02-1205_RJM DESIGN GROUP, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this V day of
by and between the City of San Juan Capistrano (hereinafter referred to as the "City")
and RJM Design Group, Inc. (hereinafter referred to as "Consultant').
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide landscape architectural consultant services for the Orange County
Head Start site; and,
WHEREAS, Consultant is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as
set forth in the Consultant's proposal dated July 11, 2002 (Exhibit "A") attached and
incorporated herein by reference.
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Tenn.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed by no later than January 1, 2004.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
twelve thousand dollars ($12,000), per the consultants proposal dated July 11, 2002
attached and incorporated herein by reference.
3.2 Rate Schedule.
The services shall be billed to the City at the hourly rate set forth in Exhibit "A,"
attached and incorporated herein by reference. Included within the compensation are
all the Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to
perform the stipulated services. Submittals shall be in accordance with Consultant's
proposal.
3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services, which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement. These records will be made available
at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Consultant is
permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Consultant. City will deal directly with and will make all
payments to Consultant.
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Section 6. Changes to Scone of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including
but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated
the work to be performed; (2) it has investigated the proposed construction site,
Nie Ieeafie of '*and (3) it
understands the facilities, difficulties and restrictions of the work under this Agreement.
Should Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, it shall immediately inform City of
this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
Work Product.
At the completion of the contract period, Consultant shall have delivered to City
at least one (1) copy of any final reports and architectural drawings containing
Consultant's findings, conclusions, and recommendations with any support
documentation. All reports submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and
approval of the City.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Consultant agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Consultant's
professional services.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Consultant arising out of or in connection with the work, operation or
activities of Consultant, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
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$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit the
insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors
and Omissions Coverage (professional liability coverage) in an amount of not less than
One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement,
Consultant shall submit an insurance certificate to the City Clerk's office for certification
that the insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions have
been satisfied.
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14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn.: Public Works Director
To Consultant: RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
Attention: Larry Ryan
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
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Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
R. Monahan,
APPROVED AS TO FORM:
John R. haw, City Attorney
Chi 7�'. WITNIF1 E, _ : _ ► e
City Manager
CONSULTANT
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July 11, 2002
Mr. Joe Mankawich
MUM
DESIGN GROUP, INC.
PLANNING AND LANDSCAPE ARCHITECTURE
Associate Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RE: Proposal for Professional Design Services
Head Start Center
Dear Joe:
As you have requested, we are pleased to submit this proposal for landscape architectural services
for the Head Start Center in the City of San Juan Capistrano.
SCOPE OF WORK
The following is a summary of our scope of work as it relates to the development to be included
under this agreement:
DESIGN DEVELOPMENT
A. Identify and determine all major landscape architectural components, sizes, and
locations.
B. Coordinate Design Development design specifically with architectural and civil
engineering site plans. (walks, walls, and fencing locations and details
improvement plans.
C. Assemble product literature and preliminary details explaining and illustrating all
components and/or systems being utilized.
D. Prepare Landscape Design Development plan.
Head Start Center
002-103R
11/26/02
EXHIBIT "A"
2. CONSTRUCTION WCUMENTS
A. Attend 1 (one) coordination meetings.
B. Coordinate with other consultants.
C. Prepare Construction Documents:
1. Construction layout plan (walks, fences and walls)
2. Irrigation Plan
3. Details
Note: Construction, grading, sewer, water and electrical improvement plans are
note included within this scope of work.
D. Prepare typed final technical specifications (Part 2 and Part 3) utilizing the
"Greenbook" format. General provisions are to be provided by the City.
E. Revise drawings for (2) plan checks by reviewing city departments.
F. Final itemized cost estimate.
G. Submit final plans to City for printing and distribution to bidders.
3. BIDDING AND NEGOTIATIONS
A. Respond to City with all clarifications and addenda items.
B. Provide addenda to City as required to clarify project documents.
C. Assist with post -bid analysis of landscape architectural components, if required.
4. CONSTRUCTION AND POST CONSTRUCTION
A. Provide 2 (two) field observation trips and 1(one) final job site observation.
B. Provide clarifications when required.
C. Review shop drawings and submittals.
D. Prepare landscape architectural final punch list.
E. Review contractor provided "as -built' drawings.
Head Start Center 2
002-103R
11/26/02
COMPENSATION
BASIC FEE
Compensation for the above professional services will be billed on an hourly basis for an
estimated not to exceed fee of $12,000.00. This fee includes all costs to be incurred by
the Landscape Architect with the exception of selected supplemental services and all
reimbursable expenses. The fee will be as follows:
Design Development Phase $2,500.00
Construction Document Phase $8,000.00
Bidding and Negotiations Phase (Hourly as requested) $ 00.00
Construction and Post Construction Phase (Hourly as requested) $ 1000.00
TOTAL $11,500.00
2. REIMBURSABLE EXPENSES (Estimate $500)
When incurred, the following project expenses will be billed at cost plus 15% handling fee:
Reprographic printing, plotting, postage and delivery services.
Site measurement, survey or grade checking to determine "as built" conditions.
Permits, plan check and inspection fees
Soils testing
Arborist for review of existing trees.
Verification of existing "as built" irrigation infrastructure.
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Payments will be due and payable on a monthly basis following the completion of any
substantial phase of work. Carrying charges for overdue accounts beyond 30 days of
billing date are charged at 1-1/2% of the amount due, compounded monthly.
4. SUPPLEMENTAL SERVICES
The following services will be performed at your request, and shall be considered
additional services to the above, reimbursable on an hourly basis:
A. Preparation of AB325 Controller Charts (if required).
B. Revisions to the preliminary landscape plan as a result of agency review or
significant site plan refinements shall be per the attached standard hourly rates.
C. Revisions to the work following authorization by client to proceed with working
drawings, changes in scope or modification of the project, design of and/or
participation in work beyond the designated site.
Head Start Center
002-103R
11/26/02
D. Formal biddies procedures and/or contract negotiations with contractors.
E. Providing additional on-site observation during construction ($300.00 per trip).
Compensation for supplemental services will be on an hourly basis at our standard rates as
follows:
RJM DesignGroup. Inc.
PRINCIPAL
LANDSCAPE ARCHITECT
DESIGNER
SENIOR DRAFTSPERSON
JUNIOR DRAFTSPERSON
FIELD OBSERVATION
WORD PROCESSOR
$110 - $130 per hour
$100.00 per hour
$ 90.00 per hour
$ 60 - $75 per hour
$ 60.00 per hour
$ 90.00 per hour
$ 48.00 per hour
Fees will be escalated each August 1 st, 2003, in accordance with any increase in the Consumer's
Price Index or other mutually agreed upon cost index.
5. CONSULTANTS
A. No special consulting services are included as part of the professional services.
B. If it is in the interest of the project to engage or retain the services of any other
consultants (civil engineer, structural engineer or electrical engineer), then upon
Client's written authorization, RJM Design Group may engage or retain any such
consultant, and the engagement of each consultant shall be an expenditure
reimbursable to RJM Design Group, plus a 15% coordination fee.
C. Should the services of an arbortist, horticultural, surveyor, geologist or soils
engineer be required, the Client shall select, retain or engage such consultant
directly.
Thank you for the opportunity to submit this proposal. We look forward to working with you on
this exciting project.
Sincerely,
RJM DESIGN GROUP, INC.
I"tLarry P Ry L. ., #LA2502
Princip
Head Start Center
002-103R
11/26/02
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