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Home My WebLink AboutE-11 Staff Report - Library Project Management Services CONSENT ITEM E-11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: NICO DE ANDA-SCAIA, DEPUTY CITY MANAGER DATE: FEBRUARY 18, 2025 SUBJECT: AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERING, INC. TO PROVIDE PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE AZUSA LIBRARY CRITICAL INFRASTRUCTURE AND MODERNIZATION PROJECT BACKGROUND: In January of 2024, the Azusa City Library was awarded a competitive grant through the California State Library ‘Building Forward Facilities Improvement Program’ in the amount of $6,497,703. This grant program funds capital projects for public library buildings that address critical maintenance needs, safety upgrades, improve energy efficiency and sustainability, extend digital access, and expand physical access to library facilities. The City of Azusa previously approved and allocated a required local match amount of $3,248,847 toward this project, for a total project estimate of $9,746,550. In June of 2024, the City awarded a Professional Services Agreement with IDS Group in an amount not- to-exceed $822,639 for design-related consulting services for the Azusa Library Critical Infrastructure and Modernization Project. This project is currently in its final stages of construction document development, plan check and permitting support. In advance of bidding the project for construction, staff engaged in discussions with one of the City’s on-call consultants, Transtech Engineering, LLC., to provide a proposal for project/construction management support services. Staff received Transtech’s final, negotiated proposal on February 11, 2025. The recommended action awards a Professional Services Agreement to Transtech Engineering, Inc., in an amount of $429,200.00 for project/construction management support consulting services for the Azusa Library Critical Infrastructure and Modernization Project. These services will be implemented in the following stages: pre-construction support, construction management, and post-construction phase services through project close-out. RECOMMENDATIONS: Staff recommends the City Council take the following actions: Approved City Council February 18, 2025 Library Modernization Project - Professional Services Agreement February 18, 2025 Page 2 1) Award a Professional Services Agreement with Transtech Engineering, Inc. for Project/Construction Management consultation services, including pre-construction, construction management, and post-construction phase coordination services through project close-out, in an amount not to exceed $429,200.00; 2) Authorize staff to administratively approve up to a 10% or $42,920 contingency for unanticipated project change orders; and 3) Authorize the City Manager to execute an Agreement with Transtech Engineering, Inc., in a form acceptable to the City Attorney, on behalf of the City, subject to non-substantive changes made by the City Manager and City Attorney, including any contingency amendments. ANALYSIS: The current Azusa City Library building opened in 1959. Since that time, no major improvements have been made to the building with the exception of limited flooring and bathroom upgrades in 2019, and the replacement of HVAC units in 2023. Various critical maintenance, energy efficiency, accessibility, and infrastructure improvements are necessary at this time to ensure long-term continuity of programs and quality services for the community. Toward this end, the City conducted a building assessment in 2023 and applied for and was awarded state grant funding for the ‘Azusa Library Critical Infrastructure and Modernization’ Project in 2024. This project will be a full-scale renovation of the library, including major structural and design improvements to both the exterior and interior of the building. Over the past several months, the City’s integrated design consultant, IDS Group, and city staff have worked together to develop the project’s design plans, specifications, cost estimates, and construction documents. The project is currently in its final stage of construction document development, plan check and permitting. In advance of bidding the project out for construction, which is anticipated to begin in March/April 2025, the City desires to enter into a professional services agreement with Transtech Engineering, Inc. for project/construction management support services through completion of the project. Transtech is currently a pre-approved vendor included on the City’s on-call list for professional services related to building plan review, inspection services, staff augmentation, CIP project and program management, and construction management services. Following the review and careful consideration of proposals received by the City’s on-call consultants, as well as one additional firm that also specializes in library renovation projects, staff determined Transtech to be the preferred consultant for this project as their qualifications, relevant project experience, overall capacity, fees, and accessibility were most aligned with the City’s needs. Pending Council’s consideration and approval, Transtech’s services will be implemented in the following stages: pre-construction support, construction management, and post-construction phase services through project close-out. Staff plans to return at future meetings for Council approvals related to authorization to bid the project for construction, award of construction contract, 3rd party specialty inspection/material testing, and purchase of FF&E, among other items. Library Modernization Project - Professional Services Agreement February 18, 2025 Page 2 FISCAL IMPACT: The Azusa City Library was awarded a grant in the amount of $6,497,703 through the California State Library (CSL) Building Forward Facilities Improvement Program for this project. Council accepted grant funds and approved $3,248,847 in additional required local match funding at their November 20, 2023 Regular Meeting – for a total approved project budget of $9,746,550. The recommended action awards a contract to Transtech Engineering, Inc., in the amount of $429,200.00 for project/construction management services associated with this project. An additional $42,920.00 (10% of the contract) is requested for contingency, for a total not-to-exceed amount of $472,120.00. Construction management costs are an allowable expense under the State library grant, and the cost of this agreement will be paid out of approved and budgeted project funding sources. The following is a summary of approved budget funding sources for this project: $6,497,703 from CSL grant under account 2830511086-7125/51024A-7125 (City has already received $3,248,852 of this amount); $2,500,000 (including $2,000,000 in General Fund CIP and $500,000 from the General Fund Excess Reserves) under account 1080000510-7125/51023A-7125; and $748,847 in public benefit funds under account 2440739082-6625/51024B-6625. Upon Council approval, staff will charge this contract under account 2830511086-7125/51024A-7125 as permitted by the grant draw-down guidelines. Prepared by: Reviewed by: Nico De Anda-Scaia Robert Delgadillo, P.E. Deputy City Manager Director of Public Works/City Engineer Reviewed and Approved: Sergio Gonzalez City Manager Attachments: 1) Proposal for Project & Construction Management Services – Transtech Engineering, Inc. 2) Professional Services Agreement – Transtech Engineering, Inc. Cover Letter Azusa Library Improvement Project, Construction Management Service February 11, 2025 City of AZUSA 213 E Foothill Boulevard Azusa, CA 91702 Attn: Nico De Anda-Scaia, Deputy City Manager Azusa Library Improvement Project Construction Management Services Dear Mr. De Anda-Scaia: As requested, Transtech is pleased to submit this Construction Management Service Level and Budget Estimate for Azusa Library Improvement Project. Established in 1989, Transtech (a California Corporation) is a multi-disciplinary engineering consulting firm. Transtech has been in business for over 35 years and is providing municipal services to approximately 80 public agencies. 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. Transtech is a multi-disciplinary municipal engineering consulting firm. Our service capabilities include: • Building & Safety Services, Building Inspection, Plan Check, Building Evaluations, City Building Official, 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 Engineering • Water Resources Engineering • Surveying, Mapping, ALTA, Right-of-way Engineering • Emergency, Support Services Transtech has experience in various types of projects: • Parking Structures • Community Centers • City Halls, Libraries • Fire Stations • Master Planned Development • Streets • Utilities, Water, Drainage, Sewer • ADA Improvements • Traffic Signals • Street Lighting • Bridges • Parks and Playgrounds Thank you for the opportunity to submit this information. Should you have any questions, or require additional information, please contact the undersigned, Sincerely, Ali Cayir Ali Cayir, PE, PE, Principal E: Ali.cayir@transtech.org; C: 714-883-8677 About Transtech Video Highlight: CLICK HERE www.transtech.org Azusa Library Improvement Project, Construction Management Service Table of Contents Table of Contents Section Page 1. Project Understanding 1 2. Budget Request from City and Transtech’s Response 3 3. Typical Scope of Services 5 4. Service Approach 7 5. Staff Qualifications and Resumes 11 6. Similar Experience 18 7. References 23 Azusa Library Improvement Project, Construction Management Service Proposal 1 1. Project Understanding Project Information (summary from Architectural Plan Shet G-001): Proposed Improvements (Info from Architectural Plan): State Library Grant (found on State Library Grant Program Web-site): The project has received $6,497,703 Grant from State’s “Building Forward: Library Facilities Improvement Program, Round 2”. Plan Approval Status: Plans are in review. One of the items that will need to be cleared is LA County Fire Prevention requirement regarding Fire Sprinkler System. LA County serves as City’s Fire Department, and performs Fire Plan Check and Inspection. The Code states for newly constructed Libraries exceeding 12,000 sf. of floor area or with an Azusa Library Improvement Project, Construction Management Service Proposal 2 occupant load of 300 or more, fire sprinklers are required. The architect will need to clear how the County Fire will apply this code requirement to this project. Few Preliminary Observations from Architectural Plans: Plan Sheet A-131, NOTE 1: REMOVE ROOF SHEETING IN ITS ENTIRETY Further clarification/detail from the Architect about staging of roof sheeting removal and reinstallation will help the bidders prepare their bids and schedule, and eliminate any misunderstanding that the contractor can remove entire roof sheeting first and then start re-sheeting. The roof sheeting is generally removed in sections and replaced, especially in the perimeter areas to maintain continuous connection of roof diagram to building walls. Plan Sheet S-003: STRUCTURAL AND SPECIAL INSPECTION Azusa Library Improvement Project, Construction Management Service Proposal 3 2. Budget Request from City and Transtech’s Response Following is our Appr. Staff Time/Budget Allocation Estimates: Project Phase Total Hrs Total Fees Ave. Rate $225 Ave. Rate $175 Appr. %:10.00%Appr. %:5.00% Appr. Hrs:32 Appr. Hrs:16 Appr.. Budget::$7,200 Appr.. Budget::$2,800 Ave. Rate $225 Ave. Rate $175 Appr. %:50.00%Appr. %:50.00% Appr. Hrs:1,040 Appr. Hrs:1,040 Appr.. Budget::$234,000 Appr.. Budget::$182,000 Ave. Rate $225 Ave. Rate $175 Appr. %:2.50%Appr. %:2.50% Appr. Hrs:8 Appr. Hrs:8 Appr.. Budget::$1,800 Appr.. Budget::$1,400 2,144 $429,200 Months 16 $3,200 Project Close- out Phase Support Assumed Duration Sr. PM, CM PM, CM, Project Control Assumed Duration 13 2 Appr. Staff Hrs/Budget Allocation Appr. Staff Hrs/Budget Allocation Appr. Staff Hrs/Budget Allocation Appr. Staff Hrs/Budget Allocation Months Assumed Duration 2 Months Approx. Staff Time/Budget Allocation Estimates Plan Sheet S-003 S shows structural observation and inspection requirements. It is assumed Structural Engineer of Record (IDS) would do the structural observations. There maybe some concrete testing and insp. by 3rd party, as well as welding. Re Welding, it appears, because of the amount of wood framing, field spot weld may not be feasible, and most steel connections may have to be done off-site or connected via bolting. There maybe concrete, rebar, etc. special inspections necessary. The City, as the owner would be responsible to retain specialty inspectors. Above rates and hrs are average, and may vary within phases as necessary based on work flow and conditions to provide efficient and cost effective services. Totals 48 $10,000 2,080 $416,000 Pre-Construction Phase Support Construction Phase Support Sr. PM, CM Appr. Staff Hrs/Budget Allocation PM, CM, Project Control PM, CM, Project Control Appr. Staff Hrs/Budget Allocation Sr. PM, CM Azusa Library Improvement Project, Construction Management Service Proposal 4 STRUCTURAL OBSERVATION AND SPECIAL INSPECTION: • PLAN SHEET S-003 S SHOWS STRUCTURAL OBSERVATION AND SPECIAL INSPECTION REQUIREMENTS. • PER THE PLANS, STRUCTURAL ENGINEER OF RECORD (SEOR) IS IDS, AND IT IS ASSUMED IDS WILL DO THE STRUCTURAL OBSERVATIONS. • THERE MAYBE SOME CONCRETE, REBAR, ETC. SPECIAL INSPECTIONS NECESSARY, AS WELL AS WELDING INSPECTION (NOTE RE WELDING: IT APPEARS, BECAUSE OF THE AMOUNT OF WOOD FRAMING, FIELD SPOT WELD MAY NOT BE FEASIBLE, AND MOST STEEL CONNECTIONS MAY HAVE TO BE DONE OFF-SITE OR CONNECTED VIA BOLTING. • CITY SHOULD CONSIDER ALLOCATING A BUDGET FOR SPECIAL INSPECTION SERVICES. PRE-DEMO HAZ-MAT REPORTS: We had our Haz-Mat consultant do a cursory look at the Haz-Mat and Lead Paint Reports provided by the City. Following Limited Haz-Mat and Lead Paint Reports were prepared by VERT and TITAN: 1. Limited asbestos survey report - performed on September 9, 2024, by VERT Environmental (VERT): • Only the brown/white acoustical ceiling tiles in the library were tested. No asbestos detected, • No mention of any substrate material or how the tiles were attached to the ceiling (glued-on, nailed-on, etc.). • The substrate material may also contain asbestos. • If glued-on, the glue/adhesive may contain asbestos. • The report is limited only to the materials and areas tested. • No photos included in the report 2. Limited asbestos survey report - performed on November 28, 2018, by TITAN Environmental Solutions (TITAN): • Plaster and skim coat material were tested in the break room and cubicle room #2. No asbestos detected. The report does not specify if the samples were collected on walls or ceilings. • Tan carpet mastic was tested in Cubicle rooms #1 & #2, hallway, and classroom. No asbestos detected. • 12”x12” off-white vinyl floor tiles and black mastic were tested in the server room. Both materials were confirmed to contain asbestos. Removal of this material must be performed. The tiles were reported to be in damaged condition. Current updated condition assessment is required. If damaged, a special SCAQMD Rule 1403 Procedure 5 (P5) plan may be required. • Green vinyl cove base and tan/brown mastic was tested in the breakroom and cubicle #2. No asbestos detected. • The report is limited only to the materials and areas tested. • The survey is 6 years old. The SCAQMD may require an updated inspection/report to ensure the condition of the material have not changed and no new material has been introduced. • No photos included in the report 3. Limited lead survey report - performed on November 28th, 2018, by TITAN: • Only the plaster wall and vinyl cove base material in cubicle room #2 and break room, as well as wall and floor material in the break room restroom were tested. • The green vinyl cove base in cubical room #2 had low detectable levels of lead. Removal of this material • The green and tan ceramic wall and floor tiles in the breakroom restroom were confirmed lead glazed. Removal of this material requires a licensed and CA Dept of Public Health (CDPH) certified lead abatement contractor under full isolation/containment protocol. • The report is satisfactory as a preliminary limited lead surface coating assessment, but only applies to the tested surfaces and locations. City should consider following: A. The above limited asbestos and lead survey reports may not be sufficient for this project. The SCAQMD may not accept the limited reports. OSHA also requires a full lead assessment prior to renovation work. A comprehensive asbestos and lead identification survey should be considered to include all interior suspect material and surface coatings, roof, and exterior, etc. • Suspect asbestos material include plaster and finish coats with gypsum lath, drywall & joint compound and/or skim coat, vinyl floorings, backings and adhesives, mirror adhesives, wall paper or other wall covering glue/adhesives, ceramic tile grout and underlayments, vinyl cove base adhesives, hardwood floor adhesives, floor and wall cavity & substrates vapor barriers, window putty/glazing, textured wall/ceiling material, acoustical spray applied ceiling material, blown-in attic insulation, vermiculite insulation in attic and wall cavities, heating air duct air duct related component insulation, furnace insulation, roofing material layers and mastics, exterior stucco layers, domestic hot water pipe insulation, heater exhaust flue pipes, toilet sewer gas exhaust flue pipes, kitchen exhaust hoods, wall cavity insulation, structural steel fireproofing, gaskets, boiler insulation, concrete masonry unit grout/mortar, concrete slab expansion joint caulkings, concrete, asphalt, fire brick grout and mortar, and many more. • Suspect lead surface coatings. B. Destructive exploration should be considered in wall and ceiling cavities as well as floor substrates to identify and test all hidden suspect material that could be impacted by the planned renovation activities. C. A Universal Hazardous Material/Waste assessment should be considered to identify and enumerate suspect fluorescent light bulbs/tubes, ballasts, lead-acid batteries, mercury thermostats, Polychlorinated Biphenyl (PCB) oils, electronics, and more. Azusa Library Improvement Project, Construction Management Service Proposal 5 3. Typical Scope of Services 1. Pre-Construction Phase Services Provide Support and assistance to City: • Final bid package compilation. • Bid advertisement. • Pre-bid meeting. • Coordinating with Design Architect for preparation of Addenda in in response to questions received from bidders. • Bid analysis. • Contract Award Process. • Pre-Construction conference with selected contractor and stake holders. • Baseline schedule review. • Coordinating with the Architect the review and approval of pre-submittals (RFI’s, Shop Drawings, submittals.) • Preparing Meeting notes and other documentation for the pre-construction activities performed. 2. Construction Phase Services Provide support and assistance to City: • Project Documentation. • Project/Schedule/Cost Review. • Change Order Review. • Daily Reports. • Construction Observation. • Contract Time Monitoring. • Labor Compliance. • Quality Assurance. • Progress Meetings. • Project Punch List. • Library Grant Reporting. • Daily Reports (Provide/Review) • Progress Meetings (minimum once/month on site and otherwise virtual. Include meeting notes and documentation) • Processing/circulation of RFIs and submittals and maintaining log of these. • Confirm GC is maintaining proper redline set through construction phase • Project budget/expense tracking • Contract administration/Submittal procedures • Evaluate and facilitate change order reports • Coordination of FF&E purchase and installation Azusa Library Improvement Project, Construction Management Service Proposal 6 3. Post-Construction Phase Services Provide support and assistance to City: • Final punch list completion. • Move-in to facility. • Project Close-out. • Transfer of Project Documents. • Verify completeness of proper redline set that was kept current throughout the construction phase prior to release to IDS group. • Initial Start-up and testing. • Year-end walk through (at conclusion of warranty period - typically 11th mo.) Azusa Library Improvement Project, Construction Management Service Proposal 7 4. Service Approach STRUCTURED APPROACH: We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the city with an efficient and quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards and requirements. The following paragraphs describe our general approach to deliver projects in an efficient and cost-effective manner. A project specific approach will be provided for each assigned project and will become part of the specific contract for the specific project. • Project Management: Our approach is to provide proactive management and attempt to identify potential issues and problems in advance and take corrective actions before they become problems. This requires extensive hands-on knowledge, experience and management skills of the people involved in managing the project. Our team members have extensive experience and proven track record in managing large and complex projects and bringing them to a completion on time and within budget. • Approach to Cost Control and Change Orders: We evaluate project costs and develop feasible mitigation measures to minimize additional costs. We work as a team to solve problems or make modifications in the field to address unforeseen conditions or owner generated changes in a cost-effective manner. • Approach to Scheduling and Timely Completion of Project and Schedule Recovery: The baseline schedule should properly identify the project scope, critical path, project milestones, target dates, phases and sequences of work, and activity durations. When significant activities show that they are slipping from the baseline, we work with the contractor to develop recovery plans. • Management of Documents: We use an electronic file management system. All construction forms, daily dairies, weekly statement of working days, etc. are stored in our electronic file system, and are per Caltrans documentation system. We provide these documents at the end of the project to the client in organized files as well as pdf files. • Safety and Security: We hold meetings with the contractor to review and discuss safety and security requirements, OSHA conformance, emergency security and safety procedures, and enforce security and safety responsibilities. • Funding Closeout: We prepare necessary closeout documentation required by the funding agencies, submit final reimbursement documentation, follow-up on the reimbursements, and final funds balance report. • Project Closeout: We recognize that closeout is an important part of the construction process. It signifies that the new facility structure is ready to use. We methodically handle all closeout tasks to ensure a smooth transition from construction to occupancy. • Methodology for Communication to Inform City on Work Progress: Key project team members will attend periodic project progress meetings with City staff throughout the project duration. • Electronic common project information and file sharing platform: We create and provide access to project participates a common project information and file sharing platform. PROJECT CONTROLS: Project controls are essential to keep complex construction projects on budget and on time. They help teams and stakeholders identify emerging risks early, before they become expensive, time-consuming problems. With advance warning, these issues can be mitigated or avoided altogether. Project controls also give leadership the data they need to set realistic expectations, manage subcontractors, and plan with confidence. During the course of a project, program and project managers use controls to monitor time and cost expenditures and compare them to project lifecycle forecasts. They also rely on them to coordinate onsite execution with the milestones established during the design, procurement, entitlement, and pre- construction stages. The benefits of project controls are many. When they are put in place and used appropriately, they contribute to increased efficiency, decrease in delays and cost overruns, and fewer claims and costly litigation. Azusa Library Improvement Project, Construction Management Service Proposal 8 Our staff has experience with various document control software systems including Procore, Autodesk ConstructWare (which has now become Construction Cloud), and Primavera P6. In our experience all major control software programs work basically the same way and adapting from one software offering to another has a fairly small learning curve. Because the specific software is generally a choice made by the prime contractor, our staff is ready to partner with any user of any program. That said, not all projects require the ‘fire power’ associated with an expensive, sophisticated control system. Sometimes an intelligently designed filing system that stores basic Word, Excel, PDF, and email documents in the cloud is all a project really needs. ISSUES TRACKING: An issue tracking system provides an easy way to document issues, assign responsible party, and view the status of how the issue resolution is progressing. Complete documentation of issues is critical to mitigate risks on current projects and prevent similar issues on future projects. When issue tracking is integrated with the project management system, all documentation, and communications related to the project become centralized to provide complete transparency into project status. MANAGING, NEGOTIATING, AND INCORPORATING CHANGES IN PROJECT SCOPE: Our approach and strategy are structured based on minimizing cost and schedule impacts, while evaluating change orders in a timely, fair and equitable manner. A number of different factors can influence the development of Change Orders on projects, which can result from either foreseen or unforeseen conditions and may include: • Design Modifications; Errors and Omissions; Changed Conditions; Additional/Reduced Work Scope; Owner-Directed Schedule Acceleration or Slowdown; Work Sequencing; Adjustments to Unit Pricing; Force Majeure Delays; Added Cost Incentives; Delayed, Denied, or Restricted Access to a Project Site; Inappropriate Rejection of the Contractor’s Work; Delays to Owner-Supplied Services and Materials Our initial evaluation of a change order request incudes various elements: • Is it already covered in the contract? Is it necessary to complete the work? Impact on the planned work? Will it affect or change the contractor’s planned method of performing the work? Will it cause a work-character change? Impact on the contract time? Methods of payment? Are there sufficient contingency funds? If not, can additional funds be obtained soon enough to prevent delays? Impacts on any regulatory conditions, permits, utilities, etc. Change Order Documentation: • We prepare