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02-0814_RK ENGINEERING GROUP, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 4 day of August, 2002, by and between the City of San Juan Capistrano (hereinafter re erred to as the "City") and RK Engineering Group. Inc. (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide an intersection level of service analysis for Architectural Control 02- 02 (Casa De Amma) and Architectural Control 02-01 (Ortega Animal Hospital); and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks described in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than December 31, 2002. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Two Thousand Eight Hundred Dollars ($2,800.00), as set forth in Exhibit "A," attached and incorporated herein by reference. 3.2 Rate Schedule. CAWIND0WS\TEMP\RKC0NTRACT3.WPD _1_ 7/29/02 The services shall be billed to the City at the hourly rate set forth in Exhibit "A," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. CAWINDOWS\TEMP\RKCONTRACT3.WPD -2- 7129/02 In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. Section 12. Ownership of Documents. C1WINDOWS\TEMPIRKCONTRACT3.WPD -3- 7/29/02 All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: CAWINDOWS\TEMP\RKCONTRACT3.WPD -4- 7/29/02 $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancel lation/Term!nation of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. C:\WIND0WS\TEMP\RKC0NTRACT3.WPD -5- 7/29/02 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Administrative Services To Consultant: RK Engineering Group, Inc. Attention: Mr. Robert Kahn, P.E. 1301 Dove Street, Suite 370 Newport Beach, CA 92660 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing parry shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. CAWINDOWS\TEMP\RKCONTRACT3.WPD -6- 7/29/02 This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF AN JIAN CAPISTRANO BGo e gh, City M RK ENGINEER[ G GROUP, INC. By:l L— Robert Kahn, P. E., Principal ATTEST: R. Monahan, City Clerk APPROVED AS TO FORM: John R. SlKaw, City Attorney CAWIND0WS%TEMP%RKC0NTRACT3.WPD -7- 7/29/02 engineering group, Inc. July 24, 2002 transportation planning - traffic engineering acoustical / air quality studies Alan P. Oswald IEC E I V-- D CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto R1 JUL 2 6 2002 San Juan Capistrano, CA 92675 CITY OF SAN JUAN CAPISTRANO Subject: Architectural Control (AC 02-02 and AC 02-01) ENGINEERING DEPARTMENT Dear Mr. Oswald: INTRODUCTION RK ENGINEERING GROUP, INC. (RK) is pleased to submit this proposed Agreement to provide an intersection level of service analysis for Architectural Control (AC 02-02 and AC 02-01). Architectural Control (AC 02-02) would consist of a two-story 33 -unit assisted living facility for adults with learning disabilities. The project site is located north of Calle Arroyo between Rancho Viejo Road and Paseo Tirador. Architetural Control (AC 02-01) is a proposed 7,767 square foot veterinarian hospital and commercial kennel, located on 0.53 acres. The proposed veterinary hospital and commercial kennel would be located at 27341 Ortega Highway in the City of San Juan Capistrano. The CITY OF SAN JUAN CAPISTRANO would like to have RK review the trip generation and trip distribution for the subject projects based upon your preliminary review. Once we have reviewed this information, RK would review the projects traffic impacts for existing and existing plus project conditions at the intersection of La Novia Avenue at Calle Arroyo using the unsignalized HCM 2000 procedures. RK would also prepare peak hour traffic signal warrant analysis for the two projects at the subject intersection. All traffic counts for the intersection would be based upon previous counts prepared for the Pacific Point development in the City of San Juan Capistrano prepared by RK. SCOPE OF WORK The following Scope of Work is proposed by RK for this study effort: 1. Obtain the site plan and project information from the CITY OF SAN JUAN CAPISTRANO. 2. Obtain AM/PM peak hour traffic counts from previous specific point traffic study. 3. Determine existing levels of service at the study area intersection 4. Confirm the trip generation, trip distribution and traffic assignment to the adjoining roadway system based upon the CITY OF SAN JUAN CAPISTRANO staff recommendations. 20201 s.w- birch street, suite 250 newport heath, california 92660 tel 949.474.0809 fax 949.474.0902 EXHIBIT A http://www.rkengineer.com Alan P. Oswald CITY OF SAN JUAN CAPISTRANO July 24, 2002 Page 2 5. Determine existing plus project traffic impacts and level of service for each of the two projects at the intersection of La Novia and Calle Arroyo. 6. Determine peak hour traffic signal warrants for the intersection for both projects based upon peak hour volumes. 