09-0519_RIDGE LANDSCAPE ARCHITECTS_Personal Services Agreement PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 19th day
of May, 2009, by and between the City of San Juan Capistrano (hereinafter referred to as
the "City") and Ridge Landscape Architects (hereinafter referred to as the "Consultant').
RECITALS:
WHEREAS, City desires to retain the services of Consultantto provide professional
Landscape Architectural Services for the San Juan Creek Road Widening Project from
Valle Road to Camino Capistrano; 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 the Consultant shall consist of those tasks 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 control.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall continue until notified that said services are no longer
required, subject to 15 days notice of termination.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed Ten
Thousand Five Hundred Dollars ($10,500) 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 as
determined by the City Engineer. The City will pay monthly progress payments based on
approved invoices in accordance with this Section.
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3.3 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.
For extra work not part of this Agreement, a written authorization from City 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 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.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants 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 City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
Section 6. Time of Essence.
Time is of the essence in the performance of this Agreement.
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Section 9. Compliance with Law.
9.1. Compliance with Law.
Consultant shall comply with all applicable laws,ordinances,codes and regulations
of federal, state and local government.
9.2. E-Verify.
If Consultant is not already enrolled in the U.S. Department of Homeland Security's
E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Consultant shall verify employment authorization
within three days of hiring a new employee to perform work under this Agreement.
Information pertaining to the E-Verify program can be found at http://www.uscis.Qov, or
access the registration page at https://www.vis-dhs.com/emploverregistration. Consultant
shall certify its registration with E-Verify and provide its registration number within sixteen
days of the effective date of this Agreement. Failure to provide certification will result in
withholding payment until full compliance is demonstrated.
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 work,Consultant shall have delivered to City at least one(1)
copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format,or in the format otherwise approved by
the City in writing.
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 the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
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Section 13. Indemnity.
To the fullest extent permitted by law,Consultant agrees to protect,defend,and hold
harmless the City and its elective and appointive boards, officers, agents, and employees
from any and all claims, liabilities,expenses,or damages of any nature,including attorneys'
fees, for injury or death of any person, or damages of any nature, including interference
with use of property, arising out of, or in any way connected with 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,
defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful
conduct of the City, 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. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
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 City, the insurance
specked below with insurers and under fors of insurance satisfactory in all respects to the
City. 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 VII or better.
14.1 Comprehensive General Liability.
Throughout the ter 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. If a Commercial General
Liability Insurance form or other for 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.
14.2 Comprehensive Automobile Liability.
Throughout the ter 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
($1,000,000.00).
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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 underthis Agreement,Consultant shall submit the
insurance certificates, including the deductible or self-retention amount, and an additional
insured endorsement naming City, its officers, employees, agents, and volunteers as
additional insureds 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 City,
its officers, employees, agents, or volunteers.
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 City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.5 Errors and Omissions Coverage [FOR PROFESSIONS/WORK
EXCLUDED FROM GENERAL LIABILITY)
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 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 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.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
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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.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving 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
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 maybe 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: Khoon Tan, P.E.
To Consultant: Ridge Landscape Architects
8841 Research Drive, Suite 200
Irvine, CA 92618
Attn: Jim Ridge, ASIA
Section 17. Attomevs' 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 attomeys'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").
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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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By: ---
Mark Nie sen, Mayor
RIDGE LANDSCAPE ARCHITECTS
ATTABy' 'v`4 —
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M are . onahan, 'ty erk
APPROVED AS TO FORM:
014& ill
Omar gankloial, City Attomey
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1 EXHIBIT "A"
August 29,2008
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R 1 0 G €
Mr.Tad Mazboudi LANDSCAPE
Environmental Division ARCHITECTS
City of San Juan Capistrano
32400 Paseo Adctanto
San Juan Capistrano,CA 92675
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Subject Proposal to provide landscape Architecture!Services for
CRY OF SAN JUAN CAPISTRANO
SAN JUAN CREEK RD.LANDSCAPE IMPROVEMENTS
San Juan Capistrano,California
Dew Mr.Mazbour is
We are pleased to sulwd to you this fee proposal to provide pupal Lane Architectural Services in
connection with the above referenced project Attached you will find a services and Compensation Schedule indicating
the Elanents of Services and the Basic Fee.