the change order in a clear, concise, and explicit manner. A change orders should be easily understood by third parties reviewing it what work was performed without further explanation. Project Partnering: Based on project’s size and complexity, Project Partnering may also be considered: • Partnering is a relationship between the owner and the contractor, formed in order to effectively complete the contract to the benefit of both parties. Through trust, cooperation and teamwork, the goal is to resolve conflicts at the lowest possible level. COORDINATION WITH CITY: Key project team members will attend periodic project progress meetings with City staff throughout the project duration. We will maintain and establish and maintain a close working relationship with City staff. We will manage assigned projects, carefully control costs and resources, and complete assigned work on schedule. We will provide progress reports to the city at regular intervals. Methods/Procedures for Developing /Publishing Project Status Reports/Records: Project status reporting is another area where the solution should be tailored to the size and scope of the project being managed and the actual reporting product anticipated by the city. In addition to the size and scope of the project, the actual point in time of the project matters. For example, project status reporting for a design building project that is currently preparing bridging documents will be significantly different from the Azusa Library Improvement Project, Construction Management Service Proposal 9 report that would be prepared once construction has commenced. TRANSTECH PROJECT CONTROLS SYSTEM Transtech has developed its in-house Project Control Procedures and System, follow guidelines Following is the link to Transtech’s Project Control Procedures and System: https://www.dropbox.com/scl/fi/ovqszv2odb0egxp6qdo3f/CIP-Filing-System-Index-v20240212.100- 003.pdf?rlkey=rart96lbt7yif4qka3y5tck1n&dl=0 Azusa Library Improvement Project, Construction Management Service Proposal 10 Azusa Library Improvement Project, Construction Management Service Proposal 11 5. Staff Qualifications and Resumes STAFF QUALIFICATIONS Large Pool of Staff with Diversified Experience: 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 engineers, project managers, designers, inspectors, construction managers, traffic and transportation analysts, city engineers, city traffic engineers, building officials, plan checkers, inspectors, permit technicians, engineers, project managers, designers, inspectors, construction managers, traffic and transportation analysts, technicians, support personnel. Transtech has a large pool of well experienced staff with credentials and certifications and proven track record in providing building and safety services in a timely, efficient, cost-effective and customer friendly manner: • Transtech staff members have extensive experience and in-depth knowledge of applicable codes and regulations. Our staff members are certified by the International Code Council (ICC). • 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. • Our staff and resources include approximately 200 staff, including project managers, civil engineers, designers, traffic and transportation analysts, technicians plan and map checkers, surveyors, inspectors, construction managers, building officials, building plans examiners, building inspectors, planners and support personnel. • One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers. Several of our senior staff members have previously worked for Public Agencies in various capacities, such as Public Works Director, City Engineer, City Traffic Engineer, CIP Manager, Building Official, Planner, and various other capacities. • 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. Licenses and Certificates of the Firm and Staff Members in Diversified Fields: 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 Inspection Certifications:  Combination Inspector  Commercial Building Inspector  Residential Building Inspector  Accessibility Inspector  Commercial Energy Conservation Inspector  Electrical Inspector  Commercial Electrical Inspector  Residential Electrical 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 Azusa Library Improvement Project, Construction Management Service Proposal 12  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  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 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, Engineering Licenses and Certificates of the Firm and Staff Members in Diversified Fields: Several of our engineers are licensed as Professional Engineers by the State of California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG). Our staff professional licenses, registrations and certifications include: • PE (Licensed Civil Engineer • TE (Licensed Traffic Engineer) • PLS (Licensed Land Surveyor) • QSD (Construction General Permit Qualified SWPPP Practitioner) • QSP (Construction General Permit Qualified SWPPP Developer) • QISP (Industrial General Permit Qualified Industrial Stormwater Practitioner) • PMP (Professional Transportation Planner) • RSP (Registered Safety Professional) • CASp (Certified Access Specialist) • PMP (Certified Project Management Professional) • CPSWQ (Certified Professional in Storm Water Quality • CPESC (Certified Professional in Erosion and Sediment Control) • LEED AP (Professional with specialty credential with knowledge in green building practices • Registered Construction Inspector by American Construction Inspectors Association • Certified International Municipal Signal Association “IMSA” level III Technician 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 Unique Qualifications: One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers, including Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager, Planner and in other capacities. Azusa Library Improvement Project, Construction Management Service Proposal 13 Experience in Working with Public Agencies/Cities: We have extensive experience working with Public Agencies/Cities in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. Several of our staff members are former City Engineers, Public Works Directors. Experience in working with CALTRANS: Our team includes experienced staff members who have worked for CALTRANS and are intimately familiar with the standards and procedures, project development and approval process, and requirements. One of our Sr. Staff Member is former Deputy Director of Caltrans District 7. Experience in Federally Funded Projects: We have extensive experience in the management and administration of federally funded projects. In the past few years, we managed over 30 federally funded projects. Our staff members have completed Caltrans Resident Engineer Academy for Federally Funded Projects. We follow guidelines and procedures of Caltrans Local Assistance Procedures Manual (LAPM). RESUMES Following are our staff members, who are anticipated to be available during the construction of this project. Please note we have additional staff members who may serve as back-up when a primary staff member is not available, ROBERT QUINTERO, Contract Manager Education • BS Urban & Regional Planning; MBA Registrations/Certifications • Licensed General Contractor B Highlights Mr. Quintero has over 25 years of experience in government relations, city administration, city planning, public works and utility coordination. Throughout his career, Mr. Quintero has demonstrated strong leadership, project management, and comprehensive understanding of municipal government operations. He has successfully managed complex projects and engaged with various stakeholders to achieve positive outcomes for the communities he has served. 