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10-0111_RJM DESIGN GROUP, INC_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 11th day of January, 2010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and RJM Design Group, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to provide assist the City with the grant funding process and associated activities related to the development of a conceptual design for a Skate.Park in the City of San Juan Capistrano; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A," attached hereto and incorporated herein by this reference as though set forth in full). To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Each party warrants that all of its services shall be performed in a competent, . professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed on or before March 1, 2010. Section 3. Compensation and Pricing. 3.1 Amount. Total compensation for the services hereunder shall not exceed $13,000, as set forth in Exhibit "B," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by the Agreement. These records will be made available at reasonable times to City. Section 4. Independent Consultant. It is agreed that the Consultant shall act and be an independent Consultant and not an agent of employee of the 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 the Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed, (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. VA Section 8. Time of Essence Time is of the essence in the performance of this Agreement Section 9. Compliance with Law• E-Veri . 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at ttt://www.uscis.gc!y, or access the registration page atI/w_.v� dhcnfornicrrsttia. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, K 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. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective appointive boards, officers, agents and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 4 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amount not less than one-half million dollars $500,000 combined single limits per occurrence property damage and personal injury. 94.3 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 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.5 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 policy 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 coverage/s 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. 5 Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the Agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 25925 Camino del Avian San Juan Capistrano, CA 92675 Attn: Karen Crocker, Community Services Director To Consultant: Robert J. Mueting, Principal RJM Design Group, Inc. 31591 Camino Capistrano San Juan Capistrano, CA 92675 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 Services ("JAMS"). Section 19. Entire Agreement This Agreement and Exhibit "A" and "B" constitute the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertain to the subject matter thereof. N. Section 14 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"). [SIGNATURE PAGE TO FOLLOW] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: ow�o Omar Sand6v91, City Attorne CITY OF SAN JUAN CAPISTRANO By: Joe Tai , 6ity Manager RJM Design Group, Inc. Rdbert J. M�ting Principal, R M De gn Gr , Inc. Exhibit "A": Scope of Work Exhibit B: Display Agreement; Display Agreement; Display Checklist SCOPE OF WORK FOR THE SAN JUAN CAPISTRANO SKATE PARK TASK 1, PRELIMINARY FEASIBILITY ASSESSMENT Review and analyze available information regarding site location, environmental challenges, and demographics. Assist City with assessment of recreational value to address feasibility of competitiveness for Proposition 84 grant funding. TASK 2, COMMUNITY BASED WORKSHOP PLANNING PROCESS Engage the community in a series of interactive workshops on or near the project site that provides design and programming input from residents. a. Preview and coordination meeting with City prior to Workshop b. Workshop #1: (On same day as Workshops 2 and 3) Provide a site tour to educate the community on the existing features, constraints and opportunities of the site. Conduct awareness tour on-site. c. Workshop #2: (On same day as Workshops 1 & 3) Conduct a community program discussion workshop. Lead a series of small group discussions regarding the use of the land, recreation opportunities, desired Skate Park facilities and priorities. d. Workshop #3: (On same day as Workshops 1 & 2) Conduct design charrette. Lead a design charrette that gives the attendees an opportunity to design the program elements, facilities and locations of amenities on the Skate Park site. Consultant team will refine the input into a preliminary design plan and cost estimate. e. Workshop Evaluation: We will evaluate and compile consensus information from workshop input for review and discussion with City staff. Meeting with City staff to present workshop results. Workshop Summary: Compile summary of workshop consensus items and submit to City for review. Bubble Diagram: Compile a summary bubble diagram of design charrette consensus plan(s) showing spatial relationships, site facilities and circulation, and Power Point Summary. Submit to City for review. ■ �� iii. Preliminary Site Pian: Prepare Preliminary Site Plan concept, and Power Point Summary. Submit to City for review. f. Meeting with City to review summary documents. MEETINGS: (2) Meetings with City (3) Community Workshops: Site Awareness Tour, Program and Issues Discussion, and Design Charrette PRODUCTS: Project Information Power Point, Site Tour Workbook, Workshop Summary, Diagrammatic Pians, Preliminary Site Plan and Power Point Summary TASK 3. PRELIMINARY SITE PLAN DEVELOPMENT Based upon design and programming input from the community, finalize the preliminary site plan and phasing plan based upon priorities identified by the workshop planning process. Provide preliminary probable construction cost estimate structured to follow the concept plan. a. Revise Preliminary Site Plan: Revise Preliminary Site Plan based upon input received from the City. b. Workshop #4: Conduct a feedback workshop "block party" in