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20-0104_GONG ENTERPRISES, INC._Professional Services AgreementCITY OF SAN JUAN CAPISTRANO ON-CALL PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of January 4"', 2020 by and between the City of San Juan Capistrano ("City"), and Gong Enterprises, Inc. with its principal place of business at 7755 Center Ave, #1100 Huntington Beach, CA 92647 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Consulting Services in one or more of the following areas, which includes, but is not limited to: Engineering, Building, Architectural Services Including Pian Check, Archeological, Water quality, and Environmental Services (hereinafter referred to as "the Project"). B. Consultant is duly licensed and has the necessary qualifications to provide such services on the Project. Consultant desires to perform and assume responsibility for the provision of certain professional services required by City on the terms and conditions set forth in this Agreement and in the task order(s) to be issued pursuant to this Agreement ("Task Order"). C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit "C". 2. Compensation. a. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit "B" and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this Agreement shall not exceed the amount set forth in Section 2(b) below. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $45,000 per project. This amount is to cover all printing, traveling and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 61147.02100\32575512.1 3. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. Term and/or Time of Perform The term of this Agreement shall be from January 1, 2020 to December 31, 2022, 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 set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 2 61147.02100\32575512.1 8. Standard of Care Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9. Assignment and Subconsuitant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which shall not be unreasonably withheld. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City 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 secured all insurance required under this section. a. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or an acceptable equivalent as determined by the City in its reasonable discretion . (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement 3 61147.021001325 75 5 12. 1 (8) Property Damage (9) Independent Contractors Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to reasonable approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liabilit (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to reasonable approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. C. Workers' Compensation/Employer's Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section. 4 61147.02100\32575512.1 d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies reasonably acceptable to the City and in an amount indicated herein and shall be written on a policy form coverage specifically designed to protect against the negligent acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 combined single limit Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Within the exception of the Professional Liability policy, defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant 5 61147.02100\32575512.1 shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as reasonably determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise 6 61147.02100\32575512.1 assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably acceptable to City), indemnify and hold the City, its 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 negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project, any Task Order or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 13. California Labor Code Requirements. 7 61147.02100\32575512.1 a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). 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. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. 14. Verification of Employment Eligibility. 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, and shall require all subconsultants and sub-subconsultants to comply with the same. 15. Reserved 16. Laws and Venue. 8 61147.02100132575512.1 This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. 17 Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 19. Organization Consultant shall assign Ken Gong as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 20. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 9 61147.02100\32575512.1 21. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Joe Parco, Public Works and shall be effective upon receipt thereof. 22. Third Party Rights CONSULTANT: Gong Enterprises, Inc 7755 Center Ave #1100 Huntington Beach, CA 92647 Attn: Ken Gong Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 23. Equal Oppogunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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. 24. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 25. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal. 26. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, 10 61147.02100\32575512.1 burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 27. Non -Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 28. Schedule Consultant shall perform its services to meet the schedule as expeditiously as is consistent with the exercise of professional skill and care and the orderly progress of the Project. 29. City's Right to Eml2loy Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 30. 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. 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 director, official, 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. 31. Reserved. [SIGNATURES ON FOLLOWING PAGE] 11 61147.0210002575512.1 SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND GONG ENTERPRISES, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO By. Benja in Siegel City Manager ATTE M APPROVED AS TO FORM: By: 5 City Attorney GONG ENTERPRISES, INC By: Its: President Printed Name: Kenneth Cho Gong 12 61147.02 1 00\32575512-1 EXHIBIT A Scope of Services 61147.02100\3257 i 12.1 13 GONGEN'YERPRISES, INC. C'[VII, I:NO INL-CRING/C'ON'SUL FAN CS r0 GOVERNMI-NT;AI. AG1'NC'I1:S Exhibit A: SCOPE OF SERVICES (Task Order 1) February 21, 2022 Mr. Jeremy Hohnbaum, Senior Civil Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Tirador (Tr 18148) Production Precise Grading Plans (1321-1365) Dear Jeremy: The following represents my fee proposal to provide professional plan checking services for the review of subject Precise Grading Plans (Production). The review will include the following: 1. Review 124 units for precise grading and drainage — 34 sheets. 2. Peruse the precise grading soils report. 3. Coordinate the precise grading plans with the rough grading plans, street improvement plans, storm drain plans, sewer plans, water plans, WQMP report, landscape plans, and the final tract map. 4. Coordination with CITY staff. 5. Coordination with the Engineer of record. 6. Video conference meetings. 7. Review conditions of approval. 8. Review approved Tentative Tract Map. This fee proposal is based on maximum three (3) plan check iterations. If additional work, meetings, or plan check iterations are required, then extra work will be requested at that time. No additional work will be provided or billed unless duly authorized by City of San Juan Capistrano. Fee amount: $27,500,00 lump sum Thank you. Ken Gong, President SJCFeeProposalTr18148StSDDrainage 1 7755 Center Avenue. Suite 1 100 ' Huntington Beach, ('A 92647! Ph: (714) 372-4959 Fax (714) 372-4968 Email GON(!CN"1-1-.1 Pf RISES�rn'YAHOO.COM Plan Check Consulting GONGENTERPRISES, INC. CIVIL 1.N6IN[[LRINGlI'ONS1 LI AN IS 1-0 GOVISRNMr:N'I-AI. ,AGI_iNClliS Exhibit A: SCOPE OF SERVICES February 21, 2022 (Task Order 2) Mr. Jeremy Hohnbaum, Senior Civil Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Tirador (Tr 18148) Street Improvement Plans (SIP 21-000). Tirador (Tr 18148) Storm Drain Plans (SIP 21-000). Tirador (Tr 18148) Drainage (Hydrology/Hydraulics) Report (SIP 21 -000) - Dear Jeremy: The following represents my fee proposal to provide professional plan checking services for the review of subject Street Improvement plans, Storm Drain Improvement plans and the Drainage Report: The review will include the following: 1. Review Street Improvement plans. A. Cross reference the street improvement plans with: i. Storm drain plans. ii. Sewer/water plans. iii. Rough Grading plans. iv. Soils report. V. Drainage report. 2. Review Storm Drain Improvement plans. A. Cross reference the storm drain plans with: i. Street Improvement plans. ii. Sewer/water plans. iii. Rough grading plans. iv. Soils report. V. Drainage report. vi. WQMP report. 