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HomeMy WebLinkAboutE-22 Staff Report - Contract Award - TranstechCONSENT ITEM E-22 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: JOSE D. JIMENEZ, DIRECTOR OF ECONOMIC & COMMUNITY DEVELOPMENT DATE: AUGUST 19, 2024 SUBJECT: AWARD OF PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF AZUSA AND TRANSTECH ENGINEERS INC., TO PROVIDE CONTRACT BUILDING PLAN REVIEW, BUILDING OFFICIAL, AND INSPECTION SERVICES BACKGROUND: Since 2019, the Economic and Community Development Department (“ECD”) has outsourced Building and Safety services. These services include, but are not limited to building plan checks services, building inspections, permit issuance, and serve as Chief Building Official on behalf of the City. These duties are currently handled by Transtech Engineers Inc. Subject to Article VII (Bidding and Contracting, and Other Purchases of Projects, Supplies, Services, and Equipment), ECD is required to solicit new bids, and award a new contract for these services. RECOMMENDATIONS: Staff recommends that the City Council take the following actions: 1)Approve the execution of a new Professional Services Agreement between the City of Azusa and Transtech Engineers Inc. to provide contract plan review support for three years in the aggregate amount of $2,295,000 or $765,000 annually; and 2) Authorize the City Manager to execute the PSA, subject to any non-substantive revisions approved by the City Attorney, and perform any other obligations of the City under the PSA; and Approved City Council August 19, 2024 Award of Professional Services Agreement – Building Plan Check Services August 19, 2024 Page 2 3) On behalf of the City, authorize the City Manager to execute a Not to Exceed (“NTE”) amount of $765,000.00 Annual Agreement with Transtech Engineers, Inc. ANALYSIS: Since 2019, the City of Azusa, via the ECD Department, has outsourced plan check review and inspection services. At the time, the contract covered an initial two-year period, with subsequent extensions allowing the contract to be extended until June 2024. Building and Plan check services are critical for the City, since it includes the careful review of construction plans for compliance with the California Building, Plumbing, Mechanical, and Electric Codes, among others. Subject to the City’s procurement process under Article VII (Bidding and Contracting, and Other Purchases of Projects, Supplies, Services, and Equipment), ECD is required to solicit new bids, and award a new contract for these services. As a result, and on February 5, 2024, ECD received authorization to issue a Request for Proposal (“RFP”) for Plan Review, On-Call, and Inspection Services for the Building Division. The RFP was distributed via electronic emails to firms that specialize in Plan Check services. The RFP was also placed in the City’s Webpage. The deadline to receive proposals was April 18, 2024. In response to the RFP, the ECD Department received a total of Five Bid Proposals from the following firms: • Bureau Veritas • Transtech Engineers, Inc. • JAS Engineers • Willdan • J Lee Engineering Inc. Following the review, and careful consideration of the proposals received, the ECD Department determined that Transtech submitted a responsible bid for the requested services. In its consideration, the ECD Staff considered the following: • Transtech Engineers Inc. is a well-established engineering firm with over 25 years of experience; • Transtech Engineers Inc. has the appropriate staff to meet the needs and expectations of the community; • Transtech Engineers Inc. will provide an in-house Chief Building Official; • Is proposing a cost-sharing mechanism where Transtech Engineers Inc. will receive 59 percent of the plan review revenues, while the City will receive 41 percent of those fees; and • During the prior contract, Transtech Engineers Inc. assisted with the transition of the Building Division. The results included the achievement of efficiencies that resulted in a streamlined building review process. To conclude, Transtech Engineers Inc. has demonstrated a level of service that is in line with the Goals and Objectives of the Economic and Community Development Department. Other considerations, include dedicating bilingual staff, and on-call availability when not on site. Thus, selecting Transtech Engineers Inc. will allow for a seamless and streamlined continuation of the City’s Building Plan Check Services. Award of Professional Services Agreement – Building Plan Check Services August 19, 2024 Page 3 ENVIRONMENTAL CLEARANCE: The action item is not defined as a project under CEQA (Section 15378 of the State CEQA Guidelines), because neither the request for proposals nor the maintenance services will cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). FISCAL IMPACT: Staff will request an annual allocation of $765,000, which includes $350,000 for Plan Check services under account 10-35-620-000-6435 and $415,000 for Building Consultant Services under account 10-358-620-000-6399. This funding is intended for a three-year period, resulting in a total not-to-exceed (NTE) contract amount of $2,295,000. The first year of the contract is included in the approved FY 2024-25 budget ($350,000 under account 1035620000-6435 and $415,000 under account 1035620000-6399), and the additional funding for FY 2025-26 and FY 2026-27 will be requested through the bi-annual budget approval process. It is important to note, that the recommended agreement costs will be partially offset by revenues the City will receive from the revenue sharing agreement proposed between Transtech and the City for plan reviews and inspection services. The revenue agreement is structured so that Transtech will receive 59 percent of the plan review revenues while the City will receive 41 percent of those fees. In addition, there are budget savings from two fully-burdened vacant positions including a vacant Building Official position budgeted at $139,927 and a Building Inspector II position at $114,163 totaling $254,090 ($139,927+$114,163). Both the stated revenues and savings from the two budgeted vacant positions will offset most of the recommended PSA costs. Prepared and Reviewed by: Jose D. Jimenez Director of Economic & Community Development Fiscal Review by: Reviewed and Approved: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1) Professional Services Agreement with Transtech Engineers Inc. 2) Proposal from Transtech Engineers Inc. Submitted To City of AZUSA City Clerk’s Office 213 E. Foothill Blvd Azusa, CA 91702 Attn.: Jose D. Jimenez Director of Economic and Community Development Department Submitted By TRANSTECH Engineers, Inc. Contact Person for this Proposal: Dennis Tarango, CBO Principal Building Official E: dennis.tarango@transtech.org C: 909-821-7117 www.transtech.org 855.595.2495 (toll-free) Proposal PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION 1 Un-Bound, 3 Bound Copies, 1 Electronic File submitted Attachment 1 Table of Contents i PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Our proposal is submitted in the format and section orders specified in RFP Section titled “V. Submittal Content”, and as required limited to 30 pages Section Page (a) Cover Letter 1 (b) Consultant’s Prior Experience and Qualifications 4 (b).1 Company Qualifications 4 (b).2 Building and Safety Staff Qualifications 6 (b).3 Examples of Building and Safety Projects 7 (c) References 11 (d) Organizational Chart 12 (e) Team Member Resumes 13 (f) Management Overview and Approach 20 (f).1 Project Understanding 20 (f).2 Service Approach 21 (g) Fee Proposal 27 Appendix: Insurance 29 PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 1 (a) Cover Letter April 18, 2024 City of AZUSA City Clerk’s Office 213 E. Foothill Blvd; Azusa, CA 91702 Attn.: Jose D. Jimenez, Director of Economic and Community Development Department Proposal, PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Dear Mr. Jimenez: Transtech is pleased to submit this Proposal for the subject services. This Cover Letter provides an executive summary of our proposal and qualifications. Company Profile: Established in 1989, Transtech (a California Corporation) is a multi-disciplinary engineering consulting firm. Transtech has been in business for 35 years and provides municipal services to approximately 75 public agencies. Our multi-disciplinary service capabilities include: • Building & Safety Services, Building Official, Building Inspection, Plan Check, Building Code Enforcement • Civil Engineering • Staff Augmentation • CIP Program Management • Construction Management and Inspection • Federally Funded Project Management • Grant Writing • CDBG Project Management • City Engineer, City Traffic Engineer, Development Review, Public Works Engineering, Plan Check, Inspection • Labor Compliance • Planning Support • Traffic and Transportation Planning and Eng • Water Resources Engineering • Surveying, Mapping, ALTA, Right-of-way Eng • Emergency, Support Services One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers. We serve as Building Official, Building Plans Examiner, Building Inspector, Permit Technician, Building Code Enforcement, City Engineer, City Traffic Engineer, Map/Plan Checker, Public Works/Permit Inspector, CIP Manager, Construction Manager, Construction Inspector, Designer, Federally Funded Project Manager and in other capacities for a number of public agencies. Building and Safety Services: Transtech is currently providing municipal services to over 75 public agencies, Including Building and Safety Services to several agencies. Transtech’s Plan Check and Inspection Capacity in numbers: • We maintain and manage electronic plan submittal portals for over 25 cities. • In 2023, we processed and reviewed approximately 11,000 projects with 76,000 documents and performed approximately 52,000 inspections. Local Presence: Transtech has strong presence and resources locally, and is providing municipal services to many public agencies in the region, including several Cities in San Gabriel Valley, and have readily available local staff www.transtech.org 855.595.2495 (toll-free) ISO 9001 Certified About Transtech Video Highlight: CLICK HERE PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 2 resources to respond to City’s requests quickly and efficiently. Cities we provide services in San Gabriel Valley include: City of Alhambra City of Azusa City of El Monte City of Glendora City of Irwindale City of La Canda Flintridge City of Monrovia City of Monterey Park City of Rosemead City of San Marino City of South El Monte City of Temple City City of West Covina Innovative and Advanced Technology: Transtech has integrated many technological assets into its services to provide the most efficient and cost- effective service possible. We provide fully automated electronic plan submittal, plan checking, and tracking. We provide this on our