PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
TRANSTECH ENGINEERS, INC.
13367 Benson Ave
Chino, CA 91710
This Professional Service Agreement ("the Agreement") is made as of June 14, 2023 (the "Effective Date"), by and between TRANSTECH ENGINEERS, ("Consultant"), a California corporation, and the City of San Marino ("City"), a California municipal corporation, (collectively, "the Parties"). 1 of 14
RECITALS
A. City desires certain professional services as specified in this Agreement.
B. Consultant represents that it is qualified and able to provide City with such services.
NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows:
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services ("Services") set forth in the attached Exhibit A
1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local laws, ordinances, codes, and regulations.
1.4. Consultant shall not be compensated for any work performed unless it is specified in Exhibit A or City authorizes such work in advance and in writing. Any work so authorized by City shall become part of the Services for purposes of this Agreement.
2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through June 30, 2026 unless sooner terminated as provided in Section 5.0 of this Agreement. City may exercise up to two (2) 1-year extensions contingent on an annual appropriation of budget by the City Council and Consultant's satisfactory performance.
3.0 Consultant's Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit B but in no event will the City pay more than $150,000 over the total duration of the contract or more than $50,000 per fiscal year (period between July 1 and June 30) Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B, unless otherwise approved by City in writing. Pursuant to Section 02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services greater than thirty thousand dollars ($30,000.00). 2 of 14
4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed charges within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other required or authorized deductions from payments made to Consultant.
Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the expiration or earlier termination of this Agreement.
5.0 Termination
5.1. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five (5) calendar days before the termination is to be effective.
5.2. Consultant may terminate this Agreement for cause in the event City fails to cure a default under this Agreement within thirty (30) days after Consultant has given City notice of such default.
5.3. Upon termination of this Agreement, Consultant shall cease all work under this Agreement and deliver to City all materials, reports, documents, notes or other written materials compiled through the last working day this Agreement is in effect. City shall pay Consultant for all services satisfactorily rendered through the last working day this Agreement is in effect; provided that in no event, including but not limited to termination, shall Consultant be entitled to receive more than the maximum compensation set forth in Section 3. Neither party shall have any other claim against the other party by reason of termination pursuant to this Section 5.0.
6.0 Reports, Information and Work Product
6.1. Consultant shall deliver to City: (1) any reports on the status of the Services upon City's request and in such time and in such form as City may require; and (2) all material furnished to Consultant by City upon City's request and/or upon the expiration or termination of this Agreement.
6.2. Unless the Parties agree in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including without limitation any website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, "Work Product") shall be considered to be "works made 3 of 14
for hire" for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made.
Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Consultant hereby assigns to City all rights of ownership to the Work Product, including but not limited to any and all related intellectual property and proprietary rights that are not otherwise vested in the City pursuant to this paragraph.
6.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose.
Consultant shall defend, indemnify, and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim, or liability in any way related to a claim that any use by the City of any of the Work Product violates federal, state, or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents, or other means of protecting intellectual property rights, and/or interests in products, ideas, or inventions.
Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret, or trademarked documents, materials, equipment, devices, or processes in connection with its provision of the Work Product produced under this Agreement. If any use by city of any of the Work Product or other deliverables is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using such Work Product and/or other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement.
6.4. Consultant's obligations under this Section 6.0 shall survive the expiration or termination of this Agreement.
7.0 Party Representatives
7.1. City's representative for purposes of this Agreement is the City Manager or the person designated in writing by the City Manager. The City Manager's designee may exercise the authority of the City Manager provided in this Agreement excepting approval of any expenditure that would exceed a total compensation allowed under the Agreement.
7.2. Ahmad Ansari is Consultant's representative for purposes of this Agreement.
8.0 Notices
8.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United 4 of 14
States Mail, first class postage prepaid and addressed to the party at the following addresses:
To City: City of San Marino
2200 Huntington Drive
San Marino, California 91108
Attn: City Manager
To Consultant: TRANSTECH ENGINEERS, INC.
13367 Benson Ave
Chino, CA 91710
Attn: Ahmad Ansari
8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
9.0 Independent Consultant
9.1. Consultant is an independent contractor and not an employee of City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
9.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant's personnel practices.
City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section.
All duties of Consultant under this Section 9.2 shall survive termination of this Agreement.
9.3. In the event that Consultant provides any of the Services by or through any employee or any person whose work under this Agreement becomes cause for any payment or contribution required by law, including but not limited to the California Public Employees' Pension Reform Act (PEPRA), to the Public Employee Retirement System, Consultant shall be solely responsible for all such payments or contributions. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of 5 of 14
any nature to the extent arising from Consultant's failure to make any such payment or contribution. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. All duties of Consultant under this Section 9.3 shall survive termination of this Agreement.
