Loading...
17-0125_GONG ENTERPRISES, INC._Professional Services AgreementCITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of \l('ctQAIL{ ~ 20 1'1-by and between the City of San Juan Capistrano, a municipal 'C6fP oration organ ized and operating 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 GONG ENTERPRISES, INC. (GEl), with its principal place of business at 7755 CENTER AVE., STE 1100, HUNTINGTON BEACH, CA 92647 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: CONSULTING SERVICES IN ONE OR MORE OF THE FOLLOWING AREAS , WHICH INCLUDES. BUT IS NOT LIMITED TO: BUILDING , ENGINEERING, ARCHITECTURAL, E NVIRONMENTAL, TRAFFIC/TRANSPORTATION. PLAN CHECK, LANDSCAPE ARCHITECTURE. GEOTECHNICAL ENGINEERING, PLANNING. AND/OR WATER QUALITY SERVICES (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 pe r project. 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. De lays 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 Gal/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 61147.02100110974 777.1 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. Assignmen t an d Sub co nsul tant 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 Consu ltan t 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. Co m mercial Gen eral Li ab ility (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 61147.02100\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 Required (i) The following insurance limits are required for the Agreement: Commercial General Liability Automobile Liability Employer's Liability Professional Liability Combined 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 (1 0) 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 (1 0) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qual ifying Insurers (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 of City's choosing and 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 Emp loyment 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 Requirements. 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 61147.02100110974777.1 a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned . City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 18 Docume n ts. 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. Org an izati on Consultant shall assign KENNETH CHO GONG, P.E. as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 20. Li m itati on of Agree me nt. 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: Public Works Department and shall be effective upon receipt thereof. 61147.02100\10974777.1 9 CONSULTANT: GONG ENTERPRISES, INC. (GEl) 7755 CENTER AVE., STE 1100 HUNTINGTON BEACH, CA 92647 Attn: KENNETH CHO GONG, P.E. 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. Prohib ited 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. I SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND GONG ENTERPRISES, INC. (GEl) IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above . CITY OF SAN JUAN CAPISTRANO GONG ENTERPRISES, INC. (GEl) ~?n i'Vi--Cio hey lra/d-eif trjVJ/It By : Its: Printed Name: ,4.11/le* Go ~ ATTEST: ~ By: ft)( ~~e~ APPROVED AS TO FORM : 12 61147.02100\10974777 .1 61147.02100\10974777.1 EXHIBIT A Scope of Services 13 REQUEST FOR STATEMENT OF QUALIFICATIONS for PROFESSIONAL CONSULTING SERVICES to PERFORM ENGINEERING, BUILDING, ARCHITECTURAL SERVICES INCLUDING PLAN CHECK, ARCHAEOLOGICAL, AND ENVIRONEMTAL SERVICES GENERAL INFORMATION It is the intent of the City of San Juan Capistrano, Public Works and Utilities Department and Development Services Department, to establish a qualified list of consultants to facilitate procurement of engineering, building, and architectural services, including plan check services, for undefined small projects, up to $50,000. The services are generally described herein and intended to supplement staff's efforts where specific expertise is required or time constraints necessitate consultant assistance. From the Statement of Qualifications (SOQ), consultants will be selected which best represent expertise within the various specialty areas. The list will become part of a five-year program. Work will be contracted out on an as-needed basis, and no specific guarantee can be given as to the annual fees or consultant usage. The services will also include other temporary, in-house or field consulting work that might be required by the Departments. The projects contemplated include, but will not be limited to, performance of engineering