17-0606_PROPERTY SPECIALISTS, INC_Agenda Report_E15 6/6/2017
EIS
City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: en Siegel, City Manager
SUBMITTED BY: Steve May, Public Works and Utilities Director
PREPARED BY: George Alvarez, P.E., City Engineer
Paul Meshkin, P.E., Senior Civil Engineer
DATE: June 6, 2017
SUBJECT: Consideration of Amendment No. 1 to Professional Services
Agreements for Design and Construction Support Services (CNC
Engineering Inc.) and Right-of-Way Support Services (Property
Specialist Inc.) for the Del Obispo Street Widening Project (CIP
16102)
RECOMMENDATION:
By motion,
1. Approve and authorize the City Manager to execute Amendment No.1 to the
Professional. Services Agreement with CNC Engineering Inc. to increase the
compensation amount by $57,750, bringing the total contract amount to
$248,892, for preparation of the design plans and for right-of-way and
construction support services for the Del Obispo Street Widening Project (CIP
16102); and,
2. Approve and authorize the City Manager to execute Amendment No-1 to the
Professional Services Agreement with Property Specialists Inc. (CPS[) to
increase the compensation amount by $81,900, bringing the total contract
amount to $75,790, for right-of-way services for the Del Obispo Street Widening
Project (CIP 16102).
EXECUTIVE SUMMARY:
Design changes and protracted efforts to acquire the right-of-way necessary for the Del
Obispo Street Widening Project have resulted in additional work efforts and costs for the
design engineering and right-of-way consultant firms working on the Project. Contract
amendments are needed for these two firms to allow them to complete the design
engineering work and the right-of-way acquisition. The total costs for both firms will
City Council Agenda Report
June 6, 2017
Page 2 of 4
increase by $89,650, from the original $235,032 to $324,682. Half of the Project costs
are grant funded through Measure M2.
DISCUSSION/ANALYSIS:
On November 11, 2015, the City entered into a Professional Service Agreement with
CNC Engineering Inc. (CNC) for preparation of design plans and specifications for the
Project for $191,142. Due to changes in the scope of work, CNC has submitted an
updated scope of services with an increased cost of $57,750. The additional services
include design for modification of the traffic signal controller and pole at the intersection
of Via Vermeulen and Del Obispo Street to eliminate the need for construction of a
retaining wall there, and minor redesign of the road alignment to eliminate the need for
a retaining wall at the southerly end of the Project. These changes will save
construction costs. CNC will also need to prepare legal descriptions for vacation of a
portion of unused right-of-way. It is recommended that the City Council approve
Amendment No. 1 to the Agreement with CNC in the amount of $57,750. The
Amendment and the original Agreement are included as Attachment 1.
On June 15, 2016, the City entered into a Professional Service Agreement with Property
Specialists Inc. (CPSI) for right-of-way support services, in a not-to-exceed amount of
$43,890. Due to an expansion of the original scope of work to include escrow services,
right-of-way negotiations, right-of-way abandonment services, and title clearance
coordination, CPSI has submitted an updated scope of service with an increased cost of
$31,900. It is recommended that the City Council approve Amendment No. 1 to the
Agreement with CPSI in the amount of $31,900. The Amendment and the original
Agreement are included as Attachment 2.
FISCAL IMPACT:
The Project is funded 50% by the City's Capistrano Circulation Fee Program (CCFP)
and 50% by a Measure M2 grant through OCTA that was awarded in May 2015. The
Measure M2 grant provides for $850,000 of the $1.7 million project. Funding for the
Project is included in the adopted budget for Fiscal Years 2016-17 and 2017-18, and
there are sufficient funds in the Project account to cover the recommended
amendments.
Since the right-of-way for the Project has not yet been secured, it is possible, although
not considered likely, that the grant deadline of December 31, 2017, could pass before
the right-of-way is acquired. In that case, the project would not be completed, and half
of the $75,790 right-of-way costs ($37,895) would not be received from the 50% OCTA
grant. The loss of that expected revenue would be taken from the CUP funds already
appropriated for the Project.
ENVIRONMENTAL IMPACT:
A Mitigated Negative Declaration (MND) was previously prepared and approved for the
Del Obispo Street Widening Project on March 21, 2017. The action proposed is not
City Council Agenda Report
June 6, 2017
Page 3 of 4
subject to CEQA pursuant to Section 15060(c)(3) of CEQA Guidelines because the
action is not a project as defined in Section 15378 of the CEQA Guidelines, and the
action has no potential for resulting in physical change to the environment, directly or
indirectly.
PRIOR CITY COUNCIL REVIEW:
• On September 16, 2014, the City Council adopted a Resolution authorizing
submission of an application for grant funds to the Orange County Transportation
Authority in its call for projects for the Del Obispo Street Widening Project.
■ On November 3, 2015, the City Council approved a Professional Services
Agreement with CNC Engineering to perform professional engineering services to
prepare engineering design, specifications, cost estimates, and environmental
documents for the Del Obispo Street Widening Project in an amount not to exceed
$191,142, which includes a 10% contingency.
• On May 23, 2016, at the budget workshop, and at the 75% design phase of the
Project, the City Council reviewed the Project and took no action, allowing the
project to proceed through completion of design and environmental documentation.
• On March 21, 2017, the City Council adopted a Resolution approving the Del Obispo
Street Widening Project from Calle Aspero to Paseo De La Paz.
• On March 21, 2017, the City Council adopted a Mitigated Negative Declaration for
the Del Obispo Street Widening Project from Calle Aspero to Paseo De La Paz.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• On November 10, 2016, and December 8, 2016, the Project was presented to the
Design Review Committee (DRC) for review and approval of the retaining wall
design at the south and north limits of the Project.
• At its February 14, 2017, meeting, the Planning Commission held a public hearing
and adopted two resolutions: 1) Recommending that the City Council Adopt a
Mitigated Negative Declaration (MND) for the Del Obispo Street Widening Project;
and 2) Approve the Del Obispo Street Widening Project, from Calle Aspero to Paseo
De La Paz (CIP 16102). The Commission passed the staff recommendation by a 4-0
vote.
NOTIFICATION:
CNC Engineering Inc.
Property Specialist Inc. (CPSI)
Dan Almquist
Dave Mello
Ron and Cindy Taylor
Harry and Nina Falklam
Robert L. Morey
City Council Agenda Report
June 6, 2017
Page 4 of 4
ATTACHMENT(S):
Attachment 1- Professional Services Agreement Amendment No. 1 (CNC Engineering)
Attachment 2- Professional Services Agreement Amendment No. 1 (CPSI)
AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
CNC Engineering,Inc.
1. Parties and Date.
This Amendment No. 1 to the PROFESSIONAL SERVICES AGREEMENT is made and
entered into as of this day of May, 2017, by and between the City of San Juan Capistrano, a
municipal organization organized under the laws of the State of California with its principal place of
business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and CNC
Engineering, Inc. a CORPORATION, with its principal place of business at 2121 Alton Parkway
Suite 200 Irvine, CA 92606 (Consultant). City and Consultant are sometimes individually referred
to as"Party"and collectively as "Parties."
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
Professional Agreement Services for"Engineering and construction support services for Del Obispo
Street Widening Project CIP 16102" dated November 3, 2015 ("Agreement") for the purpose of
retaining the services of Consultant to provide engineering and construction support services for Del
Obispo Street Widening Project CIP 16102.
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to
revise the scope of services to include Right-of--Way support services,and increase the not-to-exceed
compensation amount by$57,750.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of
the Agreement.
3. Terms.
3.1 Amendment. Section 2b of the Agreement is hereby amended in its entirety to read
as follows:
2b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of$248,892. This amount is to cover all printing
and related costs, and the City will not pay any additional fees for printing expenses. Periodic
Page I of 3
61147 021 00124464451.1
Attachment 1
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payments shall be made within 30 days of receipt of an invoice which includes a detailed description
of the work performed. Payments to Consultant for work performed will be made on a monthly
billing basis.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1 all
other provisions of the Agreement remain in full force and effect and shall govem the actions of the
parties under this Amendment No. I. From and after the date of this Amendment No. 1,whenever
the term"Agreement"appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 1.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal,or
otherwise unenforceable by a court of competent jurisdiction,the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
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61 147 002I06t`Y",64J51
Attachment 1
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SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND CNC ENGINEERING,INC.