3 Review Drainage Report. A. Cross reference the drainage report with: i. Street Improvement plans. ii. Storm Drain plans. iii. Rough Grading plans. 4. Review conditions of approval. 5. Review approved Tentative Tract Map. 6. Coordination with the Engineer of record. 7. Coordination with City of San Juan Capistrano (CITY) staff. 8 Video conference meetings. 7755 Center AVenUe. Suite 1 100' F)untington Beach, CA 926471 Ph: (7 14) 372-4959' Fax (714) 372-4968 Email: GONG L:NTERPR ISFS�(PYAHOO,COM Plan Check Consulting Exhibit A Sheet 2 This fee proposal is based on maximum three (3) plan check iterations per project. If additional work, meetings, or plan check iterations are required, then extra work will be requested at that time. No additional work will be provided or billed unless duly authorized by City of San Juan Capistrano, Fee amount: $13,500.00 lump sum — street improvement plans. $14,500.00 lump sum — storm drain improvement plans. $ 5,500.00 lump sum — Drainage report. $33,500.00 TOTAL Thank you. Ken Gong, President SJCFeeProposaffr18148StSDDrainage.1 GONGENTERPRISES, INC. CI VII. IiNGiNI?1(RI\G/CONST LTr1N"IS I I) (iOVLRN�tlyj "i'AI "1C;F'\(.'IFS June 7, 2022 Exhibit A: SCOPE OF SERVICES (Task Order 3) Mr. Jeremy Hohnbaum, Senior Civil Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: In and Out Burger, 31791 Del Obispo St, San Juan Capistrano, CA (FEE PROPOSAL) — Precise Grading Plans (B22-0705) Dear Jeremy: The following represents my fee proposal to provide professional plan checking services for the review of subject project received on May 23, 2022. The review will include: 1. Review Civil precise grading plans (Sheets C1 -C18.1). 2. Review Landscape pians for potential utility conflicts (LC.1 — LPD. 1) only, 3. Review applicable drainage report (post vs pre -conditions). 4. Review Structural calcs for proposed retaining walls. 5. Peruse soils report. 6. Peruse WQMP report. 7. Review documents associated with this project. 8. Coordination with Engineer of Record. 9. Coordination with In-house staff/meetings. This proposal is based on maximum three (3) plan check iterations. If additional work, meetings, or plan check iterations are required, then extra work will be requested at that time. No additional work will be provided or billed unless duly authorized by City of San Juan Capistrano. Fee amount: $21,500.00 lump sum. Thank you. 11� 6 Ken Gong, President YOU ARE HEREBY AUTHORIZED TO PROCEED WITH SUBJECT PROJECT AT THE ABOVE STATED FEE: Jeremy Hohnbaum, Senior Engineer City of San Juan Capistrano SJCFeePropos131791 DelObispoPG. 1 (6-3-22) Date 7755 Center Avenue, Suite 1100 / t [un[inbton Beach- CA 926ijT` Ph: (71 1) 7`-fI S9' Fax (7 14) 372-4968 [avail: GONG ENTER PR1SESrDYAIloo.COi1/l P1anCheck Consultiu� EXHIBIT B Schedule of Charges/Payments Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out--of-scope work being performed by Consultant. This is a time -and -materials contract. 61147.02100132575512.1 14 EXHIBIT C Task Order Form(s) 61147.02100132575512.1 TASK ORDER Task Order No. 1 Agreement: On -Call Professional Services Agreement dated January 4, 2020 Consultant: — Gong Enterprises, Inc. The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above: Plan check and review of Tract 18148 (B21-1365): Precise Grading Plans — Production Set List any attachments: Exhibit A Scope of Services dated February 21, 2022 regarding Tirador (Tr 18148) Production Precise Grading Plans (1321-1365) Dollar Amount of Task Order: Not to exceed S27, 500.00 Completion Date: December 31, 2022 The undersigned Consultant hereby agrees that it will provide all equipment, furnish ail materials, except as may be otherwise noted above, and perform all services ]or the work above speci Pied in accordance with the Agreement identified above and will accept as full payment therefore the aniount shown above. CITY OF SAN JUAN CAPISTRANO Dated: %3%2oae- 13 61147.02100132575512.1 1 GONG ENTERPRISES, INC. Dated: S•ZZ By TASK ORDER Task Order No. 2 Agreement: On -Call Professional Services Agreement dated January 4, 2020 Consultant: – Gong Enterprises, Inc. The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above: Plan check and review of Tract 18148 (sip 21-000): Street Improvement Plans, Storm Drain Iniprovernent Plans, and Drainage Report. List any attachments: Exhibit A Scope of Services dated February 21, 2022 regarding Tirador (Tr 18148) Street Improvement Plans (SIP 21-000), Tirador (Tr 18148) Storm Drain Plans (SIP 21-000), Tirador (Tr 18148) Drainage (Hydrology/Hydraulics) Report (SIP 21- 00) Dollar Amount of Task Order: Not to exceed $33,500.00 Completion Date: December 31, 2022 The undersigned Consultant hereby agrees that it wits provide all equipment, furnish all materials, except as may be otherwise noted above, and ,perform al] services for the work above specified in accordance with the Agreement identified above and will accept as Full payment therefore the amount shown above, CITY OF SAN JUAN CAPISTRANO GONG ENTERPRISES, INC. Dated:D 27 zv�� � 57 • Z Z —�_ ated: By: 7 1 61147-02100%32575512 t By. EXHIBIT C TASK ORDER Task Order No. 3 Agreement: On -Call Professional ServicesAgreement dated January 4, 2020 Consultant: — Gong Enterprises, Inc. The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above: Plan check and review In and Out Burger (B22-0705): Precise Grading Plans List any attachments: Exhibit A Scope of Services dated June 7, 2022 regarding In and Out Precise Grading Plans (1122-0705) Dollar Amount of Task Order: Not to exceed $21,500.00 Completion Date: December 31, 2022 The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF SAN JUAN CAPISTRANO Dated: a 1 6 1147-021 00\32575512.1 GONG ENTERPRISES, INC. Dated: k lZ By: N— _ EXHIBIT D Original Proposal and Consultant Information 61147.02100\32575512.1 GONGENTERPRISES, INC. November 3, 2019 Mr. Joe Parco, City Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Proposal to provide Professional Consulting Services to perform and execute Engineering plan checking. Dear Joe: Gong Enterprises, Inc. (GEI) is pleased to present this STATEMENT OF QUALIFICATIONS. GEI provides plan checking services for Pre -entitled and Post - entitled Subdivision/Development grading, streets, traffic, signals, signing, and striping, storm drain, sewer, and water plans; hydrology and hydraulic reports, and Tract/Parcel Maps. In addition, GEI also provides independent reviews for CITY initiated Capital Improvement projects. We believe that we can provide excellent plan checking services based on the following: A. Ken Gong, PE, an owner of GEI has over thirty-nine (39) years of local Orange County experience, with the last thirty years providing plan checking and consultation services to various agencies. including the City of San Juan Capistrano. B. We have significant experience in the review of numerous residential and commercial development projects. C. Our plan checking services include both Quality Assurance (QA) and Quality Control (QC). D. GEI's philosophy of the role of consultant is to support, provide advice, and to be an "extension" of in-house staff, and to render independent third - party reviews to ensure compliance with CITY criteria. E. GEI's commitment to meet anticipated time frame goals of ten (10) working days for plan check turnaround time requirements. F. GEI has the capacity, flexibility, and capabilities to handle the anticipated volume of work on an "As -Needed" basis. Mr. Ken Gong will be the responsible contact person at GEI. Ken will personally be involved in the plan check process and will review and/or oversee every technical document and improvement plan. All business will be conducted through the Huntington Beach office. Since GEI provides services solely to municipalities, there are no professional conflicts of interest with the private sector. 7755 Center Avenue, Suite 1 100 / Huntington Beach, CA 92647/ Ph: (714) 372-4959/ Fax (714) 372-4968 Email: GONGENTERPRISES@YAHOO.COM Plan Check / Consulting Thank you for your consideration. We are looking forward to providing the very best plan checking services for you and the CITY OF SAN JUAN CAPISTRANO. Sincerely, GONG ENTERPRISES, INC. Kenneth Cho Gong, PE President C: SanJuanCapistrano2019brochure 2 TABLE OF CONTENTS: 1. COMPANY PROFILE AND SERVICES OFFERED 2. SYNOPSIS OF PLAN CHECKING AND PLAN CHECK APPROACH 3. RELATED PROJECTS/EXPERIENCE AND PROFESSIONAL REFERENCES 4. COMPANY ORGANIZATION CHART 5. RESUME OF PRINCIPAL 6. CERTIFICATE OF INSURANCE 7. FEE SCHEDULE 8. AGREEMENT REQUIREMENTS 1. COMPANY PROFILE AND ENGINEERING SERVICES PROVIDED GONG ENTERPRISES, INC. was incorporated in 1983 and has been providing professional civil engineering services since 1989. GEI is a Civil Engineering firm specializing in plan check of commercial, industrial, single family residences, and large subdivision plans. OWNERS: Kenneth Cho Gong, PE............ President David Cho Gong, Accountant.... Secretary CLIENTS: GEI provides consulting services solely to public sector clients, including municipalities Current clients include City of San Clemente, City of San Juan Capistrano, City of Mission Viejo, City of Brea, City of Santa Ana, and City of Moreno Valley. ENGINEERING SERVICES PROVIDED: PLAN CHECK OF RESIDENTIAL SUBDIVISION PLANS IN THE FOLLOWING FIELDS: a. Flood Control Facilities (regional). b. Storm Drain plans (Master planned and local). C. Street improvement plans. d. Sewer plans. e. Water plans. f. Traffic and signing plans. g. Mass Grading plans h. Rough Grading plans. i. Precise Grading plans. j. Tract Maps, Parcel Maps, Lot Line Adjustments k. Park/landscape plans. PLAN CHECK OF DEVELOPMENT PLANS SUCH AS. a. Single Family homes — hillside and flat. b. Multi -family homes — condominium sites, duplexes, etc. C. Commercial projects. d. Industrial projects. 4 III. REVIEW OF DRAINAGE REPORTS: a. Flood control project reports. b. Hydrology reports. C. Flood plan Analysis and FEMA reports. d. Master Plan of Drainage studies. e. Runoff management studies. f. Routing/retarding basin reports. g. NPDES studies h. WQMP reports. IV. REVIEW OF CAPITAL IMPROVEMENT PROJECTS: a. Street plans. b. Storm drain plans. C. Flood control plans. d. Sewer plans. e. Water plans. f. Traffic plans. g. Park plans. All plans are reviewed for substantial compliance with all required codes, standards, and criteria of various agencies. These include but are not limited to: CITY OF SAN JUAN CAPISTRANO, CALTRANS, SPPWC, CBC, COUNTY OF RIVERSIDE FLOOD CONTROL DISTRICT, ORANGE COUNTY FLOOD CONTROL DISTRICT, OC HIGHWAY DESIGN MANUAL, ORANGE COUNTY DESIGN AND AID MANUAL, AND OTHERS. 2. SYNOPSIS OF PLAN CHECKING AND PLAN CHECK APPROACH What is a project plan check? A project plan check (Quality Assurance) is an independent and impartial evaluation of a particular project in respect to design concepts and its substantial compliance with agency's design criteria and standards. It evaluates, in detail, a project's design assumptions and its technical results. Our services go beyond Quality Assurance. We also provide limited Quality control (QC) to ensure that the particular project is properly coordinated, researched, and cross-referenced with other plans and improvements. II. Why should we utilize Gong Enterprises, Inc's Plan checking services? Consistency and reliability: Ken Gong, owner, has plan checked numerous plans for over thirty-one years on a consistent basis. The continuity and reliability by performing and supervising plan checks are maintained. Many firms offer plan check services, but few firms can claim that an OWNER with abundant experience actively performs these services. 2. Government's perspective: Due to Ken's career as a former governmental employee, his plan check perspective is always biased toward the government's perspectives. He understands the importance of all required policies, standards, and criteria and their relationship toward future maintenance costs and liability issues. We are here to protect our client's interest. 3. Interaction with the government agency and the design engineer. We maintain requested time frames and are always available to answer questions the design engineer and City's In-house staff may have on the pian check/review. Ken is always accessible via telephone or meetings to discuss and resolve professional disputes. We are here to serve. 4. Standards: GEI's plan check approach is based on organized and methodical techniques with extremely high standards. Fast, economical, and thorough plan checks will minimize delays and cost to all parties involved. Be assured that the quality of the plan check will never be sacrificed. The results of our plan checks will ensure public health and safety, minimize future maintenance costs, and reduce public exposure. 