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06-1006_ADAMS-STREETER CIVIL ENGINEERS_Personal Services Agreement• � urs+ N ot--L c e Ittslc.)q CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Laura Stokes, Housing Coordinator loic t FROM: Christy-3wansurf Administrative Services DATE: December 1, 2008 SITUATION: On May 2, 2006, the City of San Juan Capistrano entered into a Personal Services Agreement with Adams -Streeter Civil Engineers, Inc to provide services for the Little Hollywood Expansion project. ACTION REQUESTED: Said Agreement states services shall be completed by June 30, 2007. On June 7, 2007, said agreement extend to June 30, 2008. On June 10, 2008, said agreement extended to December 31, 2008. Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: is , ? C OC1 SIGNATURE OF OFFICIAL TAKING ACTION:�� DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 06/01/07 Deadline Date: 06/30/07 cc: Department Head (600.30/adams- streeter-cra) 06/01/08 12/01/08 06/30/08 12/31/08 �J C, CITY CLERK'S DEPARTMENT - ACTION REMINDER \ t CZS r Juv� • �•=��t9•II��Gn.:.aluEI�Y-[�W-1-1- 1II1uruwla� FROM: Christy Swanson, Administrative Services DATE: June 1, 2008 SITUATION: On May 2, 2006, the City of San Juan Capistrano entered into a Personal Services Agreement with Adams -Streeter Civil Engineers, Inc to provide services for the Little Hollywood Expansion project. ACTION REQUESTED: Said Agreement states services shall be completed by June 30, 2007. On June 7. 2007 said agreement extend to June 30, 2008. Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: kid 4 �-a 6e/- S 2 ov cB DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: I\ e__K V N c Vo r__� } c-1� el- 1 1 2 [) 0 Y SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: "'FOR CITY CLERK'S DEPARTMENT USE ONLY' Tickler Date: 06/01/07 Deadline Date: 06/30/07 cc: Department Head (600.30/adams- streeter-cra) 06/01/08 06/30/08 PERSONAL SERVICES AGREEMENT(50 (� TH AGREEMENT is made and entered into this `% day of 2006, by and between the San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as the "Agency") and Adams -Streeter Civil Engineers, Inc. (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, Agency desires to retain the services of Consultant to perform an aerial topographical survey and title report for the Little Hollywood expansion project; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, Agency and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 30, 2007. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Nine Thousand One Hundred Ten Dollars ($9,110.00), as set forth in Exhibit "A," attached and incorporated herein by reference. -1- ER 3.2 Rate Schedule. The services shall be billed to the Agency at the rate set forth in Exhibit "A," attached and incorporated herein by reference. Included within the compensation are all Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the Agency representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the Agency. The Agency will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from Agency is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to Agency. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of Agency, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assianment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for Agency to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the Agency. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the Agency. If Consultant is permitted to subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and Agency. All persons engaged in the work will be considered employees of Consultant. Agency will deal directly with and will make all payments to Consultant. -2- Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the Agency, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant acknowledges that: (1) it has investigated the work to be performed; and (2) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by Agency, it shall immediately inform Agency of this and shall not proceed with further work underthis Agreement until written instructions are received from the Agency. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement, however, it is recognized that Consultant must perform with due and reasonable diligence in accordance with professional standards. Section 9. Compliance with Law. Consultant shall comply with applicable laws, ordinances, codes and regulations of federal, state and local government in effect at the execution of the Agreement. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to Agency at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the Agency shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the Agency. -3- Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the Agency, except as required by law or as needed to establish a defense. All such reports, information, data, and exhibits shall be the property of the Agency and shall be delivered to the Agency upon demand without additional costs or expense to the Agency. The Agency acknowledges such documents are instruments of Consultant's professional services. Agency agrees not to reuse or modify project documents and to defend and indemnify Consultant if project documents are reused or modified. Section 13. Indemnity. Consultant agrees to hold harmless Agency, its elected and appointed officials and employees from claims, liabilities, expenses or damages, including reasonable attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for the "negligent" errors and omissions committed by Consultant arising out of the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $1,000,000 Combined Limit (Bodily Injury/Property Damage) 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $1,000,000 Combined Limit (Bodily Injury/Property Damage) M 0 0 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990) to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. Agency and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. 