CITY OF SAN JUAN CAPISTRANO CNC Engineering, Inc.
Approved By:
Ben Siegel Signature
City Manager -5 VAVA 40 Ol 24r t '0
Date Name
Attested Be�,�-�{ of
By.
Title
Maria Morris, City Clerk 5 2 2 v
Date
Approved As To Form:
GOy ttomey
Page 3 of
61147.02100%-'1446"5 1A
Attachment 1
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AkCNC
ENGSNEERINGI SUR4e V4NGI CONS$01i(-I
City
l+
City of San Juan Capistrano May 22, 2017
Attn: Mr. Paul Meshkin, P.E.
Public Works and Utilities Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Contract Amendment No. 1 for Professional Engineering Services-C1P 16102
Dear Mr. Meshkin,
Per your request, CNC is pleased to submit this request for amendment to our existing contract for Del Obispo Street
Widening Project.The following is detailed description of the scope of additional services under this amendment.
This change order request is for realignment of the westerly curb&gutter on Del Obispo Street south of Oliva Homes
as necessary to avoid any grading on the existing adjacent slopes.
SCOPE OF WORK
Task 1. Existing C&G Relocation South of Calle Aspero
CNC will prepare the plans, specifications and construction cost statement showing the removal and
reconstruction of the curb &gutter and construction of new sidewalk from Calle Aspero to approximately
200 LF south as necessary to protect in place three existing SDG&E cabinets.
Task 2. Legal Description&Plat for RNV Vacation
CNC will prepare the legal description and plats defining the precise boundaries and sizes of the existing easement
to be abandoned by the City within the project limits.The documents will reference existing prescriptive easements
within the land to be abandoned. Our scope of work excludes preparation of new easement documents for existing or
proposed utilities.
Task 3. Lot Line Adjustment at 32221 Del Obispo Street
The purpose of this LLA is to finalize the boundary of this property after the proposed roadway easement take and
vacation of the existing roadway easement by the City at the subject property. CNC will provide the necessary
research and drafting of the lot boundary by a licensed Surveyor; request an updated Preliminary Title Report from
the title company within 30 days of the LLA Application submittal;submit Preliminary Lot Line Adjustment Map and
PTR for City review and will address all review comments and make all necessary corrections to the map;submit the
revised map and prepare the final documents including deeds. CNC will also perform additional topographic survey
of the site.
Task 4.South Side Realignment
This task consists of shifting the westerly curb&gutter far enough to the east to avoid any grading within the
adjacent slope.The following is a list of specific items of work required for the successful completion of this task:
• Additional Topographic Survey&Mapping-The shift in the C&G alignment will require design of new
transition to the existing C&G along Oliva Homes frontage.
• Revise C&G Layout and Profile-CNC will revise the alignment of the C&G to set the back of sidewalk
easterly of the existing toe of slope and update the top of curb profile.
2121 Alton Parkway • Suite 200 • Irvine • California • 92606 • P.949.863.0588 • www.cnc-eng.com
Attachment 1
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• Revise Roadway Plans and Sections-CNC will update the call-outs on the roadway plans and cross
sections based on the revised C&G layout and profile,
• Revise Storm Drain Plans-CNC will update the catch basin and bio-filtration devise layout and profiles to
match the new C&G alignment.
• Revise Signing&Striping Plans-CNC will update the signing&striping plans for the new C&G layout.
• Revise Signal Modification Plans-CNC will update the signal pole layout and conduit runs to match the
revised C&G alignment.
Task 5.New Right of Way Monuments
CNC will perform the necessary research and calculations to set seven(7) permanent monuments at the new right of
way along the frontage of assessor parcels 673-111-21, 17, 16 and 28, prepare and process the new right of way
record of survey for approval and recordation by the County of Orange.
Task 6.Additional Coordination with the City and Owners
CNC will be available to attend additional meetings with the City, its consultants and affected property owners along
the project limits and to provide available technical support and documentation as required by the City.
Task 7.DRC/Planning Commission/City Council Meetings
At the request of the City, CNC attended two Development Review Committee hearings and one Planning
Commission hearing;additionally,CNC and our environmental consultant, LSA attended a City Council meeting.
COMPENSATION
The estimated fee for additional services outlined in this amendment is$57,750. Please refer to Attachment"A"for
the hourly breakdown of the fee. Please feel free to contact me if you have any questions or need additional
information.
Respectfully Submitted,
CNC Engineering
Sean Nazarie, P.E.
Director of Engineering
Attachment 1
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ATTACHMENT A: CONTRACT AMENDMENT No. 1
DEL OBISPO STREET WIDENING FROM CALLE ASPERO TO PASEO DE LA PAZ(CIP 16102)
PREPARED FOR CITY OF SAN JUAN CAPISTRANC
PREPARED BY:CNC ENGINEERING
DATE:MAY 22,2017
PROJ SURVEY PROJ SURV Admin SUB OTHER EST TOTAL
TASK DESCRIPTION MGR MGR ENGR CREW CONTRACT DIRECT TOTAL NTE
$150 $12.5 $125 $165 $60 LUMP SUM COSTS HRS AMOUNT
1 Existing C&G Relocation South of Calle As ero
Plans 4 8 28 $3.360
Specs 2 2 2 8 5850
Estimates and Bid Schedule 2 4 1 10 $1,240
Subtotal 8 14 2 46 $5,490
2 Legal Description&Plat for R/W Vacation
32221 and at 32151 Del Obispo Street 2 16 2 1 21 52,610
32351 Del Obispo Street 2 16 2 1 21 52,610
Subtotal 4 32 4 2 42 $5,220
3 Lot Line Adjustment at 32221 Del Obispo Street
Preliminary Lot Line Adjustment Map 2 32 2 36 $4,420
Preliminary Title Report update $75 0 $75
Address Comments 12 12 $1,500
Final Documents 2 16 2 20 $2,420
Survey Field Work 8 8 $1,320
Subtotal 4 60 0 8 4 $75 76 $9,735
4 South Side Realignment
Additional Topographic Survey and Ma in 8 8 16 $2.320
Revise C&G Layout and Profile 4 12 $450 16 52.550
Revise Roadwav Plans and Sections 8 24 32 54.200
Revsie Strom Drain Plans 2 8 10 $1,300
Revise Signing&Striping Plans 4 12 16 52,100
Revise Signal Modification Plans 4 12 16 $2,100
Project Adminstration 4 4 8 $840
Subtotal 26 68 4 $450 114 $15,410
5 New Right of Way Monumentation
D Data Processing and Draftipa 2 24 2 2 30 $3,670
Settina Seven New Monuments in the Field 2 4 16 22 $3,440
n Processing for Recordation 2 8 1 10 $1,300
3 Subtotal62 $8,410
0') 3
O CD
6 Additioal Coordination with the City&Owners 32 34 16 82 $10,010
N --L
7 DRC/Planning/dity DRC/Planning/CityCouncil Meeting Attendance 12 $1,675 12 $3,475
ESTIMATED LABOR HOURS 4 0 12 0 0 434
TOTAL NOT-TO-EXCEED AMOUNT $913 $450 $57,750
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of [ JU 20 ' D by and
between the City of San Juan Capistrano, a municipal corporation organized and operating
under the laws of the State of California with its principal place of business at 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675 ("City"), and CNC Engineering, Inc. a
CORPORATION, with its principal place of business at 2121 Alton Parkway, Suite 200 Irvine,
CA 92606 (hereinafter referred to as "Consultant'). City and Consultant are sometimes
individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Del Obispo Street Widening Project Calle Aspero to Via De La Paz (CIP 16102) (hereinafter
referred to as"the Project").
B_ Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit"A"
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit"B."
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $191,142. Which includes a 10%
contingency of$17,376. Consultant shall not perform services requiring the use of Contingency
funds without the City's prior approval. This amount is to cover all printing and related costs, and
the City will not pay any additional fees for printing expenses. Periodic payments shall be made
within 30 days of receipt of an invoice which includes a detailed description of the work
performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other panty indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
Attachment 1
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Del Obispo Street Widener? Pro'ect CIP 16102 2 City of San Juan Capistrano
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required hereunder within 720 calendar
days.The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable
control of the non-performing party. For purposes of this Agreement, such
circumstances include but are not limited to, abnormal weather conditions; floods;
earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts,
work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other
party describing the circumstances preventing continued performance and the efforts
being made to resume performance of this Agreement.