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The following assumptions were utilized to develop the fee:
1. This fee proposal is based upon the scope indicate on our meeting Wednesday, August 27,2008.
2. Base information will be provided in AutoCAD2008 format from CM Engineer and Architect.
3. RLA will document hardscape and softscape elements.
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5. This fee proposal is for the Schematic Design, Design Development, Construction Document, Bidding, Plan
Check and Construction Phase services.
Also included for your review is a summary of the Terms and Conditions upon which this fee is based. If this fee'
proposal meets with your approval,please prepare a Consultant Agreement for our signature.
Thank you for the opportunity to submit this proposal.
Sincerely,
Ridge Landscape Architects
Jim Ridge,ASLA
Principal
8841 Research Drive Suite 200 Irvine Calftnia 92618 Phone 949 387-1323 Fax 949 3871303
iwwmndeela.com rla no. 2809
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SAN JUAN CREEK RD.
LANDSCAPE IMPROVEMENTS
San Juan Capistrano,Caifamia
Landscape Architectural Fee Proposal
City of San Juan Capistrano
Ridge Landscape Architects
BASIC SERVICES
1.0 SCHEMATIC DESIGN AND DESIGN PROCESSING PHASE
1.1 Attend Meetings/Cwdnabon/Presentations
RIA will be avallable to attend (3) lean meetings to present the landscape architectural schematic design
docurnents as prepared by RLA
a Pra-mee4ing with City staff and Design Review staff.
b. Design Review Committee meeting.
a Planning Commission meeting.
RLA will coordinate with tears members to ensure that required intormaation from the dilterent disciplines is
exchanged in order to provide a cohesive sdrernatic design package.
1.2 Conceptual Lerndscaps Plan
RLA will prepare a Conceptual Landscape Plan graph aly indicating hardscape and landscape elements and
keyed to a legend. This plan will be sub be for speclk plan sL&rR l to the governing agencies for pralminary
entitlements.
1.3 Prepare Focus Area Plan Enlargements
A design development plan indicating hardscape and soltskape elements at an enlarged scale will be prepared for
project foals areas. These areas could induce:enhanced treatrnent at intersections,plazas,and strestscape.
1.4 Image f Site Reconnaissance Board/Exiedng Landscape inventory
RLA will photograph the Project SW to document ad/aoent conditions, on-site and off-sits views. The proposed
landscape character and Plant material will be conveyed Usough the use of photographic images. An inventory d
existing plant material(d appi cable)will be conducled and an evaluation as to the aestheticvalue,appropriates
to the deep concept and general health will be provided.
1.5 Sketch-Up Vwm
Sketch up views of the proposed landscape design will be prepared to ilkutrata the proposed hardscape and
landscape design concept
SCHEMATIC DESIGN PHASE DELIVERABLES
Preliminary Plan(Colored)
Sits Reoomaiasenc�eJlmatre Photo Board
90stdh-UPVlews
Focus Area Enlargements
2.0 DESIGN DEVELOPMENT PHASE
2.0 Review Schematic Documents/Base Refinement
Based upon approved Schematic Design Documents, RLA wilt refine the base information into a formal suitsde for
Design Development documentation.
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SAN JUAN CREEK RD.
LANDSCAPE IMPROVEMENTS
San Juan Capistrano,California
Landscape Architectural Fee Proposal
City of San Juan Capistrano
Ridge Landscape Architects
2.1 Prepare Landscape Construction Elemenb Design Development Documents
Landscape construction elements Include but are not limited to the following site paving, ramps,steps,plantedseat
wells,signage wells(sign graphics by others),site fighting IocatioNbese ddatb,landscape drainage.The landscape
construction elements will be drawn to scale, noted and keyed to appropriate legends.A odor and finish schedule
Wit be prepared far all site elements. Outline delds wig be prepared to cony design intent
j 2.2 Prepare Focus Area Plan Enlargements
A design development pian indicating hardscape and sof sceps elements at an enlarged scale oil be prepared for
project focus areas. These areas could include: enhanced treatment at project wiry drive, second and tNrd fico
plazas,and building entries.
