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HomeMy WebLinkAboutCO 2025-184 - AufbauDocusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 y of Rai i CONTRACT NUMBER ER AGREEMENT FOR DESIGN PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 2 day of September, 2025, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and Aufbau, a Corporation ("Consultant"). RECITALS A. City has heretofore issued its request for proposals to perform the following design professional services: On -Call Civil Services ("the Project"). B. Consultant has submitted a proposal to perform the professional services described in Recital "A", above, necessary to complete the Project. C. City desires to engage Consultant to complete the Project in the manner set forth and more fully described herein. D. Consultant represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perform all technical and design professional services described in Recitals "A" and "B" above, including, but not limited to On -Call Services, all as more fully set forth in the Consultant's proposal, dated April 18, 2019 and entitled "Scope of Work", attached hereto as Exhibit "A", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Consultant are set forth in the Scope of Work and are referred to herein as "the Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City, the Consultant will promptly meet with City staff to discuss any revisions to the Project desired by the City. Consultant agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Consultant's compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Consultant by more than ten PSA with professional liability insurance (Design) Page 1 Last Revised: 01/11/2018 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's City Manager without amendment. 1.3 Time for Performance. Consultant shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is attached hereto as Exhibit "NA". 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall be six (6) months and shall become effective as of the date of the mutual execution by way of both parties' signature (the "Effective Date"). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. 3. Compensation. 3.1 Compensation. City shall compensate Consultant as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Consultant shall not exceed $100,000, including all out of pocket expenses, unless additional compensation is approved by the City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Consultant be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Consultant for any authorized extra services as set forth in Exhibit A. PSA with professional liability insurance (Design) Page 2 Last Revised: 01/11/2018 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 4. Method of Payment. 4.1 Invoices. Consultant shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Consultant in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not -to -exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Consultant relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City's representative shall be Miguel Sotomayor, Principal Civil Engineer, or such other person as designated in writing by the City ("City Representative"). It shall be Consultant's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Consultant Representative. For the purposes of this Agreement, Vartan V. Vartanians is hereby designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Consultant's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Consultant's Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Consultant's Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City. 6. Consultant's Personnel. 6.1 All Services shall be performed by Consultant or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City's Municipal Code. PSA with professional liability insurance (Design) Page 3 Last Revised: 01/1112018 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 6.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Consultant shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Consultant shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Consultant in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, "Work Product"), are considered to be "works made for hire" for the benefit of the City. Upon payment being made, and provided Consultant is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Consultant. In the event of the return of any of the Work Product to Consultant or its representative, Consultant shall be responsible for its safe return to City. Under no circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City's reuse of the Work Product for any purpose other than the Project, shall be at City's sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Consultant shall be deemed to grant and assign to City, and shall require all of its PSA with professional liability insurance (Design) Page 4 Last Revised: 01/11/2018 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Consultant shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non - infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. 9. Confidentiality. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant PSA with professional liability insurance (Design) Page 5 Last Revised: 01/1112018 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Consultant to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 10.2 Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 Design Professional Services. To the fullest extent permitted by law, the Consultant shall, at its sole cost and expense, indemnify, defend, and hold harmless the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 11.0), from and PSA with professional liability insurance (Design) Page 6 Last Revised: 01/11/2018 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for which or whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement by a "design professional," as the term is defined in California Civil Code § 2782.8(c). The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 11.2 Other Indemnities. With respect to claims and liabilities which do not arise in connection with the performance of professional services by a "design professional", as that term is defined in California Civil Code Section 2782.8(c), including, but not limited to, those claims and liabilities normally covered by commercial general and/or automobile liability insurance, and to the maximum extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual for which or whom Consultant shall bear legal liability) in the performance of this Agreement, except to the extent the Damages arise from the active or sole negligence or willful misconduct of any of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs as they are actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement. . 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. PSA with professional liability insurance (Design) Page 7 Last Revised: 01/11/2018 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 11.4 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant. 11.5 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Consultant shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Consultant, and/or its agents, representatives, employees and subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. (4) Professional Liability insurance in a form approved by the City, having an extended reporting period of not less than three (3) years after completion of the Services which shall provide protection against claims of professional negligence arising out of Consultant's performance of the Services and otherwise complying with all applicable provisions of this Section 12. The policy shall be endorsed to include contractual liability to the extent insurable. 12.3 Minimum Limits of Insurance. Consultant shall maintain limits no less than: PSA with pro/essional liability insurance (Design) Page 8 Last Revised: 01/11%2018 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. (4) Professional Liability: $1,000,000 per claim/aggregate. (5) The Insurance obligations under this agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum insurance requirements shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement. 12.4 Deductibles and Self -Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on , a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; and/or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of PSA with professional liability insurance (Design) Page 9 Last Revised: 01/11/2018 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Any insurance or self- insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Consultant's insurance and shall not contribute with it. (3) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for non-payment of premium). Consultant shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. (5) Each insurance policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including PSA with professional liability insurance (Design) Page 10 Last Revised: 01/11/2018 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 court costs and attorneysfees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Consultant shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Consultant commences performance. If performance of this Agreement shall extend beyond one year, Consultant shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub - subcontractor. 13. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City might require. City shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Consultant. In the event City exercises its right to terminate this Agreement, City shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Consultant may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the PSA with professional liability insurance (Design) Page I1 Last Revised: 01/1112018 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant's and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: Rancho Cucamonga Engineering Department Attn: Miguel Sotomayor, Principal Civil Engineer 10500 Civic Center Drive Rancho Cucamonga, CA 91730 If to Consultant: Aufbau Corporation Vartan V. Vartanians, Principal 639 W. Broadway Glendale, CA 91204 16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant's obligations hereunder without City's prior written consent. Except as provided herein, any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18 Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of PSA with professional liability insurance (Design) Page 12 Last Revised: 01/11/2018 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "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. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the Project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and PSA with professional liability insurance (Design) Page 13 Last Revised: 01/11/2018 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Con 114 lame: Aufbau Corporation By QS 9/3/2025 19:02 AM PDT Fssse .. Name Date President Title Signed by: By: UaxtAAn AViAIn(AbtS 9/3/2025 ( 9:08 AM PDT Name Date Vice -President Title (two signatures required if corporation) City bf Rpiw Cucamonga �bt LLso 9/3/2025 1 1:55 PM PDT By Name Date City Manager Title City of Rancho Cucamonga By: Name Date Title PSA with professional liability insurance (Design) Page 14 Last Revised: 01/11/2018 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 Approval Buyer II, Purchasing Alternate Risk Management Coordinator EXHIBIT A SCOPE OF SERVICES REQUEST FOR PROPOSAL, EXHIBIT " A- 1" CONSULTANT PROPOSAL, EXHIBIT " A- 2" PSA with professional liability insurance (Design) Page 15 Last Revised: 01/11/2018 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 EXHIBIT B SCHEDULE OF PERFORMANCE NA PSA with professional liability insurance (Design) Page 16 Last Revised: 01/11/2018 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 EXHIBIT!! A- 1" RANCHO CUCAMONGA REQUEST FOR STATEMENT OF QUALIFICATIONS ("SOQ") AND PROPOSALS ("RFP") #18/19-019 FOR ON -CALL DEVELOPMENT PLAN CHECK SERVICES City of Rancho Cucamonga Procurement Division 10500 Civic Center Drive Rancho Cucamonga, California 91730 Deadline for Submissions: April 18, 2019 by 9:00 a.m. Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services Table of Contents 1. OVERVIEW................................................................................................................................................. 4 1.1 GENERAL BACKGROUND......................................................................................................................... 4 1.2 SOLICITATION DELIVERY AND SCHEDULE OF EVENTS...................................................................................... 4 1.3 DISCREPANCIES OR OMISSIONS................................................................................................................ 4 1.4 CONTINGENCIES................................................................................................................................... 5 1.5 QUESTIONS AND CLARIFICATIONS............................................................................................................. 5 1.6 DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION ................................................5 5 1.7 KNOWLEDGE OF REQUIREMENTS.............................................................................................................. 6 1.8 RESERVATION OF RIGHTS........................................................................................................................ 6 1.9 CALIFORNIA'S PUBLIC RECORDS ACT......................................................................................................... 7 2. MINIMUM REQUIREMENTS....................................................................................................................... 7 2.1 BUSINESS LICENSE................................................................................................................................. 7 2.2 PREVAILING WAGES.............................................................................................................................. 8 2.3 REPRESENTATIVES................................................................................................................................. 8 2.4 EMPLOYEE CONDUCT............................................................................................................................. 9 3. SOLICITATION RESPONSE FORMAT AND SUBMISSION REQUIREMENTS....................................................9 3.1 COVER LETTER/INTRODUCTION ............................................................................................................ 10 3.2 TABLE OF CONTENTS........................................................................................................................... 10 3.3 EXECUTIVE SUMMARY......................................................................................................................... 10 3.4 EXPERIENCE....................................................................................................................................... 10 3.5 THIRD -PARTY / SUBCONTRACTORS......................................................................................................... 1 1 3.6 STAFF BIOGRAPHIES............................................................................................................................ 1 1 3.7 SOLICITATION RESPONSE...................................................................................................................... 1 1 3.8 NON -DISCLOSURE CONFLICT OF INTEREST................................................................................................ 1 1 3.9 PROFESSIONAL SERVICE AGREEMENT...................................................................................................... 12 3.10 ACKNOWLEDGEMENT OF INSURANCE....................................................................................................... 12 3.11 ADDENDUM ACKNOWLEDGEMENT.......................................................................................................... 12 3.12 CONSULTANT CERTIFICATION................................................................................................................. 12 Submittals Due: April 18, 2019 by 9:00 am Page 2 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services 3.13 PARTICIPATION CLAUSE........................................................................................................................ 13 3.14 SIGNATURE OF AUTHORITY................................................................................................................... 13 3.15 COMPANY REFERENCES........................................................................................................................ 13 3.16 LINE ITEM PRICING.............................................................................................................................. 13 4. SCOPE OF SERVICES..................................................................................................................................13 4.1 PROJECT DESCRIPTION......................................................................................................................... 14 4.2 DEVELOPMENT PLAN CHECK REQUIREMENTS............................................................................................ 14 4.2.1 DEVELOPMENT PLAN CHECK SERVICES..................................................................................................... 14 4.3 PAYMENTS........................................................................................................................................ 15 4.4 Contract Term................................................................................................................................ 15 5. EVALUATION AND CONSULTANTSELECTION PROCESS.............................................................................15 5.1 INITIAL SCREENING.............................................................................................................................. 15 5.2 EVALUATION ACTIVITIES....................................................................................................................... 15 5.3 COST EVALUATION.............................................................................................................................. 1 6 5.4 REFERENCE CHECKS............................................................................................................................. 1 6 5.5 DEMONSTRATIONS/ INTERVIEWS........................................................................................................... 17 5.6 FINANCIAL DOCUMENTATION................................................................................................................ 17 5.7 BEST AND FINAL OFFER........................................................................................................................ 17 5.8 CONSULTANT SELECTION....................................................................................................................... 17 5.9 LETTER OF INTENT TO AWARD............................................................................................................... 18 "EXHIBIT A, CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT" .........19 "EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY"...............................................20 "EXHIBIT C, ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED".........................................................................................21 "EXHIBIT D, ADDENDUM ACKNOWLEDGEMENT"...........................................................................................22 "EXHIBIT E, CONSULTANTS CERTIFICATION FORM"........................................................................................23 "EXHIBIT F, PARTICIPATION CLAUSE"..............................................................................................................24 "EXHIBIT G, SIGNATURE OF AUTHORITY'........................................................................................................25 "EXHIBIT H, REFERENCES WORKSHEET"..........................................................................................................26 Submittals Due: April 18, 2019 by 9:00 am Page 3 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services 1. OVERVIEW 1.1 GENERAL BACKGROUND The City of Rancho Cucamonga (hereinafter "City") is inviting qualified Consultants to submit a Statement of Qualifications ("SOQ") and Proposal response (hereinafter "Solicitation") for On -Call Development Plan Check Services in accordance with the specifications and information provided herein. The City intends to create a Qualified Consultants List that the City will rotate through as projects become available. Consultants wishing to participate in this Solicitation must be registered as a Consultant on the City's Vendor List, there is no exception to this requirement. Consultant registration can be accomplished by visiting the following link; https://www.planetbids.com/portal/portal.cfm?CompanylD=14433. Only those responses received from registered Consultants will be accepted. Responses must be submitted by the named Consultant that has downloaded the Solicitation, this information is indicated in the bid system and provides the ability to tabulate the responses in accordance to the named Consultants. Submitting a response under a Consultant name that does not appear on the Prospective Bidders list will deem the submittal as non -responsive and disqualify said response from further consideration. 