7. Summarize the results of the study in a letter type report for each of the two projects. PROFESSIONAL FEES The fee for the work outlined in this proposal is based upon personnel charges plus direct expenses as indicated in the attached Exhibit A. The fixed fee to accomplish the above Scope of Work is $2,800. If an expanded scope of work is required, RK will provide an additional proposal for that work. No meetings are budgeted in this scope of work. Three copies (two bound and one original for the client's use) of the project report would be prepared. Monthly billings for RK will be based upon the attached Exhibit A - BILLING RATES FOR RK ENGINEERING GROUP, INC. The proposed fee does not include attendance at public hearings/meetings, which may be required to secure approval of the project. If these are required and requested, RK would be pleased to attend these meetings and billing would be based upon the billing rates included in Exhibit A. Any meetings after 5:00 PM will be billed at 1.5 times our normal rates. LIMITATION OF LIABILITY The Client agrees to limit the Design Professional's liability to the Client and to all construction Contractors and Subcontractors on the project, due to the Design Professional's negligent acts, errors, or omissions, such that the total aggregate liability of the Design Professional to all those named shall not exceed $50,000 or the Design Professional's total fee for services rendered on this project, whichever is greater. OWNERSHIP OF DOCUMENTS All reports, plans, specifications, field data, notes and other documents, including all documents on electronic media, prepared by RK as instruments of service shall remain the property of RK. The Client may use these documents to secure approval of his/her projects, however, they may not be modified or changed in any way. DISPUTE RESOLUTION In an effort to resolve any conflicts that arise during the Project or following the completion of the Project, the Client and RK agree that all disputes between then arising out of or relating to this Agreement or the Project shall be submitted to nonbonding mediation unless the parties mutually agree otherwise. Alan P. Oswald CITY OF SAN JUAN CAPISTRANO July 24, 2002 Page 3 In the event that a lawsuit is brought for the enforcement of any of the terms of this agreement, the prevailing party should be entitled to attorney fees and costs in addition to any damages. This agreement can be terminated by either party based upon a written request to terminate the work. The client will pay RK for all work that is completed prior to the termination of the work. TIME SCHEDULE It is estimated that the two traffic letter reports will take approximately 10 working days to complete from the date of authorization, and date of receipt of data essential for the study. Additionally, any delays resulting from circumstances beyond our control, such as weather, shall extend the time schedule. QUALIFICATIONS RK is located in Newport Beach, California and specializes in transportation planning and traffic/acoustical engineering for governmental agencies and the business community. The firm principals and associates have over 50 years of combined engineering and planning experience throughout Southern California at the regional, local and individual project levels. The experience of the firm's personnel in transportation planning and traffic/acoustical engineering provides the special skills necessary for determining practical and meaningful traffic solutions. This letter can serve as a Memorandum of Agreement and our authorization to proceed. Please sign one copy and return it to us for our files. We are looking forward to serving you on this project. This proposal is valid for sixty days, if signed by the client. If you have any questions regarding this proposal, please give me a call at (949) 474-0809. Respectfully submitted, RK ENGINEERING GROUP, INC. Robert Kahn, P.E. Principal Registered Civil Engineer 20285 Registered Traffic Engineer 0555 RK:wg/1100 J N:0907-02-03 Attachment CONTRACT APPROVAL: Approved by: Title: Firm: CITY OF SAN JUAN CAPISTRANO Date: EXHIBIT A BILLING RATES FOR RK ENGINEERING GROUP, INC. Compensation for Services The Consultants Billing rates for services are as follows: Position Hourly Rate Principal $140.00 Senior Associate $ 110.00 Associate $ 100.00 Senior Engineer/Planner/Senior Designer $ 80.00 Engineer/Planner $ 70.00 Assistant Engineer/Planner $ 60.00 Senior Technician $ 50.00 Engineering Technician II $ 40.00 Engineering Technician 1 $ 35.00 Engineering Aide $ 30.00 Administrative Assistant $ 40.00 Administrative Aide $ 35.00 Clerical Aide $ 30.00 General (1) Reimbursable direct costs, such as reproduction, supplies, messenger service, long-distance tele- phone calls, travel and traffic counts will be billed at cost plus ten (10) percent. (2) Hourly rates apply to work time, travel time and time spent at public hearings and meetings. For overtime work, the above rates may be increased 50 percent. (3) Client payment for professional services is not contingent upon the client receiving payment from other parties. (4) Billing statements for work will be submitted monthly. Statements are payable within thirty (30) days of the receipt by client of statement. Any statement unpaid after thirty (30) days shall be subject to interest at the maximum permitted by law. September 11, 2001