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. Quintero has participated on numerous multi-disciplinary teams dealing with the planning and execution of public works projects. He has served as the Project Manager for the design, construction, and management of a variety of projects, including Parking Structure, Fir Station, Public Works and Infrastructure; Civic Center/City Hall Expansion; Community Center; Grade Separation Mr. Quintero’s recent experience includes: • City of Ontario, Fire Station #1, Transtech is serving as PM/CM improvements (currently under construction, completion late spring 2025) • City of Ontario, Fire Dept. Admin Building, Transtech is serving as PM/CM (currently under construction, completion early 2026) • City of Ontario, City Hall Annex, Design-Build Parking Structure, Transtech is serving as PM/CM (currently under construction, completion mid 2025) • City of Rancho Palos Verdes, Land Slide, Utility Service Alternatives Review and Management. Mr. Quintero’s experience also includes working for a public agency in various capacities, including as Director of Public Services/Public Work and Assistant City Administrator. Mr. Quintero also worked at Southern California Edison (SCE) as Director of Government Relations. Azusa Library Improvement Project, Construction Management Service Proposal 14 HANI NASR, PMP, Sr. Project/Construction Manager Education • BS, Mechanical Power Engineering Registrations/Certifications • PMP (Project Management Professional) #3794024 • Autodesk Certified Professional • OSHA 30 & OSHA 10 • CPR • Inspector Certification. B2 • QC & QA • Project Delays & Damages • Constructability Review • Risk Management • Confined Space Highlights Mr. Nasr is a certified Project Management Professional (PMP) with an extensive background in construction management. He holds a bachelor’s degree in mechanical power engineering and has over 20 years of experience managing multimillion-dollar projects. With a strong engineering foundation, Mr. Nasr has developed expertise across multiple construction disciplines, including MEP systems, general contracting, and construction estimating. His proficiency in cost estimation and bid preparation has contributed to securing and executing successful projects. His comprehensive knowledge and hands-on experience enable him to lead projects effectively while ensuring strict adherence to budgetary and scheduling requirements. Mr. Nasr has a proven track record of ensuring projects adhere to stringent quality, safety, and budgetary standards, and applies his demonstrated expertise in project management and stakeholder communication to enhance project outcomes and contribute effectively to a dynamic team environment. Notable Projects: • City of Temple City, Construction/Project Manager, City Hall Roof Structural improvements/Upgrades and Roof Replacement (Value: $3.5M) • San Bernardino Unified School District-SBCUSD F19-01 Prop 39 EEP3 (Value: $4M) • Chaffey Community College (Improvement Project) -( Value: $1 M) • Ontario HS with Chaffey Joint School District- Mechanical Plant- (Project value: $2 M) • Fullerton College - Data Room Improvement (Value: $400K) • Irvine Valley College (HVAC & Roofing Replacement for 5 Buildings & Powerhouse) -(Project Value: $ 7M) • MacArthur Hotel (Eleven-Story Historic Building Improvement)- (Value: $100 M) • Oasis International School/UAE – (Value: $ 30 M) • Drinking Water Plant- Lusaka/ Zambia (Value: $ 1.2 M) • Multi-Million-Dollar Luxury Homes in Dubai • Orange HS Gym Renovation (Value: $3M) • OCTA Bus Station Improvements/ Anaheim (Value: $1M) • Irvine USD Measure Series 3 Expansion Projects (Value: $1.2M) • Hemet HVAC Replacement Multi Sites (Value: 6 Schools / $5M) • Long Beach Robinson K-8 Academy HVAC LBUSD Rehabilitation (Value: $4M) • El Monte-Rosemead Adult School Admin HVAC Unit Replacement (Value: $500K) • CJUHSD Ontario HS Chiller Replacement (Value: $600K) • Lawndale EUSD - Carson ES - 2021 Measure L Heat Pump (Value: $500K) • Caltech - Young Health Center Improvement (Value: $500K) • Chino Valley USD - Country Springs & Rolling Ridge ES Alterations (Value: $700K) KEITH WYATT, Sr. Project/Construction Manager (PM, CM Support) Education • BA, UC Irvine, CA Registrations/Certifications Azusa Library Improvement Project, Construction Management Service Proposal 15 • 10-Hr, 30-Hr. OSHA • SWPPP Certified • FEMA Training: IS-3, IS-100.PWb, IS-200.b, IS-325, IS-552, IS-556, IS-700.a, IS-800.a, IS-803, IS-806, IS-809, IS-907 • ICC: Building, Electrical, Mechanical, Plumbing Highlights Mr. Wyatt has approximately 25 years of experience in the construction field in building and engineering/public works projects. He has worked in the capacity of superintended, project manager and construction manager for consulting firms, as well as construction companies. In these capacities, he has been involved in a wide variety of private and public works construction projects in Type A (General Engineering) and Type B (Building). The projects include, but not limited to, construction of new buildings, seismic upgrades, ADA upgrades, TI improvements, site development, roads, parking facilities, utilities, etc. The type of buildings include community centers, schools, hospitals, warehouses, distribution centers, and various other projects. He has managed projects under Design-Bid-Build, Design-Build, Construction Manager/GC at Risk, Multi-Prime delivery methods. He has extensive experience in all phases of projects, including planning/development, entitlement and permitting bidding, construction, close-out, full-life cycle, project workflow, operations/systems development, scheduling, estimating, cost and budget control, contract negotiations, change order management, bid preparation, safety. He has worked for Construction Management Consultants and General Contractors in various capacities (Director of Construction, Project Manager, Construction Manager, Owner Representative, Construction Superintendent) at various firms: Vanir Construction Management Inc., San Bernardino, CA ; Millie and Severson Construction, Los Alamitos, CA; KCS West, a Kajima USA Group Company, Los Angeles, CA; Neff Construction), Ontario, CA; Douglas E. Barnhart, Inc., San Diego, CA; Oakview Construction, Calimesa, CA Few examples of various projects representative of his experience include: • Served as on-site Project Superintendent/Field Construction Manager for Rancho Cucamonga Central Park (50 acre site), Sr. Center Community Building (57,000 sq ft) in Rancho Cucamonga. Cost $21 million. • Served as on-site Project Lead Superintendent for LAPD Sheriff Stations. o $14 million Lakewood Sheriff Station Remodel and addition to the existing Station. o $34.5 million LAPD Harbor Replacement Station. • Served as Owner’s Representative, On-site Project Manager, Construction Manager for Dignity Health St. Bernardine Medical Center. Delivered under Design Build (DB) method, $105 million. • Served as on-site Project Superintendent, Project Manager/Construction Manager for Amazon Distribution Center in San Bernardino, CA. This project involved Renovation and TI of a 700,000 sq ft warehouse, and added 34,000 sq ft of office area, $19.2 million. • Served as on-site Project Superintendent, Project Manager/Construction Manager for Maimonides Academy in West Hollywood, $17.3 million. • Served as Owner’s Representative, On-site Project Manager, Construction Manager for Patton State Hospital - Highland CA DGS project performed for DSH, $33 million. • Served as on-site Project Superintendent, Project Manager/Construction Manager for several projects for Corona/Norco Unified School Districts, Ontario. o Vicentia Elementary, Coronita Elementary, Lincoln Elementary. $19 million. o LA Sierra High School Athletic Fields. Myra Linn Elementary and Valley View Elementary. New administration buildings and electrical upgrades. $17M. o Norte Vista High School, Arizona Middle School, Loma Vista Middle School. New classroom additions. $23M. RYAN BRESLER, Sr. Project/Construction Manager (PM, CM Support) Education • Associate of Arts Degree, Crafton Hills College Yucaipa Certification • Project Manager Program Certificate, University of California Riverside • 30 Hour OSHA Training Highlights Mr. Bressler has over 25 years of experience in Project Management. His extensive background in Project Management demonstrates across various projects including construction, education, healthcare, and infrastructure. His diverse experience has demonstrated expertise in managing projects of various sizes and Azusa Library Improvement Project, Construction Management Service Proposal 16 complexities. Mr. Bressler’s track record reflects strong leadership, organizational skills, and the ability to deliver successful outcomes within budget and schedule constraints. Currently, Ryan is Transtech’s CM for the construction of Fire Department Administration Building for the City of Ontario (project completion early 2026). He is also providing CM support on the FS #1 construction project. His Experience includes: San Manuel Mission Indians Senior Project Manager overseeing the East Reservation Infrastructure Project (SCE & AT&T) ($6 million. Pinner Construction Project Manager responsible for managing the Dale Junior High School and Polaris Remodel project worth $45 million. CCK & Associates, Inc. Senior Project Manager overseeing several projects including: • Hemet Valley Hospital Cath Lab Remodel + Additional MEP Systems for Peripheral Areas worth 9 million • Pomona Valley Hospital renovations, 6th Floor Conversion from SNF to Med/Surg Telemetry- $11.4 million, (3) Cath Labs- $8.5 million, CT scan- $ 2.3 million, Converting DOU to ICU-3- $12.5 million & 2019 Project Budgeting - $23.6 million budget LAH Builders, Inc. Senior Project Manager involved in projects such as California Hospital Medical Center Remodel and Whittier Hospital Switch Gear Replacement, with budgets ranging from $800,000 to $1 million. ISEC, Inc. Project Manager handling projects including: • Children’s Hospital in LA Specialty Medical Equipment Package worth 10 million • Roosevelt High School Door, Frame, Hardware and Specialty Package worth $ 5 million • St. Jude Medical Center Millwork, DFH, Lab Equipment- worth $5.9 million • Cottage Hospital at Santa Barbara, Millwork and Lab