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11-1101_ADVANTEC CONSULTING ENGINEERS, INC._Personal Services Agreement PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this _ day of , 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and ADVANTEC CONSULTING ENGINEERS, INC. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide Engineering, Building, and Architectural Services including plan check, temporary in-house or field consulting work required by the City, and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit"A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit"A"and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date of this agreement by all parties. This Agreement shall be for a three year(3-year) period of time with two (2) one- year extensions. The Agreement shall terminate December 31, 2016. Section 3. Compensation. 3.1 Amount. Consultant contract billings may be submitted on the consultant's forms and, at a minimum, should contain the following: Title or project(s) Purchase Order Number Total approved purchase order amount Amount paid to date Amount requested Amount remaining on purchase order Breakdown of amounts by project type or account number 1 Total cost to City for Consultant's fees shall not exceed $50,000 per project proposal for each annual period. The amount stipulated above is not a guarantee by the City to Consultant that said amount will be received by Consultant. Rather, it represents the maximum authorization permitted without further Council approval. Consultant may not, dependent upon availability of projects, receive any work. 3.2 Rate Schedule. The services shall be invoiced to the City up to the stipulated amount agreed to at the hourly rate set forth in Exhibit "B", attached and incorporated herein by reference, or as agreed to in writing. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Subject to Section 3.1 Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. 2 Section 5. Limitations Upon Subcontracting and Assi nment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any park of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E-Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 3 9.2. E-Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis.gov, or access the registration page at https://e-verify...uscis.gov/enroll/. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved,by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with 4 the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile liability coverage, including owned, hired and non-owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers Compensation Employer's Liability Insurance in the statutory amount as 5 required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers.. 14.5 Errors and Omissions Coverage [FOR PROFESSIONS/WORK EXCLUDED FROM GENERAL LIABILITY] Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days` advance written notice of termination to Consultant. 6 In addition, this Agreement may be terminated by any party for cause by providing ten (10) days` notice to the other party of a material breach of contract. If the other party does not cure the breachl of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh To Consultant: ADVANTEC CONSULTING ENGINEERS, INC. 19200 VON KARMAN AVENUE, SUITE 600 IRVINE, CA 92612 Attn: ED MILLER JR., PE, TE Sectiori 17, Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS") Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. fi Cit S N N CAPISTRANO 4 Karn P. Brust, i y Manager CONSULTANT By. ° . ATTEST: a rid Morris . CI k APPROVED AS TO FORM: (,)Mail u4loj . Omar San oval, City Attorne 8 .i Au" �4f9A'P�&�t69 1776, REQUEST FOR STATEMENT OF QUALIFICATIONS for PROFESSIONAL CONSULTING SERVICES to PERFORM AND EXECUTE ENGINEERING, BUILDING, AND ARCHITECTURAL SERVICES INCLUDING PLAN CHECK GENERAL INFORMATION It is the intent of the City of San Juan Capistrano, Public Works Department, to establish a qualified list of consultants to facilitate procurement of engineering, building, and architectural services, including plan check services, for undefined small projects, up to $50,000. The services are generally described herein and intended to supplement staffs efforts where specific expertise is required or time constraints necessitate consultant assistance. From the Statement of Qualifications (SOQ), consultants will be selected who best represent expertise across the various specialty areas. The list will become part of a five-year program. Work will be parceled out on an as-needed basis, and no specific guarantee can be given as to the annual fees and/or for consultant usage. The services will also include any other temporary in- house or field consulting work which may be required by the Department. The consultant list will only be modified in the event consultants are dropped from the list due to corporate changes or it is deemed by the City that additional consultants are warranted. The projects contemplated include, but will not be limited to, performance of engineering and design (along with the preparation of evaluation reports), plans, sketches and specifications for small scale new facilities or the maintenance, repair, and replacement of existing