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01-0810_RK ENGINEERING, GROUP, INC_Personal Services AgreementPERSONAL SERVICES AGREEMENT 6YYTHIS AGREEMENT is made and entered into this /08 day of 2001, by and between the City of San Juan Capistrano (hereinafter refe ed to as the "City") and RK engineering group, inc. (hereinafter referred to as "Consultant"), RECITALS: WHEREAS, City desires to retain the services of Consultant to perform the traffic study in conjunction with the EIR preparation for proposed Vesting Tentative Tract Map (VTTM) 15609, "Pacific Point/Sun Cal", and amendment to the Forster Canyon Planned Community Comprehensive Development Plan; 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 as set forth in the Exhibit, 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 90 days from said effective date. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed twenty-nine thousand & 00/100 dollars ($29,000.00), as set forth in the Exhibit, attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in the Exhibit, 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 Pacific Point Traffic Study _ 2 of 7 Ma y 10, 2001 and employees, including meetings with the City representatives and incidental cost§ to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices',ased 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. 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. Pacific Point Traffic Study _ 3 of 7 Ma y 10, 2001 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. 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 Pacific Point Traffic Study 4 of 7 Ma y 10, 2001 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, lis Nlities, expenses ordamages 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. Throughoutthe 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. Throughoutthe term of this Agreement, Consultantshall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles 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 Pacific Point Traffic Study 5 of 7 Ma y 10, 2001 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 using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990) to the City's General Counsel 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). Priorto beginning anywork under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, 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. 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. Pacific Point Traffic Study 6 of 7 Ma y 10, 2001 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: Mr. Robert Kahn RK engineering group, inc. 1301 Dove Street, Suite 370 Newport Beach, California 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 party 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. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Pacific Point Traffic Study 7 of 7 Ma y 10, 2001 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO 0 0 ATTEST: Meg Monah�n, City Clerk APPROVED AS TO FORM: ""-- John R. Sha , City Attorney (CA ...\Alan\Contract\PSA\RK engr-Sun Cal.wpd) Robert Kahn, RK engineeri RK engineering group, inc. April 18, 2001 Mr. Alan Oswald CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 transportation planning • traffic engineering acoustical /air quality studies E C E � W E R APR 2 3 D CITY OF SAN JUAN CAPISTRANO ENGINEERING DEPARTMENT Subject: Vesting Tentative Tract Map 15609 — Pacific Point Traffic Impact Study Dear Mr. Oswald: INTRODUCTION RK ENGINEERING GROUP, INC. is pleased to submit this proposed Agreement to provide a traffic impact study pursuant to the City's Administrative Policy 310 for the proposed vesting Tentative Tract Map 15609 — Pacific Point. The project consists of a request for the approval to modify vesting Tentative Tract Map 15609 — Pacific Point Planned Community to increase the currently approved dwelling units from a maximum of 350 dwelling units to a maximum of 482 dwelling units and increase of 132 dwelling units. There will be a general redistribution of dwelling units from the approved plan throughout the development. In addition to the redistribution of dwelling units, Parcel 6 and 9 will be redesignated for school and recreation uses. The 32 dwelling units previously within Parcel 6 will part of the general redistribution of dwelling units. In addition, an alternative circulation design will be evaluated for requiring an unrestricted extension of a public street connection to divide a road within Pacific Point portion of the Planned Community. The traffic study will be prepared consistent with Administrative Policy 310. The following study area intersections will be evaluated