Equipment worth $ 2.1 million • Robert F. Kennedy Community Schools in LA, Millwork, DFH and Lab Classrooms- worth $15.6 million Calvary Chapel of Redlands / Rock Construction Project Manager overseeing the construction of a Concrete Tilt-up sanctuary and core and shell project worth $12.3 million. Obershaw/Hill Enterprises Project Manager responsible for projects such as Arrowhead Executive Suites and custom homes, each valued at $1 million. Whiting-Turner Contracting Company Project Engineer involved in various projects with budgets ranging from $2 m to $27 m. OKAN DEMIRCI, PE, QSD, QSP, MBA, Sr. Engineer (PM, CM, Project Controls Management Support) Education • BS in Engineering Registrations/Certifications • Registered Civil Engineer Highlights Mr. Demirci has approximately 12 years of experience. Mr. Demirci serves as Assistant Public Works Director, City Engineer, CIP Program Manager at Transtech’s Contract Cities and provides technical and management support. Mr. Demirci completed Caltrans Resident Engineer Academy, very familiar with the management and administration of federally and state funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM). Mr. Demirci works as CIP Program Manager at various Transtech’s Contract Cities and manages various capital improvement programs including state and federal funded programs. Mr. Demirci’s experience also includes working as Resident Engineer, Project Manager and Construction Manager on various projects (including federal and state funded projects). 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. ADAM TALBOT, Associate Engineer (PM, CM, Office Eng, Project Controls Support) Education • BA California Polytechnic State University, San Luis Obispo Highlights Mr. Talbot has approximately 10 years of experience in the construction. He has extensive experience in all phases of projects, including planning/development, entitlement and permitting bidding, construction, close-out, full-life cycle, project workflow, operations/systems development, scheduling, cost and budget Azusa Library Improvement Project, Construction Management Service Proposal 17 control, contract negotiations, change order management, bid preparation, safety. He has worked in the capacity of Office Engineer and Construction Manager/Project Manager/Owner Representative, for construction and consulting firms. In these capacities, he has been involved in a wide variety of facilities, commercial office, luxury retail, mixed use/multifamily, and data center projects. The projects include, but not limited to corporate office buildouts, tenant improvements, historical renovations, cost/program management, etc. He has managed a variety of facilities and construction projects, ranging from $30K to over $30 million in budget, which involved coordination, processing and approvals by Planning, Engineering and Building Departments of Local Agencies/Municipalities. Recently, Mr. Talbot managed following recent projects at Transtech: • Temple City, City Hall Roof and HVAC Equipment Replacement Project • Temple City, $3.5M).Temple City, Street Rehab Project (Temple City, $7M) • Temple City, Park/Live Oak Park Projects (Temple City, $4.5M) Prior to joining Transtech, Mr. Talbot has worked in the capacity of Office Engineer and Construction Manager/Project Manager/Owner Representative, for construction and consulting firms. • Turner & Townsend Construction Los Angeles, CA, Senior Project Manager • Gardiner & Theobald Construction Los Angeles, CA, Project Manager • Big Wave Window, LLC San Gabriel, CA , Operations Manager • MM Enterprises, LLC Los Angeles, CA, Security Project Manager • Regent L.P. Beverly Hills, CA, Facilities Manager • Apple, Inc. Pasadena, Glendale, San Luis Obispo, CA, Facilities & Operations Lead GREGORY AHERN, ICC Certified Building, Fire Inspector (QC/QA Inspection Support) 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. Azusa Library Improvement Project, Construction Management Service Proposal 18 6. Similar Experience We have experience in various types of projects: • Street Rehabilitation and Reconstruction • Traffic Signals • Street Lighting • Water, Drainage, Sewer Improvements • Utilities • ADA Improvements • Bridges Parking Structures • Community Centers • Libraries • City Halls • Fire Stations • Police Stations • Parks and Playgrounds Few Examples of Vertical Projects: City of Ontario, Fire Station #9 and Offsite Improvements ($15M): Transtech provided project and construction management, and owner representative services. The project included construction of Fire Station and Off-site Improvements (new roads, utilities, TS, etc.). City of Whittier, Uptown Parking Structure ($12M): The project involved construction of a 4 story, 450 stall parking structure, and includes elements such as bicycle and motorcycle parking and provisions for future photovoltaic panels. The project was delivered as DBB. Transtech served as Construction Manager. This project is located in Whittier. Renaissance Plaza ($15M): This project is located in the City of Alhambra and included a parking structure, 10 plex movie theater, retail, and plaza. Transtech served as the City’s Building Official, Plan Checker and Inspector for this project including construction manager of the parking structure, public plaza, and other improvements. Rosewood Community Center ($25M): Transtech was retained by the City of Commerce to take over the management of this multimillion-dollar facility which was 2 years behind schedule. Within 5 months, Transtech brought the construction to substantial completion level allowing the city to start the move-in process, and 2 months after, the facility was opened for public use. City of Ontario, C-Block Parking Structure ($13M) (DB Delivery): Transtech provided project and construction management, and owner representative services. The project included construction 5 level, approximately 400 space parking structure Riverside County Transportation Commission, Corona Main Street Metrolink Parking Structure and Pedestrian Bridge (25M): This project is in Corona and included 6 level, approximately 1,000 space parking structure, and a pedestrian bridge over railroad tracks. Transtech provided inspection and construction management services for the construction of this federally funded project. City of Alhambra Civic Center Library Project ($30M): Transtech provided plan check, inspection, construction management, and owner representative services, the project included construction of a 45,000 SF Library with an underground parking garage. Azusa Library Improvement Project, Construction Management Service Proposal 19 City of San Bernardino Santa Fe Depot/Metrolink Parking Structure and Historic Santa Fe Depot Renovation Project ($25M): This project included The Parking Structure involved the construction of a 3-level parking structure for 350 cars. Historic Santa Fe Depot Renovation involved renovation for adoptive reuse of 60,000 sf historical Santa Fe Train Depot. Few Examples of Park Projects: Ontario Great Park. ($100M): Project is being delivered under DBB delivery. Transtech is City’s PM/CM City of Temple City, Primrose Park ($4M, Prop 68 Funding): Project included constructing a new park with playground, landscaping, parking lot, lighting, drainage, ADA. City of Monterey Park, Citywide Parks Improvement Project ($6.5M): Project included playground, picnic shelters, benches, ADA at 13 parks. City of Commerce/Caltrans, I-5 Freeway/Washington Bl SB on and off Ramps Landscape Improvements ($3M, Federally Funded): Project included, Landscape, Improvements at I-5 and at 710 Freeways ramps. City of Alhambra, Almansor Park Improvements Project ($2.5M): Project included basketball courts, restroom facilities, shade structure, drainage systems, lightings, landscaping, walkways. City of Cudahy, Soccer Field and Park Improvements Project ($2M, CDBG Funded): Project included new soccer field with artificial turf, landscaping, parking lot, lighting, drainage, ADA. Examples of Street Improvements/Infrastructure (Type A-Engineering) Projects: Washington Boulevard Widening and Reconstruction Project ($40M): Transtech provided CM/CI/Resident Engineer, Inspector, Office Engineer Services. The project included widening and reconstruction of 2.7 miles of Roadway, Traffic Signals, Street Lighting, Landscape, Improvements at I-5 and at 710 Freeways ramps. The project was federally funded and was managed in compliance with Caltrans LAPM. The project was also a Caltrans Oversight Project. Rosemead Boulevard Improvements Project ($20M): Located in the City of Temple City, this was a Federally Funded project. Transtech provided Project, Program, Construction Management, Resident Engineer, Inspection, Federal Compliance, Labor Compliance and Office Engineer Services. Atlantic Boulevard Corridor Improvement Project ($20M): This was a Federally Funded project in the City of Commerce. Transtech provided Project, Program, Construction Management, Resident Engineer, Inspection, Federal Compliance, Labor Compliance and Office Engineer Services. The project was a major street reconstruction and beautification project along Atlantic Boulevard Azusa Library Improvement Project, Construction Management Service Proposal 20 Rte 71/Mission Bl Grade Separation Project ($40M): This project was a Federally Funded project located the City of Pomona and included construction of a bridge/grade separation. Transtech provided construction management, resident engineer, inspection, labor compliance and office engineer services. Caltrans was the oversight/jurisdictional Agency. Bogert Trail Bridge Widening Project ($5M): Located in the City of Palm Springs, this project was a Federally Funded project. Transtech provided construction management, resident engineer, inspection, labor compliance and office engineer services. The project involved bridge widening, retrofit, and beautification elements. Few Examples of Building and Safety Projects: 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 Services: • Building Plan Check/Inspection. • Transtech serves as the City’s Contract Building Official, Plan Checker, Inspector. 