7. Comoliance with Law.
a. Consultant shall comply with all applicable laws, ordinances,
codes and regulations of the federal, state and local government, including
Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in
obtaining and maintaining all permits required of Consultant by federal, state
and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up
and/or removal of hazardous and toxic substances spilled as a result of his or
her services or operations performed under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Attachment 1
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Del Obispo Street Widenin4 Proiect(C1P 16302) 3 City of San Juan'Capistrano
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this
section. In addition, Consultant shall not allow any subcontractor to commence
work on any subcontract until it has secured all insurance required under this
section.
a. Commercial General Liabilify
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage(Occurrence Form CG 00 01)or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
Attachment 1
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Del Obisoo Street Widening Project(GIP 16102) 4 Clty of San Juan Capistrano
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability,
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
C. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every
employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and
he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any
time during the term of this Agreement, at all times during the performance of
the work under this Agreement, the Consultant shall maintain full compensation
insurance for all persons employed directly by him/her to carry out the work
contemplated under this Agreement, all in accordance with the "Workers'
Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage
in amounts indicated herein. Consultant shall require all subconsultants to
obtain and maintain, for the period required by this Agreement, workers'
compensation coverage of the same type and limits as specified in this section.
(iii)
Attachment 1
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4.
Del Obisoo Street Widening Project MIP 16102) 5 City of San Juan Capistrano
d. Professional Liability(Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. "Covered Professional Services" as designated in the policy must
specifically include work performed under this Agreement. The policy must `pay on behalf of
the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Attachment 1
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0
Del Obispo Street Widening Project(CIP 16102] 6 City of San Juan Capistrano
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
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Del Obis2o Street Widening Proiect tGIP 16102 7 City of San Juan Ca istrana
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Reguirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance
of the Consultant's services, the Project or this Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses, Notwithstanding the foregoing, to the extent Consultant's services
are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers ,
b. Additional Indemnity Obiigations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered
by this section that may be brought or instituted against the City, its officials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials, officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
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Del Obispo Street Widening Pro'ect(CIP 18102 8 City gf San,Juan Capistrano
reimburse City for the cost of any settlement paid by the City, its officials, officers, employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq.,which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects. If
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices, hours of labor
and debarment of contractors and subcontractors.
b. If the Services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Verification of Employment_Eiigibili
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shalt require all subconsultants and sub-
subconsultants to comply with the same_
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
16. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
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Del Obispo Street Widening Proiect 4CIP 151021 9 City of San Juan Capistrano
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
17. 18 Documents, Except as otherwise provided in "Termination or
Abandonment," above, all original field notes, written reports, Drawings and
Specifications and other documents, produced or developed for the Project shall,
upon payment in full for the services described in this Agreement, be furnished to
and become the property of the City.
18. Organization
Consultant shall assign Sean Nazeri as Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY: CONSULTANT:
City of San Juan Capistrano CNC Engineering
32400 Paseo Adelanto 2121 Alton Parkway, Suite 200
San Juan Capistrano, CA 92675 Irvine, CA 92606
Attn: Paul Meshkin, Public Works Department Attn:
and shall be effective upon receipt thereof.
21. Third Party Riahts
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Del ObisAo Street Widening Project(C(P 16102) 10 City of San Juan Caaistrano
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
22. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City's Right to Eml?loy Other Consuttants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
29. Prohibited Interests
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Rel Obispo Street Widenina Project(ACIP 16102) 11 ON of San Juan Capistrano
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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Del Obispo Street Widenin- Proiect(CIP 16102) 12 _ _Cily of San Juan Capistrano
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND CNC ENGINEERING
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO CNC Engineering, Inc.
By: rcsCG'A� 1� �A'r e
Derek Reeve Its: :��-c t a ��0, ;y�,�r ��
Mayor
r
r
ATTES�
BY=
Marite
ris
City
Approved as to Form:
By:
doe�
iv'itallinger,
City Attorney
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Del Obispo Street Widening Proiect[CP 161021 13 City of San Juan Capistrano
EXHIBIT A
Scope of Services
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EXHIBIT A
-AC N C
•N Gsk[IIlYG�S'fly[Y,Ki: :fi4Sif•1L ftBN
SAN JUAN CAPISTRANO CIP 16102
SECTION C WORK PLAN
Proiect Understanding
CNC understands the goal of the CIP 16102 is to add a second southbound lane to Del Obispo Street between Calle
Aspero and Paseo De La Paz.The following is a detailed description of our understanding of the project objectives,
requirements and key design issues:
1. Add a second southbound lane from Calle Aspero to approximately 780 feet south and join the existing widened
roadway at Oliva Homes(Photo 1).
2. Add a second southbound lane from Paseo De La Paz to approximately 400 feet north and join the existing
widened roadway at Oliva Homes(Photo 2).
3. Relocate the existing bike lane to accommodate the new lane, construct new sidewalk and landscape adjacent
slopes along the entire length of the two segments in items 1 and 2. Match existing parkway improvements
shown in Photo 3,
4. Relocate the power poles or underground the overhead lines adjacent to the road to accommodate the proposed
widening (Photo 4), Since the length of overhead lines within the project limits exceeds 600 feet, the City may
be reimbursed for the cost of removing the power poles by SDG&E.
5. The existing pavement in the bike lane (Photo 5) will be investigated for use as part of the proposed second
southbound travel lane based on the geotechnical findings and anticipated traffic index.
Photo 1.Existing Embankment Just South of Calle Aspero Must be Graded Back to Accommodate Roadway
Widening
Photo 2,Southerly Terminus of the Newly Widened Segment of Del Obispo Street
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AkCNC
ENG 1 NA ENe 11 S Uk VtY I H4,C 0 of TEUCT ion
SAN JUAN CAPISTRANO CIP 18102
SECTION C WORK PLAN
r:
f
Photo 3,Existing Parkway and Landscapfnq Within the Widened Portion of Del Obispo Street
t�..y
Photo 4.Existing Power Poles along the West Side of Del Obispo Street
r .
wr �t
Photo 5.Longitudinal Crack and Spa/ling Along Existing Pavement on Southbound Del Obispo Street
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AC N C
RNGFN 9RS I N C;S"RY el I NG;CO NST9VCTIO0
SAN JUAN CAPISTRANO CIP 16102
SECTION C WORK PLAN
Proieg Ao r- oath
The following is a detailed description of the tasks required for the successful completion of this project:
1. Project Administration
Prior to beginning the work tasks CNC will assemble the project team for a kickoff meeting to refine the scope of
services and to finalize any administrative details such as point-of-contact for each team member. Thereafter, CNC
Project Manager will be available to attend coordination meetings as requested by the City to discuss design issues,
construction cost, project schedule and impacts to the community. CNC will prepare and distribute minutes of all
meetings including a list of action items and responsible party. Monthly Status Summaries will be submitted showing
the estimated percentage of completion, a summary of accomplishments during the reporting period and a list of
planned activities for the next reporting period.
2. Research and Data Collection
Record Drawings Research&Utility Investigation-CNC will obtain copies of relevant design reports and record
drawings of the street and utility improvements from the City and County.
Utility Investigation:CNC will compile a list of utility purveyors with facilities in the area and will augment the list in
consultation with the City, We will notify each purveyor of the City's proposed project and schedule of work and will
request copies of record drawings of existing facilities within the project limits as well a$ a copy of schedule of
completion of any on-going or planned improvements within the project site over the next 3 years.
During the topographic survey work, CNC crews will dip existing storm drain manholes and sanitary sewer lines to
determine the depth and size of existing accessible storm drains and sewer pipes. CNC will also use the services of
Wayne Perry, Inc. (WPI) to perform a geophysical survey of existing underground utilities within the project limits.
The survey will extend from the lane line separating the southbound travel lane and the bike lane to 17 feet beyond
the existing edge of pavement,Work will consist of
➢ Marking the site for Underground Services Alert ➢ Using vacuum excavation(air knife)to pothole
(USA). utilities.