5- 0 0 Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To Agency: San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Planning Director To Consultant: Adams -Streeter Civil Engineers, Inc. 15 Corporate Park Irvine, CA 92606 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled to the extent incurred as a result of negligent performance. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. WE IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY By: lM4 . David F. Adams, Executive Director ADAMS-STREETER CIVIL ENGINEERS, INC. B 41&1 7;67 ATTEST: Randall r. Stre'dfer, Vice President , Agency Clerk AS TO FORM: John R. Show, Agency Attorney -7- s ADAMS • STREETER CIVIL ENGINEERS INC. August 21, 2006 IRVINE • RIVERSIDE )an A. Adams • Randal L. Streeter Ms. Lynnette Adolphson City of San Juan Capistrano Planning Services Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Addendum #1 (Revised): Proposal to Include Aerial Topographical Survey and Title Report to the Original Scope of Work for the Expansion of Little Hollywood Project, in the City of San Juan Capistrano, California. Dear Ms. Adolphson: As requested, we are submitting this proposal addendum as a revision to the previous proposal addendum #1 dated June 8, 2006 to include the aerial topographical survey of the proposed residential area (project site) as well as the future park site (Los Rios Park) with related survey services, and title report procurement as part of the scope of work for this project with a total proposed fee of $9,110 itemized as follows: 1. Aerial topographical survey w/ color ortho-photo................. $ 5,000 2. Survey to establish aerial control targets ........................... $ 3,360 3. Title report from Land America Title Company .................... $ 750 Total.......................................................................... $ 9,110 Thank you for your consideration of this request and we would be happy to discuss its intent with you at your convenience. eanda L. Streeter Vice resident AUG L u 2006 EXHIBIT A 15 CORPORATE PARK • IRVINE, CA. 92606 • Tel: (949) 474-2330 • 32400 PASEO ADEI-ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL Joe* IAIAIII IATE O • i nuilAl (96! 1776 TO: Adams -Streeter Civil Engineers, Inc. 15 Corporate Park Irvine, CA 92606 FROM: Meg Monahan, MMC — City Clerk (949) 443-6308 RE: Personal Services Agreement — aerial topographical survE Hollywood expansion. MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHOATE WYATr HART JOE SOTO DAVID M. SWERDLIN for Little An executed, original agreement is enclosed for your records. If you have questions concerning the agreement, please contact Lynnette Adolphson, Management Analyst Il, (949) 443-6324. CC: Lynnette Adolphson, Management Analyst II Finance San Juan Capistrano: Preserving the Past to Enhance the Future j Printed on 100% Recycled Paper Meg Monahan From Sent: To: Laurie Seymour [mckay@marwit.com] Monday, February 05, 2007 3:54 PM RECEIVED Page I of 1 mnielsen@sanjuancapistrano.org; thribar@sanjuancapistrano.org;*Otrfeaolyaro@pWrOO.org; sallevato@sanjuancapistrano.org; luso@sanjuancapistrano.org Cc: letters@thecapistranodispatch.com; mmonahan@sanjuancapistrano.org�fT'( CLL -M% Subject: Response to Gil Jone's column in the 1-11-07 issue of the CapistrW [QOCO fAPISTRANO Dear City Council Members: In Mr. Jones' column, he referred to the "pepper tree meadow" where Ramos Street intersects Adelanto. He mentioned that a plan to build 10 affordable houses there was approved in May 2006. He feels that this would greatly detract from the natural beauty and serenity of the area and encouraged residents to voice their opinion. wanted to weigh in that I agree with Mr. Jones. I like to take walks with my dogs through the Los Rios District (I live in Mission Flats, which is in walking distance) and really enjoy that open space with its natural vegetation. It would be very sad to see houses going up there. I would like to see the meadow incorporated into the Los Rios Park Plan as preserved open space. I also agree with Mr. Jones regarding the former Walnut Grove Restaurant site. I read on the city placard right across from the Library that this site used to be the Mission Gardens. I thought, rather than another parking lot, wouldn't it be nice to resurrect it as a botanical garden with native plants, tying into its historical significance? Thank you for your consideration. Sincerely, Laurie S. Seymour 31481 La Calera Street San Juan Capistrano, CA 92675 714-856-6970 mc_ kayn marwit.com This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email LQ -co . 40 � \K -�kecO-CY - 2/6/2007