0 3. RELATED PROJECTS/EXPERIENCE AND PROFESSIONAL REFERENCE GEI has provided "As needed" plan check services to various Cities. The following summarizes projects that were reviewed by this firm: CITY OF SAN JUAN CAPISTRANO: a. Pacifica San Juan. Reviewed tract maps and grading, street, storm drain, and signing/striping plans that is applicable to over 400 homes. This is a hillside development. Included in this project were numerous offsite projects that needed to be reviewed/planned check. This included extension/addition to storm drains, streets, signals, and sewer/water facilities. This project has been tracked/reviewed by this office for over 15 years. b. San Juan Hills. Reviewed master plan of drainage report, plan checked numerous street, storm drain, sewer, water, and signing/striping plans for this planned community that encompasses over 250 homes. Reviewed the tract map for this development. C. Rancho Madrina: Plan checked grading, street, sewer, water, storm drain, and retention basins within this planned community of approximately 235 homes. Analyzed effects to offsite SD facilities due to increase in discharge generated by this development and provided recommendations for remediation. d. Review of numerous "smaller projects" with the CITY that included school sites, single family residences, metal crossing culvert, smaller subdivisions, and other types of development projects. e. Creekside. Currently reviewing and offering requirements in the "pre -entitlement" phase of this subdivision to ensure design and interaction with offsite property owners is maintained throughout the future construction/final design phases. River Street: Reviewed "pre -entitlement" plans and drainage report to ensure the concepts of the development will not flood and engineering requirements will be met during final design. CITY OF SAN CLEMENTE: a. Talega Valley Planned Community. Reviewed tract maps and grading, street, storm drain, and signing/striping plans that are applicable to over 500 homes contained in a portion of this planned community (Phase 1). This includes Master Plan of Drainage facilities M02P07, M02P06, M02P08, M021301, and M02S02. 7 b. Portions of Forster Ranch Planned Community. Reviewed grading, street, storm drain, sewer, and water plans that are applicable to over 1600 homes. This project was constructed in phases, spanning over 5 years. C. Marblehead Coastal Community. Reviewed tract maps and grading, street, storm drain, sewer, and water plans that are applicable to over 400 homes. Reviewed WQMP reports, SWPPP reports, and master plan of drainage reports. d. Rancho San Clemente Industrial Park: Reviewed tract maps, grading, street, storm drain, and signing/signing plans. e. Plaza Pacifica Commercial Center: Reviewed and coordinated numerous onsite and offsite improvement plans for the development of this shopping center. Due to the dynamics of a commercial site, this project constantly changed during the review period due to lot line changes, change in site concepts, etc was very challenging. Current tenants include Lowe's, Taco Bell, Mobil, IHOP, Carl's Jr., Michael's and an adjacent residential development that was part of the overall tentative tract map that contained over 300 homes. Review of numerous "smaller projects" within the CITY that includes Hillside grading for single family residences, smaller commercial site projects, smaller industrial parks, smaller subdivisions, and other types of development projects. CITY OF MORENO VALLEY: a. Moreno Valley Ranch. This planned community was initiated in the late 1980's and stopped due to economic conditions. Project was resurrected in the early 2000's. Some of my initial work @ City of Moreno Valley included review of 5 tracts contained in this planned community. Reviewed street, storm drain, retention basin, and grading plans for over 500 homes, 1 developer, and 5 merchant builders. b. Centerpointe Industrial Park: Reviewed the runoff management plan and the numerous storm drains and retention basins contained in this project. This project was over 160 acres and involved local, master -planned, and regional drainage facilities. Reviewed precise grading plans for 8 parcels within this development. C. Stoneridge Planned Community. Responsibilities included the review of backbone storm drain and street improvements that are required for the development of this community that included condo sites, SFR sites, and a large commercial site that anchors Target, Inc. d. Reviewed approximately 10 other smaller tracts that are not mentioned above. Approximately an additional 600 homes. Reviewed grading, street, storm drain plans and the tract maps. CITY OF BREA: a. Review of the Birch and State College Mixed Use Development (Hines Development) conceptual plans for entitlement process and sewer master plan. b. Review of Final, Public Street, Storm Drain, and Signing/striping Engineering plans and Parcel Map for the Hines Development. PROFESSIONAL REFERENCES: City of San Juan Capistrano: Mr. Joe Parco, City Engineer Mr. Jeremy Hohnbaum, Senior Engineer City of San