17-0125_CHARLES ABBOTT ASSOCIATES, INC._Personal Services AgreementCITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
~
This Agreement is made and entered into as of X' , 20 by and
between the City of San Juan Capistrano, a municipal corporation or anized an perating
under the laws of the State of California with its principal place of business at 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675 ("City"), and CHARLES ABBOTT ASSOCIATES,
Inc., with its principal place of business at 27401 LOS ALTOS, SUITE 220, MISSION VIEJO,
CA 92691 (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 AR EAS , WH ICH INC LUDES , BUT IS NOT LIMITED T O: BUI LD ING .
ENGINEERING, ARCHITECTURAL. ENVIRONMENTAL. TRAFFIC/TRANSPORTATION ,
PLAN CH ECK, LANDSCAPE A RCHI T ECTURE . GEOTECHNICAL ENGINEERING .
PLANN ING , AND/OR WATE R QUA LI TY SERVIC ES (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
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:
1. Services .
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "C ."
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $45.000. This amount is to cover all
printing 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.
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
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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. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required hereunder within Exhibit "B." The
Notice to Proceed shall set forth the date of commencement of work.
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 Cai/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.
8. Standard of Care
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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 Subconsultant
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 may be withheld for any
reason. 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 Consultant
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 exact equivalent.
(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 Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
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(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 written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(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 written 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 prov1s1ons 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.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
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shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against 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 Requ ired
(i) The following insurance limits are required for the Agreement:
Commercial General Liability
Automobile Liability
Employer's Liability
Professional Liability
Comb ined Single Limit
$1 ,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
$1 ,000,000 per occurrence for bodily injury and
property damage
$1 ,000,000 per occurrence
$1,000,000 per claim and aggregate (errors and
omissions)
(ii) 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.
f. 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 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
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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.
Consuitant 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. Qualify ing Insu rers
(i) All policies required shall be issued by acceptable insurance
companies, as 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.
i. 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 assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
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(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 complete 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 approved by the City), indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged 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 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. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers.
b. Additional Indemnity Obligations. Consultant shall defend (with counsel
reasonably approved by the City), at Consultant's own cost, expense and risk, any and all
Claims covered by this section that may be brought or instituted against the City, its officials,
officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its officials, officers, employees, agents
or volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by the City, its officials, officers, employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
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witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers.
13. California Labor Code Requirements.
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. 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, if applicable.
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, employment of apprentices, hours of labor
and debarment of contractors and subcontractors.
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. This Project 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.
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. City Material Requ irements.
Consultant is hereby made aware of the City's requirements regarding materials, which
are deemed to be a part of this Agreement.
16. Laws and Venue.
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
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a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (1 0) 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 GREG ROBINSON, CBO 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.
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: Development Services Department
and shall be effective upon receipt thereof.
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9
CONSULTANT:
CHARLES ABBOTT ASSOCIATES, INC .
27401 Los Altos, Suite 220
Mission Viejo, CA 92691
Attn: GREG ROBINSON, CBO
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
23. Equal Opportunity 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 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,
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. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
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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.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND CHARLES ABBOTT ASSOCIATES, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO CHARLES ABBOTT ASSOCIATES, INC .
By :~
Its : Ges,L. /
Printed Nam~: &..-f £.. &_e,L
By:
APPROVED AS TO FORM :
By :
City Attorney
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND CHARLES ABBOTT ASSOCIATES, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO
By:
Ben Siegel
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
61147.02100\10974777.1
CHARLES ABBOTT ASSOCIATES, INC.
By:
Its:
Printed Name: ________ _
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EXHIBIT A
Scope of Services
13
EXHIBIT 8
Time of Performance
This is an as-needed agreement. Accordingly, Consultant shall perform services on an as-
needed basis upon receipt of a written task order from City. Such task order shall set forth the
scope of Services required to be completed and the deadline for completion. Consultant shall
comply with the terms of each task order in completing Services in a timely and professional
manner.