1.2 SOLICITATION DELIVERY AND SCHEDULE OF EVENTS Solicitation responses must be received electronically via Planet Bids prior to the due date and time specified in the below Schedule of Events. Please note, there will be no paper responses accepted. The City shall not be responsible for any delays by transmission errors. Schedule of Events: Post Solicitation Questions Due Addendum Issued Solicitation Response Due Date Consultant Interviews / Presentation Letter of Intent to Award February 28, 2019 April 3, 2019 by 12:00 pm April 9, 2019 April 18, 2019 by 9:00 am TBD TBD (The City reserves the right to change schedule of events without prior notice or responsibility to Consultant.) 1.3 DISCREPANCIES OR OMISSIONS Consultants finding discrepancies or omissions in this Solicitation or having any doubts as to the meaning or intent of any part thereof shall submit such questions or concerns in writing electronically via Planet Bids. No responsibility will be accepted for oral instructions. Addenda issued in correspondence to this Solicitation shall Submittals Due: April 18, 2019 by 9:00 am Page 4 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services be considered a part of this Solicitation and shall become part of any final Contract that may be derived from this Solicitation. 1.4 CONTINGENCIES This Solicitation should not be considered as a Contract to purchase goods or services but is a Request for Solicitation and Statement of Qualifications and Solicitation in accordance with the Terms and Conditions herein and will not necessarily give rise to a Contract. However, Solicitation responses should be as detailed and complete as possible to facilitate the formation of a Contract based on the Solicitation response(s) that are pursued should the City decide to do so. Completion of this Solicitation form and its associated appendices are a requirement. Failure to do so may disqualify your Solicitation response submittal. Consultants must submit signed Solicitation responses by the due date and time as specified herein. Consultants will be considered non -responsive if the above requirements are not submitted as requested. If only one Solicitation response is received, the City reserves the right to reject the response and re -bid the Solicitation. Any Scope of Services, Contingencies, Special Instruction and/or Terms and Conditions applicable to this Solicitation and any Purchase Order derived thereafter shall be effective as of the issue date of Purchase Order (the "Effective Date"), and shall remain in full force and effect until sixty (60) days after the City has accepted the work in writing and has made final payment, unless sooner terminated by written agreement signed by both parties. 1.5 QUESTIONS AND CLARIFICATIONS All questions or clarification requests must be submitted directly through Planetbids on or before April 13, 2019, by 12:00 p.m. Answers and/or clarifications will be provided in the form of an Addendum and will be posted for download from Planetbids system in accordance with the above "Schedule of Events". From the issuance date of this Solicitation until a Consultant is awarded, Consultants are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Ruth Cain, CPPB, Procurement Manager, the designated representative of the City of Rancho Cucamonga. 1.6 DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION All materials submitted in response to the Solicitation will become the property of the City and will be returned only at the City's option and at the expense of the Consultant submitting the Solicitation response. A copy of the Solicitation response will be retained for official files and become a public record. Any material that a Submittals Due: April 18, 2019 by 9:00 am Page 5 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services Consultant considers as confidential but does not meet the disclosure exemption requirements of the California Public Records Act should not be included in the Consultant's Solicitation response as it may be made available to the public. If a Consultant's Solicitation response contains material noted or marked as confidential and/or proprietary that, in the City's sole opinion, meets the disclosure exemption requirements, then that information will not be disclosed pursuant to a written request for public documents. If the City does not consider such material to be exempt from disclosure, the material may be made available to the public, regardless of the notation or markings. If a Consultant is unsure if its confidential and/or proprietary material meets disclosure exemption requirements, then it should not include such information in its Solicitation response because such information may be disclosed to the public. 1.7 KNOWLEDGE OF REQUIREMENTS The Consultant shall carefully review all documents referenced and made a part of the Solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the Solicitation response. Failure to examine any documents, drawings, specifications, or instructions will be at the Consultant's sole risk. Consultants shall be responsible for knowledge of all items and conditions contained in their Solicitation responses and in this Solicitation, including any City issued clarifications, modifications, amendments, or addenda. The City will provide notice of any changes and clarifications to perspective Consultants by way of addenda to the City's website; however, it is the Consultant's responsibility to ascertain that the Solicitation response includes all addenda issued prior to the Solicitation due date. 1.8 RESERVATION OF RIGHTS The issuance of this Solicitation does not constitute an agreement by the City that any contract will be entered by the City. The City expressly reserves the right at any time to: ® Waive or correct any defect or informality in any response, Solicitation, or Solicitation procedure. ® Reject any or all Solicitations. ® Reissue a Request for Statement of Qualification and Solicitation. ® Prior to submission deadline for Solicitations, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this Solicitation, or the requirements for contents or format of the Solicitation. Submittals Due: April 18, 2019 by 9:00 am Page 6 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services • The City recognizes that price is only one of several criteria to be used in judging a product or service, and the City is not legally bound to accept the lowest Solicitation response. • The City reserves the right to conduct pre -award discussions and/or pre -Contract negotiations with any or all responsive and responsible Consultants who submit Solicitation responses. • Procure any materials, equipment or services specified in this Solicitation by any other means. • Determine that no project will be pursued. • The City reserves the right to inspect the Consultant's place of business prior to award or at any time during the contract term or any extension thereof, to determine the Consultant's capabilities and qualifications. 1.9 CALIFORNIA'S PUBLIC RECORDS ACT The City of Rancho Cucamonga complies with the California Public Records Act, Government Code Section 6253. (a) Public records are open to inspection always during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. Neither an Solicitation in its entirety, nor proposed prices shall be considered confidential and proprietary. Notwithstanding the foregoing, companies are hereby notified that all materials submitted in response to this Solicitation are subject to California's Public Records Act. The City's receipt, review, evaluation or any other act or omission concerning any such information shall not create an acceptance by the City or any obligation or duty to prevent the disclosure of any such information except as required by Government Code Section 6253. Companies who submit information they believe should be exempt from disclosure under the Public Records Act shall clearly mark each document as confidential, proprietary or exempt, and state the legal basis forthe exemption with supporting citations to the California Code. Pursuant to California Law, if the information is requested under the Public Records Act, the City shall make a final determination if any exemption exists for the City to deny the request and prevent disclosure. The City will withhold such information from public disclosure under the Public Records Act only if the City determines, in its sole discretion, that there is a legal basis to do so. 2. MINIMUM REQUIREMENTS 2.1 BUSINESS LICENSE The selected Consultant(s) awarded a Contract shall be required to obtain a Rancho Cucamonga Business License no later than five (5) business days from notification of award prior to being issued a Purchase Order. Awarded Submittals Due: April 18, 2019 by 9:00 am Page 7 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services Consultant(s) must possess and maintain all appropriate licenses/certifications necessary in the performance of duties required under this Solicitation and will provide copies of licenses/certifications immediately upon request throughout the term of the Contract. 2.2 PREVAILING WAGES Where labor is required for public work as a part of any requirement covered by this Solicitation, pursuant to the provisions of the Labor Code of the State of California, Consultant shall pay no less than those minimum wages. 2.3 REPRESENTATIVES Should the awarded Consultant(s) require the services of a third -party to complete the Scope of Services indicated in this Solicitation, the awarded Consultant(s) will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof. Any attempt by the awarded Consultant(s) to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. The awarded Consultant(s) shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services including Consultants subcontractor. All Services shall be performed by the awarded Consultant(s) or under the awarded Consultant's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law to perform such services. The awarded Consultant(s) shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the services. In case of default by the Consultant, the City may take the following actions which shall include but not be limited to; cancellation of any purchase order, procurement of the articles or service from other sources and may deduct from unpaid balance due to the Consultant, or may bill for excess costs so paid, and the prices paid by the City shall be considered the prevailing market prices paid at the time such purchase is made, withholding of payment until final resolution. Cost of transportation, handling, and/or inspection on deliveries, or Consultants for delivery, which do not meet specifications, will be for the account of the Consultant. Submittals Due: April 18, 2019 by 9:00 am Page 8 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("REP") #18/19-019 for On -Call Development Plan Check Services City Representative: For the purposes of this Agreement, the contract administrator and City's representative shall be Gianfranco Laurie, Senior Civil Engineer, or such other person as designated in writing by City ("City's Representative"). It shall be the Consultant's responsibility to assure that City's Representative is kept informed of the progress of the performance of the services, and the Consultant shall refer any decisions that must be made by City to City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. Consultant Representative: For the purposes of this Agreement, is hereby designated as the representative of the successful Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Consultant's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Consultant's Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Consultant's Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The successful Consultant may not change the Consultant's Representative without the prior written approval of City's Representative. 