facilities. Facilities contemplated include, but are not limited to, wells, pumping stations, hydro-pneumatic pump stations, pipelines, pressure reducing stations, reservoirs, sewer lines, structures, and appurtenances, sewer lines, structures, and lift stations as well as other engineering and building services as further defined in this document. Also included are other related engineering services such as preliminary design reports, traffic analysis, water treatment analysis, surveying, EXHIBIT A Request for SOQ 2011 Page 2 of 7 geotechnical evaluation, ground water modeling, completion of .CEQA checklist, materials testing, grant writing, grant compliance, and demolition and disposal plans.. The purpose of this RFQ is to develop a qualified list of consultants capable of performing the work and having a ready contract and required insurances in place to streamline the- process of contracting for engineering and design work on small projects. The CONSULTANT(S) selected will be expected to execute the personal services agreement and comply with the terms of E Verification and Insurance; but not to perform any work unless authorized. INVITATION TO RESPOND The City of San Juan Capistrano is soliciting SOQ's for professional consulting services. In general, the tasks identified above and delineated herein are to be performed with minimum direction and assistance from the City. Inquiries concerning the RFQ should be directed to Nasser Abbaszadeh, Public Works Director, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675; Nabbaszadeh san'uanca istrano.or or (949) 443-6398. SUBMISSION OF SOQ SOQ's may by submitted by mail or hand delivered to the Public Works Department no I later that! 3.00 p.m., July 28, 2011. SOQ's will not be accepted after this time, attention: Nasser Abbaszadeh Public Works Director City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 FORM OF SOQ Consultant shall submit three (3) copies of the SOQ (submittal SHOULD NOT be bound r or in binder — submittal should be clipped or stapled). Submittals shall contain the following: 1. Statements clearly indicating the services in which the firm is interested; 2, Statement/discussion ofservices provided, including anticipated turnaround times and ability of firm to handle requests on an as-needed basis; 3. Resumes of key personnel for various service areas; 4. Consultant fee schedules to include hourly rates and flat fees (if any); . . Request for SOQ 2€11 Fuge 3 of 7 5. Completed consultant self rating form included with this request for SOQ. 6. E-Verify compliance (please note the requirement detailed in the attached sample Personal Service Agreement). EVALUATION OP SOQ'S The City of San Juan Capistrano is interested in selecting consultants who have the experience and expertise to render engineering and architectural design services (including plan checking) in a comprehensive and timely mariner. Accordingly, the evaluation criteria will consist primarily of three parts: 1. Consultants' expertise 2. Consultants' experience 3. Consultants' ability to handle volume and meet time demands i It is important to the City that you identify the persons you will assign to various functions, from which office they are assigned, and whether they are full-time employees of your firm. You should also address any conflict of interest that may exist and comment on solutions. The City of San Juan Capistrano reserves the right to reject any and all SOQ's. CONSULTANT'S RESPONSIBILITY The Consultant shall perform the tasks as set forth herein: A. Building Services 1. Review construction documents in accordance with the following uniform model codes as amended by City ordinance: a. Uniform Building Code - Latest adopted California Building Code b. Uniform Plumbing Code— Latest adopted California Plumbing Code c. Uniform Mechanical Code — Latest adopted California Mechanical Code d. National Electrical Code — Latest adopted Edition e. California Code of Regulations - Title 24 2. Provide a comprehensive plan review as directed or provide only specified plan review elements as follows: i a. Structural review and analysis of design and calculations b. Structural design (bridges) b. Inspection services c. Other building services as may be defined Request for SOQ 2411 Page 4 of 7 3. Provide geotechnical review and consultation regarding soils reports, geotechnical issues, features and remediation. 4. Provide building and code enforcement inspection services. B. Engineering/Architectural Services 1. Review construction documents and subdivision maps in conformance with the following standards; a. City of San Juan Capistrano Municipal Code b. City of San Juan Capistrano and County of Orange applicable design standards c. Highway Design Manual d. Manual on Uniform Traffic Control Devices (MUTCD) California Supplement e. San Diego Regional Water Quality Control Permit 2. Provide comprehensive plan review or design services as directed for the following elements: a. Geotechnical review/design b. Street improvements c. Storm drain/hydrology reports/design. Trafficlstriping improvements e. Traffic studies f. Sewer improvements g. Landscaping improvements h. Subdivision map checking i. Water engineering j. Inspection