company portal, as well as offer same portal access to our client cities on their web sites. Electronic Plan Check: Transtech provides all Electronic Plan Check. Please click here for a sample of our electronic plan check portal at one of our contract Cities. We offer electronic plan check submittal portal to our client cities at no additional cost. Virtual Counter: We offer virtual meetings with plan checkers. Please click here to explore the virtual plan check counter appointment calendar for one of the Cities, Transtech’s unique “Customer Care” approach in delivering Building and Safety Services in an efficient, cost- effective, and timely manner: • Transtech is well known in providing Cost Effective Services on time with a customer friendly and responsive approach. Our services are founded on the principles of Total Quality Management for Total Customer Care. • Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan. • 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. • Responsiveness is an integral part of Transtech’s “customer friendly” service approach. • We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest and conduct business. Quick Turn Around Time and Expedited Services / Expedited/Off-Business Hours/Weekend Services: Transtech will provide plan checks on a quick turn-around schedule. Transtech also provides expedited service when requested. If the City receives a request from applicants for expedited plan check services, Transtech staff will provide additional resources to accommodate such a request. If the City requests inspection services, Transtech staff will provide additional resources to accommodate inspection requests during off business hours and weekends. Our staff members are involved in many local and national International Code Council (ICC) and California Building Officials (CALBO) committees, and are involved in the development of local and national guidelines and codes for Building and Safety: • Chair; ICC Sustainability Membership Council • Chair; ICC LA Basin Chapter Inspection Committee • Commissioner; ICC Codes & Standards Council • Commissioner; CALBO Green Committee • Commissioner; ICC/CALBO CA Exam Committee • Commissioner; CALBO Outreach/Communications Committee • ICC Los Angeles Basin Chapter Board of Directors • ICC Building Officials Membership Governing Council • ICC Code Development Committee Vice Chair • ICC Technology/Web Advisory Group • IAS Accreditation Committee • ICC LA Chapter Accessibility Committee • Commissioner; CALBO State Licensing Boards Committee PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 3 Readily Available Staff: Transtech has a large pool of well experienced staff and resources readily available to provide requested services, and respond to requests in a timely, efficient, and cost-effective manner. Our staff and resources include approximately 200 staff, including building officials, plan checkers, inspectors, permit technicians, engineers, project managers, designers, plan checkers, inspectors, construction managers, traffic and transportation analysts, technicians, support personnel. Training Program: We offer any City staff, who are involved in inspection, plan check and permit issuance, an option to participate in our training program for code updates and process, as well as ICC certification training. Community Involvement: We are proud to support civic and community activities, which demonstrates our commitment to the progress, health, and well-being of the communities we serve. In services and partnership with our client cities, we have a proven record of active engagement in City and Community events, programs, causes, and initiatives. Our goal is not just to serve as an engineering consultant which is what we are best at, but activity partnering with our clients, to further enhance the City’s reputation as an ideal community to live, invest, work, and play in. The Transtech Team is very passionate about giving back, especially through youth empowerment and workshops to encourage middle school and high school students to pursue higher education and to get involved in STEM related fields, like engineering. Several of our team members have been involved in various organizations and spoke at countless events to encourage the youth and young women in particular to pursue Engineering in both their academic and career paths. We believe our team is well qualified to perform the services requested: We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies.  Successfully providing similar services to many agencies for over 33 years.  Proven track record in on time and within budget project delivery.  Multi-disciplinary engineering consulting service capabilities to provide an array of municipal services.  Ability to work collaboratively with agencies, project applicants, and other stake holders, and communicate effectively with diverse audiences and stakeholders at public forums.  Committed to producing a high-quality work product and deliver a high level of customer care.  Commitment of principal level management and involvement throughout the contract duration.  Well experienced in-house staff readily available to commence with the services upon City’s authorization. Transtech shares the City’s commitment and strive on delivering a top-quality customer experience to the communities we serve through innovation and responsiveness, with integrity, flexibility, and professionalism. We strive to push the envelope beyond bureaucracy who think outside the box and who provide excellent customer service. Thank you for the opportunity to submit this proposal. Should you have any questions, or require additional information, please contact us. Sincerely Dennis Tarango, CBO, CSP, Principal Building Official Ayla Jefferson, CBO, CSP, Principal Building Official E: dennis.tarango@transtech.org E: ayla.jefferson@transtech.org C: 909-821-7117, O: 909-595-8599 C: 909-851-5765, O: 909-595-8599 PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 4 (b) Consultant’s Prior Experience and Qualifications (b).1 Company Qualifications Established in 1989, Transtech (a California Corporation) is a multi-disciplinary engineering consulting firm. Transtech has been in business for 35 years and provides municipal services to approximately 75 public agencies. Our multi-disciplinary service capabilities include: • Building & Safety Services, Building Official, Building Inspection, Plan Check, Building Code Enforcement • Civil Engineering • Staff Augmentation • CIP Program Management • Construction Management and Inspection • Federally Funded Project Management • Grant Writing • CDBG Project Management • City Engineer, City Traffic Engineer, Development Review, Public Works Engineering, Plan Check, Inspection • Labor Compliance • Planning Support • Traffic and Transportation Planning and Eng • Water Resources Engineering • Surveying, Mapping, ALTA, Right-of-way Eng • Emergency, Support Services Transtech is currently providing municipal services to over 75 public agencies, Including Building and Safety Services to several agencies.: Transtech has strong presence and resources locally, and is providing municipal services to many public agencies in the region, including several Cities in San Gabriel Valley, and have readily available local staff resources to respond to City’s requests quickly and efficiently. Cities we provide services in San Gabriel Valley include: City of Alhambra City of Azusa City of El Monte City of Glendora City of Irwindale City of La Canda Flintridge City of Monrovia City of Monterey Park City of Rosemead City of San Marino City of South El Monte City of Temple City City of West Covina PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 5 One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers. We serve as Building Official, Building Plans Examiner, Building Inspector, Permit Technician, Building Code Enforcement, City Engineer, City Traffic Engineer, Map/Plan Checker, Public Works/Permit Inspector, CIP Manager, Construction Manager, Construction Inspector, Designer, Federally Funded Project Manager and in other capacities for a number of public agencies. We have extensive experience working with Public Agencies/Cities in similar assignments. We are accustomed to working with public agencies and have a good understanding of public agency procedures and policies. We have extensive experience in preparing staff reports and presentations to City Council, Boards and public, and in communicating effectively with diverse audiences and stakeholders at public forums. We have managed large and complex projects, which involved multiple agencies and jurisdictions. Several of our staff members are former City Engineers, Public Works Directors. Transtech has experience in various types of projects, such as: • Street Rehabilitation and Reconstruction • Traffic Signal and Street Lighting • ADA Improvements • Water, Drainage, Sewer Improvements • Bridges Parks and Playgrounds • Parking Structures • Community Centers • Libraries • City Halls • Fire Stations • Renovation of Historic Buildings • Residential, Office, Commercial, Industrial Buildings We work with METRO on a number of projects. Currently, we are managing 710 Mobility Improvement Projects for the Cities of Alhambra and Rosemead, which has total funding of over $200m. 