2.4 EMPLOYEE CONDUCT All Consultant personnel must observe all City regulations in effect at the location where the Services are being conducted. While on City property, the Consultant's personnel shall be subject to oversight by City staff. Under no circumstances shall the Consultant's or Consultant's sub -contractor personnel be deemed as employees of the City. Consultant or Consultant's subcontractor personnel shall not represent themselves to be employees of the City. Consultant s personnel will always make their best efforts to be responsive, polite, and cooperative when interacting with representatives of the City, or any other City employees. The Consultant 's personnel shall be required to work in a pleasant and professional manner with City employees, outside Consultant and the public. Nothing contained in this Solicitation shall be construed as granting the Consultant the sole right to supply personal or contractual services required by the City or without the proper City approval and the issuance of a Purchase Order. 3. SOLICITATION RESPONSE FORMAT AND SUBMISSION REQUIREMENTS Completion of this Solicitation form and its associated Exhibits are a requirement. To be considered responsive and evaluate Consultant responses fairly and completely Consultants must comply with the format and submission requirements set out in this Solicitation, and provide all information requested. Failure to comply Submittals Due: April 18, 2019 by 9:00 am Page 9 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services with this instruction will deem said Solicitation response as non -responsive and will not receive further consideration in the evaluation process. If only one Solicitation response is received, the City reserves the right to discard the response, re -bid or proceed with the Procurement process. Solicitation submittals are due by the due date and time indicated in the above schedule of events. Submittals shall be submitted electronically via Planet Bids; no paper Solicitation responses will be accepted. Solicitation responses must include the following information and in the exact order and format as shown. 3.1 COVER LETTER / INTRODUCTION Solicitation responses must include the complete name and address of Consultant and the name, mailing address, and telephone number of the contact person regarding the Solicitation response. A signature by an authorized representative must be included on each Solicitation response. Said signature will be considered confirmation of the Consultants ability and willingness to comply with all provisions stated herein. 3.2 TABLE OF CONTENTS The Table of Contents must be a comprehensive listing of the contents included in your Solicitation response. This section must include a clear definition of the material, exhibits and supplemental information identified by sequential page numbers and by section reference numbers. Each section of the Solicitation response will be separated by a title page at the beginning of each section. 3.3 EXECUTIVE SUMMARY The Executive Summary shall condense and highlight the contents of the Consultant's Solicitation response to provide the Evaluation Committee with a broad understanding of the Consultant's approach, Solicitation, experience and staffing. 3.4 EXPERIENCE The Consultant shall provide a concise statement demonstrating the Consultant's Solicitation, experience, expertise and capability to perform the requirements of this Solicitation. Provide a brief history of your company, including; ® The number of years in business, • The firms service commitment to customers, • If the firm is involved in any pending litigation that may affect its ability to provide its proposed solution or ongoing maintenance or support of its products and services. Submittals Due: April 18, 2019 by 9:00 am Page 10 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services • State whether your firm is an individual proprietorship, partnership, corporation, or private nonprofit firm, and the date your company was formed or incorporated. 3.5 THIRD -PARTY / SUBCONTRACTORS If the Consultant intends to subcontract, a detailed list of any sub -contractors, partners, or third -party Consultants who will be involved in the implementation of the proposed services including but not limited to: • Description of the Consultant's experience with each of the proposed subcontractors, • Three (3) customer references for each subcontractor to include references names, addresses, and telephone numbers, for products and services like those described in this Solicitation, • Describe the specific role of each. 3.6 STAFF BIOGRAPHIES Submit the resumes of the individuals who will be performing the services for the City. Resumes shall be formatted in the following order: • Position with the Company, • Length of time with the Company, • Licenses, registrations and certifications as required by law to perform the Scope of Work described herein, • Educational background, • Role in the Project, • Experience with the minimum requirements stated herein, • Work history on similar or like projects with the other municipalities. 3.7 SOLICITATION RESPONSE Under this section Consultants shall provide a full, detailed response to the City's Scope of Services listed herein. Consultants should be as thorough as possible in their response as it may be the only opportunity to convey information regarding your business, ability and qualifications to complete the services needed. 3.8 NON -DISCLOSURE CONFLICT OF INTEREST Specify any possible conflicts of interest with your current clients or staff members and the City. A signed "Exhibit A, Conflict of Interest and Non -Disclosure Agreement" included herein must be submitted under this section. Submittals Due: April 18, 2019 by 9:00 am Page 11 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services 3.9 PROFESSIONAL SERVICE AGREEMENT In addition to the acceptance of the City's Terms and Conditions, the successful Consultant will be required to enter into a Professional Services Agreement ("PSA") with the City of Rancho Cucamonga, a "Sample" of which is attached in the City's bid system for review. All requirements of said PSA must be completed by the successful Consultant and signed by both applicable parties prior to any services being rendered. This Solicitation sets forth some of the general provisions which may be included in the final PSA. In submitting a response to this Solicitation, Consultant will be deemed to have agreed to each clause unless otherwise indicated in "Exhibit B, Professional Services Agreement Exceptions Summary" and the City agrees to either accept the objection or deviation or change the PSA language in writing. Failure to raise any objections at the time of this Solicitation response submittal will result in a waiver of objection to any of the contractual language in the PSA at any other time. The signed Exception Summary shall be included under this section of the Solicitation response. 3.10 ACKNOWLEDGEMENT OF INSURANCE Consultants must meet all insurance requirements as outlined in the Professional Services Agreement. Ability to comply with said requirements must be indicated with signature of "Exhibit C, Acknowledgement of Insurance Requirements and Certification of Ability to Provide and Maintain Coverages Specified", which must be submitted with the Bid under the Insurance tab. The awarded Consultant will be responsible for providing the required Certificates of Insurance and must be the Named Insured on the Certificates. Certificates of Insurance from any other entity other than the awarded Consultant, will not be accepted. 3.11 ADDENDUM ACKNOWLEDGEMENT The Consultant shall hereby acknowledge they have received all posted Addendums, if any. It is the Consultant's responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Addenda issued in correspondence to this Solicitation shall be considered a part of this Solicitation and shall become part of any final Contract that may be derived from this Solicitation. Consultants must indicate their acknowledgement of any Addendums by way of signature on "Exhibit D, Addendum Acknowledgement" and must be included under this section of the Solicitation response. 3.12 CONSULTANT CERTIFICATION Consultants must verify by way of signature to "Exhibit E, Consultant Certification Form" that Consultant nor any of its proposed subcontractors are currently under suspension or debarment by any state or federal government agency, and that neither Consultant not any of its proposed subcontractors are tax delinquent with the State of California. The signed exhibit must be included under this section of the Solicitation response. Submittals Due: April 18, 2019 by 9:00 am Page 12 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services 3.13 PARTICIPATION CLAUSE Consultants shall provide a completed "Exhibit F, Participation Clause", with the Consultants Solicitation response. This will indicate a Consultants agreement to or not to allow other entities to utilize the Solicitation response and awarded contract as a piggyback option. 3.14 SIGNATURE OF AUTHORITY "Exhibit G", Signature of Authority must be included with the Consultant solicitation response. Unsigned Solicitation responses will not be accepted. The Signature of Authority declares that the Consultant has carefully examined the instruction indicated herein including all terms and condition and specifications, and hereby proposes and agrees, if the Consultants Solicitation response is accepted, Consultant agrees to furnish all material in accordance with the instruction and specifications in the time and manner prescribed for the unit cost amounts set forth in the Consultants Solicitation response. 