using both ICU and HCM methods based upon the City's minimum Level of Service D for the general plan growth management element: 1. Ortega Highway / Del Obispo Street 2. Ortega Highway / 1-5 Southbound Ramps 3. Ortega Highway / 1-5 Northbound Ramps 4. Del Obispo Street / Alipaz Street 5. Del Obispo Street / Paseo Adelanto 6. Del Obispo Street / Camino Capistrano 7. Camino Capistrano / San Juan Creek Road 8. Camino Capistrano / 1-5 Southbound Ramps 1301 dove street, suite 370 newport beach, california 92660 tel 949.474.0809 fax 949.474.0902 http://www.rkengineer.com Mr. Alan Oswald CITY OF SAN JUAN CAPISTRANO April 18, 2001 Page 2 9. Camino Capistrano / Stonehill Drive 10, San Juan Creek Road / Valle Road 11. San Juan Creek Road / La Novia Avenue 12. La Novia Avenue / Calle Arroyo 13. La Novia Avenue / Ortega Highway 14. La Novia Avenue / Forster Canyon Drive 15. La Novia Avenue / Valle Road / 1-5 Northbound Ramps 16. Camino Las Ramblas /Via California 17. Camino Las Ramblas / Via De Agua All traffic counts were taken within one year of notice to proceed for the traffic study. An analysis of level of service using lane capacity analysis methodology will also be prepared. The following links will be based on the City's minimum Level of Service C standards, based upon the general plan growth management element: 1. Valle Road, La Novia Avenue south to Project 2. Valle Road, San Juan Creek Road to La Novia Avenue 3. San Juan Creek Road, Camino Capistrano to Valle Road 4. San Juan Creek Road, Valle Road to La Novia Avenue 5. La Novia Avenue, San Juan Creek Road to Calle Arroyo 6. Camino Capistrano, San Juan Creek Road to 1-5 Southbound Ramps 7. Camino Capistrano, 1-5 Southbound Ramps South 1700 feet 8. Del Obispo Street, Camino Capistrano to Paseo Adelanto 9. Del Obispo Street, Paseo Adelanto to Alipaz Street 10. Camino Las Ramblas, Via California to 1-5 Northbound Ramps 11. Via California, Camino Las Ramblas to Calle Bienvenido Up to four (4) additional links and six (6) additional intersections will be included in the project's Scope of Work/project to be determined by the City subsequent to the completion of the trip generation, trip distribution and project impact evaluation section of the traffic report. The traffic study will evaluate existing, existing plus project and existing plus project plus cumulative scenario. The existing plus project plus cumulative scenario will be based upon the City's general plan buildout analysis including the proposed project. This will be based upon the City's general plan buildout traffic model and alternative circulation design which would provide an unrestricted extension of a public street connection to Valle Road within the boundaries of Pacific Point portion of the Planned Community will also be evaluated. Mr. Alan Oswald CITY OF SAN JUAN CAPISTRANO April 18, 2001 Page 3 SCOPE OF WORK The following Scope of Work is proposed by RK ENGINEERING GROUP, INC. for this study effort: 1. Discuss the project with representatives of the CITY OF SAN JUAN CAPISTRANO. 2. Field review the site to determine existing conditions. 3. Obtain AM/PM peak hour intersection counts at the 17 study area intersections and the potentially six (6) additional intersections and determine existing levels of service. 4. Obtain 24-hour traffic counts at the eleven (11) roadway links plus four (4) additional links to be determined by the City and determine existing levels of service using Link Capacity Analysis Methodology. 5. Determine the project's trip generation, trip distribution and traffic assignment to the adjoining roadway system. 6. Determine existing plus project traffic impacts and level of service at the 17 study area intersections plus six (6) potential intersections. 7. Determine existing plus project traffic impacts and level of service at up to eleven (11) study area links plus four (4) additional links. 8. Obtain buildout traffic model run from the City's consultant with the proposed project. 9. Determine the project trip distribution from a select zone run of the City's traffic model. 10.Determine traffic impacts and level of service at the study area intersections for buildout conditions with and without the project. 11. Determine buildout traffic link impacts and level of service with and without the project at the study area links. 12. Review alternative circulation design that would provide unrestricted extension of a public street connection to Valle Road within the boundaries of the Pacific Point portion of the Planned Community. 13. Review project access. Mr. Alan Oswald CITY OF SAN JUAN CAPISTRANO April 18, 2001 Page 4 14. Review on-site circulation. 