08-0701_FUSCOE ENGINEERING INC_Personal Services Agreement:PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effectivethis 1" day
of July, 2008, by and between the San Juan Capistrano Community Redevelopment
Agency (hereinafter referred to as the "Agency") and Fus Engineering, Inc,
(hereinafter referred to as the "Consultant").
RECITALS:'
WHERFAS, Agency desires to retain the services. of Consultant regarding the
Agency's proposal to prepare improvement plans for the Lower Rosan Ranch parking lot
access of Stonehill Drive; and
WHEREAS, Consultant is qualified. by virtue of expert e-noe, training, education and
expertise to,accomplish such services.
NOW, THEREFORE, Agency and Consultant mutually agree as foffows"
Section1. Scope. of Work.
The scope of work to be performed by the City shall consist of those task-, as set
forth in Exhibit "A," attached and incorporated herein by reference, To the extent that
there are any conflicts between the. provisions described in Exhibit "A" and those
provisions contained within this Agreement, the provisions in this Agreement shall.
controla
Section 2. Term,
This Agreement shall commence on the effective date and shall terminate,, and all
services required hereunder shall be completed, no later than February 28, 2009,
3.1 Amount
Total compensation for the services hereunder shall not exceed $23,100. 00
as set forth in Exhibit "A," attached and incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3 , 1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The
Agency will pay morithly progress payments based on approved invoices in accordance
with this Section,
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Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement, These record,&, will be made
available at reasonable times to Agency,
Section 4. Indevendent Contractor.
It is agreed that Consultant shall act and bean independent contractor and riot an
agent or employee of Agency, and shall obtain no rights to any benefits which accrue to
Agency's employees -
Section 5. Limitations Upori Subcontractinq and Assionment.
.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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For extra work not part of this Agreement, a written authorization from Agency is
required prior to Consultant undertaking any extra 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,addiflonal
Consultant's fees.
By executing this Agreement, Consultant represents that, (1) it has investigated
the work to be performed', (2.) if applicable, it has investigated the work site(s), and is
aware of all conditions there; and (3) it understands the facilities, difficulties and
restrictions of the work to be performed 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 the 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 EssenA
Time is of the essence in the perfon-nance of this Agreement.
Consultant shall comply with applicable laws, ordinances, codes and regulations
of federal, state and local government in force at the time services are performed.
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 work, Consultant shall have delivered to Agency at least
one (1) copy of any final reports and/or notes or drawings containing Consultant's
findings, conclusions, and recommendations with any supportdocumentation. All reports
submitted to the Agency shall be in reproducible format, or in the format otherwise
approved by the Agency in writing,
Section 12. Owners hip.& 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. 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 to hold harmless and indemnify
Consultant of any loss, claim, liability, damages, injuries and expenses (including
reasonable attorney fees) of every nature arising out of, or in anyway connected with the
modification of inappropriate re�jse of such documents.
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To the fullest extent permitted by law, Consultant agrees to protect and hold
harmless the Agency and its elective or appointive boards, officers, and employees from
any and all claims, liabilities, expenses, or damages of any nature, including reasonable
attorneys' fees, for injUry or death of any person, or damages of any nature, including
interference with use of property, arising out of the negligence, recklessness and/or
intentional wrongful conduct of Consultant, Consultant's agents., officers, employees,
subcontractors, or independent contractors hired by Consultant in the performance of the
Agreement. The only exception to Consultant's responsibility to protect and hold
harmless the:Agency, is due to the negligence,recklessness and/or wrongful conduct of
Agency, or any of its. elective or appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable..
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the
duration of the agreement, and provide proof thereof that is acceptable to the Agency,
the insurance specified below with insurers and under forms of insurance satisfactory in
all respects to the Agency. Consultant shall not allow any subcontractor to commence
work on any subcontract until all insurance required of the Consultant has also been
obtained for the subcontractor. 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 V11 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 an amount not less than
one million dollars per occurrence ($1,000,000,00), combined single limit coverage for
risks associated with the work contemplated by this agreement. IfaCommercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit,
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 an amount not less than one million dollars per occurrence
($14000,000,00),
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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,
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 naming Agency, its officers and employees, as additional
insured as respects each of the following- Liability arising out of activities performed by or
on behalf of Consultant, including the insured's general supervision of Consultant;
products and completed operations of Consultant; premises owned, occupied or used by
Consultant; or automobiles owned, leased, hired, or borrowed by Consultant., The
coverage shall contain no special limitations on the scope of protection afforded Agency,
its, officers and employees.
14.5 :Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors
and Omissions Coverage (professional liability coverage) in an amount of not less than
One Million Dollars ($1,000,000), Prior to beginning any work under this Agreement,
Consultant shall submit an insurance certificate to the Agency's General Counsel for
certification that the insurance requirements of this Agreement have been satisfied.
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 Agency,
exceptthat ten (10) days' notice shall be given if there is a cancellation due to failure to
pay a premium,
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
Agency has issued a written "Notice to Proceed" verifying that Consultant h8s complied
with all insurance requirements of this Agreement,
Agency shall have the right to terminate this Agreement without.. cause by g4ving
thirty (30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days'notice to the other party of a material breach of contract, If the other party
dogs not cure the breach of contract, then the agreement may be terminated subsequent
to the ten `(I 0) 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: Douglas D. Dumhart
To Consultant: Fuscoe Engineering, Inc,
16795 Von Karman, Suite 100
Irvine, CA 92606
Attn: John Olivier, RE.
Sectio 1i Attorney§'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.
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").