and design (along with the preparation of evaluation reports); including architecture, plans, sketches and specifications for small scale new facilities or the maintenance, repair, replacement of existing facilities, and archaeological services. Facilities contemplated include, but are not limited to, wells, pumping stations, hydro- pneumatic pump stations, pipelines, pressure reducing stations, reservoirs, sewer lines, structures, and appurtenances, sewer lines, structures, and lift stations, as well as other engineering and building services as further defined in this document. Also included are other related engineering services such as preliminary design reports, traffic analysis, water treatment analysis, surveying, geotechnical evaluation, groundwater modeling, Request for SOQ 2016 Page 2 of 7 completion of CEQA checklisUdocuments, materials testing, grant writing, grant compliance, and demolition and disposal plans . The purpose of this RFQ is to develop a qualified list of consultants capable of performing the work and having a ready contract and required insurances in place to streamline the process of contracting for engineering and design work on small projects. The CONSUL TANT(S) selected will be expected to execute the personal services agreement and comply with the terms of E-Verification and Insurance; but not to perform any work unless authorized. INVITATION TO RESPOND The City of San Juan Capistrano is soliciting SOQ's for professional consulting services. In general, the tasks identified above and described herein are to be performed with minimum direction and assistance from the City. Inquiries concerning the RFQ should be directed to Associate Engineer, Joe Mankawich 32400 Paseo Adelanto, San Juan . Capistrano, CA 92675; jmankawich@sanjuancapistrano.org or (949) 487-4313. SUBMISSION OF SOQ SOQ's may by submitted by mail or hand delivered to the Public Works Department no later than 3:00 p.m., October 20, 2016. SOQ's will not be accepted after this time, attention: Steve May Public Works and Utilities Director City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 FORM OF SOQ Consultant shall submit three (3) copies of the SOQ (submittal SHOULD NOT be bound or in binder -submittal should be clipped or stapled). Submittals shall contain the following: 1. Statements clearly indicating the services in which the firm is interested; 2. StatemenUdiscussion of services provided, including anticipated turnaround times and ability of firm to handle requests on an as-needed basis; 3. Resumes of key personnel for various service areas; Request for SOQ 2016 Page 3 of 7 4. Consultant fee schedules to include hourly rates and flat fees (if any); 5. Completed consultant self rating form included with this request for SOQ. 6. E-Verify compliance (please note the requirement detailed in the attached sample Personal Service Agreement). EVALUATION OF SOQ'S The City of San Juan Capistrano is interested in selecting consultants who have the experience and expertise to render engineering and architectural design services (including plan checking) in a comprehensive and timely manner. Accordingly, the evaluation criteria will consist primarily of three parts: 1. Consultants' expertise 2. Consultants' experience 3. Consultants' ability to handle volume and meet time demands It is important to the City that you identify the persons you will assign to various functions, from which office they are assigned, and whether they are full-time employees of your firm. You should also address any conflict of interest that may exist and comment on solutions. CONSULTANT'S RESPONSIBILITY The Consultant shall perform the tasks as set forth herein: A. Buil di ng Serv ices 1. Review construction documents in accordance with the following uniform model codes as amended by City ordinance: a. Uniform Building Code -Latest adopted California Building Code b. Uniform Plumbing Code-Latest adopted California Plumbing Code c. Uniform Mechanical Code -Latest adopted California Mechanical Code d. National Electrical Code-Latest adopted Edition e. California Code of Regulations -Title 24 f. California Electrical Code-Latest Adopted Edition 2 . Provide a comprehensive plan review as directed or provide only specified plan review elements as follows: a. Structural review and analysis of design and calculations b . Structural design (bridges) b. Inspection services c. Other building services as may be defined Request for SOQ 2016 Page 4 of7 3 . Provide geotechnical review and consultation regarding soils reports, geotechnical issues, features and remediation. 4. Provide building and code enforcement inspection services . B. Engineering/Architectural Services 1. Review construction documents and subdivision maps in conformance with the following standards: a. City of San Juan Capistrano Municipal Code b. City of San Juan Capistrano and County of Orange applicable design standards c. State of California Highway Design Manual d. Manual on Uniform Traffic Control Devices (MUTCD) -California Supplement e. San Diego Regional Water Quality Control Permit f. State of California Subdivision Map Act 2 . Provide comprehensive plan review or design services as directed for the following elements: a. Geotechnical review/design b. Street improvements c. Storm drain/hydrology reports/design. d. Traffic/striping improvements e. Traffic studies and impact analysis f. Sewer improvements g. Landscaping improvements h. Subdivision map checking i. Water engineering j. Inspection and construction management services k. Pavement analysis I. Architectural design m. Drafting n. Water quality design and review/environmental services C. Archaeological Services 1. Provide field monitoring (including Native American Monitor) for construction projects in compliance with City Council Policy 601. 2 . Prepare and submit a historic resource or paleontological report as prescribed in City Council Policy 601. Request for SOQ 2016 Page 5 of7 D. Document Transmittal Pick up and resubmit plans to the City via the Building and Safety Division or Public Works counter. E. Performance Requirements 1 . Plan Check Services Render and remit a typed plan check correction/clarification list (two copies) to the Public Works Department within 10 working days from notification by the City. 2. Engineering/Architectural Services Complete services in a thorough and efficient manner, on time and within the approved fee schedule. F. Fee Schedules 1. Consultant Fees a. Plan Check Consultant fees will be determined for plan check services based on the attached fee schedule. Consultant fees will be adjusted annually based upon the Consumer Price Index (CPI). The consultant shall bill on an hourly basis, not to exceed 75% of the total fee, and fees may be negotiated lower if, in the determination of the City, a lower fee is warranted. b. Design/Architectural Services will be negotiated on a project-by-project basis based on a pre- agreed scope of work. Payment will be as determined by the City project manager. 2 . Building Fees a. Plan Check Total plan check at 80% of base plan check fee paid by applicant not including any surcharges (base plan check fee). Base plan check fee will be 65% of building permit fee, not including surcharges. Request for SOQ 2016 Page 6 of 7 Structural plan check is not to exceed 60% of base plan check fee, not including any surcharges. 3. Other Services Services will be negotiated on a project-by-project basis based on a pre- agreed scope of work. Payment will be as determined by the City project manager. G. Maintenance of Records The consultant will maintain all books, documents, papers, employee time sheets, accounting records/ledgers and other evidence pertaining to costs incurred and shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment for inspection by the City. The consultant shall furnish copies, if requested. CITY'S RESPONSIBILITY The City shall perform the tasks as set forth herein: A. Establishment of Valuation (Plan Check Services Only) Assign a valuation to the proposed work in accordance with the appropriate Engineering or Building Division standards. The City shall collect all fees from the applicant in connection with the services . B. Project submittals City will supply all necessary documentation/specifications, reports, studies, calculations, etc., to Consultant as is readily available at the City. C. Coordination City will serve as project coordinator. On plan checking, the City will be responsible for notifying the applicant when plans with corrections are available to pick up. The City will route plans (preliminary/revised) to and from the Consultant. SELECTION PROCESS The CITY may select for contract negotiations the firm(s) that, in the CITY's judgment, will best meet the CITY's needs, irrespective of the comparison of fee schedules presented by the proposers. The CITY's CONSULTANT evaluation and selection