➢ Provide traffic control for all field investigation. ➢ Final deliverable will consist of a listing of the
➢ Using ground penetrating radar(GPR)to locate utilities found,the location,orientation,and depth of
subsurface utility lines. If GPR use is not possible the utilities found, and a map showing the location
on sloped areas,then utilities in sloped areas will be of the utilities found.
limited potholed at selected locations marked out.
3. Topographic Survey&Mapping
CNC will locate the closest bench mark to each project site and will research recorded tract and parcel maps at the
County and the City to reference the centerline bearing of each street to the latest recorded tract or parcel map. Field
survey will extend 200 feet beyond the limits of improvements and 50 feet outside the post-project right-of-way.
Survey wilt consist of cross sections at 25-foot intervals, with elevations at centerline,top of curb, back of sidewalk,
gutter flow lines, edge of gutter, edge of pavement, lane lines, crown lines, angle points,top of"X", bottom of"X"at
driveways and curb ramps and back of driveway approaches, beginning, middle of curve and end of curb returns,
cross gutters and spandrels, missing wheel chair ramps (WCRs) and at grade breaks, Survey will also include all
surface culture within the project limits including but not limited to meter boxes, utility poles and valve cans, trees,
grass,fences, retaining curbs,retaining walls,surface utility features such as manholes and catch basins. All survey
S
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ENGINYE fiNG4fU1YE M:N'G�CONSP kUCl10M
AkCNC
SAN JUAN CAPISTRANO CIP 16102
SECTION C WORK PLAN
points will be data collected and electronically transferred to our computer for preparation of the topographic mapping
at V=20' Horizontal, 1.0-foot contour intervals and V=4'vertical for profile, if necessary. Existing cross sections will
be platted using V=4'vertical and VzM'horizontal scale, if required.The base map will be augmented with data on
the utility record drawings as well as information obtained from field observation. The final base map will include
existing utilities, existing right of way(See Task 4), lot line, assessor parcel numbers street addresses and property
owners'names of adjacent properties.
4. Right Of Way Engineering
Based on our preliminary investigation, the proposed improvements will require partial land take from the following
parcels:
ADDRESS OR LEGAL DESCRIPTION APN
26112 Calle Cobblestone 673-111-28
TR 103 LOT 66 NLY 108,2 FT NWLY OF DEL OBISPO STREET 673-111-16
32151 Del Obispo Street 673-111-17
32221 Del Obispo Street 673-111-21
32351 Del Obispo Street 673-061-10
CNC will purchase copies of the Preliminary Title Report (PTR) for each affected parcel, along with copies of all
back-up and supporting documents.We will review the documents and use the information to establish the property
boundaries and easements for each affected parcel. Upon completion of the plan and profile for the roadway
widening, CNC will refine the table above to show the precise square footage and amount of impact on each parcel.
CNC will prepare the legal description and plat for each real property affected by the project. CNC will perform the
necessary traverse closures and calculate the precise right-of-way acquisition area for each parcel.CNC will prepare
the legal description and prepare a plat on 8-112" x 14" vellum in AutoCAD for the right-of-way take in accordance
with the City of San Juan Capistrano standard layout for acquisition maps.The documents will be submitted for City
review and upon approval, CNC will provide the required number of copies of the final legal description, deed,
exhibits and right-of-way map for City execution.
5. Project Precise Alignment
Using the cut sheets prepared in Task 3, CNC will develop multiple alternative alignments for adding a second
southbound lane to Del Obispo Street with consideration to the right of way take, utility impacts,turning movements
at side streets and driveways and bike lanes. CNC will prepare a preliminary cost estimate for each alternative,
including the cost of land acquisition, based on recent land evaluations and completed sales in the area.A summary
of the analysis,findings and recommendations will be presented in a technical report along with copies of alternative
alignment plans for City review. GNC will be available to meet with the City to review the findings and address review
comments.Once the preferred alignment has been selected by the City, CNC will proceed with the geometric design,
6. Environmental Documentation
Since this is a transportation project involving discretionary approval by a public agency, it will need to comply with
the requirements of the California Environmental Quality Act (CEQA). No federal funds will be used. Therefore,
compliance with the National Environmental Policy Act (NEPA) is not required. CNC's environmental consultant,
LSA will execute the following tasks for the completion of the project environmental document:
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EN G.14 Ed RI NIt.1 SURVd V 1 HGI cow ttRU C 110"
SAN JUAN CAPISTRANO CIP 16102
SECTION C WORK PLAN
6.1- Project initiation:LSA will attend a coordination meeting with CNC and the City to discuss project strategy and
confirm(1)scope of work; (2)roles and responsibilities;(3)assumptions for environmental documents;(4)required
technical studies;(5)a preliminary project schedule;(6)protocol for maintaining contact between team members,
CNC will provide LSA with all appropriate and available project information(or anticipated dates when information will
be available)necessary to prepare the environmental documents.These include project plans,hazards reports
(Phase I or equivalent,if available),soils report,WQMP,and hydrology report.
6.2-CEQA Technical Analysis:,Based on information provided by CNC,LSA will prepare technical analyses to
address the following impact areas:Air Quality,Greenhouse Gas Emissions,Noise, Biological Resources,Cultural
Resources and Paleontological Resources.This information will be Included,as appropriate, as sections in the
IS/MND.Jurisdictional delineation is not included nor expected to be required.
6.3• CEQA Document. The ISIMND will be prepared in compliance with Section 15063 of the CEQA Guidelines and
applicable case law, The IS/MND and related technical analyses would focus on the entire project site.The IS/MND
will be prepared according to the City of San Juan Capistrano's current environmental checklist form, LSA will
respond to each checklist question based on a review of project plans, a site visit, and other available information.
The following topics will be addressed based on available information and resources: Aesthetics, Agricultural and
Forestry Resources, Land Use and Planning, Mineral Resources, Population and Housing, Public Services,
Recreation,and Utilities and Service Systems, LSA will summarize information provided by CNC to address impacts
related to Geology and Soils, Hydrology and Water Quality, and Transportation/Circulation. Potential environmental
effects relative to the remaining topics (Air Quality, Cultural Resources, Biological Resources, Greenhouse Gas
Emissions, Hazardous Materials,and Noise)will be addressed based on technical analysis performed by LSA.
In addition to document preparation,LSA will also:
• Prepare and file a Notice of Intent(N01)to • Prepare and distribute the Responses to
Adopt an MND Comments.
• Reproduce and distribute up to 20 copies of the • Prepare a Mitigation Monitoring Program(MMP)
IS/MND to agencies and interested parties and • Prepare and file a Notice of Determination
15 digital copies(CD)to State Clearinghouse. (NOD)
7. Pavement Investigation
CNC's geotechnical sub-consultant, LaBelle Marvin, Inc. (LMI) will perform full pavement investigation. The
investigation will utilize a combination of in-place de lec9on testis at 50-fbof intervals to define the current bike lane
strength combined with a total of seven (7)ovement core samples with five (5)within the existing southbound bike
lane to explore and define layer thicknesses and where detectable, prior resurfacing history within the existing
southbound bike lane and two (2) within the existing dirt shoulder, scheduled for widening for the purpose of
designing structural replacement sections. Borings will be extended to a proposed maximum depth of 35 through
(6)inch diameter core holes.Ground water encountered within 3.5'depth of the testing limits will be recorded, where
applicable.
Pavement core data within the existing southbound bike lane and soil borings within the planned widening limits will
be combined with laboratory soil strengths and projections of future traffic use to develop appropriate replacement
sections. The existing sections will be compared to the required replacement sections, providing a basis for
development of current structural needs and reinforcement requirements.
Laboratory analysis will include subgrade soil classification and moisture content, sand equivalency, maximum dry
density and optimum moisture content and R-value strength determination. The results of the investigation will be
presented in a report format signed by the supervising California Registered Civil Engineer.