3.15 COMPANY REFERENCES Provide a minimum of four (4) references, preferably with other municipalities in which similar services are being performed. References must be for work performed or completed within the past three (3) years. "Exhibit H, Reference Worksheet", must be complete and uploaded into the Planet Bid system under the "Response Type" section identified as "Exhibit H". While the Reference Worksheet accompanies your Solicitation response it is not to be discussed in any other area of the Solicitation response other than the "Response Type" section in Planet Bids. 3.16 LINE ITEM PRICING Line item pricing for this Solicitation must be provided directly in the Planet Bids system under the "Line Items" tab. This pricing is not an estimate and is firm fixed price for each item listed. Consultants pricing quotes outside of the pricing listed in Planet Bids under the "Line Items" tab will not be accepted or considered for award. Any additional cost required should be noted in the additional cost line item and a summary of the cost provided in the notes section of the line item. While Line item pricing accompanies your Solicitation response it is not to be discussed in any other area of the Solicitation response other than the "Line Item" tab in Planet Bids. The City will not be obligated to any estimated pricing or pricing not identified in the "Line Item" tab in Planet Bids. Failure to provide the required Line Item pricing in the required format will cause Consultants Solicitation response to be considered as non -responsive and be eliminated from proceeding any further in the process. Any questions or clarifications regarding how to correctly submit Lint Item pricing should be submitted by the "Questions Due" date and time indicated in the schedule of events. 4. SCOPE OF SERVICES Submittals Due: April 18, 2019 by 9:00 am Page 13 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services 4.1 PROJECT DESCRIPTION The City intends to select multiple firms for the services indicated herein. The City reserves the right to request Solicitations from other consulting firms that are not on the on -call list for special projects that the City determines requires specific skills and experience or larger projects. Development plan check services will be paid at a fee equal to 65% in accordance with Rancho Cucamonga Engineering Fees (Updated January 1, 2019) of plan check fees collected by the City. Services paid at exclude the additional 7% technology fee. See Attachment A for the Engineering Fees. Any plan check services review not listed in the Engineering Fee shall be charged at the Consultant's hourly rate schedule. 4.2 DEVELOPMENT PLAN CHECK REQUIREMENTS 4.2.1 DEVELOPMENT PLAN CHECK SERVICES City responsibility, acting through the Director of Engineering Services/City Engineer or his designated representatives will do the following 1. Furnish the Consultant with copies of all standards, guidelines, criteria, regulations and other written materials having specific application with the City and used by the City to govern the checking of plans, maps and reports. 2. Issue to the Consultant various maps, improvement plans, technical reports, legal descriptions, and related documents for checking, after having given them a preliminary screening for adequacy either by office visit, telephone or email. Development Plan Check Services that will be provided under this on -call contract may include, but not be limited to, the following: 1. Initial plan review will need to determine compliance with City and State codes and regulations including but not limited to, Rancho Cucamonga Municipal Code; California Building Code; California Residential Code; California Plumbing Code; California Electrical Code; California Disabled Regulations (in conjunction with Federal ADA regulations); and the California Department of Transportation (Caltrans). 2. Provide the City with a typed list of items needing clarification or change to achieve conformance with the above regulations. 3. Provide the City with a monthly plan review status reports for all assigned projects. 4. Ability to meet a 2-4 week review for first plan check and a 1-2 week review for each subsequent plan check thereafter until plan check review is approved. City may adjust plan check review timeline on an as needed basis depending on project size. Submittals Due: April 18, 2019 by 9:00 am Page 14 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("5OQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services 5. Map and Improvement plan check review will require a California Licensed Professional Land Surveyor to stamp and/or seal necessary documents. 6. Attend any meetings that the City deems necessary. 4.3 PAYMENTS The services will be paid in accordance with Consultant's hourly rate(s) as shown on the "Line Items" tab where Consultants shall submit all required pricing. Hourly rate(s) shall cover the cost of staff time and all other direct and indirect costs and fees, including vehicle, cell phone, computer, lap top, I -Pad and other equipment necessary to perform the services. 4.4 Contract Term The initial contract period after the award of the contract by the City Council will commence on July 1, 2019 through June 30, 2024. The contract may be extended for two (2) additional one (1) year terms upon agreement of both parties and City Council approval. 5. EVALUATION AND CONSULTANTSELECTION PROCESS 5.1 INITIAL SCREENING All Solicitation responses will undergo an initial review to determine responsiveness to the instructions herein. Those Solicitation responses initially determined to be compliant by meeting the Solicitation requirement as indicated herein will proceed to the next phase of the evaluation process. 5.2 EVALUATION ACTIVITIES Compliant Solicitation responses proceeding to the next phase of the evaluation process are then evaluated by an Evaluation Committee. The Solicitation submittals are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score. The following criteria have been assigned percentages that the criteria will be scored against, based upon but not limited to the following evaluation criteria factors: Submittals Due: April 18, 2019 by 9:00 am Page 15 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services Evaluation Criteria Description Percentage Cost 10% Consultant Experience 15% Extent to which the Consultants services or goods meet the City's needs 15% Consultant's understanding of the City's Scope of Services and overall quality of work plan; logic, clarity and specificity of work plan 20% Firms competence to perform the required services as indicated by technical training, education and skillset of the firm's personnel who would be assigned to perform said services 15% Consultant's management approach and organization of team including project communication, schedule and budget control 15% Past performance with the City or other government entity or previous clients with respects to factors such as control of costs, quality of work, and meeting of deadlines 10% 5.3 COST EVALUATION Cost Proposals are evaluated and scored based on the following calculations; Score = Lowest Proposal Cost / Cost of Proposal being scored X Maximum Points Available (10) The score is then calculated by the criteria percentage identified herein and added to the average scoring calculations. 5.4 REFERENCE CHECKS If determined to be required reference checks are conducted by the Procurement Division and the requesting department may or may not be present during the process. The reference checks may be conducted by phone with the information being scribed or conducted by a written form, submitted to the Consultant's reference contact. Reference contacts will be asked a set of predetermined questions for response and to provide a score from one (1) to ten (10), ten being the highest. Scores are then tabulated and added to the spreadsheet with the other criteria scores. It is imperative that Consultants provide up to date and accurate information regarding contact information for reference checks. All scores are then tabulated into the final Consultant ranking. Evaluators do not see the Consultant References or pricing line items. The proposed pricing is evaluated by the Procurement Division during the initial review of the Solicitation response, only to ensure that the proposed cost is not over the City's budgeted amount or Not -to -Exceed amount for the project. Submittals Due: April 18, 2019 by 9:00 am Page 16 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services 5.5 DEMONSTRATIONS/ INTERVIEWS Upon completion of the Solicitation evaluations and data analysis, and only if necessary, selected top ranked Consultants will be provided an opportunity to interview and conduct a demonstration or presentation to further expand on their Solicitation response. Consultant interviews/demonstrations are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score. 5.6 FINANCIAL DOCUMENTATION Consultants that proceed to the short-list may be required to submit financial documentation as proof of its firm's financial stability and strength. A financial review will be conducted by the City Finance Department. Should a Consultant wish for its financial documentation to be treated as proprietary or be returned upon completion of the review, the documentation must clearly be marked as such. The following documentation will be required of each Consultant on the short-list: • A copy of the Consultant's most recent annual report. • Audited (by a third party), balance sheets and income statements for the past three (3) years. • If audited data is not available, Consultant shall submit copies of complete tax returns for the past three (3) years. • Describe any regulatory censure and past or pending litigation related to services provided by the Consultant. • Indicate all applicable information regarding Consultant ownership changes in the last three (3) years. 5.7 BEST AND FINAL OFFER Upon completion of Consultant presentations, the City reserves the right to conduct pre -award discussions and/or pre -contract negotiations with all or only top ranked Consultants. The City may request a Best and Final Offer to be submitted from one or all finalists. 