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61147.02100\10974777.1
EXHIBITC
Compensation
Rate Sheet
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EXHIBIT A
Scope of Services
13
Charles Abbott Associates, Inc.
"Helping public agencies provide effective and efficient municipal services to improve communities since 1984"
Proposal for
Professional Consulting Services
Prepared for
City of San Juan Capistrano
Attn: Steve May, Public Works and Utilities Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Charles Abbott Associates, Inc.
27401 Los Altos# 220
Mission Viejo, CA 92691
Toll Free : {866) 530-4980
www.caaprofessionals.com
TABLE OF CONTENTS
Table of Contents ................................................................................................ 2
Letter of Introduction .......................................................................................... 3
Consultant Services ........................................................................................... 5
General Information .................................................................................................. 5
Management Contact ................................................................................................ 5
Project Manager ........................................................................................................ 6
Type of Services Performed by the Firm ................................................................... 6
Scope of Work ........................................................................................................... 8
Turnaround Times ................................................................................................... 10
Performance Standards & Monitoring ..................................................................... 10
Key Personnel ................................................................................................... 12
Staffing Team .......................................................................................................... 12
Rusty R. Reed, P .E ................................................................................................. 13
Greg Robinson, CBO .............................................................................................. 14
Paul Melby, CBO ..................................................................................................... 15
Steve Ahuna, PE, CBO ........................................................................................... 17
Hiep Tran, PE .......................................................................................................... 18
Danny Chow, PE ..................................................................................................... 19
References ......................................................................................................... 21
Cost Proposal .................................................................................................... 24
e-Verify ............................................................................................................... 26
C.A.A professional services 2
LETTER OF INTRODUCTION
November 30, 2016
Subject: Proposal for Professional Consulting Services
Charles Abbott Associates, Inc. (CAA) is pleased to submit the enclosed proposal to the
City of San Juan Capistrano (City).
Since 1984, CAA has been providing a growing number of cities with outstanding
Building & Safety Services. Over the years, our vast knowledge, experience, and proven
ability to satisfy the needs of cities and counties of all sizes has earned us the reputation
of being one of the most qualified firms in the industry.
CAA has been providing Building & Safety and Plan Check Services to the City in the
past, and is exceptionally qualified to continue providing the requested services to the
City as described in our submittal. Our team is not only comprised of building & safety
experts, but also highly trained professionals who are able to balance regulatory
requirements, cost effectiveness, political considerations, and practicality when advising
our clients. Our corporate headquarter is located in Mission Viejo, CA, and many of our
employees are local residents, affording CAA the unique advantage to provide additional
staff without delay if the workload increases . Our Plan Review Service is provided by
full-time and part-time plan reviewers, both structural and non-structural, also located
throughout our service region and available to meet any additional workload as required.
CAA's Certified Building Officials have assisted
jurisdictions in achieving high Insured Services Office
(ISO) ratings. The ISO assesses each community on a
scale of 1 to 10 with regards to the administration and
enforcement of the building codes and mitigation of losses
from natural hazards. In 2014, CAA received a company
rating of "2" by ISO for all of our California Cities. This
INTERNATIONAL
CODE COUNCir
PREFERRED
PROVIDER
rating illustrates CAA's commitment to mitigating losses and enforcing codes to improve
safety in our communities. It is worth noting that to date, only 278 out of 8890
jurisdictions in the Country have received this high rating. Additionally, the International
Code Council (ICC) has recently recognized CAA as a Preferred Provider, making CAA
the first entity in California to receive such recognition.
In addition, our depth of professional knowledge and our 30 years of industry experience
make CAA superior to any other consultant providing these services in Southern
California. We constantly look for creative solutions for our clients' needs, and are
committed to cost effectiveness without sacrificing quality. CAA has the demonstrated
experience, staffing, and professional relationships to make all the cities we work with a
success in all the departments we serve. We believe that as you evaluate service
providers, you may very well find that several firms possess the technical skills
necessary to provide the services that you are seeking. However, we believe that upon
evaluation of our qualifications and consideration of our firm's unique and unmatched
delivery of services, you will find that CAA is best qualified to serve you.
