05-0906_GEORGE G. BOGHOSSIAN /ASSOCIATES_Action ReminderCITY CLERK'S DEPARTMENT - ACTION REMINDER tirzST NcItICE-
�N A�socl�Tt L1�G.1N�t12 �zl �(-�cSl
�1i00h1 ,
TO:
FROM: Christy Swanson, Secretary DATE: December 1, 2007
SITUATION:
At their meeting of September 6, 2005, the City Council of the City of San Juan Capistrano
approved a Personal Services Agreement with George G. Boghossian & Associates, Inc. to
prepare plans and specifications for the Rehabilitation of Del Obispo_ Street and_Junipero
Serra Road.
ACTION REQUESTED:
Said Agreement states services shall be completed by July 31, 2006.
On July 6, 2006, agreement extended to December 31, 2006.
On December 5, 2006, said agreement extended to December 31, 2007
Please notify this office if agreement has been extended or completed.
ACTION TO BE TAKEN:
'Vo 4C7y.;).v 0',U t7.C7- 4CatS3:=+
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
141Q
SIGNATURE OF OFFICIAL TAKING ACTION
DATE SIGNED:
Tickler Date: 07/01/06
Deadline Date: 07/31/06
(600.30/boghossian)
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
12/01/06 12/01/07
12/31/06 12/31/07
n
U
• 'FiV251 �,UA
W4 /v(e
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Brian Perry, Senior Civil Engineer
FROM:, k� DATE: December 1, 2006
SITUATION:
At their meeting of September 6, 2005, the City Council of the City of San Juan Capistrano
approved a Personal Services Agreement with George G. Boghossian & Associates, Inc. to
prepare plans and specifications for the Rehabilitation of Del Obispo Street and Junipero
Serra Road.
ACTION REQUESTED:
Said Agreement states services shall be completed by July 31, 2006.
On July 6, 2006, agreement extended to December 31, 2006.
Please notify this office if agreement has been extended or completed.
ACTION TO BE TAKEN:
S-2: 31, 7
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 07/01/06 12/01/06
Deadline Date: 07/31/06 12131/06
(600.30/boghossian)
0
E
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Brian Perry, Senior CivikErtineer
FROM: Mitzi Ortiz, Deputy City Clerk DATE: July 3, 2006
SITUATION:
At their meeting of September 6, 2005, the City Council of the City of San Juan Capistrano
approved a Personal Services Agreement with George G. Boghossian & Associates, Inc. to
prepare plans and specifications for the Rehabilitation of Del Obispo Street and Junipero
Serra Road.
ACTION REQUESTED:
Said Agreement states services shall be completed by July 31, 2006.
Please notify this office if agreement has been extended or completed.
ACTION TO BE TAKEN:
*FOR CITY CLERK'S DEPARTMENT USE ONLY"'
Tickler Date: 07/01/06
Deadline Date: 07/31/06
(600.30/boghossian)
% 0 0
PERSONAL SERVICES AGREEMENT
r
THIS AGREEMENT is made and entered into this V15ay of
2005, by and between the City of San Juan Capistrano (hereinafter 4refrre&d-to as the
"City") and George G. Boghossian & Associates Inc (hereinafter referred to as
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to Prepare Plans and Specifications for the Rehabilitation of Del Obispo Street
and Junipero Serra Road ; 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 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 July 31, 2006.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
One Hundred and Forty Six Thousand Five Hundred Dollars ($ 146,500), as set forth in
Exhibit "B," attached and incorporated herein by reference.
c:\myriles\agree\personalsvcs.wpd 01/25/00
p:\City Manager\cmgr shared\personalsvcs.wpd
3.2 Rate Schedule.
The services shall be billed to the City at the hourly rate set forth in Exhibit
"C," attached and incorporated herein by reference. Included within the compensation are
all the Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City 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 City. The City 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 City 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 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.
c:\myEles\agree\personalsvcs.wpd 01/25/00
p:\City Manager\cmgr shared\personalsvcs.wpd 7 7
3 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 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 Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site, including the
location of all utilities, and is aware of all conditions there; and (3) 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 City, it shall immediately inform 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.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
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 City 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 City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and approval
c:\myfiles\agree\personalsves.wpd 01/25/00
p:\City Manager\cmgr shared\personalsvcs.wpd 1
3�7
of the City.
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.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials 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 damage to
property or interference with use of property and for errors and omissions committed by
Consultant arising out of or in connection with 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:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
c:\myriles\agree\personalsvcs.wpd 01/25/00
p:\City Manager\cmgr shared\pemonalsves.wpd �4,w7
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:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period
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 1185 (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 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.
14.6 Notice of Cancellation/Termination of Insurance.
The above policylpolicies 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.
c:\myfiles\agme\personalsvcs.wpd 01/25/00
p;\City Manager\cmgr shared\personalsvcs.wpd 7
5�
14.7 Terms of Compensation.
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
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City 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
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: Director of Engineering and Building
To Consultant: George G. Boghossian & Associates Inc.
1111 N Brand Blvd, Suite 202
Glendale, CA 91202-3071
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.
c:\myfiles\agme\personaisvcs.wpd 0125/00
p:\City Manager\cmgr shared\personalsvcs.wpd
6�
. • •
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
9
Wy;1KHart, Mayor
CONSULTANT
By
Geo Sian, President
ATTEST:
R. Monahan, City Clerk
AS TO FORM:
John R. Ihaw, City Attorney
c:\myf'tles\agree\personalsvcs.wpd 01/25/00
p:\City Manager\cmgr shared\personalsvcs.wpd T��7
0
0 0
EXHIBIT "A"
Proposed Work Plan and Time Schedule For
Completion Of Work
For
Street Rehabilitations (CIP NO. 127)
PS & E Preparation for Various Streets
Rehabilitation Project
In the City of San Juan Capistrano, CA.
Task No. 1. Field Inspection:
Conduct project site field inspections by Project Engineer, Designer, and Survey party
chief, to establish the required boundaries of the as -built survey, to ensure the proper
design and joint lines.
Task No. 2. Project Research:
Conduct research through the City of San Juan Capistrano and obtain all necessary
and available data and plans for the project design; Centerline ties, utility plans, nearest
B.M. descriptions, and available sub -structures.
Task No. 3. As -Built Field Survey:
Conduct a complete as -built survey of the proposed streets to be overlayed to the limits
necessary for a proper design and joins. The survey shall include all the existing culture
at both sides of the street, exact locations of the street lights, traffic signals and pull
boxes all including and beyond the Street R.O.W. line.
Task No. 4. Mapping Base Sheets:
Prepare as -built base sheets (computer drafting - Autocad 2005). Base sheets shall
include location of existing p.c.c curb and gutter, curb returns and all items in detail,
gathered per Task No. "3" above together with datum elevations.
Task No. 5. Pavement Evaluation:
• A complete pavement evaluation and recommendations of the project will be
conducted in accordance with the detailed list of services. See proposal
"Pavement Evaluation" prepared by La Belle.- Marvin -Consultant.
• EXHIBIT "A" •
Task No. 6. Design:
Prepare Construction Plans per "La Belle. Marvin" Pavement Improvement
Recommendations to the limits indicated per R.F.P. Provide, plan and profile of the
existing and proposed centerline grade and edge of paving at both sides of the street.
Resolve and finalize all conflicting existing items to remain or to be re -located by the
City or by others.
Provide a separate striping plan of the project. Prepare General, Special and
Technical Specifications of the project, including Engineer's cost estimate of the
project.
A. Conduct meetings with the City staff to review the design and progress of the
project to the satisfaction of the City Engineer.
B. Provide a separate striping and signing plans in order to replace the striping after the
street construction is completed.