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IN GIN EI I IN O{S0V01 N 4 I'CO N11I6C S ION
SAN JUAN CAPISTRANO CIP 16102
SECTION C WORK PLAN
Ground Water&Petroleum Hydrocarbons. If the we find any evidence of presence of petroleum hydrocarbons or
other hazardous materials in the samples from the 35 deep borings, then with prior approval of the City, CNC's
consultant team of LSA and Diaz•Yourman &Associates(DYA)will conduct additional investigation to determine the
presence or not of hazardous waste including petroleum hydrocarbons within the project limits. Refer to Optional
Task C for a detailed scope of work.
8. Drainage Improvements
Drainage from adjacent properties is from northwest to southeast.Flow in Del Obispo Street north of Oliva Homes is
from north to south.Existing catch basins at the intersection of Del Obispo Street and Calle Aspero collect portions of
the runoff in the streets before it gets to the project site. CNC will conduct a detailed field reconnaissance to
determine the boundaries of the contributing drainage areas to Del Obispo Street north and south of Oliva Homes.
Using this field data along with information from previous drainage reports and available record drawings, CNC will
prepare a hydrology map. CNC will prepare hydrology calculations for the 10-,25-and 100-year storms based on the
latest edition of the Orange County Hydrology Manual and all applicable addendums. CNC will calculate the depth
and width of street flow and determine the location and size of new catch basins based on the City of San Juan
Capistrano and County flood protection criteria.The analysis will also include determination of the estimated flow at
existing inlets. CNC will evaluate the project impact on the existing storm drains and inlets such as the headwall inlet
structure located about 750'south of Calle Aspero(Photo 6)
Photo 6. Existing Headwall on the West Side of Del Obispo Street will need to be modified and most likely
replaced with a catch basin.
A summary of the calculations and analysis along with findings and recommendations will be presented in a drainage
report for City review and approval,
9. Construction Documents
The following is a list construction drawings for base services, Each sheet will have a border with a project title
block,scale,north arrow and a list of construction and disposition notes:
➢ Title Sheet- This sheet will include a location map and index map along with a list of utility and agency
contacts, general notes, typical sections and details required for construction. Additional sheets will be
provided if necessary.
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AC N C
rrraAKrzrin.rl x�rvernc.ennf rur,e,pn
SAN JUAN CAPSTRANO CJP 161 D2
SECTION C WORK PLAN
➢ Street Widening and Slurry Seal Plans- Unless otherwise directed by the City, drawings will consist of
plan and profile views at 201 scale horizontal and 4' scale vertical cut sheets prepared under Task 3. The
plans will show the necessary information for the roadway widening, pavement rehabilitation, if necessary,
new curb & gutter and sidewalk, utility adjustments and disposition of other existing surface culture within
the project limits.
➢ Off Site Improvement Plans-The drawings will consist of plans and details for the disposition of existing
improvements on adjacent private property affected by the roadway widening.
➢ Signing and Striping Plans-This task consists of preparation of plans and details to restore signing and
striping for the project per the latest edition of CA MUTCD. The plans will also show the existing and
proposed signal loops.
➢ Landscape and Irrigation Plans- Landscape improvements will be limited to the side slopes along the
west side of the roadway. CNC's landscape sub-consultant, Kobata Associates, Inc. (Kobata) will conduct
site visit to verify existing conditions and impact of street widening project to existing landscaping; prepare
conceptual Landscape Plan consistent with the City's program and the existing adjacent landscaping;
review Conceptual Landscape Plan with the City; prepare preliminary statement of probable cost based on
Final Conceptual Landscape Plan. Upon approval of Conceptual Plan, Kobata will prepare the final PS&E
for planting and irrigation improvements.
➢ Street Lighting Plans-CNC's electrical subconsultant, Design West Engineering will prepare the PS&E for
construction of new street lights within the project limits.Scope of work will consist of the following,
• Coordination of power service with serving • New service entrance design
utility, locations of serving utilities points of Distribution and branch panel locations
connection and underground conduit layout Single line diagram
• Lighting layout,circuiting and control wiring Load schedules
diagram Voltage drop calculations
• Schedule of lighting fixtures Additional Power requirements as programmed by
user staff
➢ Storm Water Pollution Prevention Plan (SWPPP) - CNC has the qualified and experienced staff
available to prepare the SWPPP based on the California Storm Water Best Management Practices
Handbook, 2009 edition, consistent with the construction General Permit, issued by the State Water
Resources Control Board. CNC will also perform the Risk Level Assessment as required by the latest
SWPPP requirements, The SWPPP will be submitted for review and approval by the City. CNC will be
available to provide technical assistance with filing of the Notice of Intent (N01) and uploading the
SWPPP on the State's Storm Water Multiple Application and Report Tracking System(SMARTS).
➢ Water Quality Management Plan (WQMP) — CNC will prepare a WQMP in accordance with the
requirements of the County of Orange NPDES Stormwater Program, If the full design capture volume(DCV)
cannot be met with infiltration BMPs, then we will evaluate Bio-filtration BMPs. CNC will also evaluate
feasible non-structural BMPs and identify the most efficient BMPs based on the project conditions. CNC will
determine the required size of structural BMPs and will provide sufficient details for their construction.
➢ Proposed Cross Sections-This work will consist of using the existing cross sections prepared under Task
4 and adding new pavement,curb&gutter and other street improvements.
13
Attachment 1
26 of 32
-AC N C
EN GINFE i1NGj Sul-,W,W 4!C O.51 Ey cvbil
SAN JUAN CAPISTRANO CP 16102
SECTION C WORK PLAN
Utilities-CNC will submit one complete set of final plans and specifications to all affected utilities and will follow
up with each utility to identify and resolve any conflicts with the improvements.All utility correspondence will be
submitted to the City. CNC will maintain a utility log with the names and contact information for all the utility
purveyors along with the dates and summary of all correspondence with each purveyor.
Specifications-This task consists of preparing the technical provisions based on the Green Book, providing the
bid schedule and editing the boiler plate for this project.
Opinion of Probable Construction Cost- CNC will prepare an itemized quantity estimate and statement of
probable construction cost.
10. Construction Support Services
Bid Support Services will be provided in accordance with the stipulations in the RFP. Construction Phase
Engineering Services will include:
A Attending a pre-construction meeting A Responding to contractor's requests for
A Reviewing contractor's submittals and change information(RFI's)
order request A Preparation of final'as-built"drawings based on
A Site visits to discuss and resolve construction the contractor's redlined set and as required in the
issues in the field RFP
02tional Tasks:
A.Traffic Study-CNC and our consultant LSA will be available to prepare a traffic study upon request from the City,
This segment of Del Obispo Street provides access to the following intersections I driveways:
A Calle Aspero(signal) A Via Vermuelen(signal)
A Community Presbyterian Church(driveway) A Residential driveway
A Mariners Church/Mountain View Church(driveway) A Paseo De La Paz/Hanson's Market
A Oliva Development(Tract 16146)
LSA will prepare an intersection/driveway and arterial segment level of service analysis for pre-and post-project
conditions based the guidelines in the City's Administrative Policy 310.
B.Traffic Control Plan for Field Investigation-CNC is prepared to submit traffic control plans for field investigation
within public right-of-way, if required by the City. Plans will be prepared and signed by a California registered civil
engineer and will be submitted to the City for approval prior to start of field investigation.
C. Hazardous Materials Investigation- If there are preliminary findings/indications during the geotechnical
investigation (Task 7) indicates potential presence of hazardous waste or petroleum hydrocarbons; CNC Team
(DYA)will drill 5 additional borings to a depth of 5 feet, perform Total Petroleum Hydrocarbon (TPH)testing per EPA
test method 8015 on all soil samples and will provide a memorandum summarizing the results of the testing on soil
samples.
D. Phase I Environmental Site Assessment- This task will consist of historical evidence of potential site
contamination to help comply with CEQA document, The ESA will be performed in general accordance with ASTM
E1527.
14
Attachment 1
27 of 32
Del Obis o Street Widening Proiect CIP 161 2 14 City of San Juan Ca istrano
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a
detained progress report that indicates the amount of budget spent on each task. Consultant
will inform City regarding any out-of-scope work being performed by Consultant. This is a time-
and-materials contract.
Attachment 1
28 of 32
EXHIBIT B
j&CNC
ENGI N EERlNCv I S URV i'i FNS i CONSTRUCTION
City of San Juan Capistrano October 16, 2015
Attn: Mr.Paul Meshkin, P.E.