CAA professional services 3
We pledge the full resources and backing of our firm to assure that the City has the most
efficient and cost effective building services strategy available . Our business model will
ensure that the resources dedicated to the City will not be redirected to support other
projects, thereby ensuring staff continuity and consistency at the City . We stand by our
commitment to unparalleled professionalism and service, as evidenced by an average
length of service with our clients of over 16 years.
Should the City have any questions or require additional information, please contact
Paul Melby or myself. We look forward to meeting with you to further discuss your
service needs.
Thank you in advance for your consideration .
Sincerely,
~:fo~TES,\NC .
Rusty R. Reed, PE President
CAA professional services 4
CONSULTANT SERVICES
CAA understands the City is seeking to continue to provide comprehensive contract
Building Services to provide plan check services for the City of San Juan Capistrano.
CAA has dedicated highly trained staff members from our pool of resources to the City,
including a Building Official and, commensurate with the City's workload, full-time Plans
Examiners. CAA has the experience, knowledge, and ability to manage such tasks,
assignments, and responsibilities while reducing the City's financial and staffing
burdens.
CAA is committed to fulfilling the City's scope of services in a comprehensive and
thorough manner with staff that is service oriented, courteous, and reliable. The
individuals assigned to the City do not only possess the technical skills required, but also
the interpersonal skills that tie technical know-how to practical service.
We firmly believe that City management and officials must have control of their
operations. Our approach ensures the City controls the services to be delivered and that
we are held accountable. Levels of service are provided to meet workload demands, and
the priorities of the City are clearly defined.
General Information
Official name and address: Charles Abbott Associates, Inc.
Entity type:
Ownership Structure :
Federal Tax 10:
Number of Employees :
Year Established:
Management Contact
27401 Los Altos, #220
Mission Viejo, CA 92691
Corporation
Susan Abbott and Rusty Reed are the Principals of
CAA. The Company is not owned, in whole or in part, by
another business organization or individual.
33-0053899
181
1984
Rusty Reed, President, is the representative authorized to sign agreements for CAA.
Name and address:
CM
Rusty Reed, President
Charles Abbott Associates, Inc.
27401 Los Altos, #220
Mission Viejo, CA 92691
professional services 5
rustyreed@caaprofessionals.com
(949) 279-4124
Project Manager
Greg Robinson, CBO, will serve as the Project Manager and ensure that our policies,
procedures, and manpower will provide the level of service the City desires. He will
supervise the project and maintain continuous communication with the City to ensure
that the City is 100% satisfied with our staff, our turnaround times, the quality of our
work, and the overall teamwork between our staff and yours . Any shortcomings from
the City 's perspective will be dealt with promptly.
Name and address: Greg Robinson, Regional Director/Project Manager
Charles Abbott Associates, Inc.
27 401 Los Altos, #220
Mission Viejo, CA 92691
gregrobinson@caaprofessionals .com
(805) 431-9006
Type of Services Performed by the Firm
Charles Abbott Associates, Inc. (CAA) has been a national contract service provider to
local government agencies since 1984 . Our expertise allows us to provide your agency
with the best value for your building inspection and plan check, code enforcement, city
engineering, public works, environmental, and fire prevention services. As part of our
services, we assure the following to the City:
• Key personnel will be available to the extent proposed for the duration of the
project, and no person designated "key" to the project will be removed or
replaced without the prior written consent of the City.
• Staff designated to the City will not be pulled into other projects for staff
augmentation, but will remain dedicated to the City for the entire duration of the
contract.
• Should we wish to make any permanent staffing changes, we will discuss these
changes with the City at least 30 days in advance; and
• If the City requests staffing changes, we will make them in a timely manner.