5.8 CONSULTANT SELECTION The final Consultants selection is based on which Consultant is the most qualified and responsive, meeting the City's requirements, offering the best value at the most competitive price. The City is not obligated to award to the lowest price Solicitation. The City may conduct negotiations with several Consultants simultaneously. The City may also negotiate contract terms with the selected Consultants prior to award. The City, at its sole discretion, reserves the right, unless otherwise stated, to accept or reject all or any Solicitation responses, or any part thereof, either separately or to waive any informality and to split or make the award in any manner determined to be in the best interest of the City. Submittals Due: April 18, 2019 by 9:00 am Page 17 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ') and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services 5.9 LETTER OF INTENT TO AWARD After a final Consultants selection is determined, a Letter of Intent to Award (LO1) will be posted for review by all participating, responsive Consultants. If contract negotiations cannot be concluded successfully, City may negotiate a contract with the next highest scoring Consultant or withdraw the Solicitation entirely. Negotiations shall be confidential and not subject to disclosure to competing Consultants until a Contract is awarded. Submittals Due: April 18, 2019 by 9:00 am Page 18 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services "EXHIBIT A, CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT" It is the policy of the City of Rancho Cucamonga to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City Contracts, including, but not limited to Contracts for Professional Services Agreements ("PSA") with potential Consultants. I do not have specific knowledge of confidential information regarding Solicitation responses received in response to the Request for Statement of Qualifications (SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services. I agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any Solicitation response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any Solicitation response, or removal of same from designated areas. I, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree to be bound by commitments contained herein. (Print Name) (Relationship to the City) (Relationship to the Consultants) (Signature) (Date) Must be included in final Solicitation submittal. Submittals Due: April 18, 2019 by 9:00 am Page 19 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services "EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY" Mark the appropriate choice, below: Consultants accepts the PSA without exception. Consultants proposes exceptions to the PSA. Summarize all exceptions on a separate document. Enclose a written summary of each change and title as "Exception Summary", which shall include the Consultants' rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the submitted summary may deem the response as non -responsive. Signature Printed Name Title Date Must be included in final Solicitation submittal. Submittals Due: April 18, 2019 by 9:00 am Page 20 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services "EXHIBIT C, ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED" I the (President, Secretary, Manager, Owner or Representative) of , certify that the (Name of Company, Corporation or Owner) Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement (PSA), for the Purchase Contract designated Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services have been read and understood and that our Consultants is able to provide and maintain the coverage as specified in the PSA. Failure to provide said coverage, upon request to finalize the PSA prior to award shall be sufficient cause for immediate disqualification of award. Failure to maintain said coverage shall result in termination of the contract. Signature Printed Name Title Date Must be included in final Solicitation submittal. Submittals Due: April 18, 2019 by 9:00 am Page 21 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services "EXHIBIT D, ADDENDUM ACKNOWLEDGEMENT" The Consultants hereby acknowledges the following Addenda Number(s) to this Solicitation have been received, if any. Consultants understands failure to acknowledge any addenda issued may cause the Solicitation response to be considered non -responsive. It is the Consultants' responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Signature Printed Name Title Date Must be included in final Solicitation submittal. Submittals Due: April 18, 2019 by 9:00 am Page 22 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services "EXHIBIT E, CONSULTANTS CERTIFICATION FORM" I certify that neither (Consultants) nor any of its proposed subcontractors are currently under suspension or debarment by any state or federal government agency, and that neither Consultants nor any of its proposed subcontractors are tax delinquent with the State of California. I acknowledge that if Consultants or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Consultants or any of its subcontractors subsequently become delinquent in California taxes, our Solicitation may be disqualified. Signature Printed Name Title Date Must be included in final Solicitation submittal. Submittals Due: April 18, 2019 by 9:00 am Page 23 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services "EXHIBIT F, PARTICIPATION CLAUSE" It is hereby understood that other government entities, such as cities, counties, and special/school districts may utilize this Solicitation response at their option for equipment or services at the Solicitation response price for a period of days. Said entities shall have the option to participate in any award made because of this solicitation. Any such piggy -back awards will be made independently by each agency, and the City of Rancho Cucamonga is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy -back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Consultants. Successful Consultants will extend prices as proposed herein to other governmental agencies, please specify. YES NO Must be included in final Solicitation submittal. Submittals Due: April 18, 2019 by 9:00 am Page 24 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Proposals ("RFP") and Statement of Qualifications ("SOQ") #18/19-019 for On -Call Development Plan Check Services "EXHIBIT G, SIGNATURE OF AUTHORITY' The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this Solicitation response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following Solicitation response. THE CONSULTANTS IN SUBMITTING THIS SOLICITATION RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR SOLICITATION RESPONSE AS NON -RESPONSIVE. Company Name: Address: (Street, Su. # City, State, Zip) Telephone #: Fax #: E-mail address: Web Address: Authorized Representative: (print) Title: Signature: Date: Must be included in final Solicitation submittal. Submittals Due: by Page 25 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services "EXHIBIT H, REFERENCES WORKSHEET" The following References Worksheet must be complete, please do not mark "See Attached". This Exhibit must be complete and uploaded into the Planet Bid system under the applicable "Response Type" section. Provide a minimum of four (4) clients that are similar in size to the City of Rancho Cucamonga that your company has conducted comparable or like services. Preferred references should be government agencies and be a current customer within the past three (3) years. Please verify accuracy of contact information. To be submitted as an attachment in the Planet Bid system under the "Response Type" section identified as "Exhibit W. Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Company Name Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Submittals Due: April 18, 2019 by 9:00 am Page 26 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 City of Rancho Cucamonga Request for Statement of Qualifications ("SOQ") and Proposals ("RFP") #18/19-019 for On -Call Development Plan Check Services Contact Name and Title Company Address Contact Telephone Number Contact Email Description of Comparative Services and Project Cost (please be specific) Company Name Contact Name and Title Submittals Due: April 18, 2019 by 9:00 am Page 27 of 27 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 EXHIBIT "A-2" Aufbau Corp. 5.6: Development Plan Check Our Development Plan Check services will utilize the tried and tested approach that Aufbau has undertaken during the past five years for the projects assigned to Aufbau by the City of Rancho Cucamonga for development plan checks. A listing of the extensive development plan check projects which Aufbau has reviewed within the past five years for the City of Rancho Cucamonga is provided in Section 4.4 of this Statement of Qualifications. As part of our plan check/ map check services for subdivision and development projects, we will check each map sheet, improvement plan sheet, technical report, legal description/ plat, hydrology/ hydraulic study, and any other related document, for conformance with City standards, City regulations, and with the highest standards of engineering and surveying practices. We will adhere to the following City requirements: o Plan reviews will determine compliance with City and State codes. o Will provide the City with a monthly plan review status report for all assigned projects. o Will meet a 2 -week review for first plan checks and a 1 -week review for each subsequent plan check thereafter until plan check review is approved. City may adjust plan check review timeline on an as needed basis depending on project size. o Map and Improvement plan check review will be conducted by Professional Engineers and Professional Land Surveyor registered in the State of California. The names of the Professional Engineers and the Professional Land Surveyors conducting the reviews will be reflected on the reviewed maps/ improvement plans. The status of Aufbau's plan check services will be available online. City staff will be able to log into https://aufbau.com/plan-check-status/ to learn of the status of the projects assigned to Aufbau for review. Review of Residential Parcel Maps and Non -Residential Parcel Maps Parcel Maps are used to subdivide residential and non-residential properties into one to four parcels. Non- residential subdivisions greater than four parcels can however be mapped with a Parcel Map, if the project meets applicable exemptions in the Subdivision Map Act. Aufbau will review Parcel Maps for compliance with the requirements of Subdivision Map Act/ Government Code Sections 66444-66450 and Title 16, Chapter 16.22 of Rancho Cucamonga Municipal Code. The review of the parcel maps will include but will not be limited to: o Checking the Title Report presented by the applicant to be current Development Plan Check Section 5.6 - 1 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 Aufbau Corp. o Checking boundary reference, maps, and deeds provided by the applicant for completeness o Review for substantial conformance of the Parcel Map to the approved Tentative Parcel Map o Review for compliance of the Parcel Map to the conditions of approval of the Tentative Parcel Map o Review for the format of presentation on the Parcel Map o Review for all required right-of-way and easement dedications o Review of boundary closures and traverse closures of the parcels — verification of parcel areas o Review for compliance with the required monumentation for map boundary, lot corners, government corners, monument disturbances or omissions, and street centerlines o Review of the required Statements on the Parcel Map — Owner's Statement, Beneficiary's/ Trustee's Statement, Statement by the Surveyor or the qualified Engineer in charge of preparation of the Parcel Map, City Engineer's Statement, City Surveyor's Statement. o Review of the required Certificates on the Parcel Map — Rancho Cucamonga City Council Certificate, Rancho Cucamonga Planning Commission Certificate, Board of Supervisors' Certificate, County Auditor- Controller/Treasurer/ Tax Collector's Certificate, and San Bernardino County Recorder's Certificate o Review of Signature Omissions o Review of Notary Acknowledgements o Review of Geotechnical and Soil Report