City Engineer/Traffic Engineer
Public Works and Utilities Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Amendment to Proposal for Professional Engineering Services-CIP 16102
Dear Mr. Meshkin,
CNC appreciates the opportunity to participate in the next phase of the selection process for engineering design
services for the City of San Juan Capistrano's CIP 16102. As discussed at our meeting on Wednesday October 14, if
selected by the City of San Juan Capistrano,CNC is prepared to include the following tasks in our scope of services:
1. Retaining Wall Design- CNC will prepare the calculations and construction plans for new retaining walls
similar to the existing geo-grid retaining structure located at the north end of the project at no additional cost.
2. Archeological and Native American Monitoring- CNC Team offers a number of qualified personnel for
archeological monitoring on the site during construction. We have attached the resume for Ms. Deborah
McLean, a certified archeologist for your review. The fee for these services is excluded from this proposal
and will be invoiced separately.
3. SWPPP Sample Testing- Using the EPA methodology and assuming construction starts in August and last
four months, our calculations indicate that this project will be a Risk Level 1. Therefore, no runoff samples
will need to be obtained from the site and tested. Should the parameters of the project change such that it
becomes a Risk Level 2, then CNC has the qualified staff to develop the SWPPP accordingly and conduct
testing at the site. The fee for preparation of the SWPPP is included in our proposal. Field testing or runoff
samples would be extra.
The total not to exceed fee for performance of the services as outlined in our original proposal and as amended
above will be as follows:
Design, R/W Enqirieering&Environmental Document $164,398
Construction Su ort Services $9,368
Total $173,766
Attachment "A" shows the hourly breakdown for performance of individual project tasks. Should you have any
questions about any portion of our proposal,please contact me at any time.
Respectfully Submitted,
CNC Etagineerirag
Sean Nazarie,P.E.
Director of Engineering
Attachments
2121 Alton Parkway • Suite 200 • Irvine • California • 92606 • P.949,863.0588 • www.cnc-eng.com
Attachment 1
29 of 32
ATTACHMENT A
DEL OBISPO STREET WIDENING FROM CALLE ASPORO TO PASEO DE LA PAZ(CIP 16102)
PREPARED FOR CITY OF SAN JUAN CAPISTRANO
PREPARED BY:CNC ENGINEERING
DATE:SEPTEMBER 22,2015(REVISED OCTOBER 15,2015)
PROJ I SURVEY PROJ DESIGN SIJRV Admin SUB OTHER EST TOTAL
TASK DESCRIPTION MGR MGR ENGR ENGR CREW CONTRACT DIRECT TOTAL NTE
$150 $125 $125 $110 $165 $60 LUMP SUM COSTS HRS AMOUNT
1 Meetings&Project Administration 32 4 4 40 55,544
2 Research&Data Collection
Record Drawin s Research 4 8 16 2 $300 30 $3,780
Utility Investigation 4 4 2 $7 250 10 $8.470
3 Survey&Mapping 1 4 16 24 45 $6.370
4 Right-of-Way Engineefiryg 2 24 48 32 $2,200 106 $15,020
5 Proiect Precise Ali nment 6 8 16 30 $3,660
6 lEnvIrannnental Documentalion 8 2 a35Ai5 10 536.465
7 Pavement&Soils Investigation 4 a 515.205 12 $16.805
8 Drainage Improvements a 12 32 52 56,220
13 .Street Lighting 4 8 $10,688 12 $12.288
10 Signing&Striping 4 8 8 20 $2,480
11 Landscape&irrigation 4 - 8 $10.,.760 12 $12,360
12 Street and Off Site improvements__ 6 76 80 164 $19,500
13 SWPPP 4 20 8 32 $3,980
14 WQMP 4 20 8 32 $3.980
15 Special Provisions 8 24 6 36 $4.560
16 Final Opinion of Probable Construction Cost 4 8 12 24 $2,920
Subtotal $164,3984
17 Construction Support Services
Aliend Pre-Const.Meeting 4 4 $500.
Review Submittals&Change Qrder R ubsts 4 8 1 51.194 12 $2,794
Site Meetings 4 B 12 51,600
ilex w,d fo RFls d 8 $1,194 12 $2,794
_ Final As-Built OravAn s3 2 4 8 14 S1,S80
Subtotal $9,358
ESTIMATED LABOR HOURS 1 109 28 L 266 228 24 14 723
TOTAL NOT-TO-EXCEED AMOUNT I SWI,3061 $2.5001 $173,765
O tional Task: _
A Traffic Study&Level of Service Analysis 2 4 1 $7,660 7 58,520
B Traffic Control Plan for Field Investigation 1 2 1 5735 4 $1,195
C Hazardous Waste Investigation 2 4 1 $7.770 $8,630
D Phase I Environmental Site Assessment 2 2 1 $14.000 5 $14,610
Attachment 1
30 of 32
Del Obispo Street Widening_.Project{CIP 161 Q2}_ 15 City of San Juan Cacistrano
EXHIBIT C
Activity Schedule
Attachment 1
31 of 32
EXHIBIT C
ACNCSAN JUAN CAPISTRANO cIP 16102
n In IIM�:f Y. nNal=h.......I:CN
SECTION D PROJECT SCHEDULE
A ,Task Name Duration Start FinishInl I, m Jan>.tFahn,a-Man?ti iApn! ,j,ny t3ease�3tlty A,
�FA�,@IM�,.�MI�;I�,@AmMy!B!M_E a:a�e!A•E B;MIE s M �_e.
1 •NaSre ld Proceoo 0 says FUe}}1!0715 TUB}1114715 �,77Ft0
2
Kcit-00 meelinp 1 day. Tue 11110/15 Toe 11h101'151
3 "•Research&Data Collection 10 days: Thu 11/12115 Wed 111:5115
Surmy&Mapping 7 days Thu 11112)15: Fn 11124115
5 Project Precise Alignment 21 days Mon 1/123715 Wed 12723/15
B _1 Environmental Documentation 150 days Thu 11)12115 Fri 6/17116; c
7 Pav%mrinl&SOO Investigation M Ways TW 1111205 Mon 121280151
I i
8 Drat PS&_and SWPPP 3U duYG Thu 1224i1S' Mon 218/16!
I
i
9 Right-of-Way Engineering 14 days Tue W/16 Mon 229/16 =w
City Review of initial Plan Check 15 days Tue WV15 Mon 3121/16
i
11°AIWt®ss 1st Plan Check Comments - 26 days. Tue W2116. Mon 4118116'
12 ;City Review of 2nd Plan Check 15 days TGB 41!Wi5 Mon 519116 I.
i '
3
)8 Address 2nd Plan Check Comments 10 days: Tua 511W16 Mon 5123/18 ,.,
14�,City Review of 3rd Plan Check 15 days Tue 5Yd4118 Tue 6114116
15 .Address 3W Plan Check Comments 10 days Yded 971511E Tue 6126716
16 .,Final Design Approval 0 days Tue 526116 Tue 628/16
8128
Task 'dot ''a.�_�.�''< Milestone External Tasks
3
Split ...,„.,..,.,.,n Summary External Milestone a�x
Progress Project Summary Deadline
Attachment 1
32 of 32
AMENDMENT NO. I
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
Property Specialists,Inc.
1. Parties and Date.
This Amendment No. 1 to the PROFESSIONAL SERVICES AGREEMENT is made and
entered into as of this day of May, 2017, by and between the City of San Juan Capistrano, a
municipal organization organized under the laws of the State of California with its principal place of
business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and Property
Specialists, Inc. (CPSI) a CORPORATION, with its principal place of business at 26070 Towne
Center Drive, Foothill Ranch, CA 92610 (Consultant). City and Consultant are sometimes
individually referred to as"Party" and collectively as"Parties."
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
Professional Agreement Services for "Right-of-Way support services for Del Obispo Street
Widening Project CIP 16102" dated June 15, 2016 ("Agreement") for the purpose of retaining the
services of Consultant to provide Right-of-Way support services for Del Obispo Street Widening
Project CIP 16102,
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to
revise the scope of services, and increase the not-to-exceed compensation amount by$31,900.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of
the Agreement.