CAA has been providing Building & Safety Services to a growing number of cities and
counties in the Southern California region since 1984. The following table lists some of
the services we provide to meet the needs of our clients:
I SERVICE ROLES I SERVICES
------------
CAA professional services 6
• Building Official • Building & Safety Administration
• Building Inspector • Plan Review
• Code Compliance Officer • Building Inspections
Public Counter Technician Accessibility Assessments
• Public Works Director • Grading and Improvement Review
• City Engineer • Environmental Assessments
• Plan Checker • Municipal NPDES Programs
• Fire Prevention Specialist/Inspector • NPDES Review
Map Check Surveyor • Public Works Administrative Services
• Certified Environmental Trainers Public Works Contracting
• Project/Construction Engineer • Work Management and Budgeting
• Landscape Manager/Supervisor Systems
• Landscape Architect • Organizational/Personnel Audits
• Redevelopment Agency Engineer • Evaluation of Fee Structures
• Assessment Engineer • Grant/Funding Applications
• Traffic Engineer • AB 939 Implementation
• CASp Experts • Pavement Management
• Asset Management
CAA will provide all materials, resources, tools and training required for our
professionals to perform their assigned duties, including vehicles, cell phones, iPads,
and other technology devices that enhance our service.
Since our incorporation in 1984, CAA has grown to a full-time staff of over 180
employees . CAA has a record of very low staff turnover, which has proven highly
beneficial to our clients. CAA employs a fully credentialed, cross-trained staff that
effectively meets our building and safety and public works commitments to our clients.
Each one of our team members has worked on similar projects, and has served the
public sector for many years . CAA's proposed staff has many years of combined
experience analyzing and reviewing plans and related submittal documents for
compliance with state and local codes and amendments. Our highly qualified staff is well
trained, experienced and familiar with the adopted codes.
Staff Training
Maintaining high quality services is what has made CAA as successful as we are today .
CAA becoming an ICC Preferred Provider underscores our commitment to outstanding
quality. We understand that having experienced and qualified personnel is a
fundamental requirement of being able to deliver quality service to our clients, and we
place considerable effort in attracting and retaining our highly trained staff.
CAA is devoted to keeping our certified and licensed staff up-to-date on the latest
practices, techniques and skills in their areas of specialization . Our staff regularly
attends training courses, seminars, and conferences to ensure each is up-to-date with
the most relevant issues in the industry . As an example of these advanced industry-
training standards, CAA provides International Code Council (ICC) certified in-house
training to ensure staff members are aware of all State-mandated procedures, policies ,
and requirements. Additionally, we provide financial incentives to encourage
participation in obtaining International Code Council (ICC) and other nationally
recognized certifications. The knowledge obtained in achieving these certifications helps
CM professional services 7
our professionals to keep up with the "State of the Art" and therefore gives us the ability
to constantly improve the quality of service we are able to deliver to our clients.
We strongly believe in cross-training our employees in order to streamline the inspection
process. Each inspector is able to perform multiple inspections, which is both cost
effective to the City and simplifies the process for contractors, causing less wait times for
inspections to be approved. Providing cities with an efficient inspection process allows
local communities to become more competitive in attracting economic development
projects. Our approach to training is ongoing and not just occasional, assuring clients of
work that is in full compliance to current standards. In addition, because the staff is well
trained, they face virtually no learning curve and are able to get to work immediately.
Integration Plan
CAA prides itself on being a "team player" in each municipal service engagement. We
train our staff to recognize that citizens of the community, City staff and other
consultants are our customers and, as such, deserve our best efforts to respond, assist,
support, and work hand-in-hand.
The CAA Staff assigned to your project will be permanently assigned and will not be
utilized to back fill other clients. Our staff will be available for after hours, on-call
services.
CAA assures you that our team members will learn and keep up to date on City policies
and procedures as we commence the engagement. Our staff will participate, as
requested, in staff meetings and meetings with individuals and companies who are
coming to the City to procure services. CAA staff will adhere to all City personnel policies
and directives including hours of operation, dress code, and other team building efforts.