information The Professional Land Surveyor in charge of conducting the map review will generate a pdf file of the submitted map and the associated traverse closures with red -marked comments and corrections. The pdf file will be emailed to City's project manager who is assigned to the project. The name and the registration number of the Professional Land Surveyor in charge of reviewing the map will be reflected on the reviewed parcel map. Review of Tract Maps Tract Maps are used for subdivisions creating five or more parcels, five or more condominiums, and a community apartment project containing five or more parcels. Non-residential subdivisions Development Plan Check Section 5.6 - 2 Docusign Envelope ID91906826-B52C-435A-96A8-AC7F17F9EDC5 Aufbau Corp. greater than four parcels or condominiums can however be mapped with a Parcel Map, if the project meets applicable exemptions in the Subdivision Map Act. Aufbau will review the Tract Map for compliance with the requirements of Subdivision Map Act/ Government Code Sections 66433-66443 and Title 16, Chapter 16.18 of Rancho Cucamonga Municipal Code. The review of the map will include but will not be limited to: o Checking the Title Report presented by the applicant to be current o Checking boundary reference, maps, and deeds provided by the applicant for completeness o Review for substantial conformance of the Tract Map to the approved Tentative Tract Map o Review for compliance of the Tract Map to the conditions of approval of the Tentative Tract Map o Review for the format of presentation on the Tract Map o Review for all required right-of-way and easement dedications o Review of boundary closure and traverse closures of the lots —verification of lot areas o Review for compliance with the required monumentation for map boundary, lot corners, government corners, monument disturbances or omissions, and street centerlines o Review of the required Statements on the Tract Map — Owner's Statement, Beneficiary's/ Trustee's Statement, Statement by the Surveyor or the qualified Engineer in charge of preparation of the Tract Map, City Engineer's Statement, City Surveyor's Statement. o Review of the required Certificates on the Tract Map — Rancho Cucamonga City Council Certificate, Rancho Cucamonga Planning Commission Certificate, Board of Supervisors' Certificate, County Auditor's Certificate, San Bernardino County Recorder's Certificate o Review of Signature Omissions o Review of Notary Acknowledgements o Review of Geotechnical and Soil Report information The Professional Land Surveyor in charge of conducting the map review will generate a pdf file of the submitted map and the associated traverse closures with red -marked comments and corrections. The pdf file will be emailed to City's project manager who is assigned to the project. Development Plan Check Section 5.6 - 3 Docusign Envelope ID91906826-B52C-435A-96A8-AC7F17F9EDC5 Aufbau Corp. The name and the registration number of the Professional Land Surveyor in charge of reviewing the map will be reflected on the reviewed tract map. Review of Legal Descriptions and Plats Aufbau will review the legal descriptions, the plats, and the traverse closures in connection with a variety of projects. The review of the legal descriptions, the plats, and the traverse closures will include but will not be limited to: o Grant Deeds of Right -of -Way — Review of legal descriptions, plats, and traverse closures in connection with dedications of rights -of -way or offers of dedication of rights -of -way in connection with private development projects. o Grant Deeds of Easements - Review of legal descriptions, plats, and traverse closures in connection with dedications of easements or offers of dedications of easements in connection with private development projects. o Lot Line Adjustments — Review of legal descriptions, plats, and traverse closures in connection with Lot Line Adjustments, for adjustment of parcel lines between four or fewer adjoining parcels, where land is taken from one parcel and is added to an adjoining parcel, and where no more parcels are created than originally existed. o After the Lot Line Adjustment is approved by the City, a Certificate of Compliance for Lot Line Adjustment is recorded at the office of County Recorder. The recording of the Certificate of Compliance for the Lot Line Adjustments will not transfer the title of the property being exchanged. Separate grant deeds will need to be recorded for this purpose by the property owners. o Lot Mergers — Review of legal descriptions and plats in connection with Lot Merger — Merger of contiguous parcels under common ownership into one parcel. o After the Lot Merger is approved by the City, a Certificate of Compliance for Lot Merger is recorded in the office of County Recorder. o Right-of-way or easement abandonment — when rights -of -way or easements dedicated to the City are no longer needed for the purposes for which they were dedicated - Review of legal descriptions, plats, and traverse closures in connection with quitclaim deeds. o Street Vacations — complete or partial abandonment or termination of the public right to use a street, highway, or public service easement. The area vacated would revert to the owner of the underlying fee interest for their own use - Review of legal descriptions, plats, and traverse closures in connection with street vacations. Development Plan Check Section 5.6 - 4 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 Aufbau Corp. The Professional Land Surveyor in charge of conducting the review of the legal descriptions and the plats will generate a pdf file of the submitted plats and the associated traverse closures with red -marked comments and corrections. The pdf file will be emailed to City's project manager who is assigned to the project. The name and the registration number of the Professional Land Surveyor in charge of reviewing the legal descriptions and plats will be reflected on the reviewed legal descriptions and plats. Review of Street, Storm Drain, Street Lighting, Traffic Signals, Signage and Striping, Landscaping and Irrigation, and On -Site Sewer and Water Improvement Plans Aufbau will conduct the plan check services for street, storm drain, street lighting, traffic signals, signage and striping, and on -site sewer and water plans by its seasoned and well qualified staff and will draw upon the resources of Architerra Design Group, a subconsultant on Aufbau's team, for the plan check of landscaping and irrigation plans. Aufbau and Architerra Design Group will check if the preparation of the improvement plans has met the highest principles of engineering and landscaping and irrigation design practices. The plan check of on -site sewer and water improvement plans will be made to check compliance with the California Plumbing Code, Cucamonga Valley Water District's standards, and the requirements of the Rancho Cucamonga Fire Protection District. Aufbau will check if the preparation of the on -site sewer and water improvement plans has met the highest standards of engineering design practices. The Professional Engineer in charge of conducting the review of the above -noted improvement plans will generate a pdf file of the submitted plans with red -marked comments and corrections. The pdf file will be emailed to City's project manager who is assigned to the project. The name and the registration number of the Professional Engineer in charge of reviewing the improvement plans will be reflected on the reviewed improvement plans. Review of Rough and Precise Grading Plans Aufbau will conduct the plan check services for rough and precise grading plans by its seasoned and well qualified staff- to check if the preparation of the rough and precise grading plans has met the principles of good engineering design practices. During our plan checks forgrading plans, we will also review: o Drainage Plans/ Drainage Facilities o Retaining Wall Plans o Shoring Plans Development Plan Check Section 5.6 - 5 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 Aufbau Corp. o Parking spaces and travel pathways for compliance with the requirements of Americans with Disability Act (ADA). o Review of Erosion Control Plans. o Compliance with Storm Water Pollutant Prevention Plan (SWPPP) requirements. o Review of the grading quantity and cost estimates for a possible grading bond. The City of Rancho Cucamonga requires a grading bond for all projects having a combination of cut and fill of 5,000 cubic yards or more of soil materials. The Professional Engineer in charge of conducting the review of the rough and precise grading plans will generate a pdf file of the submitted plans with red -marked comments and corrections. The pdf file will be emailed to City's project manager who is assigned to the project. The name and the registration number of the Professional Engineer in charge of reviewing the rough and precise grading plans will be reflected on the reviewed rough and grading plans. Review of Hydrology and Hydraulic Studies/ Drainage Reports Aufbau will conduct the plan check services for the hydrology and hydraulic studies and the drainage reports by its seasoned and well qualified staff- to check if the preparation of the studies and reports has met the principles of good engineering practices. The hydrology studies shall be conducted in compliance with the latest San Bernardino County Hydrology Manual. The critical design criteria include, but are not limited to: o Private properties shall be protected from O100 storm drain events. o Regional and master plan facilities within the streets shall be designed to convey O100 within underground storm drain facilities. o Local streets shall be designed to convey Q100 within the public right-of-way. o An unflooded driving lane for O10 shall be provided as follows: 20 feet wide for a four - lane street (10 feet on each side of the median), and 10 feet wide for designated collector and local street with an average daily traffic (ADT) of over 1500. o Public storm drain mainlines shall be a minimum of 24 inches in diameter. o In sump condition, a secondary overflow system shall be provided for O100 assuming the sump catch basin is plugged and maintain a Q50 below the top of curb. o The water surface in catch basins shall be a minimum of six inches below the gutter flow line. Aufbau's professional engineers are very familiar with AES — Advanced Engineering Software; CIVILCADD/CIVILDESIGN Engineering Software which is utilized in connection with hydrology studies per San Bernardino County Hydrology Manual requirements. Development Plan Check Section 5.6 - 6 Docusign Envelope ID�91906826-B52C-435A-96A8-AC7F17F9EDC5 Aufbau Corp. Review of Water Quality Management Plan (WQMP) Documents Water Quality Management Plan (WQMP) is a plan for managing the quality of storm water or urban runoff that flows from a developed site after construction is completed and the facilities or structures are occupied and/or operational. WQMP