3. Terms.
3.1 Amendment. Section 2b of the Agreement is hereby amended in its entirety to read
as follows:
2b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of S 75.79(1. This amount is to cover all printing and related
costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be
made within 30 days of receipt of an invoice which includes a detailed description of the work
Page ] of 3
6114702100\-)4464451 1
Attachment 2
1 of 23
performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1 all
other provisions of the Agreement remain in full force and effect and shall govem the actions of the
parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever
the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 1.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
Page 2 of 3
61147 02100124464451 1
Attachment 2
2 of 23
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND PROPERTY SPECIALISTS, INC.
CITY OF SAN JUAN CAPISTRANO Property Specialists, Inc.
Approved By.,
Ben Siegel Signature
City Manager war(-e ((a Io(C e-nSe-.,,
Date Name
Attested By: e 5 '
Title
Maria Morris, City Clerk
Date
Approved As To Form:
i�ttorn y
Page 3 of 3
61147 0210024464451 1
Attachment 2
3 of 23
MEMORANDUM
To: Paul Meshkin, Sr. Civil Engineer
From: Brett Paulson, Project Manager
Subject: Del Obispo Widening Project
Date: May 15, 2017
CPSI successfully completed the original scope of work by negotiating all land rights required for
the City's project; however,we were required to spend more manpower hours than anticipated.
The initial CPSI scope of work was to prepare valuations, offer packages and negotiate one
permanent easement, and six temporary construction easements based on a preliminary design
concept. After we were authorized to proceed, we immediately began the property valuation
analysis and prepared the draft reports.We were then advised that the project had not received
CEQA approval and all activities were on hold until further notice.
In March 2017, CPSI was provided with updated design plans that identified the need for three
permanent easements and six temporary construction easements. We updated the valuations
and prepared offer packages and supporting documents for the necessary rights, but were still
not able to meet with the property owners until after the City approved the CEQA document on
March 21, 2017. Immediately after, CPSI was advised that the property rights must be secured
within a couple of weeks to allow the City to bid the project for construction and secure the
funding. We aggressively met with owners and presented offer packages and negotiated terms
outside normal acquisition programs to meet the requests of the property owners and deliver
signed agreements to the City. During this process, CPSI was asked to prepare and obtain Right
of Entry forms for geotech services.
Even though the project was delayed and we were required to update the valuations,the scope
changed to include additional land rights and right of entries and the negotiations were
condensed with quite exceptional terms requested by owners. CPSI has completed the original
scope of work within the original fee of $39,990; however, we are currently out of budget to
provide the additional services required to execute the terms of the agreements, coordinate
property issues during construction and assist the City with the proposed abandonment process
and title clearance coordination.Therefore, CPSI is requesting a budget increase for the following
additional tasks:
Task 1 - Escrow Services: Provide the City with internal escrow services to assist with document
recording and process payments, or confirm completion of other terms of the agreements.
Task 2-Property Owner Liaison: Provide coordination and effectuate proper communication with
property owners, the City, and the contractor before, during and after construction activities to
assist with access, owner concerns, and prevent additional claims from unmet expectations.
Attachment 2
4 of 23
Task 3-Right of Way(ROW)Abandonment Process: Assist the City with research and preparation
for the proposed abandonment of the unnecessary ROW, upon project completion. The
agreements with several property owners require this activity to be performed at the completion
of the project. Activities will include developing an action plan, schedule, coordination of
meetings with stakeholders, (e.g., utility companies, City staff, etc.), requesting and reviewing
survey data and legal descriptions, coordination with title companies as required, and
recordation of documents.
Task 4-Title Clearance Coordination: Per the terms of an agreement with one property owner,
the City is responsible to clear certain title exceptions from the title report. CPSI will work with City
staff to provide sufficient supporting documentation, record necessary documents, and
coordinate with the title company to assume risk of removing these title issues through a title policy
paid by the City on behalf of the property owner.
Task 5- Project Close Out: Update all final reports, files, etc. and provide to the City to maintain,
as required by City standards.
Original Purchase Order Amount Del Obispo Widening Project: $39,990
Estimated additional hours for additional tasks referenced herein:
HOURSL TASK • TOTAL
Task 1: Escrow Services 20 $110 $2,200
Task 2: Property Owner Liaison 40 $150 $6,000
Task 3: ROW Abandonment Process 80 $150 $12,000
Task 4:Title Clearance Coordination 60 $150 $9,000
Task 5: Project Close-Out 20 $110 $2,200
Other Direct Costs(mileage, postage) $500.00
Assumptions:Project design plans, construction drawings, surveys and legal descriptions are to be
provided by others. The City will cooperate with providing supporting documentation as available
to assist in the clearing of title issues. Title insurance policy is to be paid by City. Project construction
is due to commence approximately September 2017 and be completed by May 2018 (nine
months). Weekly contact with project stakeholders will be required throughout term
of construction.
If the City finds the additional work provided acceptable, please sign below as authorization to
invoice for the expended costs.
Approved by Date
Attachment 2
5 of 23
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of 20_CQ by and
between the City of San Juan Capistrano, a municipal corporation organized and operating
under the laws of the State of California with its principal place of business at 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675 ("City"), and Property Specialists, Inc. California
Corporation, dba California Property Specialists, with its principal place of business at 26070
Towne Centre Drive, Foothill Ranch, CA 92610(hereinafter referred to as "Consultant"). City
and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in
this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Del Obispo Street Widening Project (Calle Aspero to Paseo De La
Paz) (hereinafter referred to as"the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW,THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit"A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit"B."
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of Forty Three Thousand Eight Hundred
Ninety dollars ($43,890), which includes 10% contingency and use of contingency will require
prior City's approval. This amount is to cover all printing and related costs, and the City will not
pay any additional fees for printing expenses. Periodic payments shall be made within 30 days
of receipt of an invoice which includes a detailed description of the work performed. Payments
to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
1
61147.02100\26 197113.1
Attachment 2
6 of 23
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required hereunder within 270 Calendar
days. The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8. Standard of Care
2
61147.02100128197113.1
Attachment 2
7 of 23
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
3
61147 02100\28197113.1
Attachment 2
8 of 23
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. AUtamobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
C. Workers' Compensation/Emplover's Liability,
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
4
61147 021 00\28 197113.1
Attachment 2
9 of 23
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must"pay on behalf of the insured and must include a provision establishing the insurer's
duty to defend.
e. Minimum Policv Limits Required
(i) The following insurance limits are required for the Agreement:
Combined. Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Rec
juired
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
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during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration,
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) W the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
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61147 02100128197113 1
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(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance
of the Consultant's services, the Project or this Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services
are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers .
b. Additional Indemnity Obliciations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered
by this section that may be brought or instituted against the City, its officials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials, officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by the City, its officials, officers, employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
7
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witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq.,which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects. If
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices, hours of labor
and debarment of contractors and subcontractors.
b. If the Services are being performed as part of an applicable"public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
8
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of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
19. Organization.
Consultant shall assign Kent Jorgensen as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of A re ment.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY: CONSULTANT:
City of San Juan Capistrano California Property Specialists, Inc.
32400 Paseo Adelanto 26070 Towne Centre Drive
San Juan Capistrano, CA 92675 Foothill Ranch, CA 92610
Attn: George Alvarez, City Engineer Attn: Marcie Jorgensen
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
23. Equal Opgortuni!y Employment.
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Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
24. Entire I .greernent
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
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from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND CALIFORNIA PROPERTY SPECIALISTS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO PROPERTY SPECIALISTS, INC.
dba California Property Specialists
By: .ti r By:.,/ �en Marcella Jorge
City h1anage President and CEO
ATTEST:
By:
it lerk
APPROVED AS TO FORM:
Jeffrey S. Ballingtrr
City Attorney
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EXHIBIT A
Scope of Services
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WORK PLAN AND SCHEDULE
EXHIBIT A
PROJECT UNDERSTANDING
CPSI understands that the City requires eight of ray acquisition services for the Del Obispo Street Widening Project,
which swill widen Del Obispo Street on its west side between Calle Aspero and Paseo De La Paz.As a result,an additional
lane,bike lane and side,/alk witl be added.This project will affect approximately 750 feet of Del Obispo Street.