Clemente Mr. Tom Bonigut, City Engineer Mr. Zachary Ponsen, Senior Engineer City of Moreno Valley: Mr. Vince Giron, Assistant Engineer Mr. Christopher Lloyd, Assistant City Engineer/Manager Subdivision Division Mr. Larry Gonzales, Senior Engineer Mr. Guy Pegan, Senior Engineer City of Mission Viejo: Mr. Richard Schlesinger, City Engineer Mr. Joe Ames, Assistant City Engineer. City of Brea: Ms. Hsing Chao, Associate Engineer 4. COMPANY ORGANIZATION CHART President: Secretary: Treasurer: KEY PERSONNEL Ken Gong, PE David Gong Cris Robles, PLS Ken Gong, PE David Gong David Gong 5. RESUME OF PRINCIPAL OWNERS KENNETH CHO GONG, PE President/Owner EDUCATION: B.S. Engineering University of California, Irvine (1980) REGISTRATION: Professional Engineer, 1983, CA (#36494) General Contractor, B-HIC EMPLOYMENT HISTORY: 1989 to present: President/Owner Gong Enterprises, Inc. 1985-1989: Civil Engineer, EMA/Regulation/Subdivision Streets/Drainage sections 1982-1985: Civil Engineer, Orange County Flood Control District 1980-1982: Assistant Civil Engineer, EMA/Const/Materials Lab EXPERIENCE: Gong Enterprises, Inc. a. Design of master plan of drainage facility J01 P03, Foothill Ranch Community b. Design of Glen Ranch Storm drain, Foothill Ranch Community C. Plan checked numerous plans for the City of Irvine as a sub consultant to Johnson -Frank, Inc. 10 d. Preliminary design for Storm drain improvements along Amaganset Way, City of Tustin. e. Development of portions of Runoff management plan for Serrano Heights, City of Orange. f. Plan checked numerous plans for the city of Orange. g. Design of Civic Center rehabilitation projects, City of Santa Ana. h. Review of numerous street and storm drain plans within the development of the MCAS -Tustin naval base. i. Plan check services for City of San Clemente — ongoing. j. Plan check services for City of San Juan Capistrano — ongoing. k. Plan check services for City of Moreno Valley — ongoing. I. Plan check services for City of Mission Viejo m. Plan check services for City of Brea EMAIREGULATION/SUBDIVISIONS; Reviewed numerous street, grading, and drainage plans within a. Dove Canyon Planned Community. b. Rancho Santa Margarita Planned Community. C. Aliso Viejo Planned Community. d. City of Mission Viejo (formerly unincorporated territory). e. City of Laguna Niguel (formerly unincorporated territory). f. Foothill Ranch Planned Community (now part of Lake Forest). g. Baker Ranch. h. City of Laguna Hills (formerly unincorporated territory. i. Coto De Caza. j. City of EI Toro (formerly unincorporated territory). Plan checked numerous drainage projects, regional in nature. Prepared County/Developer agreements for: a. Borrego Channel (box culvert, vertical wall channel) b. EI Modena Channel (box culvert/trapezoidal concrete lined) C. Bee Canyon (box culvert, vertical wall channel) d. Garden Grove-Wintersburg Channel (box culvert) e. San Diego Creek Channel (Soil cement/trapezoidal channel) f. Marshburn Channel (box culvert, vertical wall channel) g. Aliso Viejo Channel (natural, concrete -lined) Total lineal footage reviewed: Approximately 20 miles 11 ORANGE COUNTY FLOOD CONTROL DISTRICT Designed/reviewed the following.- a. ollowing: a. San Juan Creek. b. Oso Creek. C. Carbon Creek Channel. d. Aliso Creek Channel. Responsible for all aspects of design such as: Budget analysis, right of way acquisition, agreement preparation, hydrologic analysis, hydraulic analysis, soil report acquisition and review, surveys, structures, plan preparation, contract administration, permit acquisition, and pre construction attendance. 6. CERTIFICATE OF INSURANCE Gong Enterprises, Inc. maintains general liability insurance coverage, Worker's compensation insurance, and professional liability (errors and omissions) insurance coverages. 7. FEE SCHEDULE Effective July 1., 2019 through June 30, 2022 (Prepared for the City of San Juan Capistrano) CLASSIFICATION HOURLY RATE Principal/Registered Civil Engineer $145.00 Non -registered Civil Engineer $135.00 Clerical $75.00 Blueprints, courier service Cost plus 10% 12 GEI shall bill on a time and material basis; not to exceed 75% of the total fee collected by CITY. Fee may be negotiated lower, if in the determination of the CITY a lower fee is warranted. Fee schedule subject to change, upon approval by City of San Juan Capistrano. B. AGREEMENT GEI is willing and able to enter into a professional services agreement with the City of San Juan Capistrano. 13