06-0502_ADAMS-STREETER CIVIL ENGINEERS, INC_Personal Services Agreement0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 2nd day of May, 2006, by and
between the San Juan Capistrano Community Redevelopment Agency (hereinafter
referred to as the "Agency") and Adams -Streeter Civil Engineers, Inc. (hereinafter referred
to as "Consultant").
RECITALS:
WHEREAS, Agency desires to retain the services of Consultant to perform site
design and engineering services for the Little Hollywood expansion project; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, Agency 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 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 June 30, 2007.
Section 3. Compensation.
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Total compensation for the scope of services for this Project shall not exceed
Two Hundred Eighty -Five Thousand Seven Hundred Eighty Dollars ($285,780.00), as set
forth in Exhibit 'A" attached and incorporated herein by reference.
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3.2 Rate Schedule.
The services shall be billed to the Agency at the rate set forth in Exhibit' A,"
attached and incorporated herein by reference. Included within the compensation are all
Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the Agency 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 Agency. The Agency 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 Agency
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 Agency.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of Agency, and shall obtain no rights to any benefits which accrue to
Agency'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 Agency to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the Agency. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the Agency. If Consultant is permitted
to subcontract any part of this Agreement by Agency, Consultant shall be responsible to
Agency 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 Agency. All persons engaged in the work will be
considered employees of Consultant. Agency will deal directly with and will make all
payments to Consultant.
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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 Agency, 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 acknowledges that: (1) it has investigated
the work to be performed; and (2) 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 Agency,
it shall immediately inform Agency of this and shall not proceed with further work under this
Agreement until written instructions are received from the Agency.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement, however, it is
recognized that Consultant must perform with due and reasonable diligence in accordance
with professional standards.
Section 9. Compliance with Law.
Consultant shall comply with applicable laws, ordinances, codes and regulations of
federal, state and local government in effect at the execution of the Agreement.
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 Agency
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 Agency shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and approval
of the Agency.
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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 Agency, except as
required by law or as needed to establish a defense. All such reports, information, data,
and exhibits shall be the property of the Agency and shall be delivered to the Agency upon
demand without additional costs or expense to the Agency. The Agency acknowledges
such documents are instruments of Consultant's professional services. Agency agrees not
to reuse or modify project documents and to defend and indemnify Consultant if project
documents are reused or modified.
Section 13. Indemnity.
Consultant agrees to hold harmless Agency, its elected and appointed officials and
employees from claims, liabilities, expenses or damages, including reasonable attorneys'
fees, for injury or death of any person or damage to property or interference with use of
property and for the "negligent" errors and omissions committed by Consultant arising out
of 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:
$1,000,000 Combined Limit (Bodily Injury/Property Damage)
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:
$1,000,000 Combined Limit (Bodily Injury/Property Damage)
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 Notice of Cancellation/Termination 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.
14.6 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.7 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.
Agency 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
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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 Agency: San Juan Capistrano Community Redevelopment Agency
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Planning Director
To Consultant: Adams -Streeter Civil Engineers, Inc.
15 Corporate Park
Irvine, CA 92606
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 to the
extent incurred as a result of negligent performance.
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
R. Monahan, Agency
AS TO FORM:
t -
John FV Shaw, Agency Attorney
SAN JUAN CAPISTRANO COMMUNITY
REDEVEYOPMENT AGENCY
In
hairman
ETER CIVIL ENGINEERS, INC.
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ey:
Ran alI L. Streeter, Vic Presiden
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PROPOSAL TO PROVIDE ENGINEERING, SURVEYING
AND RELATED SERVICES
FOR
"LITTLE HOLLYWOOD" EXPANSION'r �>
IN THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA.>
Prepared For.
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Attention: Ms. Lynnette Adolphson
Prepared Sr.
Adams -Streeter Civil Engineers, Inc -
15 Corporate Park
Irvine, California 92606
Attention: Mr. Randall L Streeter
(949) 474.2330
(949) 474-0251 FAX
Email: rstreetergadams-streeter.com
006
EXHIBIT A
ADAMS • STREETER
RECEIVED
FEB 1 3 2006
PLANNING DEPT.
0
IRVINE • RIVERSIDE
CIVIL ENGINEERS INC. Jan A. Adams • Randal L. Streeter
February 13, 2006
Ms. Lynnette Adolphson
City of San Juan Capistrano Planning Services Department
32400 Paseo Adelanto
Ssan Juan Capistrano, CA 92675
Subject: Proposal for Civil Engineering, Surveying and Related
Services for the Expansion of Little Hollywood in the
City of San Juan Capistrano, California
Dear Ms, Adolphson:
Thank you for the opportunity to provide engineering, surveying and related
services for the above project, for the City of San Juan Capistrano. If we are
selected, we proposed to earn your vote of confidence by impeccable
performance.
We have assigned a team of individuals who will supervise and perform the
necessary services as discussed in the City's RFI Scope of Work. The selection
of architecture and landscape sub -consultants shall be executed prior to the start
of the project. Aerial Mapping shall be performed by Robert J. Lung 1£
Associates. A summary of Adams-Streeter's key individuals that will be involved
in the proposed project are as follows:
Principal -In -Charge: Randal L. Streeter, P.E.
Supervision Engineers: Mohammad M. Abadi, P.E. (resume attached)
Khoon Y. Tan, P.E. (resume attached)
Survey Manager: Mark Petrie, L.S. (resume attached)
A fee proposal (Exhibit "A") for work to be performed including budget estimates
for meetings with breakdown for both Phase 1 and Phase 2, and a schedule of
hourly rates (Exhibit "B") are attached hereon. A tentative project schedule for the
work to be performed is attached hereon as Exhibit "C".
15 CORPORATE PARK • IRVINE, CA. 92606 • Tel: (949) 474-2330 • Fax: (949) 474-0251
2900 ADAMS STREET, SUITE A-400 • RIVERSIDE, CA. 92504 • Tel: (909) 352-4100 • Fax: (909) 352-6200
0
Ms. Lynnette Adolphson
February 13, 2006
Page 2
As part of Phase I, a preliminary site layout will be developed based on
topographical information obtained from the ALTA, aerial, and tree survey in
conjunction with the location of dry and wet utility infrastructure, and existing
easements. Due to the nature of the Los Rios District, specific considerations
and emphasis shall be placed to maintain the rural, historical character of the
neighborhood which includes dwelling unit orientation / appearance (10 units
proposed to match the existing Silvercrest units), providing non -curbed street
with slotted drains at the edge of pavement (no catch basins), preservation of
existing trees and vegetation to the extent feasible, providing compatible
landscaping, and other requirements as listed on the City's RFI. Three alternative
conceptual site plans shall be developed from the preliminary site layout in
conjunction with the conceptual floor plans and building elevations for public
review and input. As part of Phase ll, bid -ready construction plans (and
specifications) as outlined on the fee proposal shall be developed based on the
City approved site plan and submitted to the City' Engineering and Building
Department for plan check.
Our team has extensive experience in performing similar projects such as the
proposed, including the previous development phase for "Little Hollywood" and
we are confident that we can provide the City of San Juan Capistrano with quality
service executed in a timely manner. Short company qualification statements and
a brief listing of similar projects that our team had previously performed are
enclosed in this proposal for your review.
It is a pleasure to submit this proposal to the City
would be happy to discuss its intent with you at
forward to providing you the finest in engineering
Ve0daltr Raeter
Vice President
RLS/KT/Imc
of San Juan Capistrano. We
your convenience and look
El
LITTLE HOLLYWOOD EXPANSION FEE PROPOSAL
Date: 03.27-06
i�
DESCRIPTION OF ITEM I HOURS I FEE I SUMMARY
PHASE 1
RESEARCH
REVIEW INFORMATION, OBTAIN PLANS,ETC.
12
$1,500 $1 ,500
$15000
MATERIALS & COLOR BOARD
TOPOGRAPGY BASE, BOUNDARY & UTILITIES
$3.000
REVIEW CITY AERIAL TOPOGRAPHY & PLOT BOUNDARY
12
$l 500
REVIEW TITLE REPORT AND PLOT EASEMENTS
50
S6 250
CHECK BOUNDARY BY SURVEY & PICK UP DESIGN TOPO (2 MAN CREW)
16
53,280
PREPARE ALTA SURVEY MAP (NOT INCLUDED)
0
SO
PLOT EXISTING SEWER LINES
10
Sl 250
PLOT EXISTING WATER, DRAINAGE, AND DRY UTILITY INFRASTRUCTURE LINES
SITE PLAN ALTERNATE 3 (may not be needed)
50
THREE CONCEPTUAL SITE PLANS
ARCHITECTURE
120
$15000
MATERIALS & COLOR BOARD
24
$3.000
LANDSCAPING CONCEPTS
80
510000
DRAINAGE, FLOOD ZONE AND WATER QUALITY
24
$3,000
SITE PLAN ALTERNATE 1
200
525 000
SITE PLAN ALTERNATE 2
100
$12 500
SITE PLAN ALTERNATE 3 (may not be needed)
50
S6250
SUMMARY
S74.7501 1
$74750
DISPLAY BOARDS - GRAPHICS
-
DISPLAYBOARDS- GRAPHICS
80
$10000
$10000
MEETINGS - STAFF & PUBLIC
KICKOFF MEETING
6
$750
DEVELOPMENT ADVISORY BOARD
6
$750
LOS RIOS STAKE HOLDERS
8
$l 000
DESIGN REVIEW COMMITTEE
B
S1,0001
CULTURAL HERITAGE COMMISSION
8
S1,000
HOUSING ADVISORY COMMITTEE
8
$7 000
COMMUNITY REDEVELOPMENT
8
$I 000
PLANNING COMMISSION
8
51 000
REVISIONS AND ADJUSTMENTS TO EXHIBITS
30
53,750
SUMMARY
$11,250
$11250
A55UME 3 to 4 ATTENDING EACH MEETING
GRAND TOTAL PHASE 1
0
LITTLE HOLLYWOOD EXPANSION FEE PROPOSAL
DESCRIPTION OF ITEM
HOURS
FEE
FEE
SUMMARY
Fs,11
s, to be Reviewed Aher Site Plan Approval
ONSTRUCTION DOCUMENTS
CIVIL ENGINEERING PLANS
FINAL HORIZONTAL CONTROL SITE PLAN
40
$5,000
ROUGH GRADING PLAN
EROSION CONTROL
120
12
(15,000
$1,500
IN0165WPPP
MAPPING LOT LINES, RIGHT OF WAYS, EASEMENTS
50
180$EWER
$
BOWATER
80DRAINAG
E
100PRECISE
GRADING
780ROADWAYS
6 DRIVES
60
WOMP
50
$6,250
DRY UTILITIES
100
$12,500
SUMMARY
$131.5001
$131 SDO
LANDSCAPING PLANS
. LANDSCAPING, HARDSCAPE d IRRIGATION PLANS
220
$27,500
$27,500
ADMINISTRATIVE
'. PLAN CHECK
60
$7.500
MEETINGS
60
S7,500.
SUMMARY
f15000
SI5000(
GRAND TOTAL PHASE 25174000
I' GRAND TOTAL PHASE 1 6 2
I
f28S 780 i
i
.o
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Ms. Lynnette Adolphson
February 13, 2006
Page 5
EXHIBIT "B"
SCHEDULE OF HOURLY RATES
BILLING
All billing will be invoiced on a percentage completion basis. The above scope
of work and any additional services will be based on the following current hourly
rates:
Office: $125
Field: 2 -Man Survey Crew $205
These rates will remain in effect through August 2006 at which time they may be
changed due to union negotiations. All out of pocket expenses, such as filing
fees, and additional blueprinting, plotting and reproduction charges beyond what
is budgeted for this project will be extra and invoiced at our direct cost.