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 Services: • Building Plan Check/Inspection. • Transtech serves as the City’s Contract Building Official, Plan Checker, Inspector, City Engineer, City Traffic Engineer. Agency: CITY OF ONTARIO Project: City’s Minor League Baseball Stadium Project (Valuation $100 M) Transtech Services: Project Building Official, Building Plan Check, Inspection. 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 Services: Building Plan Check/Inspection, Fire Plan Check. Transtech serves as the Tribe’s and Casino’s Contract Building Official, Plan Checker, Inspector. Agency: TEJON INDIAN TRIBE Project: Hard Rock Casino and Resort (Valuation $1.2. Billion). Phase I, Casino; Phase II, 13 Story High-Rise Resort, Hotel and Hard Rock Love Entertainment Menu. Transtech Services: • Project Building Official, Building Plan Check, Inspection, Fire Plan Check. Examples of Street Rehab/Paving Projects: • Since 2013, Annual Street Rehab Program, City of Temple City ($15M) Azusa Library Improvement Project, Construction Management Service Proposal 21 • Since 2019, Annual Street Rehab Program, City of West Covina ($10M) • Since 2018, Annual Street Rehab Program, City of South El Monte ($3M) • Since 2018, Annual Street Rehab Program, City of Cudahy ($5M) • Since 2015, Annual Street Rehab Program, City of Commerce ($24M) • Since 2019, Annual Street Rehab Program, City of Maywood ($2M) • FY 20/21 Annual Street Rehab Project, City of Placentia ($4.5M) • Riverside Dr Street Rehab Project, City of Chino ($7.5M) • El Prado Rd Reconstruction Project, City of Chino ($3M) • Roadway Improvements at Brewster, Agnes, Alberta, First, Franklin, City of Lynwood, ($7M) • 30 HSIP and ATP Projects for various Cities (Fed. Funded) ($30M) • 20 CDBG Projects for various Cities (Fed Funded)Projects ($20M) • Cactus/Nason Street Impr. and 135’ Span Bridge Project, City of Moreno Valley (SLPP Funded) ($20M) Examples of Water, Sewer SD Projects: Project Name: State Street Water Treatment Facility Project (SRF/State Funded) (WA-212) Project Owner: City of Chino Project Cost: $34.0m Project includes construction of a centralized water treatment plant (WTP) at the City’s Reservoir 5 and Well 14 sites located on State Street and Benson Ave in the City of Montclair. The proposed project is anticipated to include cartridge filters, GAC, IX, and chlorination equipment for a total treatment capacity of 4,000 gpm. In addition, the project includes a 3,800 LF brine disposal pipeline connecting to the Non-recoverable Waste System operated by IEUA and LA County Sanitation, a connection to the City of Montclair sewer system, and a 7,000 LF raw water transmission main from Well 12 to the State Street site. Services Provided: Project management. Status: Project design was completed, construction is anticipated to start in Summer 2024. Project Name: Well 17 Equipping Project (WA-214) Project Owner: City of Chino Project Cost: $4.0m Project includes construction of water treatment equipment at City owned Well 17 facility, and related work. Services Provided: Project management. Status: Project design was completed, construction is anticipated to start in Summer 2024. Project Name: Central Avenue and Dupont Avenue Water Mainline Replacement Project Project Owner: City of Chino Project Cost: $4.5m Project includes construction of new water mainline (6” to 18” PVC), service laterals, manholes, meters, valves and related waterline appurtenances, roadway rehabilitation, signage and striping improvements. Services Provided: Project management and construction management. Status: Construction was completed in 2024. Project Name: Large Advanced Metering Infrastructure (AMI) Replacement Project Project Owner: City of Lynwood Project Cost: $0.2m Project includes construction of new sensus large meters (AMI) at various locations Citywide. Services Provided: Project management, construction management, construction inspection. Status: Construction was completed in 2024. Project Name: Eastside Water Treatment Facility (EWTF) Expansion Project (SRF/State Funded) (WA-19C) Project Owner: City of Chino Project Cost: $15m Project includes the expansion of the treatment capacity at the EWTF from 3,500 gallons per minute (gpm) to 7,000 gpm which includes pre-filters, Granular Activated Carbon (GAC) vessels, and an ion exchange system, construction of dual Azusa Library Improvement Project, Construction Management Service Proposal 22 brine pipelines to convey the brine waste resulting from the treatment process from the EWTF to a lateral connecting to the Santa Ana Watershed Protection Agency’s Inland Empire Brine Line (IEBL). Services Provided: Project management. Status: Construction was completed in 2023. Project Name: Eastside Water Treatment Facility (EWTF) Offsite Brine Discharge Line Project (WA-19C) Project Owner: City of Chino Project Cost: $4.3m Project includes the construction of offsite dual brine pipelines to convey the brine waste resulting from the treatment process from the Eastside Water Treatment Facility to a lateral connecting to the Santa Ana Watershed Protection Agency’s Inland Empire Brine Line (IEBL). The lateral is owned and operated by the Inland Empire Utilities Agency (IEUA). Services Provided: Project management. Status: Construction was completed in 2023. Project Name: Water Improvement at Nocolet, Cottonwood, George, 12th & 14th St Project Owner: City of Banning Project Cost: $1.7m Project includes construction of 5,000 linear feet water main (4” to 12” DIP), service laterals, manholes, meters, valves and related waterline appurtenances, roadway rehabilitation, signage and striping improvements. Services Provided: Project management, construction management, construction inspection. Status: Construction was completed in 2023. Project Name: Azusa Avenue Lift Station Construction Project Owner: City of West Covina Project Cost: $4.5m Project includes construction of a lift station on Azusa Avenue, and related appurtenances. Services Provided: Project management. Status: Construction was completed in 2023. Project Name: Street, Water, Sewer Improvements on Agnes Avenue Project Owner: City of Lynwood Project Cost: $1.5m Project includes construction of 2,200 linear feet water main (4” to 12” DIP), service laterals, manholes, meters, valves and related waterline appurtenances, roadway rehabilitation, signage and striping improvements. Services Provided: Project management, construction management, construction inspection. Status: Construction was completed in 2021. Project Name: Roadway Improvements at Brewster Avenue Project Owner: City of Lynwood Project Cost: $1.5m Project includes construction of new water main (12” DIP), service laterals, manholes, meters, valves and related waterline appurtenances, roadway rehabilitation, signage and striping improvements. Services Provided: Project management, construction management, construction inspection. Status: Construction was completed in 2021. Project Name: Water Improvements at Alberta, First, Franklin Streets Project Owner: City of Lynwood Project Cost: $1.5m Project includes construction of 5,000 linear feet water main (6” to 8” DIP), service laterals, manholes, meters, valves and related waterline appurtenances, roadway rehabilitation, signage and striping improvements. Services Provided: Project management, construction management, construction inspection. Status: Construction was completed in 2021. Azusa Library Improvement Project, Construction Management Service Proposal 23 7. References CITY OF ONTARIO Address: 1333 S. Bon View Avenue, Ontario CA, 91761 Contact: Dan Beers, Design & Construction–Principal Project Manager T: 909-395-2806 E: Dbeers@ontarioca.gov Service Duration: Started in 2024 – Ongoing Service Services Provided: Capital Project Management, Construction Management, Inspection. CITY OF ALHAMBRA Address: 111 South First Street, Alhambra, CA 91801 