23 Prepare Landscape Planting and Irrigation Design Development Documents
Trees,shrubs,groundcovers,and vines wig be clearly Indicated by graphic symbol keyed to a legend
2.4 Prepare Landscape Draft Specifications
RLA will prepare draft technical specifications in C.S.I. found for the landscape construction, planting and
irrigation elements.
2.5 Coordinate Utilities,Fire,and Service Access Requirements
An overlay of all above and below ground utlgties,easements and service access requirements will be prepared to.
inmrs that the proposed landscape Improvements are not in conflict.
26 Attend Project Team Meetings
RLA wig attend(2)meaft during the Design Development Phase to coordinate with the project tem.
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2.0 DESIGN DEVELOPMENT PHASE DELNERABLES
Title Shed 1:1 Landscape Construction Plan 1"-10'
Enlargements
Landscape Construction Plans r"-20, Landscape Planting Plans TtW
Outline Landscape Construction Varies Landscape Technical Outline 1:1
Details Specifications
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3.0 CONSTRUCTION DOCUMENTS PHASE
3.0 Review Design Developrnent Documents I Base Refinement
Based upon approved Design Development Documents, RLA will refine the base information onto a format
suitable for construction document preparation.
3.1 Prepare Landscape Construction Dements Constuctlon Documents
Landscape construction elements include but are not IMnited to the following:site paving,amps,steps,plentedsest
wags,signage walls(sign graphics by otiners),site lighting locatiordbase details,landscape drainage.The lardserpe
construction elements will be dimensioned, noted and keyed to appropriate legends The drawings will also be
aosaraferonced to Civil Engineer,Electrical Engineer,Shuchavil Engineer and Architec uird sheds
3.2 Prepare Landscape Planting and hrigation Construction Documents
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SAN JUAN CREEK RD.
j LANDSCAPE IMPROVEMENTS
j San Juan Capistrano,California
Landscape Architectural Fee Proposal
City of San Juan Capistrano
Ridge Landscape Arddlacls
i
Tress, shrubs, groundornrers, and Vinee will be dearly indicated by graphic symbol keyed to a legend. If the
oomplwdly of the planting requires, the foes and vines plan may be separated from the shrub planting plan. "
Irrigation plans will indicate layout p.o.a information, controller, manufacturer, and pressure calculations for a
reclaimed irrigation system. The plans will cordorm to the raquirements of the governing,agencies. .
3.3 Prepare Landscape Specifications
RLA will prepare complete technical,specifications in C.S.I. format for the landscape construction, planting
and irrigation elements. The overall project manual will be reviewed to insure that our technical specifications
aro coordinated with the Division 1 Requirements and overlapping secdons.
3.4 Obtain Agency Approvals
RLA will provide plans for submission to the governing agencies. Plan check revisions required by the govemmg
agencies will be completed and resubmitted. We are aware of the importance of these approvals m the overall
project schedule and will do all that is possible to avoid delays in obtaining these approvals.
1 3.5 Atta d Project Team Meetings
RLA will attend(2)meetings curing the Construction Document Phase to coordinate with the project teen.
3.0 CONSTRUCTION DOCUMENT PHASE DELIVERABLES
Tide Sheet NA Landscape Irrigation Plans V-20'
Landscape Construction Plans 1"-20' Landscape Planting Plans T"-20'
Landscape Construction Plan V-10' Planting/I Irrigation mgadon Daials Varies
nts
Landscape Grading/Drainage Pians V-20' Landscape Technical Specifications NA
Landscape Construction Details Varies ti0%,90%(Building Department SubmkW
and Final Constr allon Set)
4A BIDDING PHASE
4.1 Assist with List of Bidders
The project learn will be provided with a Eat of potential bidders that RLA has had prior o"dence with and ward be
suflable,to work on Oft project.
4.2 Interpret Contract Documents
RLA will respond promptly m bidder rquiries during the bid period.
4.3 Prepare Landscape Addenda
If required during the bidding period RLA will prepare addenda to supplement the consdtuton
documents.
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SAN JUAN CREEK RD.
