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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 1 61147 .02100\10974777.1 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 2 61147.02100\10974777.1 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 3 6ll4 7.02100\10974777.1 (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 4 61147.02100\10974777.1 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 5 61147.02100\10974777.1 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. 6 61147.02100\10974777.1 (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 7 61147.02100\10974777.1 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 8 61147.02100\10974777.1 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. 61147.02100\10974777.1 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. 10 61147.02100\10974777.1 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] 11 61147.02100\10974777.1 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 12 61147.02100\10974777.1 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: ________ _ 12 61147.02100\10974777.1 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. 14 61147.02100\10974777.1 61147.02100\10974777.1 EXHIBITC Compensation Rate Sheet 15 61147 .02100\10974777 . I 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 ~ ~ : BUI DING SERVICES SELF RATING FORM ·~ : ·~ ~ ~ ~ ·~ ·~ $ ~ ~ ·~ ;;; ~ t <'.; :~ ~ ~ :§ ·~ ~ ~ ~ ~ ~ <'.; ·~ ·~ ~ § ~ ~ ~ ·~ ~ cJ ~ e ·~ (j ~ & ·lt f ·~ ~ (j CZI ~ .;s "S f (( 8. ·~ § ...:;; ~ ~ '6 ~ () ~ ~ ~ ~ ~ ~ ~ COMPANY NAME (!j 4J (( ~ .....: '? Charles Abbott Associates, Inc. 5 10 10 10 10 10 10 10 10