C. Conduct and coordinate our design work with any, new projects currently in design
for street widening by others.
Task No. 7:
Finalize project design plans incorporating all comments made by the City staff. Submit
final PS & E drawings including electronic files to the City Engineer.
• EXHIBIT "B" •
FEE SCHEDULE
FOR
STREET REHABILITATIONS (CIP NO. 127)
(PS & E PREPARATION FOR VARIOUS STREET REHABILITATION
PROJECTS)
IN THE CITY OF SAN JUAN CAPISTRANO, CA.
PHASE 1 Construction Plans
The total Engineering fee for all services per itemized list of R.F.P.
specified under PS & E design work to be performed for the street
rehabilitation list of the project R.F.P. including pavement evaluation and
recommendations by La Belle & Marvin shall not exceed the sum of
$146,500.00 (One Hundred Forty -Six Thousand Five Hundred Dollars
and No/Cents).
OPTIONAL SERVICES:
Surveying:
For preservation of a monument with no centerline ties or record
prior to start of construction. The fee shall be $250.00 (Two
Hundred Fifty Dollars) per monument.
A. To reset spike and washers per existing and/or preserved tie notes.
The fee shall be $250.00 (Two Hundred Fifty Dollars) per
monument.
0 EXHIBIT `°C" •
GEORGE G. BOGHOSSIAN & ASSOC., INC.
SCHEDULE OF HOURLY RATES
Effective JUNE 2005
CLASSIFICATION FEE RATE / HR.
ENGINEERING:
$110.00
Senior Consultant
$135.00
Principal Engineer
$125.00
Project Director
$120.00
Supervising Engineer
$115.00
Senior Project Engineer
$110.00
Project Manager
$105.00
Associate Engineer
$100.00
Senior Design Engineer
$ 95.00
Design Engineer
$ 90.00
Senior Public Works Inspector
$ 85.00
Senior Cad Draftsman
$ 80.00
Cad Draftsman
$ 70.00
SURVEYING:
Supervisor- Mapping Services
$110.00
Senior Survey Analyst
$ 90.00
Senior Calculator
$ 80.00
Supervisor - Survey
$ 95.00
Survey Party Chief
$ 90.00
Two - Man Field Party
$150.00
Three - Man Field Party
$195.00
The above schedule is for straight time. Overtime will be charged at 1.25 times
the standard hourly rates. Sundays and holidays will be charged at 1.70 times
the standard hourly rates.
it
9
32400 PASEO AOELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
WNI11Csa17)7/ai7CaPlstl'aila. org
A
September 7, 2005
d�'rd�an
IA(AAIAAAIEA
�Ausem 1961
1776 '
George G. Boghossian & Associates Inc.
111 N. Brand Blvd, Ste 202
Glendale, CA 91202-3071
Dear Sir or Madam:
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
A Personal Services Agreement related to preparing plans and specifications for the
rehabilitation of Del Obispo Street and Junipero Serra Road was approved by the City
Council on September 6, 2005. It is in the process of being executed. It will be issued
upon receipt of required documentation related to contract terms under Section 14.
Insurance.
Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK --
followed by original signed documents. I have enclosed a copy of the agreement terms
for your reference in supplying this documentation.
If you have questions specific to the contact, please contact the project manager, Brian
Perry, Senior Civil Engineer (949) 443-6353. Please call Mitzi Ortiz, Deputy City Clerk
(949) 443-6310 if you have questions regarding the forms of insurance needed.
Thank you,
MegM aha , CMC
City erk
cc:
Brian Perry, Senior Civil Engineer
Nasser Abbaszadeh, Engineering & Building Director
San ,Tuan Capistrano: Preserving the Past to Enhance the Future
0
of the City.
Section 12. Ownership of Documents.