CAA staff will strictly adhere to your policies and procedures regarding confidentiality,
public release of information, and communications with media. CAA values each client
and our staff conducts themselves in a manner not to bring attention to CAA but rather to
always put the City in a favorable public light. This is why the average length of service
with our clients is over 16 years.
Scope of Work
CAA is very familiar with on-call plan check services, as our sole business model is
providing services to municipal governments in the form of plan checking, inspections
and administration in the areas of engineering, environmental, and building and safety .
CAA will provide the following services, as outlined by the City:
Building Services
CAA has the resources and technical capabilities to meet the demands of the Building
Division of the City as outlined in the RFP. The Building Official assigned to the City will
be onsite as needed, and will be available at all times to respond to urgent matters within
one hour of notification. Our Building Officials and Inspectors are all ICC certified. CAA's
Building Official will be responsible for the administration and enforcement of the City's
various codes and ordinances related to building safety, while ensuring that the health
and safety of the public are maintained through adherence to the requirements
established by law for the construction, alteration or use of new and existing buildings.
professional services 8
Through cooperation with other City departments, CAA is able to assist in protecting the
economic interests of the community with the ultimate goal of ensuring the development
of safe and sustainable buildings for subsequent generations.
Plan Check Services
CAA will provide ICC Certified Plans Examiners to provide building plan checks and
assist in inspections as needed. Plan review will be performed in-house and off-site
when the need arises due to workload variations and in order to meet our committed
timelines. CAA plan check staff is familiar with construction utilizing various state-of-the-
art structural systems as well as the latest technology in mechanical and electrical
systems.
CAA will provide the plan review of any and all types of structures including, but not
limited to, single family dwellings, multi-family dwellings, industrial and commercial
buildings for compliance with all local ordinances and State and Federal laws that
pertain to Building and Safety, and for compliance with the adopted Uniform Housing
Code, International Property Maintenance Code, California Building Code, California
Residential, California Plumbing Code, California Electrical Code, California Mechanical
Code, and the City Municipal Code.
• Architectural
CAA staff is certified and experienced in all phases of architectural review, including
construction types, occupancies, separations, heights, areas, egress means, and fire/life
safety. CAA staff will bring many years of experience to the City's review and inspection
process with respect to size, shape, and use of buildings with varying complexities.
Many of CAA's staff are active in non-structural and architectural code promulgation at
the state and national level and several sit on the California Association of Building
Officials (GALBO) and International Code Council (ICC) committees.
• Structural
CAA's plan review structural engineers have reviewed structural plans with varying
degrees of construction complexity from single-family homes to high-rise multi-use
facilities. CAA's plan review engineers maintain California registration with an average
experience of over 30 years in structural and design plan review.
• Mechanical
CAA staff is experienced in plan review and inspection of mechanical installations for
compliance with the California Mechanical Code, including piping, duct layouts, and
sizing for HVAC systems, mechanical equipment approval listings, and mechanical
fixture locations, sizing, and counts. CAA staff will bring such knowledge, experience,
and understanding to City reviews and inspections.
• Plumbing
CAA staff is trained to review plans for compliance with all aspects of the California
Plumbing Code, including piping layouts and isometrics, plumbing fixture locations and
approval listings, pipe size calculations, and accessibility details. CAA staff is well
knowledgeable and experienced in the review and inspection of plumbing plans and
installations, including applications from the simple to the complex. Since many of our
staff have worked in the field, they can draw on their own expertise and experiences as
the designer, developer, and inspector.
CAA professional services 9
• Electrical
CAA staff is experienced in the plan review and the inspection of various electrical
installations, both residential and commercial. CAA staff will review plans for compliance
with the California Electrical Code, including the review of schematics, diagrams, panel
schedules, load calculations, fixture approval listings, Title 24 Energy compliance
calculations, and accessibility data.
• Energy
CAA staff is well informed of California's Energy Efficiency Standards for Residential and
Non-Residential Buildings, or "California Energy" standards. CAA staff receives
extensive annual training to ensure that each is aware of the specifics of these state
programs.