Contact: Lucy Garcia, Assistant City Manager T: 626-570-5032 E: lgarcia@cityofalhambra.org Service Duration: Started in 1993 – Ongoing Service Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection, Permit Issuance); City Engineering Services; Traffic Engineering; CIP Management; Construction Management and Inspection; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check. CITY OF COMMERCE Address: 2535 Commerce Way, Commerce CA 90040 Contact: Vilko Domic, Assistant City Manager T: 323-722-4805 E: vilkod@ci.commerce.ca.us Service Duration: Started in 2015 – Ongoing Service Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection, Permit Issuance); City Engineering Services; Traffic Engineering; CIP Management; Construction Management and Inspection; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check. CITY OF MONTEREY PARK Address: 320 West Newmark Ave, Monterey Park, CA 91754 Contact: Inez Alvarez, City Manager T: 626-307-1255 E: cmo@montereypark.ca.gov Service Duration: Started in 2013 – Ongoing Service Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection, Permit Issuance); City Engineering Services; Traffic Engineering; CIP Management; Construction Management and Inspection; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check. Azusa Library Improvement Project, Construction Management Service Proposal 24 CITY OF MONTEBELLO Address: 1600 W. Beverly Boulevard, Montebello, CA 90640 Contact: Joseph Palombi, Planning & Community Development Director T: 323-887-1200 E: JPalombi@montebelloca.gov Service Duration: Started in 2022 – Ongoing Service Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection, Permit Issuance); City Engineering Services; Traffic Engineering; CIP Management; Construction Management and Inspection; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check. CITY OF ROSEMEAD Address: 8838 Valley Boulevard, Rosemead, CA 91770 Contact: Ben Kim, City Manager T: 626-569-2169 E: bkim@cityofrosemead.org Service Duration: Started in 2022 – Ongoing Service Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection, Permit Issuance); City Engineering Services; Traffic Engineering; CIP Management; Construction Management and Inspection; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check. CITY OF SOUTH EL MONTE Address: 1415 Santa Anita Avenue, South El Monte, CA 91733 Contact: Rene Salas, City Manager T: 626-579-6540 E: rsalas@soelmonte.org Service Duration: Started in 2018 – Ongoing Service Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection, Permit Issuance); City Engineering Services; Traffic Engineering; CIP Management; Construction Management and Inspection; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check. CITY OF WEST COVINA Address: 1444 West Garvey Avenue South, West Covina, CA 91790 Contact: Paulina Morales, City Manager T: 626-939-8401 E: pmorales@westcovina.org Service Duration: Started in 2019 – Ongoing Service Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection, Permit Issuance); City Engineering Services; Traffic Engineering; CIP Management; Construction Management and Inspection; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check. Azusa Library Improvement Project, Construction Management Service Proposal 25 FOLLOWING ARE FEW REFERENCE LETTERS: Azusa Library Improvement Project, Construction Management Service Proposal 26 Azusa Library Improvement Project, Construction Management Service Proposal 27 Azusa Library Improvement Project, Construction Management Service Proposal 28 Azusa Library Improvement Project, Construction Management Service Proposal 29 Azusa Library Improvement Project, Construction Management Service Proposal 30 Azusa Library Improvement Project, Construction Management Service Proposal 31 Azusa Library Improvement Project, Construction Management Service Proposal 32 Azusa Library Improvement Project, Construction Management Service Proposal 33 DRAFT CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this ____ day of ________________, 20___ 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. 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 project construction management 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 AZUSA LIBRARY CRITICAL INFRASTRUCTURE AND MODERNIZATION PROJECT (“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 Engineering consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” 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 March 3, 2025 through project completion and end of the warranty period, 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. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Professional Services Agreement – Transtech Engineers, Inc. Page 2 of 19 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 “B” 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: Robert Quintero, Contract Manager Hani Nasr, PMP, Sr. Project/Construction Manager 3.2.5 City’s Representative. The City hereby designates Director of Public Works, Robert Delgadillo or his 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 Services Agreement – Transtech Engineers, Inc. Page 3 of 19 3.2.6 Consultant’s Representative. Consultant hereby designates Allen Cayir, PE, President, 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 “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 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 Services Agreement – Transtech Engineers, Inc. Page 4 of 19 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 Services Agreement – Transtech Engineers, Inc. Page 5 of 19 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 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 Professional Services Agreement – Transtech Engineers, Inc. Page 6 of 19 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. (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 Professional Services Agreement – Transtech Engineers, Inc. Page 7 of 19 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 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. Professional Services Agreement – Transtech Engineers, Inc. Page 8 of 19 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. 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. Professional Services Agreement – Transtech Engineers, Inc. Page 9 of 19 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. 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 “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred Twenty-Nine Thousand Two Hundred Dollars ($429,200.00) 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 which indicates work completed and hours of Services rendered by Consultant. Professional Services Agreement – Transtech Engineers, Inc. Page 10 of 19 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. 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 Professional Services Agreement – Transtech Engineers, Inc. Page 11 of 19 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. 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 Professional Services Agreement – Transtech Engineers, Inc. Page 12 of 19 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 Indemnification. 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, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.5.5 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, Inc. 13367 Benson Avenue Chino, California 91710 Attn: Allen Cayir, PE, President City: City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 Attn: Nico De Anda-Scaia, Deputy 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. Professional Services Agreement – Transtech Engineers, Inc. Page 13 of 19 3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with legal counsel chosen by City, at Consultant’s own cost, expense and risk, any and all claims, actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as party of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorneys’ fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 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 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 Professional Services Agreement – Transtech Engineers, Inc. Page 14 of 19 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 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. Professional Services Agreement – Transtech Engineers, Inc. Page 15 of 19 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 Services Agreement – Transtech Engineers, Inc. Page 16 of 19 CITY OF AZUSA TRANSTECH ENGINEERS, INC. By: By: Sergio Gonzalez Allen Cayir, PE. City Manager President Attest: Jeffrey L. Cornejo Jr. City Clerk [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: Best Best & Krieger LLP By: Name: City Attorney Title: EXHIBIT “A” SCOPE OF SERVICES The Scope of Services is attached herein. See Proposal; to be included in final executed document. EXHIBIT “B” SCHEDULE OF SERVICES The Scope of Services shall be completed in accordance with the timeline attached herein. See Proposal; to be included in final executed document. EXHIBIT “C” COMPENSATION The Cost Proposal is attached herein.