Construction Inspector I, Construction Inspector Trainee, Sr, Director of Field Operations, Driver/Deliveries, Sr. GIS Director, GIS Director, Sr. GIS Technician, Contract Electric Utility Director, Contract Assistant Electric Utility Director, Principal Electrical Engineer, Sr.
Electrical Engineer II, Sr. Electrical Engineer I, Associate Electrical Engineer, Sr.
Electrical Inspector II, Sr. Electrical Inspector I, Electrical Inspector II, Electrical Inspector I, Electrical Inspector Trainee.
The following rates had increases comparable to the CPI or were adjusted to match the market rates:
• Principal In-Charge, Director of Engineering/Director of Operations, Sr. Project Manager/Civil Engineering, Project Manager/Civil Engineering, Sr. Project Engineer/Designer, Project Engineer/Designer, Sr. Design Engineer, Design Engineer, Director of Survey, Survey Manager, Land Surveyor, Survey Technician One Man Crew, Contract City/Agency Engineer, Contract Deputy City/Agency Engineer, Plan Check Associate, Construction Manager, Field Operations Project Manager, Electrical Operations Manager, Sr. Electrical Inspector II, Electrical Inspector I
The following titles had had minor tweaks but saw no increase. This means that the billing rate will remain the same for at least 2 years.
• CADD Technician, Intern, Two Person Crew, Three Person Crew, Plan Check Engineer, Permit Coordinator, Sr, Construction Manager/Sr. Construction Coordinator, Director of Field Operations, Sr. Field Operations, Field Operations, Field Operations Assistant, Sr. GIS Manager, GIS Manager, Sr. GIS Analyst, GIS Analyst, GIS Technician.
Fiscal Impact:
Annual expenditures for the proposed Agreement will vary depending on work assigned and performed. Increases vary by position.
As a point of reference, here are the past four fiscal years expenditures for CNC's services related to the CIty, Metrolink and Capital Improvements Projects (those are the three main areas of expenditures for CNC"s area of work):
Fiscal Year 20/21 - $8,595,159.53
Fiscal Year 21/22 - $8,485,993.22
Fiscal Year 22/23 - $8,189,906.56
Fiscal Year 23/24 - $8,993,983.77
These funds were General Fund and Prop A funds.
Recommendations:
Staff recommends that the City Council approve Amendment No. 1 to the Agreement with CNC.
Exhibit:
A. Amendment No. 1, dated October 24, 2024
B. Professional Services Agreement with C&C Engineering, dated March 22, 2021 :as
EXHIBIT A
Amendment No. 1, dated October 24, 2024
[Attachment]
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT WITH
C&C ENGINEERING, INC, A CALIFORNIA CORPORATION
This Amendment No. 1 to the Professional Services Agreement (“Agreement”) is made and entered into this 24th day of October 2024, (“Effective Date”) by and between the City of Industry (“City”), a municipal corporation, and C&C Engineering, Inc., a California Corporation, (“Consultant”). City and Consultant are hereinafter collectively referred to as the “Parties.”
RECITALS
WHEREAS, on or about March 22, 2021, the City Council approved a Professional Services Agreement (“Agreement”) with Consultant to provide engineering services and independent reviews of other consultant’s designs, as set forth in Exhibit A of the Agreement; and
WHEREAS, the current billing rates and job titles don’t reflect the diversity of services that the Consultant has been asked to provide, therefore it is necessary to add new job titles, add new rates for those positions, an adjust certain rates; and WHEREAS, the proposed billing rates and titles allow for a larger spectrum of billing rates to represent various levels of skills and knowledge as well as keep up with the market rates for these services; and
WHEREAS, for the reason set forth herein, the City and Consultant desire to enter into this Amendment No. 1, as set forth below.
AMENDMENT
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed the aforesaid Agreement, a copy of which is attached hereto as Exhibit B, and incorporated herein by reference, shall remain in full force and effect except as otherwise hereinafter provided:
Exhibit B, Rate Schedule
The Rate Schedule is hereby rescinded in its entirety and replaced with the rates set forth in Attachment 1, attached hereto, and incorporated herein by reference.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 to the Agreement as of the Effective Date.
(Signatures on the following page.)