and construction management services k. Pavement analysis - I. Architectural design m. Drafting n. Water quality design and reviewle nviron mental services C. Document Transmittal Pick up and resubmit plans to the City via the Building and Safety Division or Public Works counter. Request for SOQ 2011 Page 5 of 7 D. Performance Requirements 1. Plan. Check Services Render and remit a typed plan check correction/clarification list (two copies) to the Public Works Department within 10 working days from notification by the City. 2. Engineering/Architectural Services Complete services in a thorough and efficient manner, on time and within the approved fee schedule. E. Fee Schedules 1. Engineering Fees a. Plan Check Engineering fees will be determined for'plan check services based on the attached fee schedule. The consultant shall bill on an hourly basis, not to exceed 75% of the total fee, and fees may be negotiated lower if; in the determination of the City, a lower fee is warranted. b. Design/Architectural Services will be negotiated on a project-by-project basis based on a pre- agreed scope of work. Payment will be as determined by the City project manager. 2. Building Fees a. Plan Check Total plan check at 80% of base plan check fee paid by applicant not 1 including any surcharges (base plan check fee). Base plan check fee will be 65% of building permit fee, not including surcharges. Structural plan check is not to exceed 60% of base plan check fee, not including any surcharges. f 3. Other Services Services will be negotiated on a project-by-project basis based on a pre- agreed scope of work., Payment will be as determined by the City project manager. Request for SOQ 2011 page 6 of 7 F. Maintenance of Records The consultant will maintain all books, documents, papers, employee time sheets, accounting records/ledgers and other evidence pertaining to costs incurred and shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment for inspection by the City. The consultant shall furnish copies, if requested. CITY'S RESPONSIBILITY The City shall perform the tasks as set forth herein: A. Establishment of Valuation (Plan.Check Services Only) Assign a valuation to the proposed work in accordance with the appropriate Engineering or Building Division standards. The City shall collect all fees from the applicant in connection with the services. B. Pro'ect submittals City will supply all necessary documentation/specifications, reports, studies, calculations, etc., to Consultant as is readily available'at the City. C. Coordination City will serve as project coordinator. On plan checking, the City will be responsible for notifying the applicant when plans with corrections are available to pick up. The City will route plans (preliminary/revised) to and from the Consultant. SELECTION PROCESS The CITY may select for contract negotiations the firm(s) that, in the CITY's judgment, will best meet the CITY's needs, irrespective of the comparison of fee schedules presented by the proposers. The CITY's CONSULTANT evaluation and selection process is based on the following criteria. a. Familiarity with the type and manner of work described. b. Qualifications and experience of the Project Manager, Project Engineer, other i key individuals, and sub consultants, The CITY reserves the right to request a change of Project Manager, or any member of the team, should it deem it necessary. The CONSULTANT shall honor this request. c. Results of reference checks. d. Clarity of the SOQ. I e. Compliance with SOQ requirements. l E E ... Request for 5©Q 2011 Page 7 of 7 When a specific project is defined and solicited, the CITY will negotiate a contract with the best-qualified firm for the desired consulting services at compensation which the staff determines" is fair and reasonable to the CITY. Should CITY be unable to negotiate a satisfactory contract with the selected firm, negotiations withthat firm will be formally suspended. Negotiations will then be undertaken with the next most qualified firm. Failing to reach an accord with the second most qualified firm, the CITY will suspend negotiations with that firm and continue the negotiation process with the next most qualified firms until an agreement is reached. Sincerely, Nasser Abbaszadeh, P.E. Public Works Director Attachments: 1. Consultant Self-Rating Form 2. Fee Schedules 3. Sample Personal Services Agreement r 4 i P { i f i 3 ADVANTEC Consulting Engineers 19200 Von Karman Avenue 4, Suite 600* Irvine * CA 91612 Hourly Rates The following hourly rates are applicable as of January 2011, and these rates are to be maintained for a minimum of one year. Effective January 2011 Classification Rate Project Director til $260/ hour Project Director 11 $220/ hour Project Manager $200/hour Senior Engineer $150/ hour Engineer $140/ hour CAD Designer 11 $ 95 / hour CAD Designer 1 $ 75 / hour Field Technician $ 65/ hour Administrative $ 90/ hour Administrative Assistant $ 75 /hour Direct Costs Effective January 2011 Mileage $050/mile In House Plotting (Mylar) $20,00 per D-size sheet In House Plotting (Bond) $10.00 per D-size sheet Other Direct Costs At Cost + 10% admin Tel: (949) 622-5551 0 Fax: (949) 622--5554 * Website: www.advantee-usa.com EXHIBIT B