LANDSCAPE IMPROVEMENTS
San Juan Capistrano,California
Landscape Architectural Fee Proposal
City of San Juan Capistrano
Ridge Landscape Architects
i
4.4 Review Contractor Bids
Analyze and compare bids submitted in regard to unit oosts and completeness. Review bids with projectteem.
4.0 BIDDING PHASE DELIVERABLES
l . Bidders List Approved Submittals
LaridscepeAdderda
SA PLAN CHECKIPERIIAffTING
5.1 Provide lanrdscaps architectural documentation fox nomced prooassirig of documents through the governing agencies
as required to obtain a landscape pemrit
&0 CONSTRUCTION PHASE
6.1.Conduct Scheduled Site Visits
Attend site meetings to review the construction progress and confirm compliance with the plans and specifications.
These visits would be coordinated with the owner's representative and contractor. Site visas in this fee proposal
paidnum 4)would include the following:
• Hardscape Review
• Irrigation Coverage Test
• Plant massing and layout
• Pre-Maintenance Walk-through
I 6.2 Respond to PLRUS
Prompt,accurate responses are required during the construction phase and will be provided by RLA.
6.3 Review Submittals and Shop Drawings
Submittals and shop drawings will be reviewed and approved by RLA.
6.4 Prepare Site Visits Notes/Punch lists
Al cite visits will be documented with a memorandum outlining issues dismissed,conclusions reached and required
aetibrs noted. Punch lists will be prepared prior to alow ling the conbac for to begin theirmaintenance period
6.5 Prepare Irrigation As-Bulb;
RLA will prepare autocadd as-built irrigation plans based upon landscape contractors record drawings. RLA will
submit the aabuilt plans to the City.
6.6 Project Cox-Out
Provide AutoCAD files to Owner for their records. Provide letter of Sibstarttial Compliance to plans and
specifications.
6.0 CONSTRUCTION PHASE DELIVERABLES
Bidders List A"Ldit Pians Review and Coordination
R.F.I.Responses Certificate of Substantial Compliance
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SAN JUAN CREEK RD.
IANOSCAPEIMPROVEMENTS
San Juan Capstrano,California
Landscape Architectural Fee Proposal
City of San Juan Capistrano
Ridge Landscape Architects
Clarification DrawingaronstructionDrawing/Submittals
Change Directives
FEE SCHEDULE
TASK FEE
1.0 SCHEMATIC DESIGN PHASE $4 5
2.0 DESIGN DEVELOPMENT PHASE $1,000
i 3.0 CONSTRUCTION DOCUMENT PHASE $2,500
4.0 BIDDING PHASE $7
5.0 PLAN CHECK AND PERMITTING PHASE $750
6.0 CONSTRUCTION PHASE L:'
TOTAL $10,500
THE PROFESSIONAL FEE,AS OUTLINED IN THE PRECEDING SERVICES AND COMPENSATION SCHEDULE,
IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
I. EXCLUSIONS TO BASIC SERVICES
Speoft*excluded from the Basic Services are the following items,which are to be provided by others:
A Base data and Information necessary for the exeartion of the Basic Services inckrdng,but not limited
tw
1. Project Requirements
2. Boundary and Topographic Survey
3. Utility Locations
4. Clean site plan in AutoCAD Release 2006 foimat, accurate as to scale and depicting all site
information including, but not limited to, sheets, sidewaks, curbs, driveways, periling Iota
building(including door and window locations),and site walls(retaining and freestanding).
B. GaMecfniral Engineering
C. Agronomic Solis Analysis
D. Civil, Structural, Mechanical and Electrical Engines" (Mudag al engneenng for arty proposed
water feahxe).
E. Provision of waterproofing systems,detailing or specifications of the fdlowl g:
1. Structural deck
2. Connections of arcJXedure to shuctural deck
3. Penetrations W structure!deck including mechanical,deWcal,drainage,or irrigation systems.
F. AN Govemmentel and Private Agency PresenMt oris,Processing and Coordination.
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SAN JUAN CREEK RD.