“CITY” “CONSULTANT”
City of Industry C&C ENGINEERING, INC., A
CALIFORNIA CORPORATION
By: ________________________________ By: _______________________________ Joshua Nelson, City Manager Clement N. Calvillo, Director Attest:
By: _________________________________
Julie Gutierrez-Robles, City Clerk, CMC
APPROVED AS TO FORM
By: ________________________________
James M. Casso, City Attorney
Attachment 1
C&C Engineering Rate Schedule by Category
[Attachment]
Principal-in-Charge $330.00 Contract City/Agency Engineer $330.00 Associate Principal/Vice President $320.00 Contract Deputy City/Agency Engineer $320.00 Sr. Principal Engineer $310.00 Plan Check Manager $215.00 Principal Engineer $305.00 Plan Check Engineer $205.00
Associate Principal Engineer $300.00 Plan Check Associate $190.00 Sr. Director of Engineering/Sr. Director of Operations $295.00 Permit Coordinator $180.00 Director of Engineering/Director of Operations $285.00 Sr. Director of Construction Management $295.00 Sr. Associate Engineer/Sr. Program Manager $255.00 Director of Construction Management $285.00 Associate Engineer/Program Manager $245.00 Sr. Construction Manager/Sr. Construction Coordinator $235.00 Sr. Project Manager/Sr. Civil Engineer $230.00 Construction Manager/Construction Coordinator $205.00 Project Manager/Civil Engineer $205.00 Sr. Construction Inspector II $210.00 Technical Engineer/Designer Lead $195.00 Sr. Construction Inspector I $190.00 Sr. Project Engineer/Designer $185.00 Construction Inspector II $170.00 Project Engineer/Designer $175.00 Construction Inspector I $160.00 Sr. Design Engineer $165.00 Construction Inspector Trainee $120.00 Design Engineer $155.00 Sr. Director of Field Operations $240.00 Assistant Engineer $130.00 Director of Field Operations $235.00 Engineering Technician $120.00 Field Operations Project Manager $200.00 CADD Manager $170.00 Sr. Field Operations $185.00
Sr. CADD Designer $150.00 Field Operations $165.00
CADD Designer $140.00 Field Operations Assistant $145.00 Sr. CADD Technician $135.00 Driver/Deliveries $100.00
CADD Technician $130.00
Staff Professional $170.00
Sr. Project Administrator $165.00 Sr. GIS Director $230.00 Project Administrator $160.00 GIS Director $220.00
Sr. Administrative Director $155.00 Sr. GIS Manager $215.00 Administrative Director $150.00 GIS Manager $195.00
Sr. Administrative Manager $145.00 Sr. GIS Analyst $180.00 Administrative Manager $140.00 GIS Analyst $160.00
Administrative Specialist II $130.00 Sr. GIS Technician $145.00 Administrative Specialist I $125.00 GIS Technician $130.00 Administrative Technician II $115.00
Administrative Technician I $110.00
Administrative Assistant $100.00 Contract Electric Utility Director $300.00 Intern $95.00 Contract Assistant Electric Utility Director $290.00 Electric Operations Manager $280.00
Electrical Engineering Manager/Sr. Principal Electrical Engineer $265.00 Sr. Director of Survey $295.00 Principal Electrical Engineer $250.00 Director of Survey $285.00 Sr. Electrical Engineer II $220.00 Sr. Survey Manager $230.00 Sr. Electrical Engineer I $200.00 Survey Manager $205.00 Electrical Engineer II $185.00
Sr. Land Surveyor $195.00 Electrical Engineer I $175.00 Land Surveyor $185.00 Associate Electrical Engineer $155.00 Sr. Project Surveyor $175.00 Sr. Electrical Inspector II $215.00 Project Surveyor $165.00 Sr. Electrical Inspector I $200.00 Sr. Survey Technician $155.00 Electrical Inspector II $180.00 Survey Technician $130.00 Electrical Inspector I $170.00 One Person Crew $190.00 Electrical Inspector Trainee $120.00 Two Person Crew $300.00
Three Person Crew $375.00
Land Survey Services
The above-mentioned rates shall be adjusted at the beginning January 1, 2026, and annually thereafter, pursuant to the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics as of December of the prior calendar year for the Los Angeles-Long Beach-Anaheim Metropolitan Statistical Area average, all items, not seasonally adjusted, rounded up to the nearest five dollars ($5.00) per hour, however, such adjustment shall be no less than 2.5% per year.
Rate Schedule
Civil Engineering/Administrative Services Municipal/Construction Management/Field Services GIS Services
Electric Utility Services
EXHIBIT B
Professional Services Agreement with C&C Engineering, dated March 22, 2021 [Attachment]
t rc c: e: ' Y:
ity Gnuncil
CITY OF INDUSTRY "
s:( 14 : {;) EeS
PROF SSIONAL SERVIGES AGREEMENT ; t ter
This PROFESSIONAI SERVICES AGREEMENT (" AgreemenY'), is made and effective as of March 22, 2021 (" Eifiective Date"), between the City of Industry, a municipal corporation (" City") and C& C Engineering, Inc., a California corporation (" Consultant").
The City and Consultant are hereinafter collectively referred to as the " Parties".
RECITALS
WHEREAS, City desires to engage Consultant to perform the services described herein, and Consultant desires to perform such services in accordance with the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
a) Consultant shall perform the tasks (" Services") described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. (" Scope of Services"). Tasks other than those specifically described in the Scope of Services shall not be perFormed without prior written approval of the City. The Services shall be performed by Consultant, unless prior written approval is first obtained from the City. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit A, the terms of this Agreement shall prevail.
b) City shall have the right to request, in writing, changes to the Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
c) Consultant shall perform all Services in a manner reasonably satisfactory to the City and in a first-class manner in conformance with the standards of quality normally observed by an entity providing engineering services, serving a municipal agency.
d) Consultant shall comply with all applicable federal, state, and local laws, regulations and ordinances in the performance of this Agreement, including but not limited to, the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act ( Government Code Section 81000 et seq.). During the term of this
Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working on the Effective Date if both ( i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute or law; and ( ii) City has not consented in writing to ConsultanYs perfiormance of sucn work. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve ( 12) months, an employee, agent, appointee, or official of the Gity. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve ( 12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that if this Agreement is made in violation of Government Code § 1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services perFormed pursuant to this Agreement, and Consuitant will be required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. e) Consultant represents that it has, or will secure at its own expense, alI licensed personnel required to perform the Services. All Services shali be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified and licensed to perForm such services.
3. MAPIAGEMENT
City's City Manager(Agency and IPUC Executive Director shall represent the City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but shall have no authority to modify the Services or the compensation due to Consuitant. Consultant shall provide a Contract Deputy City Engineer.
4. PAYMENT
a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B(" Rate Schedule"), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks.
b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City' s written authorization is given to Consultant for tne performance of said services.
c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty
30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of ConsultanYs fees it shall give written notice to Consultant within thirty ( 30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore.
5. LABOR CODE AND PREVAILING WAGES
a) Consultant represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (" Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on Public Works" and " Maintenance' projects. If the Services are being performed as part of an applicabie " Public Works" or " Maintenance" project, as defined by the Prevailing Wage aws, and if the total compensation is $ 15, 000.00 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consuitant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, c assification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant' s principal place of business and any location where the Services are performed. Consultant shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees and agents, from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Consultanfs or by any individual or agency for which Consultant is Iegally liable, including but not limited to officers, agents, employees or subcontractors of Consultant, failure or alleged failure to comply with Prevailing Wage Laws.
p) In accordance with the requirements of Labor Code Section 1776, Consultant shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Consultant shall make all such records available for inspection at all reasonable hours.
c) To the extent applicable, Consuitant shail comply with the provisions of Section 1777. 5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.
d) Consultant shall comply with the legal days' work and overtime requirements of Sections 1813 and 1815 of the Labor Code. e) If the Services are being performed as part of an applicable Public works or Maintenance project, then pursuant to Labor Code Sections 1725. 5 and 1771. 1, the Consultant and all subconsultants perForming such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the Agreement and require the same of any subconsultants, as applicable. This Services set forth in this Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be ConsultanYs sole responsibility to comply with all applicable registration and labor compliance requirements.
6. SUSPENSION OR TERMINATION OF AGREEMENT
a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion nereof, by serving upon the Consultant at least one hundred twenty ( 120) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Notwithstanding the foregoing, City shall pay Consultant for work related to the transition of the Services, in accordance with the Rate Schedule. Upon termination of the Agreement pursuant to this Section, the Consultant shall submit an invoice to the City pursuant to Section 5 of this Agreement. 7, OWNERSHIP OF DOCUMENTS
a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to review such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three ( 3) years after receipt of final payment.
b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computerfiles, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement snall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the ConsultanYs office, and upon reasonable written request by the City, the neces
co inmpand/ o pnting
n
ompu{
arf11eor
purposes of accessing, compiling, transferring, py J
Consultant hereby grants to City all right, title, and interest, including any copyright, in and to tne documents, designs, drawings, maps, modeis, computer files, surveys, notes, and other
documents prepared by Consultant in the course of providing the services under this performance of the Serv es puesua tto this Ag eementeshai l be a eman the poperty of
the City.
8, INDEMNIFICATION
a) Indemnity for professional liability
When the law establishes a professional standard of care for Consultant' s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or Subconsultants (or any agency or individual that Consultant shall bear the legai liabiliry thereofl in the performance of professional services under this Agreement.
b) Indemnity for other than professional liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, o cials and agents from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, inciuding legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency forwhich Consultant is legally liable, including but not limited to o cers, agents, employees or subcontractors of Consultant.
c) DUTY TO DEFEND. In the event the City, its ofFicers, employees, agents and/ or volunteers are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall have an immediate duty to defend the City at reasonable attorney' s feelsandpcosts incur edin thehdefe tnse oftsuch including
Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence of the City or its o cers, employees, or agents, Consultant will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating the City as solely negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney' s fees, expert fees and costs of litigation.
g, INS____ URAN E
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by reference.
10. INDEPENDENT CONSULTANT
a) Consultant is and shall at alI times remain as to the City a wholly independent consultant and/or independent contractor. The personnel perForming the services under this Agreement on behalf of Consultant shall at all times be under Consultants exclusive direction and control. Neither City nor any of its o cers, employees, or agents shall have control over the conduct of Consultant or any of Consultant' s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner o cers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner. b) No employee benefits shall be available to Consultant in connection with the perFormance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
c) Consultant shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees and agents, from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, Iosses, expenses or costs of any kind, whether actual, alleged or threatened, including contributions to any retirement and/ or pension plan, legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, ConsultanYs or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant, service as an independent contractor. The provisions of this Section 10 are effective as of January 1, 2020. The indemnity provisions set forth in this Section 10 shall survive the termination of this Agreement, and are in addition to any other rights or remedies tne City may have under the law.
11. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its o cers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
2. UNDUE WFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectiy, from Consuitant, or from any o cer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be of this Ag reement entiti ng the City o anty and al'I
remedieat la'w
orhnlequi{
breach
13. NO t tNtri i i v r+R a ,., ...., ._ _
No member, officer, or employee of City, or their designees or agents, and no public o cial who exercises authority over or responsibilities with respectto the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.
14. RELEASE OF INFORMATIONICONFLICTS OF WTEREST
a) All information gained by Consultant in perfiormance of this Agreement shall be considered confidential and shall not be released by Consultant without City' s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City, voluntarily provide declarations, Ietters of support, testimony at depositions, response to interrogatories, or other information concerning the work perFormed under this Agreement or relating to any project or property located within the City, unless otherwise required by law or court order.
b) Consultant shall promptly notify City snould Consultant, its o cers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, requestfordocuments,
interrogatories, requestfor eds insor saoro eead sn° th s request (" Discovery"), court order, or subpoena from any p p Y 9 g Agreement and the work performed there under or with respect to any project or property located within the City, unless Consultant is prohibited by law from informing the City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as ailowed by law. Unless Gity is a party to the lawsuitCo bsulta' t
agrees
olncooperate fully witghe City
adverse to Consultant in such proceeding, and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by ( i) personal service, ( ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or ni mailing in the United States Mai , as set forth Ibelow or ap npaother address' as that party mayrlaterdes gnate by
party
To City: City of Industry
15625 E. Stafford, Suite 100
City of Industry, CA 91744
Attention: City Manager
With a Copy To: Casso & Sparks, LLP
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
Attention: James M. Casso, City Attorney
To Consultant: Clement N. Galvillo
C & C Engineering
255 North Hacienda Boulevard, Suite 222
City of Industry, CA 91744
16. ASSI NT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.
Notwithstanding Consultant' s use of any subconsultant, Consultant shall be responsible to the City for the performance of its subconsultant as it would be if Consultant had performed the Services itself. Nothing in this Agreement shali be deemed or construed to create a contractua relationship between the City and any subconsultant employed by Consultant. Consultant shall be solely responsible for payments to any subconsultants. Consultant shall indemnify, defend and hold harmless the Indemnified Parties for any claims arising from, or related to, the services performed by a subconsultant under this Agreement.