This Agreement• constitutes the entire understanding and agreement between the
parties and supersedes all prewous negotiations between them pertaining to the Subject
matter thereof,
[SIGNATURE PAGE FOLLOWSl
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
APPROVED AS TO FORM:
Nq d"A aMW90f d I
Omar Sandoval, Agency bou—nW
SAN JUAN CAPISTRANO
COMMUNITY REDEVEOPMENT AGENCY
Q411-AiT 01,�'
Dave Adams, Executive Director
r
•01 Kil] It r.11 1011
Jn OlVier, Regional President
Page 7 of 7
Exhibit A
Scope of Services & Fee Proposal
City of San ,Juan Capistrano
Stonehill Drive Improvement Plan
Revised June 3, 2008
PROJECTDESCRIPTION
Prepare improvement plans for the Lower Rosan Ranch/car dealership annex parking lot access off of
Stonehill Drive in San. Juana Capistrano, California. Assumes City to take lead in OCFCD negotiations.
CIVIL ENGINEERING
Task 1. Supplemental Survey
Supplement aerial topographic survey being prepared under separate contract to field survey
area of work. Survey shots to include top of curb, flow line, pavennent finish surface and
storm drain details for 150' long stretch of Stonehill Drive.
Fee $3,600
Task Z. Preliminary Street Improvement Concept
Prepare one preliminary Street Improvement Concept showing the proposed improvements for
consideration by Client and OCFCD..Plans will reflect horizontal layout for curbs, gutters,
sidewalks, catch basins and street lights. Also, plan will show right of way, boundary lines
and easements of records in the area of proposed improvements,
Fee $1, 800
Task -3. Improvement Plans
Prepare, submit and obtain approval for one set of Improvement Plans and profiles for the new
access to the LRR site. Plan to be based on approved concept plans prepared under task 2.
Plans will reflect finished paving, curbs, gutters, catch basin, storm drain extension, sidewalks
and street lights. Assumes hydrology and hydraulic calculations will not be required.
Fee $12,200
Task 4. Project Coordination
Provide project coordination such as cost estimates, meeting attendance, coordination with
City staff and consultants, special studies as requested by Client and government agency
processing. Assumes 24 hours will be sufficient for this task.
Hourly ('IEstimate) $4,000
Task 5. Reimbursable Expenses
Provide budget for reimbursable expenses including, but not limited to, reprographics,
deliveries, and mileage. Assumes plan check fees and other processing fees will e paid for
directly by the City of San Juan Capistrano.
Budget ('Estimate) $1,500
Civil Engineering Total $23,100
Items not Included, but Available
• Temporary Construction Traffic Control Plan
• Specifications
• Construction Administration
• Bid Package Assistance
• Traffic Signal Design
• Dry Utility Coordination
• Storm Water Pollution Prevention Plan
■ Water Quality Management Plan
• OCFCD Encroachment Permit Processing
SUMMARY
CIVIL ENGINEERING
Task 1, Supplemental Survey
Task 2. Preliminary Street Improvement Concept
Task 3. Improvement .flans
Task 4. Project Coordination
Task 5. Reimbursable Expenses
CIVIL ENGINEERING TOTAL
,Fee
$3,600
Fee
$1,800
Fee
$12;200
Hourly (*Est.)
$4,000
Budget (*Est.)
$1,500
.$23,100
*Not to exceed without prior authorization
This Fee Proposal is Valid for Thirty (30) Days from the Date of This Document.
FCSCOE Engineering, Inc. will perform the services on a fixed fee basis, except where noted. Services
rendered outside of the scope will be performed at prevailing hourly rates. Costs of blue -printing,
deliveries and out-of-pocket expenses are not included and will be considered reimbursable. A 10%
surcharge will be added to the reimbursables to cover handling expenses.
It is the policy of FUSCOE to meet all schedule requirements while maintaining a competent and
professional level of service. In return, it is expected that all invoices will be paid within thirty (30) days
of receipt. Failure to do so could result in cessation of services and/or reassessment of service priority.
2008 RATE SCHEDULE
CLASSIFICATION HOURLY RATE
President
Principal
Sr. Project Manager
Project Manager
$218
$177
Sr. Designer / Senior Engineer / Sr. Water Resources Engineer $151
Designer / Engineer / Project Scientist / GIS Coordinator $135
CADD / Engineering / Environmental Tech. / Graphics Tech. $104
Information Coordinator
$ 78
1 -Man Survey Crew
2 -Man Survey Crew
3 -Man Survey Crew
$170
$225
$260
$260
$229
1. Reproduction and other reimbursable expenses will be billed in addition to the above rates, with a 10%
handling surcharge (detailed costs provided upon request).
2. This rate schedule is subject to change due to the granting of wage increases and/or other
employer benefits to field or office employees during the lifetime of this agreement.
3. Overtime is available for critical deadlines at 1-1/2 times the normal rates for office employees.
Surveyors' rates are also adjusted automatically for overtime or holiday/weekend work in
agreement with the Operating Engineers Union.
rd
32400 PASEO ADEL.ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 FAX
www.sanjuane(ipistrano.org
Im
John Oliver
Fuscoe Engineering, Inc.
16795 Von Karman, Suite 100
Irvine, CA 92606
DATE: July 1, 2008
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MEMBERS OF THE CITY COUNCIL
L,
InEDWROTO
SAMALLEVAfO
THOMAS W. HRIBAR
I ES?NStiStlER
1961
MARK NIELSEN
1776
JOE SOTO
No
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❑R. LONARES USO
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
RE: Personal Services Agreement — Boundary Adjustment for LAFCO Application
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, phase contact
me at (949) 443-6309.
If you have questions concerning the agreement, please contact Douglas D. Durnhart,
Economic Development Manager at (949) 443-6316.
An original agreement is enclosed for your records.
Cc: Douglas D. Dumhart, Economic Development Manager
San ,Tuan Capistrano: Preserving the Fast to Enhance the future
q0 Printed on 100% recycled paper