We wilt provide appraisal and acquisition services for additional right of way and temporary construction easements
(TCEs) for the following six parcels
APN 673.111-21 APN 673-111-17 APN 673-111-16
OWNER: TAYLOR FAMILY TRUST OWNER; FALKLAM HARRY -1VI iER� FALKLAM HARRY
PERMANENT TAKE: 737 SF GHG REVOC TR GHG REVOC TR
TCE; 879 SF TCE; 79 SF 3,274 SF
APN 673-111-28 APN 673-061-10 APN 121-181-13
9
OWNER: DRCP HOLDINGS LLC OWNER: 32331 DEL OBISPO LLC OWNER: UNKNOWN
TCE: 2,895 SF TCE; 1,955 SF TCE 1,416 SF
n
Attachment 2
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•
PROJECT DELIVERABLE PI-AN
CPSI will take the lead,coordinate,manage and be responsible for comprehensive full-service right of way acquisition
services from concept to completion.
CPSI's approach to the City's project is to be more thanjust your consultant.At the start of our working relationship,we will
consider ourselves to be a part of your team,equally invested in your goats and objectives and working collaboratively
with your staff on a daily basis.An outline of our approach for the Del Obispo Street Widening Project is provided below:
* Meet with the City and your designated design consultant to ensure design,appraisal and right of way impacts are
coordinated and on schedule,as well as listen to the City's concerns and address any issues that may arise.
* Schedule regular meetings with the entire CPSI right of way team to ensure that project deliverables stay on
schedule and within budget.
® Manage and maintain our quality control program to ensure compliance with both City and CPSI requirements.
a Prepare and deliver written progress status reports for cases,
Update each parcel file checklist(our Oversight Broker Kent Jorgensen will conduct weekly reviews of the project
reporting to ensure compliance with City and regulatory requirements)
o Meet with the City on a regular basis to report progress of expected deliverables, including the identification of
critical project action items.
* Monitor and update project schedules utilizing Microsoft Project software.
* Participate in project and public meetings,as required.
* Implement strategic steps to meet goals and timelines.
* Prepare and implement an effective project management plan.
• Conduct research and analyses to support the goals and objectives of the project.
• Finalize work product,provide services and prepare and deliver presentations to City staff and stakeholders,
as appropriate.
CPSI will coordinate the preparation of appraisal reports that will be used for the proposed acquisition of property rights
for the six parcels required to support the City for the Del Obispo Street Widening Project.The appraisal report will be
used to establish the fair market value and become the basis for the determination of Just Compensation set by the
City.The appraiser will complete a Summary Appraisal Report in accordance with the Uniform Standard of Professional
Appraisal Practice and California Code of Civil Procedure.
CPSI only works with licensed and highly qualified appraisal firms to provide the services identified herein. With
unparalleled expertise, our project managers and acquisition agents can review and comprehend the most technical
appraisal assignments,which translate into a more comprehensive offer presentation.
Wewill perform the required acquisition services in accordancewith the Uniform Relocation and Real Property Acquisition
Act(49 CFR Part 2-4),as amended; the California Relocation Assistance and Real Property Acquisition Guidelines(Title
25,California Code of Regulations);the Caltrans Right of Way Manual;and the City's own policies and procedures.Our
general approach follows:
Attachment 2
20 of 23
a Meet with the City to review the project scope.schedule and deliverables and then prepare a right of way acquisition
plan to ensure final delivery of all services.
* Update the City regarding the acquisition status and communicate regularly with the City verbally and/or via email.
* Review preliminary title reports,condition of title, including areas of concern,and primary appraisals to prepare for
negotiations.
LA
* Review appraisal reports in sufficient detail to prepare for negotiations with property owners and other parties to acquire
the appropriate interests in the real property to support the project.Offer packages will be prepared in accordance with
the California Code of Civil Procedure.Documents that may be included are:offer letter.appraisal summary statement,
purchase and sale agreement, escrow instructions, conveying instrument, certificate of acceptance and Title VI
information.When it is appropriate or desirable.a permit to enter or right of entry will be negotiated for phase one and
two of environmental testing.
In preparing offer packages,and when applicable,we will coordinate with the appraiser and furniture, fixtures and
equipment appraiser to ensure that ownership of furniture,fixtures and equipment is determined before assigning
values and that the appraisal includes values for furniture,fixtures and equipment, In our experience,taking these
extra steps often eliminates ownership and financial issues later in negotiations.
Prepare and maintain a complete file for the parcel.The file will include a parcel diary of all pertinent information and
contacts made relative to the negotiations,
m Acquire permits to enter or rights of entry as interim steps in the acquisition process.as necessary,to preserve the
integrity of the project schedule.
m Personally meet and negotiate with the property owner, his or her agent or representative. commercial tenants or
lessees in good faith and at appointed times convenient for them.The City will be notified if facts are discovered that
were not considered in the offer of Just Compensation.
m Promptly transmit all executed documents (acquisition agreements, executed deeds, rental statements and
statements of information, etc,) to the City for acceptance and processing. A report/transmittal summarizing the
pertinent data relative to the transaction will be included.
o Recommend condemnation action,and provide support,when negotiations have reached an impasse.The required
justification will be submitted in writing to the City.
a Coordinate the opening of escrow,assist the escrow company in obtaining additional documentation,as necessary,
and review the closing document for completeness and accuracy.
m The original acquisition file will be reviewed for completeness,quality control and accuracy and then returned to the
City for proper record retention based on their policies and procedures or funding source requirements.
Acquisition Ueetiverabtes
M
rn
•
7
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21 of 23
CPS1 FEE PROPOSAL EXHIBIT B
CPSI has provided our not-to-exceed fee proposal and schedule of hourly rates below.
SERVICE PARCELS FEE
Project Management
(20 hours at$150/)70ur) $ 3,000
Preliminary Title Reports $ 540 6 $ 3,240
Legal Description and Plat Maps $1,500 6 $ 9,000
Appraisal
Summary Appraisal Reports $2,250 3 $ 6,750
Waiver Valuations $1,500 3 $ 4,500
Acquisition Services
(TCE Only Parcels) $2,000 5 $10,000
Acquisition Services
(Part-Take& TCE Only Parcel) $3,000 1 $ 3,000
Other Direct Charges
E.G. Mileage, Postage, Copies) $ 500
TOTAL NOT-TO-EXCEED FEE $39,990
SCHEDULE OF HOURLY RATES
CLASSIFICATION HOURLY RATE
Project Manager $150
Senior Acquisition Agent $110
Project Coordinator $ 75
Appraisal Flat Fee/Report
TERMS OF PAYMENT
Invoices will be submitted monthly. Rates will be valid for 18-months from execution of contract.
Attachment 2
PROJEC -. SCHEDULE EXHIBIT C
CPSI understands that this project is a high priority for the City:therefore.we are prepared to begin work immediately upon receipt of a notice to proceed.Our
schedule below outlines project milestones and deliverables based on a start date of early May 2o16.
Del Obispo Street Widening Project,CIP 16102
RIGHT OF WAY SCHEDULE
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` Ojett Management 100 days, Mon 5/9/16 Fri 9123 16
dCity Issues Notice To Proceed 1 day, Mon 5/9/16 Mon w9/i a,
q 3 Review Tide Reports and Legal Descriptions 5 days Tue S/10/16 Mon 5/1GI lG i`
� r
Meetings and Status Reporting 94 days Tue 5/17/16 Fri 9/23/161
!Right of way Acquisition 94 days Tue 5/17/16 Fri 9/23/16
Issue Notice of Intent To Appraise 1 day, Tue 5/17/16 Tue 5/17/16
' Complete Appraisals 20 days Wed 5/18/16 Tue 6/14/16.
a City Approval of Just Compensation 1 day Wed 6/15/16 Wed 6/15/16
g Preparation of Offer Packages 2 days Thu 6/16/16 Fri 6/17/16 ir
Present Offer Packages 10 days Mon 6/20/16 Fri 7/1/1f L
Negotiation Process 40 days Mon 7/4/16 Fri 8/26/161
,2 Escrows Completion or ROE obtained 20 days Mon 8/29/16 Fri 9/23/16`
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