10.0 Subcontractors
Unless otherwise specified in Exhibit A, no portion of this Agreement shall be subcontracted without the prior written approval of the City Manager. Consultant is fully responsible to City for the performance of any and all subcontractors, if any.
11.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City Manager. Any purported assignment without such consent shall be void and without effect.
12.0 Insurance
12.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements, including but not limited to additional insured endorsements, effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City, if requested.
All certificates and endorsements shall be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
12.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers licensed to do business in California with a current A.M. Best's rating no less than A:VIll unless otherwise approved in writing by City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability Coverage form (CG 0001); (2) Workers' Compensation: Consultant shall maintain Workers' Compensation insurance as required by the State of California and Employer's Liability insurance; (3) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, (4) Professional Liability: Insurance Services Office Professional Liability Coverage form RHIC 6101. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this 6 of 14
Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Workers' Compensation: Consultant shall maintain Workers' Compensation insurance as required by the State of California and Employer's Liability insurance with limits of at least $1,000,000) per occurrence; (3) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (4) Professional Liability: $1,000,000 per claim/aggregate.
12.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be canceled by Consultant except after 30 days prior written notice by First Class US mail has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its directors, officials, or officers; (3) General Liability and Automobile Liabilitycoverage shall be primary insurance as respects City, its directors, officials, officers, employees, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its directors, officials, officers, employees, and volunteers shall be excess of Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that City, its directors, officials, officers, employees, and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Consultant or for which Consultant is responsible.
12.4. All insurance except Professional Liability and Workers' Compensation required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its directors, officials, officers, employees, and volunteers.
12.5. Any deductibles or self-insured retentions shall be declared to and approved by the City Manager. Consultant agrees that, at the option of the City Manager, either:
(1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its directors, officials, officers, employees, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
12.6. Consultant waives any right to subrogation that any insurer of Consultant may acquire by virtue of payment of any loss under the policies required by this Agreement. . Consultant shall obtain any endorsement that may be necessary to affect this waiver of subrogation.
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13.0 Indemnification, Hold Harmless, and Duty to Defend
13.1. Indemnity for Design Professional Services. To the maximum extent permitted by law, Consultant shall indemnify, and hold City, its officials, officers, employees, volunteers, and agents serving as independent contractors in the role of City officials (collectively, "Indemnitees"), free and harmless from any and all costs, expenses liability, loss, damage or injury in law or equity, to property or persons, including wrongful death, to the extent arising out of any negligent acts or omissions of Consultant, its employees, its agents, or its subcontractors in connection with the performance of this Agreement including without limitation the payment of all consequential damages and reimbursement of reasonable attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of City. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred as part of the City's total damages attributable to Consultant's proportionate percentage of fault as determined by a court of competent jurisdiction. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this agreement.
13.2. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including reasonable attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Subsection 13.1, Consultant agrees to the maximum extent permitted by law, defend, indemnify, and hold Indemnitees free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of reasonable attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, City, its directors, officials, officers, employees, or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement
13.3. Consultant must obtain executed indemnity agreements with provisions identical to those in Sections 13.1 and 13.2 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of the Services. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless, and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged, or threatened, arising or 8 of 14
claimed to arise out of, pertaining to, or relating to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their respective officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, except for Claims arising from the negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
14.0 Equal Opportunity
Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
15.0 Labor Certification
15.1. By its signature hereunder, Consultant certifies it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code. Consultant shall provide evidence of such coverage before commencing the performance of the Services.
15.2. Consultant certifies that in the performance of this Services, Consultant shall not, in any manner, employ any person or contract with any person so that any Services so performed by such person would be subject to the workers' compensation laws of the State of California unless and until Consultant gives City a certificate of consent to self-insure, or a certificate of Workers' Compensation Insurance Coverage.
15.3. In the event Consultant hires a subcontractor who has employees to perform the Services or any part thereof, then Consultant shall either require the subcontractor to obtain Workers' Compensation Insurance Coverage, or must obtain Workers' Compensation Insurance Coverage for the subcontractor's employees.
15.4. Any Workers' Compensation Insurance Coverage required by or for this Agreement shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, its agents, and its subcontractors.
16.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 9 of 14
17.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.
18.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
19.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.
20.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
21.0 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
22.0 Force Majeure
Consultant shall not be liable for any failure to perform any obligation under this Agreement if Consultant presents that City in its sole judgment deems acceptable that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant's reasonable control and not due to any act by Consultant.