E
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuantto 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.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials 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 damage to
property or interference with use of property and for errors and omissions committed by
Consultant arising out of or in connection with 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:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
c\myHles\agree\personalsvcs.wpd 0125/00
pACity Manager\cmgr shared\personalsvcs.wpd 7q,�7
0 0
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:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period
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 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.
14.6 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.
c:\myfiles\agree\personalsvcs.wpd 0125/00
p:1City Manager\cmgr shared\personalsvcs.wpd X75 J7
14.7 Terms of Compensation.
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
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City 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
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: Director of Engineering and Building
To Consultant: George G. Boghossian & Associates Inc.
1111 N Brand Blvd, Suite 202
Glendale, CA 91202-3071
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.
cAmyHles\agree\persona)svcs.wpd 0125/00
pACiry Manager\cmgr shared\personalsvcs.wpd ��6�„
r
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 EAx
www.sanjuancapistrano.org
September 14, 2005
Jtw* M
j� IA[OA10AAiF0
•
(SIAI USK a 1961
1776
George G. Boghossian & Associates Inc.
111 North Brand Boulevard, Suite 202
Glendale, CA 91202-3071
Dear Sir or Madam:
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATr HART
JOE SOTO
DAVID M. SWERDLIN
A fully executed, original Personal Services Agreement related to preparing plans and
specification for the rehabilitation of Del Obispo Street and Junipero Serra Road is
enclosed for your records.
Thank you for forwarding documentation confirming current compliance with the terms
of insurance under your agreement with the city. Please keep in mind that should this
documentation lapse, all work under this agreement must stop and all payments will be
withheld until we receive proper evidence of insurance.
After receiving a Notice to Proceed, you may begin work on the project in coordination
with the project manager, Brian Perry, Senior Civil Engineer (949) 443-6353.
Thank you,
mitt, Orta
Deputy City Clerk
cc: Brian Perry, Senior Civil Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
n
�.� Printed on recvcled oaoer
• 9/6/2005
D7
AGENDA REPORT
TO: Dave Adams, City Manager Qk-
FROM: Nasser Abbaszadeh, Engineering & Building Director
SUBJECT: Consideration of Personal Services Agreement for the Preparation of
Plans and Specifications for the Rehabilitation of Del Obispo Street and
Junipero Serra Road (George G. Boghossian & Associates Inc.) (CIP No.
127)
RECOMMENDATION:
By motion, approve a Personal Services Agreement with George G. Boghossian &
Associates Inc. for the preparation of plans and specifications for the rehabilitation of
Del Obispo Street and Junipero Serra Road in the amount of $146,500.
SITUATION:
Summary and Recommendation:
City staff has solicited proposals to prepare plans and specifications for the
rehabilitation of Del Obispo Street and Junipero Serra Road.
Staff is recommending approval of a Personal Services Agreement with George G.
Boghossian & Associates Inc. for this work in the amount of $146,500.
Back -ground:
At the February 1, 2005 City Council meeting, the Council approved submittal of the
following street rehabilitation projects for grant funding under the Arterial Highway
Rehabilitation Funding Program (AHRP). This application was successful and the AHRP
program will provide $1,152,297 for 50% of construction funding with the City providing
the other 50%, for a total of $2,304,594.
Construction will take place in two phases, summer 2006 and summer 2007.
1. Summer 2006 Construction
i. Del Obispo Street Rehabilitation, Aguacate Road to 1,000 feet north of Blue
Fin Drive for a total of $1,176,126.
Agenda Report
Page 2
2. Summer 2007 Construction
September 6, 2005
i. Del Obispo Street Rehabilitation, Ortega Highway to Camino Capistrano for a
total of $592,060.
ii. Del Obispo Street Rehabilitation, Alipaz Street to Aguacate Road for a total of
$334,436.
iii. Junipero Serra Road Rehabilitation, Camino Capistrano to 1-5 Southbound
Ramps for a total of $201,972.
These three projects total $1,128,468.
Three proposals were received as follows:
1. Psomas for a fee of $164,166. Psomas includes LaBelle Marvin as a sub -
consultant to complete the geotechnical and pavement analysis work anticipated
in the initial study.
2. George G. Boghossian & Associates Inc. for a fee of $146,500. Boghossian also
includes LaBelle Marvin as a sub -consultant to complete the geotechnical and
pavement analysis work anticipated in the initial study.
3. Hall & Foreman Inc for a fee of $78,135 with additional geotechnical work to be
performed by Ninyo & Moore. This was a competent proposal which would be
appropriate for non AHRP funded projects, but which staff believes is insufficient
for AH RIP funded projects.
Staff is recommending that design work start now to meet the funding deadlines.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
Funding of $150,000 is provided in account No. 12-63500-4710-127 for FY 2005-2006
In the Capital Improvement Program. Construction funding is budgeted separately.
NOTIFICATION:
The following parties received notification of this Council agenda item:
George G. Boghossian "
Agenda Report included
0
Agenda Report
Page 3
RECOMMENDATION:
September 6, 2005
By motion, approve a Personal Services Agreement with George G. Boghossian &
Associates Inc. for the preparation of plans and specifications for the rehabilitation of
Del Obispo Street and Junipero Serra Road in the amount of $146,500.
Respectfully submitted, Prepared by:
I
Nasser Abbaszadeh, P.E. Brian Perry, P.E.
Engineering & Building Director Project Manager
Attachment(s): 1. Location Map Arterial Highway Rehabilitation Projects 2006
2. Location Map Arterial Highway Rehabilitation Projects 2007
3. Personal Service Agreement
0 3000 6000 9000 Feel
ATTACHMENT 1
THE CITY OF
SAN JUAN CAPISTRANO
[Q
ARTERIAL HIGHWAY
REHABILITATION PROJECTS
2006
,
jb f N
4
DEL ON
DEL OBISPO STREET
AGUACATE ROAD TO
BLUE FIN DRIVE
0 3000 6000 9000 Feel
ATTACHMENT 1
THE CITY OF
SAN JUAN CAPISTRANO
N
tY
ARTERIAL HIGHWAY
REHABILITATION PROJECTS
2007
Ya
JUNIPERO SERRA ROAD
CAMINO CAPISTRANO TO
xr
I-5 SOUTHBOUND
DEL OBISPO STREET
ORTEGA HIGHWAY TO
CAMINO CAPISTRANO
DEL OBISPO STREET
ALIPAZ STREET TO
AGUACATE ROAD
0 3000 6000 9000 Feet
ATTACHMENT 2
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of ,
2005, by and between the City of San Juan Capistrano (hereinafter referred to as the
"City") and George G. Boghossian & Associates Inc_(hereinafter referred to as
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to Prepare Plans and Specifications for the Rehabilitation of Del Obispo Street
and Junipero Serra Road ; 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 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 July 31, 2006.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
One Hundred and Forty Six Thousand Five Hundred Dollars ($ 146,500), as set forth in
Exhibit "B," attached and incorporated herein by reference.
c\myfiles\agree\personalsvcs.wpd 01/25/00
p:\City Manager\cmgr shared\personalsvcs.wpd 1
ATTACHMENT
3.2 Rate Schedule.
The services shall be billed to the City at the hourly rate set forth in Exhibit
"C," attached and incorporated herein by reference. Included within the compensation are
all the Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City 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 City. The City 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 City 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 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.
cAmyfiles\agree\personalsvcs.wpd 01/25/00
p.\City Manager\cmgr shared\personalsvcs.wpd -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 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 Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site, including the
location of all utilities, and is aware of all conditions there; and (3) 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 City, it shall immediately inform 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.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
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 City 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 City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and approval
c:\myfiles\agrec\pemonalsvcs.wpd 01/25/00
p:\City Manager\cmgr shared\personalsvcs.wpd -3-
0 0
of the City.