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 Member is former Deputy Director of Caltrans District 7. We work and coordinate with LA County on a number of projects. We have extensive experience in the management and administration of grant funded projects. Our team has proven track record in obtaining outside grants for its client cities. Our staff works with our client cities to find potential funding sources, and to prepare competitive applications for various programs. We have obtained extensive amount of funds for our client cities. Community Benefit Enhancement (CBE). Supporting civic and community activities demonstrates Transtech’s commitment to the progress, health, and well-being of the communities we serve. This is something that we take pride in as a company. In services and partnership with our client Cities, we have a proven record of active engagement in City and Community events. This includes involvement or presence at City programs or events, supporting local businesses through the chamber, youth events, hosting workshops, sports, scholarship opportunities, community service, managing homelessness challenges, public safety, crime prevention, or any other community benefit that the City wishes us to be a part of. New Community Outreach Project: • The Transtech Team is very passionate about giving back, especially through youth empowerment and workshops to encourage middle school and high school students to pursue higher education and to get involved in STEM related fields, like engineering. • Several of our team members have been involved in various organizations and spoke at countless events to encourage the youth and young women in particular to pursue Engineering in both their academic and career paths. • We are proud to have founded an annual Transtech Engineers Scholarship Program awarded during the fall semester to Cal Poly Pomona students. The scholarship awards five students $3,000 each based on PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 6 their GPA and grade level. We partnered with Cal Poly Pomona to start this annual scholarship with the Civil Engineering Program at the university. • We wanted to further our reach and mission and have begun to develop a special community project interfacing with local schools to implement a yearlong STEM extracurricular program. We have worked on developing a program where every year we will focus on one middle school or high school in the cities we serve to offer this elective to the students. Our goal is not just to serve as a consultant (which is what we are best at) but to also be an active partner with our clients and further enhance the City’s reputation as an ideal community to live, invest, work, and play. We are deeply committed to maintaining our partnership with our valued customers, its community, and remain open and enthusiastic to receiving input on how to best serve the City's needs today and in the future. (b).2 Building and Safety Staff Qualifications Our staff members are certified by the International Code Council (ICC). We have staff who have reached the highest possible level of code administration with the Master Code Professional designation certification from the ICC. Following are various ICC certifications held by various staff members: Building Official Certifications:  Certified Master Code Professional  Building Code Official  Building Official Plan Check Certifications:  Residential Building Plans Examiner  Commercial Building Plans Examiner  California Building Plans Examiner  Certified Sustainability Professional  CalGreen Plans Examiner  Accessibility Plans Examiner  Commercial Energy Conservation Plans Examiner  Residential Plans Examiner  Mechanical Plans Examiner  Plumbing Plans Examiner  Electrical Plans Examiner Inspection Certifications:  Combination Inspector  Commercial Building Inspector  Residential Building Inspector  Accessibility Inspector  Commercial Energy Conservation Inspector  Electrical Inspector  Commercial Electrical Inspector  Residential Electrical Inspector  Residential Energy Conservation Inspector  Residential Building Inspector  Residential Mechanical Inspector  Mechanical Inspector  Commercial Mechanical Inspector  Plumbing Inspector  CalGreen Inspector  Building Inspector CBC  Building Inspector UBC  Plumbing Inspector UPC  California Building Inspector  California Commercial Plumbing Inspector  California Residential Mechanical Inspector  California Residential Mechanical Inspector Additional Inspection Certifications:  IAPMO Plumbing, Mechanical Inspector  Fire Code Inspector  Fire Inspector II  California UST Inspector Permit Technician Certification:  Permit Technician CACEO Certified Code Enforcement Officer State of California Safety Assessment Program: CalOES SAP Evaluator  In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, Several of our engineers are licensed as professional engineers in various engineering disciplines by the State of California BPELSG (Board for Professional Engineers, Land Surveyors, and Geologists) PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 7 Our staff members are involved in many local and national International Code Council (ICC) and California Building Officials (CALBO) committees, and are involved in the development of local and national guidelines and codes for Building and Safety: • Chair; ICC Sustainability Membership Council • Chair; ICC LA Basin Chapter Inspection Committee • Commissioner; ICC Codes & Standards Council • Commissioner; CALBO Green Committee • Commissioner; ICC/CALBO CA Exam Committee • Commissioner; CALBO Outreach/Communications Committee • ICC Los Angeles Basin Chapter Board of Directors • ICC Building Officials Membership Governing Council • ICC Code Development Committee Vice Chair • ICC Technology/Web Advisory Group • IAS Accreditation Committee • ICC LA Chapter Accessibility Committee • Commissioner; CALBO State Licensing Boards Committee (b).3 Examples of Building and Safety Projects Transtech’s Plan Check and Inspection Capacity in numbers: • We maintain and manage electronic plan submittal portals for over 25 cities. • In 2023, we processed and reviewed approximately 11,000 projects with 76,000 documents and performed approximately 52,000 inspections. Few Examples of Building and Safety Projects by Transtech: Agency: CITY OF AZUSA Project: The Orchard Mix-Use-Development. (Valuation $55 m). The project included Mixed-use project including 163 residential units, 23,000 S.F. of retail, Laemmle Theater, and parking garage. Transtech provided following services: Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project. Building Plan Check/Inspection. Transtech serves as the City’s Contract Building Official, Plan Checker, Inspector. Agency: CITY OF AZUSA Project: OneLegacy Transplant Recovery Facility. (Valuation $40 m). The project included a complete remodel of the existing building and the expansion to include additional office and laboratory space, a convention center, amenities for the staff, a parking structure, and a helipad for medical team transportation. Transtech provided following services: Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project. Building Plan Check/Inspection. Transtech serves as the City’s Contract Building Official, Plan Checker, Inspector. PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 8 Agency: CITY OF BELL Project: Residential Development. (Valuation $4 m). This development includes new 14 new two-story detached single- family dwellings. Transtech provided following services: Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project. Building Plan Check/Inspection. Transtech serves as the City’s Contract Building Official, Plan Checker, Inspector. Agency: CITY OF COMMERCE Project: Warehouse with Office Space Development (Valuation $20 m). This development includes one-story of warehouse with mezzanines for office use of 114,898 square feet of total floor area in a 5.65-acre lot. Transtech provided following services: Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project. Building Plan Check and Inspection. Engineering Plan Check and Inspection. Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer. Agency: CITY OF SOUTH EL MONTE Project: Chico Residential Development (Valuation $15 m). This development includes 13 buildings with 70 residential units. Transtech provided following services: Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project. Building Plan Check and Inspection. Engineering Plan Check and Inspection. Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer. Agency: CITY OF ALHAMBRA Project: Main Street Collection (Valuation $23 m). This development includes 4-story mixed-use project with 8,200 s ft retail space, 52 condos, 9 live/work units, 19 townhomes, and 6 shopkeeper units. Transtech provided following services: Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project. Building Plan Check and Inspection. Engineering Plan Check and Inspection. Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer. Agency: CITY OF WEST COVINA Project: Asteria Residential Development (Valuation $40 m). This development includes 158-unit residential homes. Transtech provided following services: Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project. Building Plan Check and Inspection. Engineering Plan Check and Inspection. Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer. PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 9 Agency: SAN MANUEL BAND OF MISSION INDIANS TRIBE AND CASINO Project: Casino Expansion/Development (Valuation $700 m): This project involves Casino’s expansion program, which includes casino renovation, new hotel, entertainment center, parking structure, pedestrian bridges, alignment of entry and exit roads, and various other improvements. Transtech provided following services: Building Plan Check and Inspection. Fire Plan Check. Transtech serves as the Tribe’s and Casino’s (they are 2 sperate entities) Contract Building Official, Plan Checker, Inspector and Fire Marshall. Agency: CITY OF TEMPLE CITY Project: Blossom Walk Residential Development (Valuation $6 m). This development includes 24-unit condominiums and 4 single family homes. Transtech provided following services: Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project. Building Plan Check and Inspection. Engineering Plan Check and Inspection. Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer. Agency: CITY OF WEST COVINA Project: Medical Center Building (Valuation $20 m). This project is a new Medical Office Building of approximately 55,000 sf that will operate 24/7 providing a radiation oncology department and infusion department. Transtech provided following services: Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project. Building Plan Check and Inspection. Engineering Plan Check and Inspection. Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer. Agency: CITY OF SOUTH PASADENA Project: 820 Mission Development LLC (Project Value: $10M). This project is a new office building with one residential unit above, new 15-unit townhome cluster with office fronting Mission Street with one-level subterranean parking, convert existing 3-story industrial building into 9 residential units, construct 13 townhome units. Transtech provided following services: Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project. Building Plan Check and Inspection. Transtech serves as the City’s Contract Building Official. PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 10 Agency: CITY OF CARSON Project: The District at South Bay (Valuation $175 m). This development includes Industrial Buildings on 73 acres with 5 industrial building with 1,499492 sq ft and Country Mart project including five (5) restaurant / retail buildings, four (4) drive through restaurants, and one (1) restroom facility building on an approximate 11-acre site. There will be a park component with a performance pavilion, kids playground, event lawn, dog park and gardens. The restroom facility will include public and family restrooms to support the public open space. Transtech provided following services: Building Plan Check and Inspection. Transtech serves as the City’s Contract Building Official. Agency: SNOQUALMIE INDIAN TRIBE, WASHINGTON Project: Casino expansion (Valuation $195 m). This development includes 5 phases with 1,188,000 sq ft to include casino remodel, podium, hotel tower, parking structure, valet parking. Transtech provided following services: Building