LANDSCAPE IMPROVEMENTS
San Juan Capistrano,California
Landscape Architectural Fee Proposal
City of San Juan Capiatrano
Ridge Landscape Architects
II. ADDITIONAL SERVICES
-The Consultant may incur "mess and costs, which are not included in the Basic Fee for Services. If .
authorized by the Client, through written job flange order confirmation, the Consultant wtil perform said
Additional Services on a time and material basis,according to the fdbmM schedule:
Frw
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p@$150 per hourAssociate Q$125 per hour
Project Manager @$100 per hour
Job Captain @$85 per hour
Draftsperson Q$75 per hour
A Additional Services include,but are not limited to,the folowing:
1. Changes to the Elements of Services as indicated on the attached Services and
Compensation Schedule.
2. Revisions to drawings, specifications, or cher docurrients, which are inconsistent with
previously given written approvals or instructions.
3. Revisions to drawings, speaficetlons, or other documents, required by the enacament or
revision of codes,laws or regulations,subsequent to the preparatlim of such documents.
B. If the duration of the Project continue pact one.year from the date of signing this Agreement the
Consultant reserves the right to renegotiate Itie hourly rates for Additional Services.
M. REIMBURSABLE EXPENSES
Reimbursable expenses are in addition to the basic fee for basic services and to the compensation for
additional services. Reimbursable expenses stall be billed at cost. Reimbursable expenses shall
include the following harm
Expenses of reproductions including CADD plotting, printing, phcocopyirg, color copies,
postage,ovemight
B. Special rendered exhibits and
fiberboardor reports
C. Outside Consultant fees,when authorized by the client
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32400 PASEO ADELANTO v /� ® ® A MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO,CA 92675 !i L�1
(949)4931171 a,{ SM7nLLEVATO
(949)4931053 FAX , Jy 1101"2110 LAURA FREESE
IlllltISO( I 1161 THOMAS W.HRIBAR
www.sanjuancapistrano.org 1776
• MARK NIELSEN
• DR.LONDRES USO
TRANSMITTAL
TO:
Ridge Landscape Architects
Attn: Jim Ridge, ASLA
8841 Research Drive, Suite 200
Irvine, CA 92618
DATE: June 15, 2009
FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310
RE: Personal Services Agreement— San Juan Creek Road Widening
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance and E-verify.
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, please call me at
(949) 443-6310.
If you have questions concerning this amendment, please contact Khoon Tan, Associate
Engineer at (949) 443-6353.
An original agreement is enclosed for your records.
Cc: Khoon Tan, Associate Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
Pnnted on 100 b recyde paper
• • 5/19/2009
AGENDA REPORT G3a
TO: Dave Adams, City Manager
FROM: Nasser Abbaszadeh, Public Works Director
SUBJECT: Consideration of Approval of Personal Services Agreement to Prepare Plans,
Specification, and Cost Estimates (PS&E) for the San Juan Creek Road
Widening Project from Valle Road to Camino Capistrano (VA Consulting and
Ridge Landscape Architects) (CIP No. 406)
RECOMMENDATION
By motion,
1. Approve Personal Services Agreements with VA Consulting (prime consultant) for
$359,041 and Ridge Landscape (landscape consultant) for $10,500 respectively to
prepare Plans, Specifications, and Cost Estimates forthe San Juan Creek Road Widening
Project from Valle Road to Camino Capistrano; and,
2. Adopt a Resolution to support Option "C" as the ultimate widening concept and Option"A"
as the initial phase for this project.
SITUATION
A. Summary and Recommendation
At the February 17, 2009 meeting, City Council directed Staff to approach CalTrans to
consider support for lesser alternatives (Options "E" or "F") for the project. CalTrans have
responded to the request indicating that they would not support the lesser alternatives. Staff
is recommending that the project proceed into design based on Option "A"as the initial phase
and Option "C" as the ultimate widening concept for the project.
Staff has solicited proposals to prepare Plans, Specifications, and Cost Estimates for the
widening of San Juan Creek Road between Valle Road and Camino Capistrano at the
existing 1-5 undercrossing and is recommending City Council approve Personal Services
Agreements to VA Consulting and Ridge Landscape in the amounts of$359,041 and $10,500
respectively for this work.
Agenda Report May 19, 2009
Page 2
B. Background
At the September 16, 2003 meeting, City Council adopted the Traffic Congestion Relief
Capital Improvement Program (TCRP)from the Traffic Congestion Relief Ad- Hoc committee
that comprised of City Council members and Executive Staff. The TCRP identifies a wide
range of circulation improvements throughout the City and includes the widening of San Juan
Creek Road between Valle Road and Camino Capistrano at the existing 1-5 undercrossing.