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.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials 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 damage to
property or interference with use of property and for errors and omissions committed by
Consultant arising out of or in connection with 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:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
c:\tnyfiles\agree\personalsvcs.wpd 01/25/00
pACity Manager\cmgr shared\personalsvcs.wpd �4�
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:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period
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 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.
14.6 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.
c:\myfiles\agree\personalsvcs.wpd 01/25/00
p:\Ciry Manager\cmgr shared\personalsvcs.wpd —5—
14.7 Terms of Compensation.
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
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City 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
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: Director of Engineering and Building
To Consultant: George G. Boghossian & Associates Inc.
1111 N Brand Blvd, Suite 202
Glendale, CA 91202-3071
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.
cimyfiles\agree\pemonalsvcs.wpd 0125/00
p9City Manager\cmgr shared\personalsvcs.wpd -6-
0 41
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
22
Wyatt Hart, Mayor
CONSULTANT
By:
George G. Boghossian, President
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. Shaw, City Attorney
cAmyfiles\agree\personalsvcs.wpd 0125/00
p9City Manager\cmgr shared\personalsvcs.wpd �7�
0 0
EXHIBIT "A"
Proposed Work Plan and Time Schedule For
Completion Of Work
For
Street Rehabilitations (CIP NO. 1271
PS & E Preparation for Various Streets
Rehabilitation Project
In the City of San Juan Capistrano, CA.
Task No. 1. Field Inspection:
Conduct project site field inspections by Project Engineer, Designer, and Survey party
chief, to establish the required boundaries of the as -built survey, to ensure the proper
design and joint lines.
Task No. 2. Proiect Research:
Conduct research through the City of San Juan Capistrano and obtain all necessary
and available data and plans for the project design; Centerline ties, utility plans, nearest
B.M. descriptions, and available sub -structures.
Task No. 3. As -Built Field Survey:
Conduct a complete as -built survey of the proposed streets to be overlayed to the limits
necessary for a proper design and joins. The survey shall include all the existing culture
at both sides of the street, exact locations of the street lights, traffic signals and pull
boxes all including and beyond the Street R.O.W. line..
Task No. 4. Mapping Base Sheets:
Prepare as -built base sheets (computer drafting - Autocad 2005). Base sheets shall
include location of existing p.c.c curb and gutter, curb returns and all items in detail
gathered per Task No. "3" above together with datum elevations.
Task No. 5. Pavement Evaluation:
A complete pavement evaluation and recommendations of the project will be
conducted in accordance with the detailed list of services. See proposal
"Pavement Evaluation" prepared by La Belle.- Marvin -Consultant.
EXHIBIT "A"
Task No. 6. Design:
Prepare Construction Plans per "La Belle. Marvin" Pavement Improvement
Recommendations to the limits indicated per R.F.P. Provide, plan and profile of the
existing and proposed centerline grade and edge of paving at both sides of the street.
Resolve and finalize all conflicting existing items to remain or to be re -located by the
City or by others.
Provide a separate striping plan of the project. Prepare General, Special and
Technical Specifications of the project, including Engineer's cost estimate of the
project.
A. Conduct meetings with the City staff to review the design and progress of the
project to the satisfaction of the City Engineer.
B. Provide a separate striping and signing plans in order to replace the striping after the
street construction is completed.
C. Conduct and coordinate our design work with any, new projects currently in design
for street widening by others.
Task No. 7:
Finalize project design plans incorporating all comments made by the City staff. Submit
final PS & E drawings including electronic files to the City Engineer.
EXHIBIT "B" •
FEE SCHEDULE
FOR
STREET REHABILITATIONS (CIP NO. 127)
(PS & E PREPARATION FOR VARIOUS STREET REHABILITATION
PROJECTS)
IN THE CITY OF SAN JUAN CAPISTRANO, CA.
PHASE 1 Construction Plans
The total Engineering fee for all services per itemized list of R.F.P.
specified under PS & E design work to be performed for the street
rehabilitation list of the project R.F.P. including pavement evaluation and
recommendations by La Belle & Marvin shall not exceed the sum of
$146,500.00 (One Hundred Forty -Six Thousand Five Hundred Dollars
and No/Cents).
OPTIONAL SERVICES:
Surveying:
For preservation of a monument with no centerline ties or record
prior to start of construction. The fee shall be $250.00 (Two
Hundred Fifty Dollars) per monument.
A. To reset spike and washers per existing and/or preserved tie notes.
The fee shall be $250.00 (Two Hundred Fifty Dollars) per
monument.
EXHIBIT "C" •
GEORGE G. BOGHOSSIAN & ASSOC., INC.
SCHEDULE OF HOURLY RATES
Effective JUNE 2005
CLASSIFICATION FEE RATE / HR.
ENGINEERING:
Senior Consultant
$135.00
Principal Engineer
$125.00
Project Director
$120.00
Supervising Engineer
$115.00
Senior Project Engineer
$110.00
Project Manager
$105.00
Associate Engineer
$100.00
Senior Design Engineer
$ 95.00
Design Engineer
$ 90.00
Senior Public Works Inspector
$ 85.00
Senior Cad Draftsman
$ 80.00
Cad Draftsman
$ 70.00
SURVEYING:
Supervisor - Mapping Services
$110.00
Senior Survey Analyst
$ 90.00
Senior Calculator
$ 80.00
Supervisor - Survey
$ 95.00
Survey Party Chief
$ 90.00
Two - Man Field Party
$150.00
Three - Man Field Party
$195.00
The above schedule is for straight time. Overtime will be charged at 1.25 times
the standard hourly rates. Sundays and holidays will be charged at 1.70 times
the standard hourly rates.
E
32400 PASEO ADEI ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www san)uancapis(rano. or,g
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID SWERDLIN
The City Council of San Juan Capistrano will meet at 7:00 p.m. on September 6, 2005
in the City Council Chamber in City Hall, to consider: "Consideration of Personal
services Agreement for the Preparation of Plans and Specifications for the
Rehabilitation of Del Obispo Street and Junipero Serra Road (George G.
Boghossian & Associates, Inc.) (CIP No. 127)" — Item No. D7.
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 12:00
p.m. on Tuesday, September 6, 2005 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 Brian Perry,
Senior Civil 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:
council-agendas(a)sanivancapistrano.org.
Meg Monahan, CMC
City Clerk
cc: George G. Boghossian*; Nasser Abbaszadeh, Engineering & Building Director;
Brian Perry, Senior Civil Engineer
* Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
n
L.� Pnntetl on recvcletl paoei
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www. sanjvancapeslrano. org
September 7, 2005
Is
Vv iLL�\ F
mmavoI
EST A IHER (a 1961
1776
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHOATE
WATT HART
JOE SOTO
DAVID M. SWERDLIN
On September 6, 2005 the City Council of San Juan Capistrano met regarding:
"Consideration of Personal services Agreement for the Preparation of Plans and
Specifications for the Rehabilitation of Del Obispo Street and Junipero Serra
Road (George G. Boghossian & Associates, Inc.) (CIP No. 127)" Item No. D7.
The following action was taken at the meeting: Personal services agreement with
George G. Boghossian & Associates, Inc. for preparation of plans and
specifications for the rehabilitation of Del Obispo Street and Junipero Serra Road,
in the amount of $146,500, approved.
If you have any questions regarding this action, please contact Brian Perry, Senior Civil
Engineer at 443-6353 for more detailed information.
Thank you,
C
Mitzi rtiz
Deputy Cit Clerk
Cc: George G. Boghossian*; Nasser Abbaszadeh, Engineering & Building Director;
Brian Perry, Senior Civil Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
n
LJ Printed an recycled career