09-0519_VA CONSULTING, INC._Personal Services Agreement r 1 • •
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 VA Inc. Consulting (hereinafter referred to as the "Consultant').
RECITALS:
WHEREAS, City desires to retain the services of Consultant to prepare Plans,
Specification, and Cost Estimates 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 Three
Hundred Fifty Nine Thousand and Forty One Dollars ($359,041) 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 8. 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.gov, 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
specified below with insurers and under forms 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 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. If a Commercial 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.
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 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.
Priorto beginning anywork underthis Agreement, Consultant shall submitthe
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 Cancel lation/TermMation of Insurance.
The above policy/policies shall notterminate, norshall 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 may be designated by written notice. These addresses shall be
used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Khoon Tan, P.E.
To Consultant: VA Consulting
17801 Cartwright Road
Irvine, CA 92614
Attn: Mohammad R. Heiat, P.E.
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
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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:
MarWlsen,Aayor
VACONSULTING, INC.
By: v
ax P. hid, President and CEO
AtTE
WV J
Marg onahan, i Jerk
APPROVED AS TO FORM:
Usti a ct
Omar Sanddval, City Attorney
7
EXHIBIT "A"
COST PROPOSAL
City of San Juan Capistrano
Professional Consultant Services for the Preparation of
.Plans,Specifications and Cost Estimates for the
CONSULTING ULTING September 9,2008 SAN JUAN CREEK ROAD WIDENING PROJECT(CIP No.406y.
EXHIBIT B - FEE SCHEDULE
Based on the estimated hours for the various tasks as detailed on the Fees and Expenses Estimates on
the next page and VA's/ N&M's Schedules of Hourly Rates provided in Exhibit C, the proposed "not-to-
exceed'fees and expenses for this Project are:
VA Corisultlng $215,397 $2,000 IN ; 7 $10,000
T .
Ninyo&Moore $39,000y�gG
TOTAL FEES $257,397 . $2,000 X $10,000
- )Lw. tkQT.posaap-JOOST.Nio .J.Capisher Mm Ji nCree Awd WdWngNRORCos o
CITY OF SAN JUAN CAPISTRANO
SAN JUAN CREEK ROAD WIDENING PROJE¢T(CIP NO.406)
ESTIMATED FEES&EXPENSES
1 PRELIMINARY ENGINEERING-AND SURVEY
1 Research and Data Collection 3 8 8 12 29 $3.939
2 Surve Ing n bervlces 1 8 8 8 - 32 57 $9,789
3 Existing Condition Base Map B 8 12 18 42 $4,860
4 Geotechnical Investigation(N8M 7 4 6 4 14 $1,792 $38,000
5 Utility Coordination Services 2 8 16 20 4 50 $6,354
B PreliminaryLayout Plan 3 2 8 24 18 16 16 - 84 $10,302
7 Pro.Management,City and Caltrans Coord.moorings 10 40 30 80 $12,090
8 Additional Public Meetings - 10 30 1 40 $6,530
II FINAL DESIGN
1 Street Improvement Plans 7 8 24 32 48 48 40 200 $24,520
2 Retaining Wall Plans 8 2 6 32 40 60 60 200 $22;630
3 Signing and Striping Plan 1 1 4 12 12 29 $3.661
4 Traffic Signal Modification Plans 2 2 24 30 30 86 $11.358
5 T(affic Comma Plans 4 2 10 1 24 24 60 $7.682
6 Cost Estimates 1 2 4, 8 1 20 34 $4,382
7 St=Wfal Calculations 1 4 8 321 44 $5,600
'8 Pmjectspecifications and Bid Documents 1 2 20 16 121 6 56 .$7,536
9 NOI and SWPPP , - 1 - 2 6 74 36 4 62 $7,822 -
10Caltrans Encroachment Permit 4 20 12 8 - 44 $6412
11 Submittals and Processing 8 18 .is 40 $5,284
��'�. - �� & ���, �� �� �1� Vii' a35� •
$276t. $JOJ000
Reimfsalsa'bIA
i
' X"IYM1NNO'✓'�a'PJ���Jw CKM,sioWnJiunGwF Retl VNN,p'C.�6YA ¢gRiy
OPTIONAL ITEMS
CitySan Juan Capistrano
Professional Consultant Servicess for the Preparation_gf
� Plans,Specifications and Cost Estimates for the
Co,SVLTIN.. No4ember25.2006 SAN JUAN CREEK ROAD WIDENING PROJECT(CILP No.406) -
SECTION II - PROPOSED QPTIOIVAL ITEMS FEES
PHASE 1 —PRELIMINARY ENGINEERING
A.1 Right-of-Way Erigineering.............................:
..........................................................$10,312
A.2 Traffic Operational Analysis-.............:.............:.......................................................$15;132
A.3 Traffic Management Plan......................................................................................... 11 202
SubtotalPhase I Fees::.........:..............................................................................................$361646
PHASE.11-ENVIRONMENTAL DETERMINATION
AA CEQA Compliance(VA Coordination Portion}..........:.............:................................$3,772"
PHASE III-FINAL DESIGN
A.5 Drainage and Storm Water Data Report................:.................................................$13,596
A.6 Bridge Lighting.........::...............................................................................................$25,334
A.7 Additional CaNfanS ElIcroaahment Permit Coordihddon.......................................; 9`696
I ,
Subtotal-Phase III Fees.......:........::.......... y16,620
..................
reimbursable Expenses.:.......: $ 600
Title Repoft Expenses.............
TOTAL.OPTIONAL ITEMS FEES ........: $69,644
'•Thisproposed'fee Is for VA's,management and cowiInation a0WA6&W1h:the selected sup-oonsul(ant.
plea$e refor fo Attachments Af and A2 for the aetual siuh-rdtsoltant1be fbr the pieparstian 3f
.' . .. envipmmental documents.
wyq�P,osos•�wzmstr�m�s�, i.eaq�,n �a�craakrso.a.wum+roSsa?iyr9?ttdsudnan++rroeor-rodiMauaac� page$. .
CITY OF SAN JUAN.CAPISTRANO
SAN JUAN CREEK ROAD WIDENING PROJECT(CIP 14OA06)
OPTIONAL TASKS ESTIMATED FEES&EXPENSES
,...r- ;e•.,,c - ._.. ...< -'rs oda ".lira his_. Ars " ` hts _.,_,:hs 7- 24—
IPRELMNARYENGOVEERINGANDSURVEY At Right-of-Way Engineering - - 3 a yz — 20 as $10,312A2 Tra ioOPefati00al Analysis1 230 --- 32 46 -- --110 $14,432 '$7
00
A3 Traffic Managemart Plan 1 - 2 22 24 - 24 72 '$9;602 $1,600
PERM
11 ENVIRONMENTAL DETERMINATION .9 $0
.A4 CEOA Com rianae 's Coordination O 1 4 - a a 4 4 28 $3.772
wpm m-MM
111 FINAL DESIGN - ._. . -... ._::. ..:,>.. c.
A5 Drainage 8$tern WaterData.Report2 4' 1a 2a 2a 24 '18 108 $13,596 _
A6 Brid a Lighting a __ a. a __ -- a 20 $2,440 _ M894A7 Additional Caltrans.Encroachment Permit Coordination 8. 20 to 44 $6,696
>.. ". 24 132 .... -- 66 - 80 122 -. 40 8 01 462 -
FEES $4,152 $21,120 $7,392 .$9,160 $14,274 $3,600 $552 $0 $60,850 $25,194
.x,h-•,:<;: _- • .,,.: r).:,,. ...:, ,73 <..,_.'$Yeo -1132'-' ST2Z� '. 7:51717:- . .,.$9g:-.:. $89 - $305' .. .
Reimbursable Expanses - $600 •
Title Report 3, $3,000
Subeonsutant Fees - $25,194
TOTAL FEES $89,644
-XN1WwYnY'P,^P^.Wwf'LWVL4b,B,n Jup Cqbl.W,yyAw,GYawCtAM�r�Lr1EA1B1efeml Ca,LW
RESOLUTION NO. 09-05-19-03
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.
� n
MARmARk NIELSEN, MA OR
ATTEST , n '
MARRGA MONA A , CI Y CL K
1 5-19-2009
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 09-05-19-03 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 19" day
of May 2009, by the following vote:
AYES: OUNCIL MEMBERS: Allevato, Hribar, Freese, and Mayor pro tem Uso
NOES: I ( OUNCIL MEMBER: Mayor Nielsen
ABSEN OUNCI4 MEMBER: None
i
MA MONA A , Cily Cler
2 5-19-2009
32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO,CA 92675 i IL(ZJ Lql
LEVATO
(949)4931171 /,{�L LAURA FREES
(949)4931053 FAX • !' IAFAAIOIAIFI DURA FREESE
F1I011SAE1 1961 THOMAS W.HRIBAR
www.sanjuancapistrano.org 1776
MARK NIELSEN
• • DR LONDRES USO
TRANSMITTAL
TO:
VA Consulting
Attn: Mohammad R. Heiat, P.E.
17801 Cartwright Road
Irvine, CA 92614
DATE: June 3, 2009
FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310
RE: Personal Services Agreement— San Juan Creek Road Widening Project
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 the agreement, please contact Khoon Tan, Associate
Engineer at (949) 443-6353.
An original agreement is enclosed for your records.
Cc: am AsocMte Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
�•j� Printetl on 10%mcycletl paper
0
5/19/2009
AGENDA REPORT G3a
TO: Dave Adams, City Manager Ilk
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. Backaround
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
THE CITY OF
� rSAN JUAN CAPISTRANO
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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: j
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MARGARET R. MONAHAN, CITY CLERK
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ATTACHMENT 4