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: