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
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the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required hereunder within Exhibit "B." The
Notice to Proceed shall set forth the date of commencement of work.
6. 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
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Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. 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
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(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the prov1s1ons of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
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shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of' the insured and must include a provision establishing the insurer's
duty to defend.
e. Minimum Policy Limits 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
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during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (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.
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(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance
of the Consultant's services, the Project or this Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services
are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
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
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witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects. If
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable.
Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices, hours of labor
and debarment of contractors and subcontractors .
b. If the services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Verification of 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
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a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (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.
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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]
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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
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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