15. Prepare screencheck draft traffic report for City review. 16. Review the City comments on the screencheck draft report and revise accordingly 17.Attend three staff meetings, two Environmental administrator meetings, one transportation commission meeting, one planning committee meeting and one City Council meeting. 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 estimated fee to accomplish the above Scope of Work is $26,000.00. If an expanded scope of work is required, RK ENGINEERING GROUP, INC. will provide an additional proposal for that work. Three copies (two bound and one original for the client's use) of the project report would be prepared. Monthly billings for RK ENGINEERING GROUP, INC. 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 ENGINEERING GROUP, INC. would be pleased to attend these meetings and billing would be based upon the billing rates included in Exhibit A. 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. 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 ENGINEERING GROUP, INC. for all work completed prior to the determination of the work. TIME SCHEDULE It is estimated that the Screencheck Draft traffic report will be prepared within five (5) weeks of notice to proceed. The draft report will be provided within one week of receipt Mr. Alan Oswald CITY OF SAN JUAN CAPISTRANO April 18, 2001 Page 5 of City comments on the Screencheck Draft. The final report will be prepared within one week of the Environmental Administrative action. QUALIFICATIONS RK ENGINEERING GROUP, specializes in transportation governmental agencies and t associates have over 50 years throughout Southern California experience of the firm's perso engineering provides the meaningful traffic solutions. INC. is located in Newport Beach, California and planning and traffic/acoustical engineering for he business community. The firm principals and of combined engineering and planning experience at the regional, local and individual project levels. The nnel in transportation planning and trafficlacoustical special skills necessary for determining practical and 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/264 JN:0907-01-01 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 $130.00 Senior Asseciate $ 100.00 Associate $ 90.00 Senior Engineer/Planner/Senior Designer $ 75.00 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. January 2, 2001 engineering group, inc. May 2, 2001 Mr. Alan Oswald CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 transportation planning • traffic engineering acoustical / air quality studies :RE CEO WE 10 3D CITY OF SAN JUAN CAPISTRANO ENGINEERING DEPARTMENT Subject: Vesting Tentative Tract Map 15609 — Pacific Pointe Traffic Impact Study Additional Scope of Work Item Dear Mr. Oswald: Based upon our recent telephone conversation, you have requested additional traffic operations analysis along Ortega Highway from Del Obispo Street to the 1-5 northbound on/off-ramps with respect to the proposed Vesting Tentative Tract Map 15609 — Pacific Pointe Traffic Impact Study. You have requested an additional scope of work item which would include a Synchro-Sim traffic analysis along this segment of Ortega Highway to assess traffic operations in this area as may be affected by the proposed Vesting Tentative Tract Map 15609 — Pacific Pointe Development. The original draft scope of work in our April 18, 2001 proposal did not include this scope of work item. In order to accommodate this work, RK ENGINEERING GROUP, INC. would request a budget modification of $3,000 to accommodate the additional work. This type of assessment requires much more detailed operations data, including specific traffic signal timing/phasing, geometric analysis including length of left turn pockets for it to be effective. If you would like us to do this additional work, sign this letter, make a copy for your files and return this signed original to our office. It is my understanding that you are processing a purchase order for the original scope of work, and I would request that this additional scope and budget be added to that purchase order. If you have any questions, please give me a call at (949) 474-0809. Respectfully submitted RK ENGINEERING GROUP, INC. Robert Kahn, P.E. Principal 1301 dove street, suite 370 newport beach, california 92660 tel 949.474.0809 fax 949.474.0902 http://www.rkengineer.com Mr. Alan Oswald CITY OF SAN JUAN CAPISTRANO May 2, 2001 Page 2 Registered Civil Engineer 20285 Registered Traffic Engineer 0555 RK:kd/288 JN:0907-01-01 Attachment CONTRACT APPROVAL: Approved by: Title: Firm: CITY OF SAN JUAN CAPISTRANO Date: