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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. Rei �_ .T'L•�4� 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. -1- SD 0 0 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. -2- 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. -3- 0 0 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 -5- 0 0 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. Wom E Ll 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. qi2 A -1--M ey: Ran alI L. Streeter, Vic Presiden -7- E 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 . '0 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.