23.0 Final Payment Acceptance Constitutes Release
Consultant's acceptance of City's final payment under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for the Services or anything done or furnished relating thereto. Neither City's payment to Consultant nor approval of payment constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such or payment or approval be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
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24.0 Prohibited Interests; Conflict of Interest
24.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.
24.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
24.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of ransacion or in this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest"
25.0 Attorneys' Fees
If either party commences any legal, administrative, or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith as part of total damages attributable to Consultant's proportionate percentage of fault as determined by a court of competent jurisdiction.
26.0 Exhibits
Each exhibit referenced in this Agreement is hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.
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27.0 Corporate Authority
27.1. Each person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of Consultant and that by his or her execution, Consultant is formally bound to the provisions of this Agreement.
27.2. Consultant certifies it is aware of the requirements of Sections 313 of the California Corporations Code. If Consultant is a corporate entity, it shall either: (a) provide City written proof that each person executing this Agreement on Consultant's behalf is duly authorized to bind Consultant; or (b) provide two signatories to this Agreement, of whom the first must be Consultant's chairman of the board, president, or a vice president and the second who must be Consultant's secretary, an assistant secretary, its chief financial officer, or an assistant treasurer..
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the Effective Date.
CITY OF SAN MARINO CONSULTANT
Philippe By: allen cayer
By:_
= Philippe Eskandar (Sign)
Acting City Manager Name:_Allen Cayir
(Print)
Attest:
Title: President
(Print)
By:
City Clerk
By: Sybiek 2023-19:30 GMT-3
Approved as to Form: (Sign)
Name:_ Sybil Cayir
or a Man (Print)
Joe Montes Secretary
Title:
City Attorney (Print
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Exhibit A
Scope of Services
Scope of Services found on following page
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Section 4 - Project Approach 4.1
Customer Care and Responsive Service Approach:
/ Our services are founded on the principals of Total Quality Management for Total Customer Care and Satisfaction.
• All telephone calls or e-mails received are returned within the same working day, or the following day.
We take pride in our "Same Day Response" motto.
• Transtech also provides a 24-hour emergency contact number to its clients. • Customer Care means highest quality customer service. Transtech is committed to providing "Customer Care" to the City, City's patrons, including responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services. Responsiveness is an integral part of Transtech's "Customer Care" service approach.
• Our Contract Principal will meet with the Client's Project Manager frequently for service evaluation and address any areas for improvements.
‹ Responsiveness is an integral part of Transtech's "customer friendly" service approach. While our service is always on an "as needed" basis, our responsiveness is on "full-time" basis. • Transtech understands the importance of being able to expedite certain projects, when requested, by the City. Transtech has sufficient staff and resources to expedite projects. ‹ We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City's specific procedures, standards and requirements.
Transtech is an ISO 9001 certified firm in Quality Management Systems, this certification is based on a number of quality management principles including a strong customer service focus.
Structured Approach:
We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with an efficient and quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City's specific procedures, standards and requirements.
The following paragraphs describe our general approach to deliver projects in an efficient and cost-effective manner. A project specific approach will be provided for each assigned project and will become part of the specific contract for the specific project.
• Project Management: Our approach is to provide proactive management and attempt to identify potential issues and problems in advance and take corrective actions before they become problems.
This requires extensive hands-on knowledge, experience and management skills of the people involved in managing the project. Our team members have extensive experience and proven track record in managing large and complex projects and bringing them to a completion on time and within budget. • Management of Documents: We use an electronic file management system. All construction forms, daily dairies, weekly statement of working days, etc. are stored in our electronic file system, and are per Caltrans documentation system. We provide these documents at the end of the project to the client in organized files as well as pof files.
• Methodology for Communication to Inform City on Work Progress: Key project team members will attend periodic project progress meetings with City staff throughout the project duration. • Electronic common project information and file sharing platform: We create and provide access to project participates a common project information and file sharing platform.
Technical Proposal
MULTI-YEAR TRANSTECh
PROFESSIONAL SERVICES
Section 4 - Project Approach 4.2
Project Control Systems:
Project controls are essential to keep complex construction projects on budget and on time. They help teams and stakeholders identify emerging risks early, before they become expensive, time-consuming problems.
With advance warning, these issues can be mitigated or avoided altogether. Project controls also give leadership the data they need to set realistic expectations, manage subcontractors, and plan with confidence. During the course of a project, program and project managers use controls to monitor time and cost expenditures and compare them to project lifecycle forecasts. They also rely on them to coordinate onsite execution with the milestones established during the design, procurement, entitlement, and pre- construction stages. The benefits of project controls are many. When they are put in place and used appropriately, they contribute to increased efficiency, decrease in delays and cost overruns, and fewer claims and costly litigation. Our staff has experience will all of the major document control software systems including Procore, Autodesk ConstructWare (which has now become Construction Cloud), and Primavera P6. In our experience all major control software programs work basically the same way, and adapting from one software offering to another has a fairly small learning curve. Because the specific software is generally a choice made by the prime contractor, our staff is ready to partner with any user of any program. That said, not all projects require the 'fire power' associated with an expensive, sophisticated control system. Sometimes an intelligently designed filing system that stores basic Word, Excel, PDF, and email documents in the cloud is all a project really needs.
Issues Tracking System:
An issue tracking system provides an easy way to document issues, assign responsible party, and view the status of how the issue resolution is progressing. Complete documentation of issues is critical to mitigate risks on current projects and prevent similar issues on future projects. When issue tracking is integrated with the project management system, all documentation, and communications related to the project become centralized to provide complete transparency into project status.
Quality Assurance Program:
During construction, an effective Quality Assurance Program will ensure the materials and workmanship incorporated into project conform to the requirements of the contract plans and specifications including approved changes. The main elements of a Quality Assurance Program are:
• Acceptance program
• Independent assurance program.
Value Engineering:
Depending on a project's size, complexity and the owner's requirements, Value Engineering may also be considered. The Value Engineering may consist of a systematic process of review and analysis of the project during the concept and design phases, by a multi-disciplined team of persons not involved in the project, may include recommendations such as:
• To improve the value and quality of the project.
• To provide the needed functions safely, reliably, and at the lowest overall cost.
To reduce the time to complete the project.
• To combine or eliminate otherwise inefficient use of costly parts of the original proposed design for the project.
Approach and Strategy For Managing, Negotiating, And Incorporating Changes In Project Scope:
Our approach and strategy is structured based on minimizing cost and schedule impacts, while evaluating change orders in a timely, fair and equitable manner.
A number of different factors can influence the development of Change Orders on projects, which can result from either foreseen or unforeseen conditions and may include:
. Design i Modifications; Errors and Omissions; Changed Conditions; Additional/Reduced Work Scope; Owner-Directed Schedule Acceleration or Slowdown; Work Sequencing; Adjustments to Unit Pricing; Technical Proposal
MULTI-YEAR TRANSTECH
PROFESSIONAL SERVICES
Section 4 - Project Approach 4.3
Force Majeure Delays; Added Cost Incentives; Delayed, Denied, or Restricted Access to a Project Site; Inappropriate Rejection of the Contractor's Work; Delays to Owner-Supplied Services and Materials Our initial evaluation of a change order request incudes various elements:
• Is it already covered in the contract? Is it necessary to complete the work? Impact on the planned work? Will it affect or change the contractor's planned method of performing the work? Will it cause a work- character change?
contingency funds? If not, can additional funds be obtained soon enough to prevent delays? Impacts on any regulatory conditions, permits, Utilities, etc..
Change Order Documentation:
• We prepare the change order in a clear, concise, and explicit manner. A change orders should be easily understood by third parties reviewing it what work was performed without further explanation.
Project Partnering: Based on project's size and complexity, Project Partnering may also be considered:
• Partnering is a relationship between the owner and the contractor, formed in order to effectively complete the contract to the benefit of both parties. Through trust, cooperation and teamwork, the goal is to resolve conflicts at the lowest possible level.
Contract Administration Approach (Caltrans LAPM):
For construction contract administration, we follow guidelines described in Caltrans Local Assistance Procedures Manual (LAPM). Maintaining complete and accurate files is a very important aspect of managing federally funded projects. Generally, whenever the local agency is unable to produce requested data or information, it is assumed by reviewing personnel that the required actions were either never project by the resident engineer. LAPM has been prepared to aid California local agencies scope, organize, design, construct and maintain their public transportation facilities when they seek Federal Highway Administration (FHWA) funded federal-aid or state funding. This manual describes the processes, procedures, documents, authorizations, approvals and certifications, which are required in order to receive federal-aid and/or state funds for many types of local transportation projects.
Additional Information regarding ARPA Funds:
The U.S. Department of Treasury used the standard Community Development Block Grant (CDBG) formula for determining the allocation of funds to metropolitan cities. The U.S. Treasury issued an Interim Final Rule with guidance on the funding allocation methodology, distribution process, and reporting requirements.
Transtech is also providing assistance to its contract Cities for the administration of these funds.