Plan Check and Inspection. Transtech serves as the Tribe’s Casino’s Contract Building Official, Plan Checker, Inspector. PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 11 (c) References Per RFP requirement, we are providing 3 references. However, if desired by the City we would be happy to provide additional references. CITY OF ALHAMBRA (Year started and completed: 1993 – Ongoing Service) Contact: Andrew Ho, Community Development Director T: 626-570-5041; E: andrewho@cityofalhambra.org Services Provided: Building & Safety Services; City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check. CITY OF CARSON (Year started and completed: 2023 – Ongoing Service) Contact: Robert Lennox, Ed.D., Assistant City Manager T: 310-952-1728; E: RLennox@carsonca.gov Services Provided: Building & Safety Services CITY OF BELL (Year started and completed: 2015 – Ongoing Service) Contact: Manuel Acosta, Community Development Director T: (323) 588-6211; E: macosta@cityofbell.org Services Provided: Building & Safety Services PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 12 (d) Organizational Chart DENNIS TARANGO, CBO, CSP Principal Building Official Director of Building & Safety Services and Engineering Plan Review Services ICC Certified Building Official, Plans Examiner and Inspector AYLA JEFFERSON, CBO, CSP Principal Building Official Director of Building & Safety Services and Engineering Plan Review Services ICC Certified Building Official, Plans Examiner and Inspector BILL DORMAN, CBO, CSP, ICC Certified Building Official, Plans Examiner, Inspector MICHAEL ROBERTS, CBO, MCP, ICC Certified Building Official, Plans Examiner, Inspector ROBERT HERNANDEZ, ICC Certified Plans Examiner, Inspector JASON ROBBINS, CBO, CSP, ICC Certified Building Official, Plans Examiner, Inspector CEM AYAN, PE, ICC Certified Plans Examiner, Inspector JEFFREY KAO, PE, CBO, CASp, ICC Certified Building Official, Plans Examiner, Inspector CALVIN CHANG, PE, ICC Certified Plans Examiner JONATHAN TARANGO, ICC Certified Building Inspector, CALGreen Inspector/Plans Examiner, Permit Technician JOHN TUFAN, ICC Certified Permit Technician, CalGreen Inspector/Plans Examiner GREGORY AHERN, ICC Certified Inspector, ICC Certified Fire Inspector FRANKIE LOPEZ, ICC Certified Building Inspector JEREMY REED, ICC Certified Building Inspector, Permit Technician NICHOLAS TARANGO, ICC Certified Building Inspector, Permit Technician CAN GOZUBUYUK, ICC Certified Inspector STEVE RIVAS, ICC Certified Building Inspector, Permit Technician JULIE ROBBINS, ICC Certified Permit Technician AMY CHAN, ICC Certified Permit Technician NATHAN ESTABROOK, ICC Certified Building Inspector, Permit Technician DAVID RAGLAND, PE, PLS, QSD, QSP, Sr. Engineer, Map and Engineering Plan Check MICHAEL ACKERMAN, PE, QSD, QSP, QISP, Sr. Engineer, Map and Engineering Plan Check Subconsultants: SOILS REPORT REVIEW SUPPORT: GEO-ADVANTEC, INC. (www.geoadvantec.com) LANDSCAPE PLAN REVIEW SUPPORT: WITHERS & SANDGREN, LTD. www.withersandsandgren.com) Readily available large of pool of staff: Our staff and resources include approximately 200 staff, we have a readily available large of pool of staff with diversified and extensive expertise in requested services and will be able to respond to service requests and mobilize our resources quickly. PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 13 (e) Team Member Resumes AYLA JEFFERSON, CBO, CSP, Principal Building & Safety Official, ICC Certified Building Official, Plans Examiner and Inspector Education • Rio Hondo College, CE, Bosphorous Univ, Turkey, Athanee Royal, Belgium Registrations/Certifications • ICC Certifications: Building Code Official, Certified Building Official, Certified Sustainability Professional, Accessibility Inspector, Accessibility Plans Examiner, Building Plans Examiner, California Building Plans Examiner, CalGreen Plans Examiner and Inspector, Building Inspector CBC, Building Inspector UBC, Plumbing Inspector UPC, California Commercial Plumbing Inspector, Residential Mechanical Inspector, California Residential Mechanical Inspector, Permit Technician • IAPMO Plumbing, Mechanical Inspector Highlights Ms. Jefferson has over 25 years of experience in private and governmental sector. She has extensive experience in managing building and safety departments of different municipalities under Transtech contracts. She has served as Building Official, Deputy Building Official, Plan Checker, Code Enforcement Official, Community Improvement Coordinator, Planning Technician, and Inspector for various municipalities. DENNIS TARANGO, CBO, CSP, Principal Building & Safety Official, ICC Certified Building Official, Plans Examiner and Inspector Education • Cal Poly, Engineering • Fresno State BA • Rio Hondo College Registrations/Certifications • ICC Certified Building Official, Plans Examiner, Commercial Building Inspector, Building Inspector UBC, Fire Plans Examiner Highlights • ICC Sustainability Membership Council Governing Committee Mr. Tarango has over 20 years of experience in building and safety. He is experienced in managing building and safety departments of different municipalities. Currently he is serving as Building Official for Transtech Contract Cities. At Transtech, Mr. Tarango is responsible for the Building and Safety Division as well as business development, client relations, and management oversight. With his analytical and strategic management skills, he provides strong leadership and develops staff to enhance the Departments abilities. Prior to working for Transtech, Mr. Tarango served as Deputy Building Official, Plans Examiner, and Senior Building Inspector for various local cities including the City of Diamond Bar, City of Yorba Linda, and City of Hemet. BILL DORMAN, CBO, CSP, ICC Certified Building Official, Plans Examiner, Inspector Education • AS, Architecture - East Los Angeles College; BA, University of La Verne Registrations/Certifications • ICC Certified Building Official, Plans Examiner, Building Inspector Highlights Mr. Dorman has over 30 years of experience in Building and Safety. He serves as Building Official/Plan Checker/Inspector at various Transtech contract cities. He has extensive experience in construction codes, building and safety plan review and inspection, code interpretations, and resolving code related construction and plan review problems on a broad range of projects. Prior to joining Transtech, he has served in various capacities, including as Building Official/Code Administrator for the City of Pasadena. PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 14 MICHAEL ROBERTS, CBO, MCP, ICC Certified Building Official, Plans Examiner and Inspector Education • Associate of Applied Science, Building Inspection Technology – Chemeketa Community College, Salem Oregon • Fire Code Administration, National Fire Academy – Emmitsburg, Maryland Registrations/Certifications • ICC Certified Master Code Professional, Building Code Official, Building Official, Plumbing Inspector, Combination Inspector, Commercial Building Inspector, Accessibility Plans Examiner / Inspector, Commercial Energy Conservation Plans Examiner, Commercial Energy Conservation Inspector, Electrical Inspector, Commercial Electrical Inspector, Residential Electrical Inspector, Residential Energy Conservation Inspector, Residential Building Inspector, Residential Mechanical Inspector, Residential Plans Examiner, Mechanical Inspector, Commercial Mechanical Inspector, Fire Code Inspector, Fire Inspector II • ICBO Certified Structural Inspector, Plumbing Inspector, Mechanical Inspector, Building Plans Examiner, Fire Code Official Highlights Mr. Roberts has over 30 years of experience in municipalities, including governmental development administration. He has reached the highest possible level of code administration with the Master Code Professional designation certification from the International Code Council and has proven superior leadership abilities. He has served as Building Official, Community Development Director, Senior Plans Examiner, Plans/Residential Examiner, and Inspector for various municipalities and served as Principal Consultant. Serving as a Building Official for many years, Mr. Roberts provided the necessary code interpretations, and coordinated with agency staff and departments, and applicants on building and safety related issues. He has vast knowledge of municipal government operations, including preparation and presentation of staff reports and resolutions to city councils, committees, and related interaction with members of the public, other city departments, and other governmental agencies. JASON ROBBINS, CBO, CSP, ICC Certified Building Official, Plans Examiner, Inspector Education • A.A. and A.S. Degrees; Cal State LA, Computer Science (In Progress) Registrations/Certifications • ICC Certified Building Inspector, Commercial Building Inspector, Res. Combo, Building, Electrical, Mechanical, Plumbing Inspector, Permit Technician Highlights Mr. Robbins has over 8 years of experience working in governmental environments. He is assigned to various Transtech Contract Cities. He has served as Permit Technician and as Building Inspector under Transtech’s contract cities, including at the City of Alhambra, City of South Pasadena, City of Temple City, City of Montebello, and City of Seal Beach. Mr. Robbins also has experience working alongside Los Angeles County Staff at City of Commerce as a Permit Technician. ROBERT HERNANDEZ, ICC Certified Plans Examiner and Inspector Education • Coastline College, Electrical and mech code classes; Fullerton College, Building construction cod. Registrations/Certifications • ICC Certified Plans Examiner, Inspector-Res Building, Commercial, Res Plumbing, Commercial Plumbing Highlights Mr. Hernandez has over 30 years of experience and has served as Inspector and Plan Checker. His prior experience includes working for various cities as inspector and plan checker. CEM AYAN, PE, ICC Certified Plans Examiner and Inspector Education • M.S., B.S. in Civil Engineering Registrations/Certifications • Registered Civil Engineer • ICC Certified Plans Examiner, Inspector Highlights PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 15 • Experience includes working as Structural Design Engineer. Mr. Ayan has approximately 20 years of experience in engineering and construction. He works at various Transtech Contract Cities as Plan Checker and Deputy Building Official. His experience also includes both working for a construction company as construction engineer and for consulting firms design firms as design/field construction engineer. His field construction experience includes site start-up, site grading/paving/concrete work, excavation, backfill, vertical survey, storm & wastewater collection, shallow/deep foundation, structural work, M&E, brick work, gable/hip/flat roof, interior/exterior architectural finish, and CM/PM