describes the Best Management Practices (BMPs) that will be implemented and maintained throughout the life of a project and are used by property owners, tenants, facility employees, etc. to prevent and minimize water pollution that can be caused by storm water or urban runoff. All new development and re -development projects within the City of Rancho Cucamonga are required to comply with the County of San Bernardino Areawide Stormwater Program NPDES No. CAS618036, Order No. R8-2010-0036. and incorporate post -construction Best Management Practices (BMPs) into their projects. For the development of WQMPs, projects are categorized either as Priority Projects or Non - Priority Projects as follows: Priority Projects: o Significant re -development projects involving the addition or replacement of 5,000 square feet or more of impervious surface on an already developed site. o New development involving the creation of 10,000 square feet or more of impervious surface collectively over the entire site. o Automotive repair shops with Standard Industrial Classification Codes 5013, 5014, 5541,7532-7534, and 7536-7539. o Restaurants with Standard Industrial Classification Code 5812, where the land area of development is 5,000 square feet or more. o Hillside development of 5,000 square feet or more, which are located on areas with known erosive soil conditions or where the natural slope is 25 percent or more. o Developments of 2,500 square feet of impervious surface or more adjacent to (within 200 feet) or discharging directly into environmentally sensitive areas or waterbodies listed on the Clean Water Act (CWA) Section 303(d) list of impaired waters. o Parking lots of 5,000 square feet or more exposed to storm water. o Retail gasoline outlets that are either 5,000 square feet or more or have a projected average daily traffic of 100 or more vehicles per day. If the project includes roadways, the applicable requirements indicated in Appendix A of the Technical Guidance Document for Water Quality Management Plans, prepared for the County of Development Plan Check Section 5.6 - 7 Docusign Envelope ID�919�06826-B52C-435A-96A8-AC7F17F9EDC5 Auf bau Corp. San Bernardino Areawide Stormwater Program, and approved by California Water Quality Control Board — Santa Ana Region, will apply. Non -Priority Projects: The projects which do not fall under the Priority Projects listed above are considered non -priority projects. Additionally, the following criteria also define a Non -Priority WQMP project, if any of the following requirements have been met: o For areas less than 2,000 square feet of impervious area, the development will be considered a Non- Priority project and a WQMP document will not be required, unless the project is for the outdoor storage of hazardous materials or other materials which may require a pre-treatment of the storm water runoff which will require that a Non - Priority WQMP document is prepared, including but not limited to, vehicle fueling operations. o For significant re -development projects proposing impervious areas of 2,000 square feet to 4,999 square feet and new development projects proposing impervious areas of 2,000 square feet to 9,999 square feet the following criteria will require a Non - Priority WQMP document to be prepared: a) If the project is part of a common area of a development, a non -priority WQMP document shall be prepared. b) If the proposed development is a commercial project the City will determine if activities may impact the water quality, and if impacts are determined to affect the water quality a non- priority WQMP document will be prepared c) All industrial projects will require a non -priority WQMP documents to be prepared. Project developers, for Priority Projects, as part of their project applications for City's discretionary project approvals, are required to submit a Preliminary Project WQMP. The Preliminary WQMP shall be submitted to the City during the Conceptual Grading and Drainage Plan review process. A final project -specific Water WQMP then follows. The WQMP shall utilize and adhere to the San Bernardino County model template per the current adopted Municipal Storm Sewers Separation (MS4) permit for Santa Ana Watershed. The Final Project WQMPs must be approved prior to issuance of the precise grading plans and building permits for the projects by the City of Rancho Cucamonga — permits for rough grading plans however may be issued by the City if the development of the Final WQMP is at 80% Development Plan Check Section 5.6 - 8 Docusign Envelope ID: 9199006826-B52C-435A-96A8-AC7F17F9EDC5 Aufbau Corp. development stage. Additionally, prior to the issuance of the precise grading plan and the building permit for a project, a Memorandum of Agreement of Storm Water Quality Management Plan needs to be executed by the property owner and be recorded at San Bernardino County Recorder's office. The terms and conditions of the WQMP noted in the Memorandum of Agreement of Storm Water Quality Management Plan are covenants that run with the land, burden the property, and bind upon future owners of all or any portion of the property to maintain the BMPs specified in the approved WQMP. For Non -Priority single family residential projects, a copy of the WQMP is kept on the project site. The owner of the property is responsible for the implementation of the provisions of the WQMP and is responsible to amend the WQMP as appropriate to reflect the up-to-date conditions on the site, consistent with San Bernardino County's Municipal Storm Water Management Program. Upon transfer of the interest in the property, the successor in interest, the City of Rancho Cucamonga, and County of San Bernardino shall be notified of the transfer. The new property owner will be informed of his/her responsibility under the WQMP. Improvement Agreements The improvement security requirements in connection with subdivision projects are governed by Subdivision Map Act/ Government Code 64699 -64699.10. In connection with subdivision projects or other private developments, the City of Rancho Cucamonga may require the developer to construct certain public improvements. At the conclusion of the initial plan check, if the plans are at relatively advanced stage of development and there are not any major correction items, if requested by the City, Aufbau will ask the Engineer -of -Work to submit construction quantities and construction cost estimates for all public improvements at the time of second plan check submittal. Aufbau will review the construction quantities and the construction cost estimates provided by the Engineer -of -Record for compliance with the plans and the approved unit prices for the construction items. Other improvements requiring securities/ bonds include grading bonds for grading operations generating more than 5,000 cubic yards of combined cut and fill soil materials. Bonding for deferred survey monuments in connection with subdivision projects will also be required. Attending Meetings as Deemed Necessary by the City Staff from Aufbau and staff from Architerra Design Group will attend all meetings as deemed necessary by the City. Development Plan Check Section 5.6 - 9 Docusign Envelope ID91906826-B52C-435A-96A8-AC7F17F9EDC5 Aufbau Corp. Development Plan Check Flow Chart The below flow chart demonstrates of the activities that Aufbau will undertake towards the review of development plan check projects. Development Plan Check Flowchart City Project Manager emails Aufbau with notification of a new project assignment or notification of a project previously reviewed by Aufbau which has been resubmitted for subsequent review. The City's project manager's e-mail transmittal includes download links or e-mail attachments of the resubmitted review package, including the requisite reference maps, plans, and documents for map review, plan review, and report review purposes. The e-mail notification for new assignments specifies City's project identification for the project - ENG, PGR, OSW, WC!MP, etc. and indicates the review timeline for the project - typically 2 -week review for the initial check and 1 -week review for the subsequent plan checks. City may adjust plan check review timeline on an as needed basis depending on the project size. Aufbau notifies the City's PM of the missing item(s). Aufbau Corp. documents and checks the submittal package for completeness. In addition to the project number assigned by the City, an Aufbau Job Number is assigned to the project. Aufbau enters City's project number and Aufbau's job number into its project tracking system. City will always have access to Aufbau's project tracking system through :/, Submittal Package Complete? No Yes Aufbau receives the missing items from Aufbau assigns the project to the the City. appropriate reviewer. Aufbau incorporates all comments received from the City and emails the comments to City's Project Manager within the timeline prescribed by the City. Aufbau logs out the project from its tracking system. t At the request of City's project manager, a meeting is held to go over the comments received from Aufbau's reviewer. During the meeting additional comments from City's project manager can be discussed. 4, Aufbau's reviewer conducts an initial site visit at the time of the initial plan check, and as necessary at the time of subsequent checks. F Aufbau's reviewer communicates with City's PM prior to start of Plan Review/Map Review for items of concern and items in need of clarification. Aufbau completes its map/plan review, provides comments on the map/plans in PDF format. Development Plan Check Section 5.6 - 10 Docusign Envelope ID: 91906826-B52C-435A-96A8-AC7F17F9EDC5 Date: 7/10/2025 Aufbau Corp. On -Call Development Plan Check Services/ Hourly Rates* (Classification Aufbau I Architerra Design Group Director $200.00 $175.00 Principal $200.00 $200.00 Senior 200.00 ** Not Applicable Associate 160.00 *** $135.00 Assistant 140.00 **** Not Applicable Designer 160.00 *** $125.00 Technician $120.00 $100.00 Administrative Assistant $80.00 $65.00 * The tabulated rates are our regular hour billing rates which include administrative costs and company overhead and profit. Aufbau's not -to -exceed fees for development plan check services - for the initial check and two back checks - are set at 65% of the base fees established by the City of Rancho Cucamonga Community Department's 2025 Fee Schedule for map and improvement plan check fees and the updates to said fee schedule. Expedited/ rush plan check services, as requested by the City, are performed at 50% greater amount than said stated fees. Rates in effect until December 31, 2025. ** Hourly rate for senior level Civil Engineer, Structural Engineer, Traffic Engineer, and Professional Land Surveyor - all licensed in the State of California. *** Hourly rate for licensed professional engineers in the State of California. **** Hourly rate for employees with E.I.T./ LSIT Certification in the State of California. ATTACHMENT "A"