process is based on the following criteria. a. Familiarity with the type and manner of work described . Request for SOQ 2016 Page 7 of7 b. Qualifications and experience of the Project Manager, Project Engineer, other key individuals, and sub consultants. The CITY reserves the right to request a change of Project Manager, or any member of the team, should it deem it necessary. The CONSULTANT shall honor this request. c. Results of reference checks. d. Clarity of the SOQ. e. Compliance with SOQ requirements. When a specific project is defined and solicited, the CITY will negotiate a contract with the best-qualified firm for the desired consulting services at compensation which the staff determines is fair and reasonable to the CITY. Should CITY be unable to negotiate a satisfactory contract with the selected firm, negotiations with that firm will be formally suspended. Negotiations will then be undertaken with the next most qualified firm. Failing to reach an accord with the second most qualified firm, the CITY will suspend negotiations with that firm and continue the negotiation process with the next most qualified firms until an agreement is reached. Sincerely, Attachments: 1. Consultant Self-Rating Form 2. Sample Personal Services Agreement G ONG E NTERPRISES, I Nc. CIVI L ENGIN EE RING/CON SU LTANTS TO GOVE RNM ENTAL AGE NCI ES October 19, 2016 Mr. Steve May, Public Works and Utilities Director City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Proposal to provide Professional Consulting Services to perform and execute Engineering plan checking. Dear Steve: Gong Enterprises, Inc. (GEl) is pleased to present this STATEMENT OF QUALIFICATIONS. GEl is interested in providing plan checking services for Subdivision grading , streets, traffic, signals, signing, and striping, storm drain, sewer, and water plans; hydrology and hydraulic reports, and Tract Maps. In addition, GEl is also interested in rendering independent 3rd party review for CITY initiated Capital Improvement projects. We believe that we can provide excellent plan checking services based on the following: A. Ken Gong, PE, an owner of GEl has over thirty-six (36) years of local Orange County experience, with the last twenty-seven years providing plan checking and consultation services to various agencies, including the City of San Juan Capistrano. B. We have significant experience in the review of numerous residential and commercial development projects. C. Our plan checking services include both Quality Assurance (QA) and Quality Control (QC). D. GEl's philosophy of the role of consultant is to support, provide advice, and to be an "extension" of in-house staff, and to render independent third party reviews to ensure compliance with CITY criteria. E. GEl's commitment to meet anticipated time frame goals of ten (10) working days for plan check turnaround time requirements. F. GEl has the capacity, flexibility, and capabilities to handle the anticipated volume of work on an "As-Needed" basis. Mr. Ken Gong will be the responsible contact person at GEl. Ken will personally be involved in the plan check process and will review and/or oversee every technical document and improvement plan. All business will be conducted through the Huntington Beach office. Since GEl provides services primarily to municipalities, there are no professional conflicts of interest with the private sector. 7755 Center Avenue, Suite 1100 I Huntington Beach, CA 926471 Ph: (714) 372-49591 Fax (714) 372-4968 Email: GONGENTERPRISES @Y AHOO .COM Plan Check I Consulting Thank you for your consideration. We are looking forward to providing the very best plan checking services for you and the CITY OF SAN JUAN CAPISTRANO. Sincerely, GONG ENTERPRISES, INC. Kenneth Cho Gong, PE President C:SanJuanCapistrano2016brochure 2 TABLE OF CONTENTS: 1. COMPANY PROFILE AND SERVICES OFFERED 2. SYNOPSIS OF PLAN CHECKING AND PLAN CHECK APPROACH 3. RELATED PROJECTS/EXPERIENCE AND PROFESSIONAL REFERENCES 4. COMPANY ORGANIZATION CHART 5. RESUME OF PRINCIPAL 6. CERTIFICATE OF INSURANCE 7. FEE SCHEDULE 8. AGREEMENT REQUIREMENTS 9. CONSULTANT SELF-RATING FORM 3 1. COMPANY PROFILE AND ENGINEERING SERVICES PROVIDED GONG ENTERPRISES, INC. was incorporated in 1983 and has been providing professional civil engineering services since 1989. GEl is a Civil Engineering firm specializing in plan check of commercial, industrial, single family residences, and large subdivision plans. OWNERS: Kenneth Cho Gong, PE ............ President Stuart Cho Gong, PE ............... Vice President David Cho Gong, Accountant. .... Secretary CLIENTS: GEl provides consulting services solely to public sector clients, including municipalities . Current clients include City of San Clemente, City of San Juan Capistrano, City of Mission Viejo, City of Brea, and City of Moreno Valley. ENGINEERING SERVICES PROVIDED: I. PLAN CHECK OF RESIDENTIAL SUBDIVISION PLANS IN THE FOLLOWING FIELDS: a. Flood Control Facilities (regional). b. Storm Drain plans (Master planned and local). c. Street improvement plans. d. Sewer plans. e. Water plans. f. Traffic and signing plans. g. Mass Grading plans h. Rough Grading plans. i. Precise Grading plans. j. Tract Maps, Parcel Maps, Lot Line Adjustments k. Park/landscape plans. II. PLAN CHECK OF DEVELOPMENT PLANS SUCH AS : a. Single Family homes-hillside and flat. b. Multi-family homes -condominium sites, duplexes, etc . c. Commercial projects. d. Industrial projects. 4 Ill. REVIEW OF DRAINAGE REPORTS : a. Flood control project reports. b. Hydrology reports. c. Flood plan Analysis and FEMA reports. d. Master Plan of Drainage studies. e. Runoff management studies. f. Routing/retarding basin reports. g. NPDES studies h. WQMP reports. IV. REVIEW OF CAPITAL IMPROVEMENT PROJECTS: a. Street plans. b. Storm drain plans. c. Flood control plans. d. Sewer plans. e. Water plans. f. Traffic plans. g. Park plans. All plans are reviewed for substantial compliance with all required codes, standards, and criteria of various agencies. These include but are not limited to: CITY OF SAN JUAN CAPISTRANO, CAL TRANS, SPPWC, CBC, COUNTY OF RIVERSIDE FLOOD CONTROL DISTRICT, ORANGE COUNTY FLOOD CONTROL DISTRICT, OC HIGHWAY DESIGN MANUAL, ORANGE COUNTY DESIGN AND AID MANUAL, AND OTHERS. 5 2. SYNOPSIS OF PLAN CHECKING AND PLAN CHECK APPROACH I. What is a project plan check? A project plan check (Quality Assurance) is an independent and impartial evaluation of a particular project in respect to design concepts and its substantial compliance with agency's design criteria and standards. It evaluates, in detail, a project's design assumptions and its technical results. Our services go beyond Quality Assurance. We also provide limited Quality control (QC) to ensure that the particular project is properly coordinated, researched, and cross-referenced with other plans and improvements. II. Why should we utilize Gong Enterprises, Inc's Plan checking services? 1. Consistency and reliability: Ken Gong, owner, has plan checked numerous plans for over thirty-one years on a consistent basis. The continuity and reliability by performing and supervising plan checks are maintained. Many firms offer plan check services, but few firms can claim that an OWNER with abundant experience actively performs these services. 2 . Government's perspective: Due to Ken's career as a former governmental employee, his plan check perspective is always biased toward the government's perspectives. He understands the importance of all required policies, standards, and criteria and their relationship toward future maintenance costs and liability issues. We are here to protect our client's interest. 3. Interaction with the government agency and the design engineer. We maintain requested time tables and are always available to answer questions the design engineer and City's In-house staff may have on the plan check/review. Ken is always accessible via telephone or meetings to discuss and resolve professional disputes. We are here to serve. 4 . Standards: GEl's plan check approach is based on organized and methodical techniques with extremely high standards. Fast, economical, and thorough plan checks will minimize delays and cost to all parties involved. Be assured that the quality of the plan check will never be sacrificed. The results of our plan checks will ensure public health and safety, minimize future maintenance costs, and reduce public exposure. 