activities. JEFFREY KAO, PE, CBO, CASp, ICC Certified Building Official, Plans Examiner and Inspector Education • MS, BS Civil Engineering, Cal Poly Registrations/Certifications • Registered Civil Engineer; CASp • ICC Certified Building Official, California Building Plans Examiner, CalGreen Inspector, CalGreen Plans Examiner, Mechanical Plans Examiner, Plumbing Plans Examiner, Building Inspector Highlights Mr. Kao has over 20 years of experience and has been working at Transtech as Deputy Building Official, Senior Plans Examiner, On-Site Over the Counter Plans Examiner and performed plan checks for a variety of residential and commercial projects in Cities of Alhambra, South Pasadena, and Temple City. Mr. Kao has broad knowledge of building and safety operations, including working in the capacity of Deputy Building Official and Plans Examiner. His past experience includes working as a structural engineer for 4 years at a structural design firm. CALVIN CHANG, PE, ICC Certified Plans Examiner Education • MS, BS Civil Engineering Registrations/Certifications • Registered Civil Engineer • ICC Certified Plans Examiner Highlights • Chinese Cantonese and Mandarin Speaker • Extensive experience in Structural Plan Check Mr. Chang has 30 years of experience and has been working at Transtech as Deputy Building Official, Senior Plans Examiner, On-Site Over the Counter Plans Examiner. He has performed plan checks for a variety of residential and commercial projects in Cities of Alhambra, Temple City, Huntington Park, San Manuel Indian Reservation and San Bernardino. Prior to joining Transtech, he was a Sr. Plans Examiner at the City of Burbank. Mr. Chang has extensive experience in Building Codes, code interpretations and resolving code related construction and plan check problems on a broad range of residential and commercial projects. JONATHAN TARANGO, ICC Certified Building Inspector, CALGreen Inspector/Plans Examiner, Permit Technician Education • Construction Management, Fullerton College; General Education, Mount San Antonio College Registrations/Certifications • ICC Residential Building Inspector, Residential Plumbing Inspector, & Residential Electrical Inspector Highlights Mr. Tarango has over 6 years of City government experience working in many diverse communities. His experience includes working as a Building Inspector and Permit Technician at various Transtech contract cities. JOHN TUFAN, ICC Permit Technician, CalGreen Inspector/Plans Examiner Education • BA Public Administration PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 16 • University of Redlands MA in Management Registrations/Certifications • ICC Permit Technician Highlights Mr. Tufan has been working in Transtech’s Building and Safety Department and performing various clerical and technical duties in support of Building Inspection, Plan Checkers and Building Officials. Mr. Tufan acquired his ICC Permit Technician Certification and has worked in various contract cities including City of Alhambra, South Pasadena, Placentia, Commerce, Bell and many more. In addition to this, Mr. Tufan supports Transtech’s Engineering Department in various contract cities such as West Covina, South El Monte, Banning and Rosemead. GREGORY AHERN, ICC Certified Inspector, ICC Certified Fire Inspector Education • Associates of Science Degree – Public Works Construction - Citrus Community College • FT 101: Fire Protection Organization, FT 102: Fire Prevention Technology, FT 103: Fire Protection Equipment System, FT104: Building Construction/Fire Protection, FT 105: Fire Behavior & Combustion – Hancock Community College Registrations/Certifications • ICC Certified Residential Building Inspector, ICC Certified Residential Mechanical Inspector, ICC Certified Residential Plumbing Inspector. ICC Fire Inspector I, ICC California UST Inspector Certification • Hazardous Waste Operator and Emergency Operations Certification (HAZWOPER) • Aboveground Petroleum Storage Tank Inspector Certification EPA (APSA) Highlights Mr. Ahern has over twenty years’ experience inspecting commercial development in the City of Glendale. He has in depth experience inspecting high rise mixed use development projects, as well as industrial projects. FRANKIE LOPEZ, ICC Certified Building Inspector Education • Los Angeles Trade Technical College L.A. Ca ; A/S Degree in Inspection Technology, and A/A Degree in Offset Printing Registrations/Certifications • ICC Building Inspector, ICC Residential Building Inspector, I.C.B.O. Certified-1985-16108, CalOES SAP Evaluator Highlights Mr. Lopez has over 28 years of experience as a Building Inspector for the City of Los Angeles. His experience includes inspecting one- and two-family dwellings and inspecting foundations, electrical, heating, plumbing, framing (structural and non-structural), insulation, application of stucco, installation of roofing, and final completions on structures regarding residential homes. Mr. Lopez has completed several roofing, rain gutter installations, water sprinklers, heating/air conditioning and ductwork repair and installation projects. Prior to joining Transtech Engineers, Mr. Lopez worked as a Part Time Building Inspector for the Cities of Diamond Bar, San Dimas, San Gabriel, San Marino, Walnut and La Verne. JEREMY REED, ICC Certified Building Inspector, Permit Technician Education • Citrus College Registrations/Certifications • ICC Certified Building Inspector, Permit Technician Highlights Mr. Reed has over 9 years of experience working in governmental environments. He is assigned to various Transtech Contract Cities. Mr. Reed has served as a Permit Technician and a Building Inspector under contract cities such as City of South Pasadena, Alhambra, Hawaiian Gardens, West Covina and Maywood. Some of Mr. Reeds roles as a building inspector include conducting building, electrical, mechanical, and plumbing inspections; ensuring that all proper documents are obtained prior to finalization of permits; and answering questions that contractors, developers, engineers, or homeowners PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 17 may have regarding code requirements. Mr. Reed is the currently serving City of Maywood Building and Safety Division, he provides permit issuance and inspection services. NICHOLAS TARANGO, ICC Certified Building Inspector, Permit Technician Education • Fullerton College Registrations/Certifications • ICC Permit Technician, Residential Building Inspector Highlights Mr. Tarango’s experience includes working as a Permit Technician at local public agencies including City of South Pasadena and City of Alhambra. As a permit technician he performs preliminary review of permit applications and plan submittals for completeness and accuracy and determines appropriate fees. In addition, he also routes plans, issues permits, and manages logs and records, and provides information to the public relating to the status of projects and permits. CAN GOZUBUYUK, ICC Certified Inspector Education • MBA, Southern States University (SSU); BS, Engineering, Registrations/Certifications • ICC Certified Residential Building Inspector, Residential Mechanical Inspector, Residential Plumbing Inspector, Highlights Mr. Gozubuyuk has been working in Transtech’s Building and Safety Department as a Building Inspector for various contract Cities. Mr. Gozubuyuk quickly gained his ICC Residential, Plumbing, and Mechanical Certifications and continuously serves as a Building Inspector for the City of South Pasadena, Seal Beach, Alhambra, Temple City. Huntington Park and many more. Some of his roles as a building inspector include conducting building, electrical, mechanical, and plumbing inspections; ensuring that all proper documents are obtained prior to finalization of permits; and answering questions that contractors, developers, engineers, or homeowners may have regarding code requirements. STEVE RIVAS, ICC Certified Building Inspector, Permit Technician Education • Engineering and Construction Technology, Mount San Antonio College (In progress) Registrations/Certifications • ICC Certified Residential Building Inspector and Permit Technician Highlights Mr. Rivas’ is working as a Permit Technician at the City of West Covina. Some of his major responsibilities include processing permit applications electronically and answering any questions applicants might have regarding the permit process. Mr. Rivas has a passion for knowledge. Since joining the Transtech Team, he has received his Permit Technician Certification and Residential Building Inspector Certification through ICC. He is currently training to conduct Field Inspections. JULIE ROBBINS, ICC Certified Permit Technician Education • B.A., Political Science, University of La Verne • Associates in Business Administration; Paralegal Education; Political Science; General Education; SCACEO Code Enforcement Courses, Rio Hondo Community College Registrations/Certifications • ICC Certified Permit Technician • CACEO Certified Code Enforcement Officer Highlights • Spanish Speaker Mrs. Robbins has approximately 34 years of City Government and Building and Safety experience. Mrs. Robbins has been working in Transtech’s Building and Safety department in various contract cities PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 18 performing various clerical and technical duties in support of Building Inspections, Plan Checkers, and the Building Official. AMY CHAN, ICC Certified Permit Technician Education • B.A., Cal State, Long Beach Registrations/Certifications • Permit Tech, CalGreen Plans Examiner, and Inspector Highlights • Chinese Cantonese Speaker Ms. Chan has approximately 5 years of City Government and Building and Safety experience. Ms. Chan has been working in Transtech’s Building and Safety department in various contract cities performing various clerical and technical duties in support of Building Inspections, Plan Checkers, and the Building Official. Prior to working for Transtech Engineers Ms. Chan worked for the City of Arcadia as a Planning Intern. Some of her responsibilities included providing technical support to planning staff by conducting research, answering questions, and providing information to the public, preparing agendas and reports for review boards and meetings. During her time there, Ms. Chan examined various types of applications received from the city (i.e. rebuilding, modifications, etc.), wrote up conditional use, approval, and staff report letters, and working on updates regarding the general plan, zoning, and municipal codes. NATHAN ESTABROOK, ICC Certified Permit Technician Education • B.S., Cal State, Fullerton Registrations/Certifications • ICC Certified Permit Technician, First Aid CPR and BLS Certified Highlights Mr. Estabrook is working as a Permit Technician at the City of West Covina. Some of his responsibilities include processing permit applications and performing technical work for permit