Additional Information regarding Coordination with CALTRANS:
Our team includes experienced staff members who have worked for CALTRANS and are intimately familiar with the standards and procedures, project development and approval process, and requirements. One of our Sr. Staff Members, Ali Zaghari, who joined Transtech about 1 year ago, has over 35 years of experience in Transportation Management & Operations at various capacities in the California Department of Transportation (Caltrans). His career path includes a number of key managerial positions in Caltrans leading to his last position as the Deputy District Director.
CIP Management:
Transtech manages Capital Project Program and maintains CIP Matrix and Schedule for various contract Cities. The CIP Matrix includes a detailed tracking info for each CIP, as well as a high-level project schedule status in bar chart format for various project phases. The CIP Matrix is updated frequently, and project status is presented to City Management at management meetings, as well as to City Council when directed by the City Management.
Technical Proposal
MULTI-YEAR TRANSTECH
PROFESSIONAL SERVICES
Exhibit B
Fee Schedule
Fee Schedule found on the following page
14 of 14
Cost Proposal 1.2
TRANSTECH ENGINEERS, INC.
SCHEDULE OF HOURLY RATES
Effective through June 30, 2023
Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project's scope, when such projects are identified by the City.
ENGINEERING CONSTRUCTION MANAGEMENT
Field Technician $80 $90 Labor Compliance Analyst $140 - $145 Engineering Technician $90 $100 Funds Coordinator $145 - $155 Assistant CAD Drafter $100 $115 Office Engineer $140 $150 Senior CAD Drafter $115 $130 Construction Inspector $135 $145 Associate Designer $130 • $145 Senior Construction Inspector $145 - $155 Senior Designer $145 $160 Construction Manager $155 - $175 Design Project Manager $180 $190 Resident Engineer $175 - $190 Assistant Engineer $110 - $120 PUBLIC WORKS INSPECTION
Associate Civil Engineer $135 $145 Public Works Inspector $135 - $145 Senior Civil Engineer $190 $210 Senior Public Works Inspector $145 - $155 Traffic Analyst Technician $95 $105 Supervising PW Inspector $155 - $165 Associate Traffic Analyst $140 $150 SURVEY AND MAPPING
Senior Traffic Analyst $150 $160 Survey Analyst $140 $145 Professional Transportation Planner $160 $175 Senior Survey Analyst $145 - $150 Traffic Engineer Technician $90 $100 2-Man Survey Crew $330 $340 Associate Traffic Engineer $135 $145 Survey & Mapping Specialist $175 - $185 Traffic Engineer $160 $175 Licensed Land Surveyor $200 - $210 Senior Traffic Engineer $175 $195 FUNDING & GRANT WRITING Project Manager $175 $195 Funds Analyst $140 $145
Senior Project Manager $195 $215 Senior Funds Analyst $145 - $155 Deputy City Engineer $160 $180 Grant Writer $160 - $170 City Engineer $180 $195 Funds & Grant Project Manager $180 - $190 Principal Engineer $195 - $215 PLANNING
BUILDING & SAFETY Community Development Technician $75 $85 Permit Technician $70 $80 Planning Technician $85 $95
Plan Check Technician/Analyst $100 $120 Assistant Planner $95 - $115 Building Inspector $120 - $125 Associate Planner $115 - $135 Senior Inspector $125 $135 Senior Planner $135 - $160
Plans Examiner/Checker $135 $150 Planning Manager $160 - $180 Plan Check Engineer $150 - $160 ADMINISTRATIVE STAFF
Deputy Building Official $150 $160 Administrative/Clerical $65 - $75 Building Official $160 - $170 Project Accountant $75 - $85 The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim Califomia Consumer Price Index-All Urban Consumers ("CPI-U") for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.
Cost Proposal
MULTI-YEAR TRANSTECH
PROFESSIONAL SERVICES
Transtech Agreement
Final Audit Report 2023-07-06
Created: 2023-07-06
By: Dominique Rodriguez ([email protected]) Status: Signed
Transaction ID: CBJCHBCAABAARRUTqOimmTckFtAevDXPZy|E0YT1gXF0 "Transtech Agreement" History
→ Document created by Dominique Rodriguez ([email protected]) 2023-07-06 - 4:26:51 PM GMT
E, Document emailed to allen cayir ([email protected]) for signature 2023-07-06 - 4:27:20 PM GMT
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Do Document e-signed by allen cayir ([email protected]) Signature Date: 2023-07-06 - 4:28:26 PM GMT - Time Source: server E Document emailed to Sybil Cayir ([email protected]) for signature 2023-07-06 - 4:28:27 PM GMT
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