6 3. RELATED PROJECTS/EXPERIENCE AND PROFESSIONAL REFERENCE GEl has provided "As needed" plan check services to various Cities. The following summarizes projects that were reviewed by this firm: CITY OF SAN JUAN CAPISTRANO: a. Pacifica San Juan. Reviewed tract maps and grading, street, storm drain, and signing/striping plans that is applicable to over 400 homes. This is a hillside development. Included in this project were numerous offsite projects that needed to be reviewed/planned check. This included extension/addition to storm drains, streets, signals, and sewer/water facilities. This project has been tracked/reviewed by this office for over 15 years. b. San Juan Hills. Reviewed master plan of drainage report, plan checked numerous street, storm drain, sewer, water, and signing/striping plans for this planned community that encompasses over 250 homes. Reviewed the tract map for this development. c. Rancho Madrina: Plan checked grading, street, sewer, water, storm drain, and retention basins within this planned community of approximately 235 homes. Analyzed effects to offsite SO facilities due to increase in discharge generated by this development and provided recommendations for remediation. d . Review of numerous "smaller projects" with the CITY that included school sites, single family residences, metal crossing culvert, smaller subdivisions, and other types of development projects. CITY OF SAN CLEMENTE: a. Talega Valley Planned Community. Reviewed tract maps and grading, street, storm drain, and signing/striping plans that are applicable to over 500 homes contained in a portion of this planned community (Phase 1). This includes Master Plan of Drainage facilities M02P07, M02P06, M02P08, M02801, and M02S02. b. Portions of Forster Ranch Planned Community. Reviewed grading, street, storm drain, sewer, and water plans that are applicable to over 1600 homes. This project was constructed in phases, spanning over 5 years. c. Marblehead Coastal Community. Reviewed tract maps and grading, street, storm drain, sewer, and water plans that are applicable to over 400 homes. Reviewed WQMP reports, SWPPP reports, and master plan of drainage reports . 7 d . Rancho San Clemente Industrial Park: Reviewed tract maps, grading, street, storm drain, and signing/signing plans. e . Plaza Pacifica Commercial Center: Reviewed and coordinated numerous onsite and offsite improvement plans for the development of this shopping center. Due to the dynamics of a commercial site, this project constantly changed during the review period due to lot line changes, change in site concepts, etc was very challenging. Current tenants include Lowe's, Taco Bell, Mobil, I HOP, Carl's Jr., Michael's and an adjacent residential development that was part of the overall tentative tract map that contained over 300 homes. f . Review of numerous "smaller projects" within the CITY that includes Hillside grading for single family residences, smaller commercial site projects, smaller industrial parks, smaller subdivisions, and other types of development projects . CITY OF MORENO VALLEY: a . Moreno Valley Ranch. This planned community was initiated in the late 1980's and stopped due to economic conditions. Project was resurrected in the early 2000's. Some of my initial work @ City of Moreno Valley included review of 5 tracts contained in this planned community. Reviewed street, storm drain, retention basin, and grading plans for over 500 homes, 1 developer, and 5 merchant builders. b. Centerpointe Industrial Park: Reviewed the runoff management plan and the numerous storm drains and retention basins contained in this project. This project was over 160 acres and involved local, master-planned, and regional drainage facilities. Reviewed precise grading plans for 8 parcels within this development. c. Stoneridge Planned Community. Responsibilities included the review of backbone storm drain and street improvements that are required for the development of this community that included condo sites, SFR sites, and a large commercial site that anchors Target, Inc. d . Reviewed approximately 10 other smaller tracts that are not mentioned above. Approximately an additional 600 homes. Reviewed grading, street, storm drain plans and the tract maps. 8 CITY OF BREA: a. Review of the Birch and State College Mixed Use Development conceptual plans for entitlement process and sewer master plan. Final Engineering plans are forthcoming. PROFESSIONAL REFERENCES: City of San Clemente Mr. Bill Cameron, City Engineer Mr. Zachary Ponsen, Senior Engineer City of Moreno Valley: Mr. Vince Giron, Assistant Engineer Mr. Christopher Lloyd, Manager-Subdivision Division Mr. Larry Gonzales, Senior Engineer City of Mission Viejo : Mr. Richard Schlesinger, City Engineer Mr. Joe Ames, Assistant City Engineer. City of Brea: Mr. Steve Kooyman, City Engineer Ms . Hsing Chao , Associate Engineer 9 4. COMPANY ORGANIZATION CHART President: Vice President: Secretary: Treasurer: KEY PERSONNEL Ken Gong, PE David Gong Cris Robles, PLS Ken Gong, PE Stuart Gong David Gong David Gong 10 5. RESUME OF PRINCIPAL OWNERS KENNETH CHO GONG, PE President/Owner EDUCATION : B.S. Engineering University of California, Irvine (1 980) REGISTRATION: Professional Engineer, 1983, CA (#36494) General Contractor, 8-HIC EMPLOYMENT HISTORY: EXPERIENCE: 1989 to present: President/Owner Gong Enterprises, Inc. 1985-1989: Civil Engineer, EMA/Regulation/Subdivision Streets/Drainage sections 1982-1985 : Civil Engineer, Orange County Flood Control District 1 980-1 982 : Assistant Civil Engineer, EMA!Const/Materials Lab Gong Enterprises, Inc. a. Design of master plan of drainage facility J01 P03, Foothill Ranch Community b. Design of Glen Ranch Storm drain, Foothill Ranch Community c. Plan checked numerous plans for the City of Irvine as a sub consultant to Johnson-Frank, Inc. d. Preliminary design for Storm drain improvements along Amaganset Way, City of Tustin. e. Development of portions of Runoff management plan for Serrano Heights, City of Orange. f. Plan checked numerous plans for the city of Orange. g. Design of Civic Center rehabilitation projects, City of Santa Ana. h. Review of numerous street and storm drain plans within the development of the MCAS-Tustin naval base. i. Plan check services for City of San Clemente-ongoing. j. Plan check services for City of San Juan Capistrano-ongoing. k. Plan check services for City of Moreno Valley-ongoing. I. Plan check services for City of Mission Viejo-ongoing m . Plan check services for City of Brea-ongoing 11 EMAIREGULATION/SUBDIVISIONS ; Reviewed numerous street, grading, and drainage plans within : a . Dove Canyon Planned Community. b . Rancho Santa Margarita Planned Community. c . Aliso Viejo Planned Community. d . City of Mission Viejo (formerly unincorporated territory). e . City of Laguna Niguel (formerly unincorporated territory). f. Foothill Ranch Planned Community (now part of Lake Forest). g . Baker Ranch. h. City of Laguna Hills (formerly unincorporated territory. i. Coto De Caza. j. City of El Taro (formerly unincorporated territory). Plan checked numerous drainage projects, regional in nature. Prepared County/Developer agreements for: a. Borrego Channel (box culvert, vertical wall channel) b. El Modena Channel (box culvert/trapezoidal concrete lined) c. Bee Canyon (box culvert, vertical wall channel) d. Garden Grove-Wintersburg Channel (box culvert) e. San Diego Creek Channel (Soil cemenVtrapezoidal channel) f. Marshburn Channel (box culvert, vertical wall channel) g. Aliso Viejo Channel (natural, concrete-lined) Total lineal footage reviewed: Approximately 20 miles . ORANGE COUNTY FLOOD CONTROL DISTRICT Designed/reviewed the following : a. San Juan Creek. b. Oso Creek. c. Carbon Creek Channel. d. Aliso Creek Channel. Responsible for all aspects of design such as: Budget analysis, right of way acquisition, agreement preparation, hydrologic analysis, hydraulic analysis, soil report acquisition and review, surveys, structures, plan preparation, contract administration, permit acquisition, and pre construction attendance. 12 6. CERTIFICATE OF INSURANCE Gong Enterprises, Inc. maintains general liability insurance coverage, Worker's compensation insurance, and professional liability (errors and omissions) insurance coverages. 13 8. AGREEMENT GEl is willing and able to enter into a professional services agreement with the City of San Juan Capistrano. 15 9. CONSULTANT SELF-RATING FORM Please refer to the following sheet. 16 MASTER PLAN CHECK ANQ DESIGN CONSULTANT LIST ENGINEERING SERVICES SELF BATING FORM COMPANY NAME h ~"tf~h!t/ ~~ rji ~ L~ ~ ~~ < ~ rf~ ,o i (/ ~'II ~..fl~ .. //1 ~ '~fl ~;:~ ~ ~ ~~ II ~ ~ ~~f! 1!?4/./6 SJ..,...._,.., 'SSS' IAI't:: ..,. V" v v ...... ....... v ...... v v I $' ID lo .~. /() F IIJ /(') /0 3' /-4/~ltS-r /n-Bt;S-r , 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 7. FEE SCHEDULE Effective July 1., 2016 through June 30, 2017 (Prepared for the City of San Juan Capistrano) CLASSIFICATION Principal/Registered Civil Engineer Non-registered Civil Engineer Clerical Blueprints, courier service HOURLY RATE $145.00 $135.00 $75.00 Cost plus 10% GEl shall bill on a time and material basis; not to exceed 75% of the total fee collected by CITY. Fee may be negotiated lower, if in the determination of the CITY a lower fee is warranted. Fee schedule subject to change, upon approval by City of San Juan Capistrano. 14