This project is ranked #31 out of the 61 Capital Improvement Projects in the TCRP.
At the October 18, 2005 meeting, City Council approved a Personal Services Agreement for
$51,297 to PBS&J to prepare a Preliminary Study for the widening of San Juan Creek Road
from Valle Road to Camino Capistrano. The Feasibility Draft Study Report prepared by
PBS&J was presented to the Transportation Commission on May 10, 2006, and to the
Planning Commission on October 10, 2006, for review. Transportation Commission
forwarded a recommendation of Option "E"to Planning Commission with revisions to include
improvements to Valle Road similar to those proposed for Valle Road in Option "C; and that
the sidewalks on the north side of San Juan Creek Road shall be as wide as possible to
increase the safety of bicyclists and pedestrians (this recommendation is later referred to as
Option "F" for convenience). Planning Commission then forwarded a recommendation of
approval to City Council regarding Option "C"of the Feasibility Study Draft Study Report,with
the condition that the project be returned to the Design Review Committee (DRC) and
Planning Commission for review.
At the December 5, 2006 meeting, City Council reviewed the Feasibility Study Draft Study
Report and directed Staff to bring this item back as an administrative item with more detailed
information concerning the various alternatives; also diagrams and explanation for Option"F
as envisioned by the Transportation Commission. At the February 20, 2007 meeting, City
Council approved Option "C" as the ultimate widening concept for the 1-5 Undercrossing on
San Juan Creek Road, from Valle Road to Camino Capistrano, and Option "A" approved as
the initial phase of the project.
City Staff has met with Caltrans Staff to discuss the appropriate programming document
needed and to establish the level of benefit of the proposed project. Caltrans have
determined that the encroachment permit process is appropriate for the project. Thereby
there is no need for a City sponsored Project Study Report(PSR) or a Project Report(PR) to
approve design features. The PSR/PR process would have added to the overall cost of the
project.
Five requests for proposals were sent out on this project to the following companies: RBF
Consulting, Tetra Tech, Inc., Adams-Streeter Civil Engineers, PBS&J, and VA Consulting. Of
the proposals sent, two were received from PBS&J and VA Consulting in the sum of$470,930
and $359,041 respectively. Current workload was cited as the reason for Adams-Streeter not
submitting a proposal.
Agenda Report May 19, 2009
Page 3
Proposals to provide Landscape Architectural Services for this project were solicited from
Robert Clark Graves, Inc. and Ridge Landscape Architects. Robert Clark Graves fee proposal
range between $12,000 and $17,500 citing a more definitive fee schedule to be established
following the Project Orientation phase whereas Ridge Landscape Architects fee proposal is
in the amount of $10,500.
The Resolution of Support is attached for consideration, if the City Council endorses options
C and A, as a support document for regional funds and/or federal appropriations as funding
applications require a City Council resolve in support of the project.
Project Timeline
The project design and environment clearance will take about 18 months to complete. Late in
2010 the City will begin right-of-way acquisition and if necessary, funds are in place. The
construction phase may start in fall 2011.
FINANCIAL CONSIDERATIONS
The project is not fully funded at this time; however, previously approved funds for the pre-
design / study phase of this project may be applied towards the design phase since a City
sponsored PSR or PR to approve design features and alternatives was not required by
Caltrans. As of April 22, 2009, funds of approximately$342,256.55 is available in account No.
50-83399-XXXXX-07117-000 for this project. The proposed FY 2009/2010 Capital
Improvement Program (CIP) budget includes an additional $183,000 for design and
environmental, with subsequent proposed funding of$5,566,000 through FY 2011-2012 for
construction. Staff has worked with the City's grant writers and requested $4,794,400.00 in
federal funds for this project.
NOTIFICATION
VA Consulting
PBSU
Plant Depot
Kristina Kittle
Advance Group
Capistrano Valley Golf
Jack E. Mannix
San Juan Hills Green Masters
Roberto Brutocao, Suncoast
Richard Gardner
Richard Hill Adams (Forster Ranch Homeowners)
David Solt
City of Dana Point
Agenda Report May 19, 2009
Page 4
RECOMMENDATION
By motion,
1. Approve Personal Services Agreements with VA Consulting (prime consultant) for
$359,041 and Ridge Landscape (landscape consultant) for $10,500 respectively to
prepare Plans, Specifications, and Cost Estimates forthe San Juan Creek Road Widening
Project from Valle Road to Camino Capistrano; and,
2. Adopt a Resolution to support Option "C"as the ultimate widening concept and Option "A"
as the initial phase for this project.
Respectfully submitted: Prepared by:
Nasser Abbaszadeh, P.E. Khoon Tan, P.E.
Public Works Director Associate Engineer
Attachment(s): 1. Location Map
2. Options "A", "B", "C", "D", "E", and "F"
3. Personal Services Agreements (VA Consulting & Ridge
Landscape)
4. Resolution No. 09-05-19-XX
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RESOLUTION NO. 09-05-19-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, IN SUPPORT OF IMPROVEMENTS FOR
THE SAN JUAN CREEK ROAD WIDENING PROJECT (CIP 406)
WHEREAS, a feasibility report was prepared to study different options for
San Juan Creek Widening project; and
WHEREAS, CalTrans has reviewed the options and supports Options "C"
and "A"; and
WHEREAS, a Resolution of Support is required for regional funding
applications and federal appropriations.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby declare support for the San Juan Creek Road
Widening Project based on Option "C" as the ultimate widening concept and Option "A"
as the initial phase for the project.
PASSED, APPROVED, AND ADOPTED this 19th day of May 2009.
MARK NIELSEN, MAYOR
ATTEST:
MARGARET R. MONAHAN, CITY CLERK
ATTACHMENT 4
32400 PASE0 ADELANTO iii., MEMBERS OF THE CITY COUNCIL
BAN JUAN C'-APISTRANO,CA 92.675 t � SAMALLEVATO
(949)4931171 1414"010 LA R7AFREEW
(949)493.1053 FAx * ct»iutiRtr 1861 TRD6MB W.RRIBAR
Ngvrrtstrl:fteYYgtrafJfStran[i.ot 1776 MARK MELSE14
• DR LONORFS USO
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, May 19, 2009
in the City Council Chamber in City Hall, to consider: "Consideration of Approval of
Personal Services Agreement to Prepare Plans, Specification, and Cost Estimates
(PS&E) for the San Juan Creek Road Widening Project from Valle Road to Camino
Capsitrano (VA Consutling and Ridge Landscape Architects)(CIP No. 406)" — Item
No. G3a.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m.
on Monday, May 18, 2009 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the staff
table, just in front of the Council dais. You will be called to speak by the Mayor when the
item is considered.
You have received this notice at the request of the City staff member Khoon Tan, P.E.,
Associate Engineer. You may contact that staff member at (949) 443-6353 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
citvclerk sanivancapistrano.org.
Meg Monahan, MMC
City Clerk
cc: VA Consulting; PBS&J; Plant Depot; Kristina Kittle; Advance Group; Capistrano Valley Golf; Jack E.
Mannix; San Juan Hills Green Masters; Roberto Brutocao, Suncoast; Richard Gardner; Richard Hill Adams
(Forster Ranch Homeowners); David Solt; City of Dana Point
San Juan Capistrano: Preserving the Pow to Enhearcee the Timew
Today's Date: Transmittal Routing
(Check All That Apply)
❑ City Attorney
F-1 City Manager
City Clerk
CONTRACT TRANSMITTAL
CIP No. (if any): LOP
Project Manager's Last NamelA 1 Phone Extension: U; 5
Council ;CRA Meeting Date (if applicable): S?/
APPROVING AUTHORITY: (Check One)
W Mayor
El CRA Chair
El City Manager
Provide (1) executed original contract for each signing party, including the City. If the agreement is to be
recorded —only (1) original will be recorded with certified copies going to other parties.
Please provide the mailing address of any party to receive an agreement — unless the mailing address is
included within the body of the agreement: (Not necessary if information is included in the contract)
Name(s) Street City St Zip
OTHER INSTRUCTIONS:
P
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