0 •
Ms. Lynnette Adolphson
February 13, 2006
Page 6
EXHIBIT "C"
TENTATIVE PROJECT SCHEDULE
DESCRIPTION OF WORK
EST. DURATION
(Listed in Chronological Order)
(Non -overlapping)
Phase 1:
1. Research, ALTA, Aerial Topo, Boundary
4 weeks
Survey and Utilities
2. Architecture / Landscaping Concepts,
8 to 10 weeks
Conceptual Site Plans, Display Boards
3. Staff and Public Meeting Process
8 weeks
Sub -total:
20 to 22 weeks
Phase It:
1. Construction Documents & Specifications
10 to 12 weeks
(Engineering & Landscaping)
2. Plan Check Process
5 to 6 weeks
(and Meetings w/ City Staff)
Sub -total:
15 to 18 weeks
0 0
Ms. Lynnette Adolphson
February 13, 2006
Page 7
A COMPANY OVERVIEW
Adams Streeter Civil Engineers, Inc.
Adams Streeter is a civil engineering and land surveying company that have
provided planning, engineering and surveying services to both the public and
private sectors for over 27 years with projects ranging from residential,
commercial, and industrial projects to public works improvements. We have a
staff of over 40 professionals who are adapt in providing these services and have
also worked with numerous sub -consultants in various related fields including
geotechnical engineering, structural engineering, transportation & traffic
engineering, water resources engineering, architecture and landscape
architecture.
With our expertise and professionalism, we have earned respect among our
peers and have many repeat clients. By taking an active and personal approach
to each of the firm's projects, and by overseeing our staff -team of professionals,
company principals Jan Adams and Randy Streeter have earned the firm a
respected reputation for its thorough evaluation, cost efficiency, rapid turn -around
and overall quality workmanship.
Adams Streeter has extensive experience in performing projects ranging from
private residential development to public improvement projects throughout
Orange County, Los Angeles County, and more recently in the Inland Empire. A
small sampling of current projects is listed as follows:
• A residential development project currently in the design phase involving
138 detached condominium units as part of the College Park Development
in the City of Chino for Pacer Communities. Contact: Patrick Young, Vice
President - Land Acquisition at (949) 794-9930 ext. 109.
• A residential development project currently in the construction phase
involving the re -development of an existing commercial / industrial site to a
32 single family unit home site in the City of Costa Mesa for Richmond
American Homes. Contact: Mark Rosene, Director of Planning at 949-756-
3342.
A residential development of the "Masters Collection" consisting of 18
luxury homes in Shady Canyon in the City of Irvine for Laing Luxury
Homes. Contact: Ginny Kerr, Project Manager @ (949) 265-2415.
Ms. Lynnette Adolphson
February 13, 2006
Page 8
Adams Streeter Civil Engineers, Inc.
Project Team Resume
Name: Mohammad M. Abadi
Title: Project Manager
Education: Bachelor of Science, Civil Engineering
Registration: Registered Civil Engineer, California R.C.E. 42615
Experience: 22 Years Total Experience
Synopsis:
Mr. Abadi's 22 years of experience in project management and design
insures a thorough analysis of project parameters and design options and
ramifications. He has designed a variety of projects in the Southern
California area that involves residential development and the
development, re -development and construction of new and existing
infrastructures including streets, storm drainage, sanitary sewer, and
domestic / non-domestic water facilities, and is experienced in the
analysis and design of drainage systems.
Name: Khoon Y. Tan
Title: Project Engineer
Education: Bachelor of Science, Civil Engineering
Registration: Registered Civil Engineer, California R.C.E. 60131
Experience: 17 Years Total Experience
Synopsis:
Mr. Tan has 17 years of experience in public works projects serving
clients in the State, County and City levels and has broad experience in
preparing public and private site / land development projects ranging from
recreational facilities to commercial property developments, PS&E for
street / highway design, street improvement & rehabilitation, storm
drainage, sanitary sewer, and domestic / non-domestic water facilities.
Name: Mark Petrie
Title: Vice President of Surveying
Registration: Licensed Land Surveyor, California L.S. 6902
Experience: 25 Years Total Experience
Synopsis:
Mr. Petrie is responsible for the construction survey team and has been a
proven survey party chief with Adams Street since 1981 and Vice
President of Surveying since 1988. His experience includes the
preparation of ALTA surveys, boundary analysis, aerial mapping, data
collection, plan checking improvement plans, and administers daily field
work schedules for Adams Streeter's field orders.