17. GOVERNING LAWIATTORNEYS' FEES
The City and Consultant understand and agree that the laws of the State of Galifornia shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court in Los Angeles County, California. If any action at law or suit in equity is brought to enforce or interpret the provisions of this Agreement, or arising out
a
rshallt'
be e ttled to reasonableeatt neyssfees anddall this Agreement, the prevailing p Y related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled.
18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral orwritten and pertaining to the subject of this Agreement orwith respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. g, SEVE
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law•
20. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
2, CAPTIONS
The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and shall have no significance in the interpretation of this Agreement.
22, WAIVER
The waiver by City or Consultant of any breach of any term, covenant or condition
herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
23. REMEDIES
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercisoe orshe forbearance of the exercise by any party of any one or more of such rightsopan of all remedies shall not preclude the simultaneous or later exercise by such party Y of such other rignts, powers or remedies.
24, PAYMENT FOR USE OF CITY FACILITIES
Consultant snall pay City monthly rent in the amount of $2.50 per square foot of office space, $ 4.95 per computer, and $ 29.95 per telephone, the monthly rent, and computer and telephone payments are collectively referred to herein as the "Office PaymenY'. For purposes of this Section, as of the Effective Date of this Agreement, Consultant is occupying 363 square feet of office space, and is utilizing 2 computers, and 2 telephones. The City Manager may adjust the amount of o ce space, and number of computers and telephones by providing Consultant with 30 days prior written notice of the adjustment. The Office Payment shall be due and payable to the City on the first day of each month, at the place for providing notices, as set forth in Section 15 herein. Said Office Payment shall be adjusted annually on the anniversary date of this Agreement, pursuant to the Consumer Price Index published by the U.S. Department of Labor Bureau of Labor Statistics, as of December of the prior calendar year for the Los Angeles- Long Beach-Anaheim Metropolitan Statistical Area average, all items, not seasonally adjusted, rounded up to the nearest Five Dollars ($5.00).
25. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Gonsultant represents Consulta t
and has the autnority to
Consultant tethesperformance of itseobligations
hereunder.
SIGNATURES ON FOLLOWING PAGE)
IN WITNESS WHEREOF,
of the Effective Date.
CITY"
City of Industry
the Parties hereto have caused this Agreement to be executed as CONSULTANT"
C & C Engineering, Inc.
By:
BY
Cit M n ger Troy He ing, Y , ,.
Approved as to form:
By: ,. " `
Ja s M. Casso, City Attorney
Attachments: Exhibit A
Exhibit B
Exhibit C
Scope of Services
Rate Schedule
Insurance Requirements
N. Calvillo, Presiaent
EXHIBIT A
SCOPE OF SERVICES
ConsultanYs services sha l include, but are not imited to, the following:
1. General Engineering and Project Management
A. Serve as Deputy City Engineer and must be a registered civil engineer in the State of California;
B. Manage and provide all aspects of civil engineering, traffic engineering, front counter permit services, plan checking, development conditioning, capital project management, construction inspection, streetlights, and assistance in obtaining federal, state and other funding for transportation and other infrastructure projects;
C. Review alI matters pertaining to engineering to ensure that initiatives proposed and implemented by the City and others are done in a manner that protects the City's interests, and are consistent with local, state and federal laws; D. Assist in planning, coordinating, supervising and evaluating infrastructure, programs, plans, and services;
E. Evaluate the City's needs and formulate short- and long- term plans to meet needs in all areas of public works improvements, including streets, sewers, storm drains, water distribution system, street lights, traffic signals, bridges, median islands, municipal facilities and all other improvements within tne public right- ofway; F. Provide engineering, design services, land surveying and manage construction of public works projects, including construction inspection and construction staking; G. Be available to public and private developers to handle matters dealing witn the engineering functions of City government;
H. Maintain, at City Hall, municipai engineering records and maps required to ensure accurate information is available to the public and City staff; I. Prepare reports, investigations, studies and evaluations as may be requested by the City;
Advise the City as to engineering and construction funding available f I atiotns for
government agencies, and when so directed, prepare and initiate app funding;
K. Serve as Resident Engineer when required pursuant to Caltrans/ federal requirements;
L. Design capital improvement projects, improvement plans, specifications, bid documents, and public improvement project management and inspection; M. Solicit proposals for capital improvement project design work, construction management, and inspection, as needed;
N. Review and evaluate bid submittals;
O. Provide construction observation, management, inspection, and staking during the construction of City projects; act as Resident Engineer; assist with cost estimating, approval of payments, and change orders, filing of notices, and other tasks;
P. Coordinate activities with other departments and outside agencies to obtermits,
various approvals and agreements such as environmental clearances, p land acquisition, and rights- of-way for engineering projects; Q. Negotiate land acquisitions, dispositions, easements, agreements, leases, and other associated property rignts as it relates to engineering projects; R. Assist with the development and implementation of a multi- year Capital Improvement Program for the City;
S. Attend City Council, Planning Commission and otner meetings as requested; T. Provide such other related engineering services as requested by the City Manager/ or his designee;
U. Provide peer review for City contractors and accept peer review from City Contractors, as directed;
V. Conform to systems of procurement, administrative and financial controls, as directed;
W. Provide NPDES services that are necessary and related functions as are the normal practice of City Engineering Departments including any stormwater projects required of the City;
X. Maintain the City' s digital and plotted atlases of all infrastructure and assets; Y. Provide utility coordination services as requested; and Z. Assist the City with any needs or requests affiliated with City owned property both within City limits and outside City limits.
2, Development Review
A. Review proposed improvements and land developments and provide recommendation as to engineering matters to ensure conformance with City ordinances and state law;
B. Perform statutory functions of Deputy City Engineer pertaining to the review and checking of lot line adjustments, parcel and tract maps, including tentative, final and vesting maps. Ensure map conformance with State Subdivision Map Act and City ordinances;
C. Provide a turn around" checking time for maps and improvement plans within a reasonable number of days for the first plan check once the application has been deemed complete and all subsequent plan checks necessary until plan is approved. The Engineer shall notify the applicant in writing of any final plan or final map deficiencies within the timeframe required by State law, specifying those items needed to complete the application;
D. Establish performance, labor and material bond amounts when required and ensure the posting of such bonds within the proper time sequence of such development control;
E. Provide necessary and related functions as are the normal practice of City Engineering in control of private development; and
F. Provide front counter in-take and public information services.
3. Traffic Engineering
A. Provide support and expertise in the application of Traffic Engineering principles and practices to provide and enhance the safety and efficient movement of pedestrians, cyclists and vehicular traffic of people and goods within the City; B. Ensure compliance with requirements of Section 627 of the California Vehicle Code and all other applicable federal, state, and local laws;
C. Provide comprehensive analyses of existing and projected traffic conditions; intersection design, rail line or at-grade crossing impacts, speed humps, City parking lot design, and traffic/transportation data collection services; D. Provide electronic traffic control device studies and designs ( signs, signals, pavement markings, school zone flashers and curve warning flashers); E. Review subdivision or new development projects involving traffic impact analyses, transportation modeling, area-wide transportation studies and road impact fee analyses;
F. Investigate citizen requests for traffic calming measures and respond to citizens, as directed by the City Manager or his designee;
G. Provide technical assistance for traffic signal design and day-to- day traffic operations inciuding traffic signals;
H. Provide technical input to City staff witn signing and striping changes, issuing workorders to address citizen requests, signal equipment upgrades and parts, collision analysis, speed limits, traffic volume data and other work perFormed by City staff;
Review traffic plans for capital improvement projects and advise City on potential issues;
J. Assist City with preparation of Annual Traffic Safety Report; K. Review deveiopment plans, including environmental impact reports and impact studies for potential traffic issues and advise on possible solutions; L. Review precise grading and public improvement plans for potential traffic issues and advise on possible solutions;
M. Review traffic control plans for construction projects and advise on potential issues;
N. Maintain traffic collision database and advise on traffic issues involved; and O. Serve as the Traffic Engineer if requested.
4. Construction Inspection
A. Coordinate and attend pre- construction meetings;
g. Process shop drawings, submittals and requests for information ( RFIs) from contractors;
C. Provide field inspections of work in progress to ensure compliance with plans and specifications;
D. Follow federal requirements and procedures and filing system for federally funded projects;
E. Take digital photos of each construction phase throughout duration of project; F. Serve as inspector of record ( create red Iines on as- built drawings) for work inspected;
G. Prepare and file written daily inspection reports;
H. Coordinate inspections with utility companies as necessary; I. Coordinate special testing and inspection work as required; J. Report instances of apparent non- compliance with contract plans, specifications to City Engineer or nis designee for resolution;
K. Verify prevailing wages and payroll information; and L. Process progress payment applications.
5. Testing
Consultant shall oversee the testing and review construction method and material compliance testing reports. Testing will include, but not be limited to:
A. Soil compaction testing;
B. Asphalt concrete testing; and
C. Concrete slump and strength testing.
6. Federally Funded Projects
A. Secure all necessary permits, including CEQA and NEPA compliance, surveying, testing, preparation of plans and specifications, description of construction phasing plan, estimate of probable construction costs, preparation of bid documents, review of construction contract bids, recommendation for award, construction inspection, and construction administration; B. Provide all services in accordance with Caltrans standards, FHWA standards, and City standards;
C. Ensure compliance with Galifornia Government Code Section 8355 in matters relating to the provision of a drug- free workplace;
D. Ensure compliance with the Cost Principles and Procedures, 48 CFR, Chapter 1, Part 31 et seq. (Federal Acquisition Regulations System, Contract Cost Principles and Procedures; and
E. Ensure compliance with 49 CFR Part 29, Debarment and Suspension of Certificate, refer to Exhibit 12- E " Debarment and Suspension Certificate" in Chapter 12 of the Caltrans Local Assistance Manual.
7. Provision of Services
A. Place the highest emphasis on customer service;
B. Be reachable and available to respond to City emergencies at all times.
Consultant must provide City with emergency contact numbers for key personnel to faciiitate the immediate response by Consuitant to emergencies and provide an updated contact list when needed;
C. Communicate effectively with citizens before, during, and after construction projects,
D. Consultant shall provide written comments for initial and subsequent review within a reasonable number of days from date of receipt of the plans. Gonsultant shall provide comments for expedited plan reviews on a case by case basis; E. Consultant will meet approximately twice per month with the City Engineer or other designated staff to provide comprehensive updates on all pending assignments; and
F. Consultant will make initial contact in response to staff and developer inquiries and citizen concerns within a reasonable amount of time after receipt by the City and update the reporting party and City staff regularly throughout the investigation and resolution period.
8. Geographic Information Systems ( GIS)
A. Manage and maintain City' s GIS database with feature layers and related records;
B. Provide static and web- based mapping tools in support of City projects; C. Perform field collection of infrastructure location, specification, and condition; D. Train and support City staff in the use and application of GIS information, software, and associated information; and
E. Contribute content to the City' s GIS web page.
9. Field Operations
A. Point of Contact - Receive calls from City Staff, personnel, Contractors, or the public regarding repair concerns at publicly owned properties; B. Coordinate and provide inspections at publicly owned properties for repair and/ or maintenance needs and/ or safety concerns;
C. Evaluate and investigate the severity and validity of repair and maintenance concerns;
D. Coordinate with Staff and contractors for bidding repairs and executing the work;
E. Coordinate and oversee maintenance of the public right-of-way including but not limited to trees, weeds, debris, and repairs to sidewalks and curbs and gutters;
F. Coordinate with various trades including but not limited to:
i. Plumbing
ii. Electrical
iii. Mechanical / HVAC equipment
iv. Refrigeration / Commercial Kitchen Appliance repair v. Carpentry
vi. Flooring repair/ replacement/ cieaning
vii. Roofing
viii. Landscaping
ix. Masonry/ stucco
x. Tree trimming/ removal
xi. Pest Control
xii. Painting
xiii. Weed abatement / vegetation clearance
xiv. HAZMAT response
G. Provide backflow device inspection and repair, inciuding document control and coordination with LA County Backflow & Cross Connections and
surrounding water agencies and maintain the Backflow Maintenance Program;
H. Provide electrical services, as needed - investigate, trouble- shoot, coordinate with electrical utilities ( SCE and IPU) to provide direction and feedback for electrical repairs needed; and
Other duties as requested.
RATE SCHEDULE
Civil Engineering, GIS and Administrative Services
Principal/ Director of Engineering $ 255. 00
Director of Operations $ 220. 00
Senior Project Manager/ Sr. Civil Engineer $ 200. 00
Project Manager/ Civii Engineer $ 175. 00
Senior GIS Manager $ 195. 00
GIS Manager $ 180. 00
Senior Project Engineer $ 165. 00
Project Engineer $ 155. 00
Senior Design Engineer $ 145. 00
Design Engineer $ 135. 00
Senior GIS Analyst $ 165. 00
GIS Analyst $ 145. 00
GIS Technician $ 115. 00
CADD Technician $ 115. 00
Administrative Supervisor $ 105. 00
Administrative Assistant $ 90. 00
Intern $ 80. 00
Electric Utility Services
SeniorEnergy Advisor $ 255. 00
Operations Manager $ 215. 00
Senior Electrical Worker/ Inspector $ 175. 00
Electrical Worker/ Inspector $ 155. 00
Electrical Senior Project Manager $ 195. 00
Electrical Project Manager $ 175. 00
Electrica) Project Engineer $ 155. 00
Electrical Design Engineer $ 135. 00
Municipal Engineering Services
Deputy City/ Agency Engineer $ 255. 00
Plan Check Engineer $ 190. 00
Plan Check Associate $ 165. 00
Senior Construction Manager $ 21D. 00
Construction Manager $ 175. 00
Senior Construction Inspedor $ 175. 00
Constructionlnspector $ 145. 00
Permit Coordinator $ 165. 00
Director of Field Operations & Facilities $ 210. 00
field Operations Project Manager $ 180. 00
Senior Field Operations $ 170. 00
Field Operations $ 150. 00
Field Operations Assistant $ 130. 00
Administrative Supervisor $ 105. 00
Administrative Assistant $ 90. 00
Field Survey Services
Director of Survey $ 210. 00
Survey Manager $ 150. 00
Land Surveyor $ 155. 00
Senior5urveyTechnician $ 135. 00
Survey Technician $ 115. 00
One Person Crew $ 165. 00
Two Person Crew $ 270. 00
Three Person Crew $ 345. 00
The above- mentioned rates shall increase 2. 5 percent, adjusted and rounded up to the nearest five dollars ($5. 00) per hour, beginning January 1, 2022, and annually thereafter.
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting ConsultanYs indemnification of City, and prior to commencement of the Services, Consultant 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.
General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1, 000,000. 00 per occurrence, $ 2,000, 000. 00 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.
Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1, 000,000.00 combined single limit for each accident.
Professional liability ( errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $ 1, 000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Workers' compensation insurance. Consultant snall maintain Workers' Compensation Insurance ( Statutory Limits) and Employer' s Liability Insurance ( with limits of at least 1, 000,000.00).
Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement 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 contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Consultant shall procure and maintain for the duration of the contract 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 Consultant, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by Consultant 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 noncontributory basis forthe benefit of City before the City' s own insurance or self-insurance shall be called upon to protect it as a named insured.
City' 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 Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class Vl (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Waiver 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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alieged failure on the part of the City to inform Consultant of non- compliance with any requirement imposes no additional obligations on tne City nor does it waive any rights hereunder.
Requirements 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. Consultant 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.
Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, a to an uexcess I abiliby pola
itesnal
insureds under such policies. This provision shall also apply Y Prohibition of undisciosed coverage limitations. None of tne coverages required herein will be in compliance witn these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that ConsultanYs 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.
Pass' fhrough Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in tne project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes ali responsibility for ensuring that such coverage is provided in conformity with the requirements subcontractors, nd others e gaged mthe project wI be sulbm tted o C ty for eview. ultants,
City'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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate ConsultanYs compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self- insured retentions be elimina dn lowered, or replaced by a deductible. Self-insurance will not be considered to comply these specifications unless approved by the City.
7imely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from ConsultanYs performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Consultant 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.
CITY COUNCIL
OCTOBER 24, 2024
ITEM NO. 6.9
NO BACKUP MATERIAL,
VERBAL PRESENTATION ONLY