applications. He performs clerical work that supports the operations involved with the issuance and coordination of the building inspection and permit process. He also ensures that all necessary approvals are obtained. DAVID RAGLAND, PE, PLS, QSD, QSP, Sr. Engineer, Map and Engineering Plan Check Education • Humboldt State University, CA, Bachelor of Science Registrations/Certifications • Registered Civil Engineer • Licensed Land Surveyor Highlights Mr. Ragland is a civil engineer and land surveyor has over 30 years of diverse experience in a wide variety of projects in civil engineering. He has managed numerous multi-disciplinary teams dealing with the planning, engineering, entitlement, environmental permitting, development and construction of urban and rural development, and public works projects. His experience also includes special emphasis on complex grading and hillside developments (has worked on the civil engineering and development of more than 40,000 acres of hillside properties), preparation of due diligence and project feasibility analysis, through conceptual planning and design to entitlement and construction. MICHAEL ACKERMAN, PE, QSD, QSP, QISP, Sr. Engineer, Map and Engineering Plan Check Education • BS in Engineering Registrations/Certifications • RE Academy, Caltrans • Water Pollution Control Compliance on Construction Sites for RE, Caltrans • Construction Program Management Workshop, FHWA • Field Office Procedures Course, Caltrans PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 19 • California Work Zone Inspection – High Speed, Caltrans • Asphalt Concrete Inspection and Rehabilitation Strategies, Caltrans Highlights Mr. Ackerman has over 20 years of experience. At Transtech, he has been working as a Sr. Engineer at various Transtech City Engineering Contracts. He has served at various Cities under Transtech’s City Engineering Contracts, including Temple City, Huntington Park, and Alhambra. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. Mr. Ackerman’s experience also includes working at Caltrans and other agencies: o Caltrans District 8: Mr. Ackerman was a civil transportation engineer for Caltrans District 8 where he was involved in the design and construction of various projects. • City of San Bernardino: Mr. Ackerman was involved in various projects, including Development Review and Plan Check, Design and Project Management. • City of Huntington Park: Mr. Ackerman worked as contract City Engineer under Transtech’s municipal services contract and later as City Engineer and Interim Director of Public Works under the City. MELISSA DEMIRCI, RSP, Principal, Municipal Services Contract Manager Education • BS Civil Engineering, Cal Poly Pomona Registrations/Certifications • Licensed Roadway Safety Professional Highlights Ms. Demirci has over 12 years of experience in Contract and Project Management. She oversees our municipal contracts and will service as the Contract Principal for this contract. She has her BS Degree in Civil Engineering from Cal Poly Pomona. She coordinates and interfaces with Transtech’s Building and Safety Division to develop special projects to ensure a successful applicant experience during the plan review, permit issuance and inspection process. Her prior experience includes working at the City of Los Angeles, Mayor’s Office Energy and Environment Team. Melissa leads Transtech’s Community Benefit Enhancement (CBE) Program, which provides volunteer and financial support for civic and community activities in client cities. This program demonstrates Transtech’s commitment to the progress, health, and well-being of the communities we serve. This is something that we take pride in as a company. In services and partnership with our client Cities, we have a proven record of active engagement in City and Community events. This includes involvement or presence at City programs or events, supporting local businesses through the chamber, youth events, hosting workshops, sports, scholarship opportunities, community service, managing homelessness challenges, public safety, crime prevention, or any other community benefit that the City wishes us to be a part of. Our goal is not just to serve as a consultant (which is what we are best at) but to also be an active partner with our clients and further enhance the City’s reputation as an ideal community to live, invest, work, and play. We are deeply committed to maintaining our partnership with our valued customers, its community, and remain open and enthusiastic to receiving input on how to best serve the City's needs today and in the future. Sub Consultant: SOILS REPORT REVIEW SUPPORT: GEO-ADVANTEC, INC. (www.geoadvantec.com) Geo-Advantec, Inc. offers comprehensive services in various areas from site feasibility evaluation thought project completion for a wide range of projects and services, which include: Geotechnical Eng.; Eng. Geology; Geotechnical Earthquake Eng.; Geotechnical Instrumentation; Pavement Eng.; Forensic Geotechnical Eng.; Grading Monitoring and Field Testing; Soils & Materials Laboratory Testing; Special Inspection Services. Geo-Advantec owns a certified laboratory accredited by AMRL (ASSHTO Materials Reference Laboratory), in conformity to the requirements of the AASHTO Accreditation Program (AAP), AASHTO R-18, ASTM D3740 and ASTM E329; CCRL (Cement and Concrete Reference Laboratory); Caltrans; DSA (the Department of the State Architects); Army Corp of Engineers. Sub Consultant: LANDSCAPE PLAN REVIEW SUPPORT: WITHERS & SANDGREN, LTD. (www.withersandsandgren.com) Withers & Sandgren has been involved in providing varying levels of support to Community Development Departments for over twenty years. The firm has provided counter support for walk in plan reviews, been monthly Design Review Committee attendees, as well as presenters with planning staff to Planning Commissions and City Councils. PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 20 (f) Management Overview and Approach (f).1 Project Understanding The City of Azusa is currently seeking qualified firms to provide plan checking and inspection services on an on-going basis. In addition, the Economic and Community Development Department would like to right to reserve the use of the consultant for project management as needed. The City has been experiencing considerable growth and development over the last few years. New developments include: • Transit Oriented Developments Orchard and Lumia Projects: Owned by Serrano Development Group. The Orchard project includes 40,000 square feet of retail; 120 residential units and a 290 car parking structure. Lumia, which is set to come online in 2024 consists of a Five-Story building with 12,000 square feet of commercial area, and 127 residential apartment units with 126 parking spaces. • Azusa Pacific University: APU, a private university institution founded in 1899, is experiencing adjustments to their student population which requires appropriate measures to accommodate the changing needs of the student population. • ADU’s: Numerous converted to and new ADU units throughout the City. • A healthy industrial/warehouse base that is seeking to expand and modernize. • Commercial & Industrial Tennant Improvements Projects: Ongoing TI projects including; Costco, Verizon, Industrial office/warehouse TI projects, and numerous Strip Center TI projects throughout the City. • There are other large proposed projects in the works. A portion of the residential and tenant improvement plan checking is accomplished in-house with the balance being completed by outside plan checking firms. Plan review for all new commercial buildings, industrial buildings, multifamily buildings are completed by outside plan review firms. The City’s objectives are: 1. To hire two plans review firms that can provide complete plans review using the latest California Building Codes including the review of geotechnical reports. 2. To provide fast turn-around time for plan review. 3. To provide competent and quality services, with all needed corrections reported at first review. 4. To incur reasonable cost in providing plan review services. 5. To provide invoice slips with each returned plan review documenting time spent. 6. To provide annual reviews of plan check consultant’s performance and agreement. 7. To provide Building Inspection services, on an as needed basis. The scope of services would be as follows. 1. Plan Checking: At the pleasure of the City, the consultant will check and review residential and/or non-residential plans for compliance with City and State Building codes. 2. The consultants plan check staff will be available to meet with City staff and/or the applicant as needed. PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 21 3. Plan Checking-Geotechnical Review Services: Upon request of the City, consultant will provide geotechnical review services as required by the State Resources Code. 4. Plan Delivery: The City would prefer all efforts to allow for a E-review process of all plans. Any alternative recommendations shall be disclosed via your proposal. 5. Invoice slips: Invoice slips shall be provided with every plan check return. The invoice slip shall clearly state the date, time and total hours spent on the plan check. 6. Building Inspection: Provide building inspection services as needed and within two days of request. Consultant shall provide fully qualified inspectors who hold current ICC certifications in Building, Electrical, Plumbing, and Mechanical inspections and have a minimum of five years’ inspection experience. 7. Additional Services: Consultant will provide additional services as requested by the City, based on its hourly rates. (f).2 Service Approach Transtech’s unique “Customer Care” approach in delivering Building and Safety Services in an efficient, cost- effective, and timely manner:  Transtech is well known in providing Cost Effective Services on time with a customer friendly and responsive approach.  Our services are founded on the principles of Total Quality Management for Total Customer Care.  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.  We start by working with the applicant early on and during plan review to help them prepare a set of plans which have all of the required information clearly and logically presented.  Additionally, we never hesitate to make suggestions which help eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. Experience has taught us well that inspection time and applicant frustration can both be substantially reduced, while increasing overall compliance, by producing a better set of plans during the plan review process. And in the case of homeowners, this policy often demonstrates early on that the City really is truly a partner in a process that can often be a source of stress and tension for many applicants, and we fully understand that.  This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan.  