• Accessibility
CAA staff attends state and locally sponsored CALBO and ICC training relative to
disabled access. CAA staff takes disabled access seriously and has been proactive on
GALBO's Accessibility Compliance Committee.
• LEED
CAA recognizes the importance of and pursues environmentally conscious design and
development procedures consistent with the U.S. Green Building Council (USGBC),
Leadership in Energy & Environmental Design (LEED) certification standards. CAA
provides staff accredited through the LEED process to be available to review City
development projects required to have LEED Certification(s).
• Green Building Code Review
CAA can and will provide staff that is aware and up to date on the California Green
Building Standards (CALGreen) Code revisions. As with LEED certification, CAA seeks
to enhance and improve City development projects through cooperation and
collaboration with stakeholders. CAA has several staff members who are Cal Green
certified plan examiners and building inspectors.
Turnaround Times
We will return all initial reviews within 10 business days for single family residential,
small and large commercial projects, and improvement plans. Rechecks will be returned
within 5 working days. These are maximum times, and we typically are able to turn
around simple plan checks in less than half the time. Expedited plan check is available
upon request and at an additional charge; expedited plans will be turned around within
48 hours.
Performance Standards & Monitoring
CAA will track, measure, and report on performance standards, schedule and budget
targets on a regular basis. CAA will provide detailed weekly, monthly, quarterly, and
annual reports of our activities to the City, including, but not limited to, fees collected,
staffing levels provided, staff hours expended, the number of inspections made, and
other financial, operational, and statistical information pertinent to the services provided .
CAA professional services 10
EXHIBIT B
Time of Performance
This is an as-needed agreement. Accordingly , Consultant shall perform services on an as-
needed basis upon receipt of a written task order from City. Such task order shall set forth the
scope of Services required to be completed and the deadline for completion. Consultant shall
comply with the terms of each task order in completing Services in a timely and professional
manner.
14
61147.02100\10974777.1
61147 .02100\10974777.1
EXHIBIT C
Compensation
Rate Sheet
15
STANDARD HOURLY RATE SCHEDULE
Effective July 1, 2015
CLASSIFICATION HOURLY CLASSIFICATION RATES
Principal Engineer 175.00 Principal Building Official
City Engineer 165.00 Building Official
Project Supervisor 145.00 Senior Building Inspector
Project Manager 135.00 Building Plan Checker
Project Engineer 132.00 Building Inspector/Plan
Checker
Sr. Registered Engineer 133.00 Code Enforcement Officer
Senior Design Engineer 115.00 Permit Specialist
Associate Engineer 110 .00
Assistant/Design Engineer 98 .00 Community Development
Director
Principal Planner
Senior Traffic Engineer/Manager 150.00 Senior Planner
Transportation Planner 110.00 Associate Planner
Traffic Engineer Associate 95.00 Planning Technician
Sr. Draftsperson (CADD) 90.00 Landscape Director
Draftsperson (CADD) 80.00 Associate Landscape Architect
Computer Technician 80.00 City Forester
Senior Environmental 145 .00 Expert Witness Services
Consultant
Environmental 115.00 Senior Contract Administrator
Engineer/Scientist II
Environmental 92.00 Administrative Assistant
Engineer/Scientist I
Associate Environmental 87.00 Word Processor
Engineer
Clerical
Senior Public Works Inspector 95.00
Public Works Inspector 87.00
3-Person Survey Crew 270.00
2-Person Survey Crew 210 .00
HOURLY
RATES
145 .00
122.00
110.00
97.00
90.00
75.00
66 .00
145.00
132 .00
107.00
97 .00
68.00
116.00
95.00
88.00
200.00
107 .00
57 .00
50.00
45 .00
The above hourly rates include general and administrative overhead and fees and employee payroll burden .
Rates are subject to an annual adjustment based upon increases adopted by Charles Abbott Associates,
Inc . as reflected in the Consumer Price Index (CPI).
------
CAA professional services 25
MASTER PLAN CHECK AND DESIGN CONSULTANT TEAM
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