Transtech provides all plan check comments on electronic files. All plan check comments are provided on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are fully detailed to explain the Code deficiency.  To help the applicant better understand the problem, Transtech provides as much information during plan review as possible. We believe that if the applicant has a clear understanding of the problem, he or she can take the necessary steps to correct the condition. This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan. Unclear and/or cryptic corrections are never written, PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 22 and all correction lists, except those written over the counter, are typed and printed on a laser printer.  Our plan checkers confer early on and respond to questions from the architect, engineer, designer, applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks where the plan corrections.  Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field.  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.  Responsiveness is an integral part of Transtech’s “customer friendly” service approach.  We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest and conduct business.  Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services. Electronic Plan Check and Virtual Meeting Calendar set-up: Transtech has integrated many technological assets into its services to provide most efficient and cost- effective service. We provide fully automated electronic plan submittal, checking and tracking. We provide this on our company portal, as well as offer same portal to our client cities on their web sites. Virtual Counter: We offer virtual meetings with plan checkers. Please click here to explore the virtual plan check counter appointment calendar for one of the Cities, Electronic Plan Check: Transtech provides all Electronic Plan Check. Please click here for a sample of our electronic plan check portal at one of our contract Cities. We offer electronic plan check submittal portal to our client cities at no additional cost. Following are sample snap shots of various types of electronic plan checks. PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 23 PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 24 PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 25 Plan Check Processing: When a plan check order is received, it is logged and reviewed by Building Staff and then assigned to applicable plan checkers. The plan check duration is monitored thru the plan check log data base, which generates messages at identified intervals to inform plan checker and supervising Sr. Staff so that they are aware of how the progress and status continuously. If any potential delay is monitored, necessary steps are taken, such as meeting with plan checker to review the schedule, workload, performance, and identify actions, including assigning additional staff, if necessary, to ensure timely completion of assignment. Plan Check Coordination: • Our plan checkers respond to questions from the architect, engineer, designer, applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks. • Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. This pro-active approach reduces inspection time and questions, and applicant frustration, while increasing overall compliance, by producing a better set of plans during plan review process. Especially, when the applicant is a homeowner trying to improve his/her property, this policy often PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 26 demonstrates early on that the City really is here to help. Approach to Meeting with Applicants: Our staff is available to applicants by phone and through email or through virtual meeting for questions or available to meet for rechecks if necessary. Our policy is to meet with applicants virtually via TEAMS or ZOOM but we also have an available facility at our office meetings with applicants. Expedited/Off-Business Hours/Weekend Services: If the City receives a request from applicants for expedited plan check services, Transtech staff is able to provide additional resources to accommodate such a request. If the City requests inspection services, Transtech staff will provide additional resources to accommodate inspection requests during off business hours and weekends. Emergency Response: In the event of a local or regional emergency or disaster, our staff will be accessible to the extent feasible based on the conditions and circumstances. All of our building officials and inspectors have gone through extensive training to be SAP Evaluator and registered with the State of California Safety Assessment Program. Plan Check Turnaround Transtech will provide plan checks on a quick turn-around schedule. Applicant will be able to see online on real time the progress of plan check submittals. Service –Plan Check Average Timeframe for Delivery Residential additions, minor plan checks, Tenant Improvements 5 to 10 business days Subsequent & resubmitted plan checks; new single-family house; and, simple tenant improvements for non-residential buildings 5 to 10 business days Major plan checks such as multi-family residential, commercial and other non-residential projects 10 to 15 business days Special Projects such as mixed uses and complex projects typically with valuation over $3,000,000 15 business days to 25 business days depending on size and complexity of the project PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 27 (g) Fee Proposal BUILDING AND SAFETY (Rates are valid through June 30, 2025 PLAN REVIEWS 59 % of the plan check fees as per City Fee Schedule GEOTECHNICAL REVIEW SERVICES As needed per the Schedule of Hourly Rates BUILDING OFFICIAL $175.00 As needed INSPECTOR $115.00 As needed PERMIT TECHNICIAN $73.00 As needed ANY OTHER SERVICES REQUESTED BY THE CITY As needed per the Schedule of Hourly Rates All fees are increased each year July 1st automatically by the percentage change Los Angeles- Long Beach-Anaheim California 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. Where no fees collected or reduced, and other additional services requested shall be per the hourly standard rates. PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 28 Following is Transtech’s Fee Schedule for all staff classifications: Field Technician $90 -$105 Labor Compliance Analyst $150 -$165 Engineering Technician $100 -$115 Funds Coordinator $160 -$175 Assistant CAD Drafter $110 -$125 Office Engineer $150 -$165 Senior CAD Drafter $130 -$145 Construction Inspector $150 -$165 Associate Designer $145 -$160 Senior Construction Inspector $160 -$175 Senior Designer $160 -$175 Construction Manager $180 -$195 Design Project Manager $200 -$215 Sr. Construction Manager. Resident Engineer $195 -$210 Assistant Engineer $120 -$135 Associate / Staff Engineer $155 -$170 Public Works Inspector $150 -$165 Senior Civil Engineer $210 -$225 Senior Public Works Inspector $160 -$175 Traffic Analyst Technician $105 -$120 Supervising PW Inspector $170 -$185 Associate Traffic Analyst $160 -$175 Senior Traffic Analyst $170 -$185 Survey Analyst $160 -$175 Professional Transportation Planner $185 -$200 Senior Survey Analyst $165 -$180 Traffic Engineer Technician $100 -$115 2-Man Survey Crew $365 -$400 Associate/Staff Traffic Engineer $155 -$170 Survey & Mapping Specialist $195 -$210 Traffic Engineer $180 -$195 Licensed Land Surveyor $220 -$235 Senior Traffic Engineer $195 -$210 Project Manager $195 -$210 Funds Analyst $150 -$165 Senior Project Manager $215 -$230 Senior Funds Analyst $160 -$175 Deputy City Engineer $185 -$200 Grant Writer $175 -$190 City Engineer $200 -$215 Funds & Grant Project Manager $195 -$210 Principal Engineer $215 -$230 Community Development Technician $80 -$95 Permit Technician $80 -$95 Planning Technician $95 -$110 Plan Check Technician/Analyst/Supervisor $130 -$145 Assistant Planner $115 -$130 Building Inspector $125 -$140 Associate Planner $130 -$145 Senior Inspector $135 -$150 Senior Planner $155 -$170 Plans Examiner/Checker $150 -$165 Planning Manager $180 -$195 Plan Check Engineer $165 -$180 Deputy Building Official $170 -$185 Administrative/Clerical $75 -$90 Building Official $175 -$190 Project Accountant $85 -$95 TRANSTECH ENGINEERS, INC. SCHEDULE OF HOURLY RATES Effective: Thru June 30, 2025 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. The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California 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. FUNDING & GRANT WRITING PLANNING ADMINISTRATIVE STAFF SURVEY AND MAPPING PUBLIC WORKS INSPECTION BUILDING & SAFETY ENGINEERING CONSTRUCTION MANAGEMENT PLAN REVIEW AND INSPECTION SERVICES FOR BUILDING DIVISION Proposal 29 Appendix: Insurance Transtech’s current Insurance Info is provided below. Transtech is currently under contract with the City for services. If selected by the City for this project, we will appreciate the opportunity of having our Attorney discuss the final contract language to ensure our insurance is in compliance with current laws and regulations and meets the City’s requirements with the City’s Attorney. Following items may be discussed: • For insurability purposes, any duty to defend which is not expressly deleted or defined as a reimbursement to the extent of the adjudicated negligence will present insurability issues. • Insurance may not cover payment for any of the City’s’ defense related cost prior to a final determination of liability or to pay any amount that exceeds Contractor’s finally determined percentage of liability based upon the comparative fault of Contractor. Consultant should reimburse all reasonable attorneys’ fees as part of City’s total damages tied directly to Consultant’s determined percentage of fault. • For insurability purposes, one of the most important contract terms is to ensure the word "negligent" is evident in the indemnity clause. Absent a negligence trigger for claims, a client or owner could present claims with no allegations of negligence, and the professional liability may have coverage implications. Inserting "negligent" acts, errors, or omissions can help make the entire indemnity subject to an appropriate standard of care. • Many contracts use phrases such as: “arising out of or in connection with". This can allow the certificate holder to assert claims that vaguely involve our scope of services. By replacing such phrases with "but only to the extent actually caused by", the claimant must establish that the negligence was the proximate cause of the damage, otherwise known as direct causation, would be insurable. • For insurability purposes, we suggest limiting the obligation to only those parties with whom we have the contract, or who are in direct contractual privity to the project owner. • For insurability purposes, in the event of any dispute between the Parties related to this Agreement or this Project, we recommend that the Parties agree to first negotiate in good faith toward a resolution with participation by representatives of each Party holding sufficient authority to resolve the dispute. If such dispute cannot be resolved in this manner, before any action or litigation is initiated other than as required to secure lien rights, the dispute should be submitted to mediation using the American Arbitration Association or another mediator as mutually selected by the Parties. Such mediation should be completed within a reasonable period of time following either Party’s written demand with each Party to bear an equal share of the mediation fees and its own respective attorney and consultant fees and costs.” 8513273_1 CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1.PARTIES AND DATE. This Agreement is made and entered into this 19th day of August 2024 by and between the City of Azusa, a municipal corporation organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702 (“City”) and Transtech Engineers Inc., plan review and inspection services ; with its principal place of business at 13367 Benson Avenue Chino, CA 91710 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” 2.RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing plan review and inspection services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the plan review and inspection services ("Project") as set forth in this Agreement. 3.TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional plan review and inspection consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "3" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2024 to June 30, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement if necessary to complete the Services. Attachment 1 PROFESSIONAL SERVICE AGREEMENT – TRANSTECH ENGINEERS, INC. Page 2 of 19 8513273_1 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the 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. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “1” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Dennis Tarango, CBO, Principal Building Official; and Ayla Jefferson, CBO, Principal Building Official 3.2.5 City’s Representative. The City hereby designates the Director of Economic and Community Development , or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee. PROFESSIONAL SERVICE AGREEMENT – TRANSTECH ENGINEERS, INC. Page 3 of 19 8513273_1 3.2.6 Consultant’s Representative. Consultant hereby designates Dennis Tarango, CBO, Principal Building Official, or his/her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub- consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “1” or “3” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). 3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant PROFESSIONAL SERVICE AGREEMENT – TRANSTECH ENGINEERS, INC. Page 4 of 19 8513273_1 shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub- subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. PROFESSIONAL SERVICE AGREEMENT – TRANSTECH ENGINEERS, INC. Page 5 of 19 8513273_1 3.2.10.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel- powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Consultant’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Consultant’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care PROFESSIONAL SERVICE AGREEMENT – TRANSTECH ENGINEERS, INC. Page 6 of 19 8513273_1 requirements set forth in this Agreement, Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Consultant with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.11.2 Minimum Requirements. 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 which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. PROFESSIONAL SERVICE AGREEMENT – TRANSTECH ENGINEERS, INC. Page 7 of 19 8513273_1 (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement. 3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to limits. 3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Azusa, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self- insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the 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 PROFESSIONAL SERVICE AGREEMENT – TRANSTECH ENGINEERS, INC. Page 8 of 19 8513273_1 borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employers’ Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, 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, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. PROFESSIONAL SERVICE AGREEMENT – TRANSTECH ENGINEERS, INC. Page 9 of 19 8513273_1 3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. PROFESSIONAL SERVICE AGREEMENT – TRANSTECH ENGINEERS, INC. Page 10 of 19 8513273_1 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “1” attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO MILLION TWO HUNDRED NINETY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($2,295,000.00) for three fiscal years without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement and schedule of hourly rates which indicates work completed and hours of Services rendered by Consultant. Any increase in the schedule of hourly rates must be approved by the City and the request for any increase cannot be more than once per year in July. The increase must be justified with the appropriate consumer price index percentages from the Bureau of Labor Statistic for the Los Angeles Area. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.5 Prevailing Wages. Consultant 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 applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant 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, classification 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 at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. PROFESSIONAL SERVICE AGREEMENT – TRANSTECH ENGINEERS, INC. Page 11 of 19 8513273_1 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 Ownership of Materials and Confidentiality. 3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. PROFESSIONAL SERVICE AGREEMENT – TRANSTECH ENGINEERS, INC. Page 12 of 19 8513273_1 3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subcontractors, or those provided to Consultant by the City. 3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re- use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.5.4 Confidentiality. All Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6 General Provisions. 3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Transtech Engineers 13367 Benson Avenue Chino, California 91710 PROFESSIONAL SERVICE AGREEMENT – TRANSTECH ENGINEERS, INC. Page 13 of 19 8513273_1 Attn: Dennis Tarango, CBO, Principal Building Official City: City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 Attn: City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.2 Indemnification. 3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless AGENCY 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 the 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 legal liability thereof) in the performance of services under this AGREEMENT. CONSULTANT’s duty to indemnify and hold harmless AGENCY shall not extend to the AGENCY’s sole or active negligence. 3.6.2.2 Duty to Defend. In the event the AGENCY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by AGENCY, CONSULTANT shall defend the AGENCY at CONSULTANT’s cost or at AGENCY’s option, to reimburse AGENCY for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by AGENCY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and AGENCY, as to whether liability arises from the sole or active negligence of the AGENCY or its officers, employees, or agents, CONSULTANT will be obligated to pay for AGENCY’s defense until such time as a final judgment has been entered adjudicating the AGENCY as solely or actively 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. 3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to any and all contract requirements pertaining to notices of and requests for PROFESSIONAL SERVICE AGREEMENT – TRANSTECH ENGINEERS, INC. Page 14 of 19 8513273_1 compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.9 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.10 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. 3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed PROFESSIONAL SERVICE AGREEMENT – TRANSTECH ENGINEERS, INC. Page 15 of 19 8513273_1 by the Parties. 3.6.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.15 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 3.6.16 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.18 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. [SIGNATURES ON NEXT PAGE] PROFESSIONAL SERVICE AGREEMENT – TRANSTECH ENGINEERS, INC. Page 16 of 19 8513273_1 CITY OF AZUSA TRANSTECH ENGINNERS INC. By: _________________________________ By:__________________________________ Robert Gonzales, Mayor Allen Cayir, President Attest: ____________________________________ Jefferey Lawrence Cornejo Jr., City Clerk By:__________________________________ Sybil Cayir, Secretary Approved as to form: Best Best & Krieger LLP _____________________________________ City Attorney A-1 8513273_1 EXHIBIT “A” SCOPE OF SERVICES The scope of services would be as follows: 1. Plan Checking: At the pleasure of the City, the consultant will check and review residential and/or non-residential plans for compliance with City and State Building codes. 2. The consultants plan check staff will be available to meet with City staff and/or the applicant as needed. 3. Plan Checking-Geotechnical Review Services: Upon request of the City, consultant will provide geotechnical review services as required by the State Resources Code. 4. Plan Delivery: The City would prefer all efforts to allow for a E-review process of all plans. Any alternative recommendations shall be disclosed via your proposal. 5. Invoice slips: Invoice slips shall be provided with every plan check return. The invoice slips shall clearly state the date, time, and total hours spent on the plan check. 6. Building Inspection: Provide building inspection services as needed and within two days of request. Consultant shall provide fully qualified inspectors who hold current ICC certifications in Building, Electrical, Plumbing, and Mechanical inspections and have a minimum of five years’ inspection experience. 7. Additional Services: The consultant will provide additional services as requested by the City, based on its hourly rates. B-1 8513273_1 EXHIBIT “B” SCHEDULE OF SERVICES SEE PROPOSAL, PAGE 12 D-1 8513273_1 EXHIBIT “C” COMPENSATION Consultant shall submit to City a monthly itemized statement and schedule of hourly rates which indicates work completed and hours of Services rendered by Consultant. Any increase in the schedule of hourly rates must be approved by the City and the request for any increase cannot be more than once per year. The increase must be justified with the appropriate consumer price index percentages from the Bureau of Labor Statistic for the Los Angeles Area.