coordination with the City staff to present the summary information including bubble diagrams, the consensus diagram and the Preliminary Site Plan. Receive input from workshop participants to gather comments on the results of the preliminary design, sustainability, youth and volunteerism. C. Refine Preliminary Site Plan: Refine Preliminary Site Plan based upon input received from Workshop #4 and the City. d. Construction Cost: Prepare preliminary opinion of probable construction costs, itemized to conform with grant requirements. MEETINGS: (1) City Staff Meeting (1) Community Workshop PRODUCTS: Project Summary Power Point Presentation, Preliminary Site Plan, Preliminary Opinion of Probable Construction Costs TASK 4. GRANT APPLICATION PACKET A. Meeting with City to gather data; prepare project description, plans and supporting documents to assist with a complete and competitive application packet. The following items shall be included: a. Grant Application Form (City) b. Draft Authorizing Resolution (City) c. Itemize Cost Estimate, to conform with grant requirements d. Prepare Service Area Income Demographics Report (City) e. Complete Recreation Land Availability Assessment (City) f. Identify Project Funding description (City) g. Describe Sustainable Techniques h. Assist City with the CEQA Initial Study (not including technical investigations such as biological, geological, archaeological or other special studies). i. Verify Land Tenure (City) j. Conceptual Site Plan k. Describe Community Based Planning Process (City) I. Clarify Project Fees and Hours of Operation (City) m. Describe Youth Outdoor Learning, Employment or Volunteer Opportunities (City) n. Community Challenges and Project Benefits description (City) B. Draft Review: Provide administrative draft (95% complete) Application Packet (Items c, g, h, and j above) to City for review and editing. C. Final Filing: Provide final Application Package (Items c, g, h, and j above) to City to finalize and submit to the State OGALS (Office of Grants and Local Services) prior to the application deadline of March 1, 2019. MEETINGS: (1) City Staff Meeting PRODUCTS: (1) Copy of Final Grant Application items (c, g, h, and j) for one project site to City. PROPOSITION 84 GRANT APPLICATION FOR THE CITY OF SAN JUAN CAPISTRANO FEE PROPOSAL FEE SCHEDULE It is the objective of our Design Team to provide the most comprehensive, yet efficient, approach to the development of the Proposition 84 Grant Application for the City of San Juan Capistrano. This fee includes all costs to be incurred by RJM Design Group, Inc. with the exception of selected supplemental services and reimbursable expenses. Fees for the work are as follows; Task Menu Estimated Fee Task 1 —Preliminary Feasibility Assessment $ 500.00 Task 2 — Community Based Workshop Planning Process a. Workshop #2 $'1,500.00 b. Workshop #3 $'1,000.00 c. Workshop #4 $ 1,500.00 d. Workshop Evaluation $ 3,500.00 Task 3 — Preliminary Site Plan Development $ 3,500.00 Task 4 -- Grant Application Package Elements $ 1,500.00 Total Fee: $1,31000.00 Note: We anticipate a very streamlined process to meet the application deadline of March 1, 2010, and to keep costs to a minimum. REIMBURSABLE EXPENSES All reimbursable costs including printing, reproduction, photo and delivery will be billed to the City in addition to the basic fee at cost plus 15%. To avoid an allowance for reimbursable printing, we suggest that the City open an account with a local blueprinting company, which would save the City dollars allotted to consultant administration and mark up. When incurred, the following expenses will be billed at cost plus 15% handling fee: • All consultant reproduction • Printing, plotting, copying, photography, graphic expenses, special delivery and handling of documents, and shipping • Permits, plan check, and inspection fees PAYMENTS 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 1-112% of the amount due, compounded monthly. ASSUMPTIONS The above fee proposal is based upon the following assumptions: A. The fee is based on the utilization of existing information, and City staff providing community workshop planning process assistance and coordination for one park site. ADDITIONAL 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. Additional meetings and site visits beyond those identified in the Scope of Services. B. Exhibit preparation beyond that identified in the Scope of Services. C. Revisions to the work following authorization by client to proceed. Changes in scope or modifications of the project. Design of and/or participation in work beyond the designated site. D. Preparation of mitigated negative declaration and/or special studies. E. RJM shall provide the necessary Site Plan "refinements" requested by the City for two reviews. All changes after two reviews shall be done in accordance with the attached Standard Hourly Fee Schedule. F. If it is in the interest of the project to engage or retain the services of any other consultants (graphic designer, civil engineer, architect, utilities consultant, etc.), then upon Client's written authorization, RJM Design Group, Inc. may engage or retain any such consultant, and the engagement of each consultant shall be an expenditure reimbursable to RJM Design Group, Inc., plus a 15% coordination fee. G. Should the services of geologist, soils engineer, biologist or environmental consultant be required, the Client shall select, retain, or engage such consultant d irectly. CONSULTANTS STANDARD HOURLY FEE SCHEDULE No special consulting services other than those identified are included as part of the professional services. Compensation for supplemental services will be on an hourly basis at our standard rates as follows: RJIVI DESIGN GROUP, INC. PRINCIPAL LANDSCAPE ARCHITECT $145.00 - $165.00 per hour ASSOCIATE LANDSCAPE ARCHITECT LANDSCAPE ARCHITECT 1 PROJECT MANAGER JOB CAPTAIN 1 LANDSCAPE DESIGNER CADD TECHNICIAN DRAFTSPERSON WORD PROCESSOR $130.00 - $140.00 per hour $115.00 - $125.00 per hour $100.00 - $110.00 per hour $ 35.00 - $ 95.00 per hour $ 70.00 - $ 80.00 per hour $ 55.00 - $ 65.00 per hour AGONIA AND ASSOCIATES PUBLIC FACILITATION - PRINCIPAL $150.00 per hour MANAGING PRINCIPAL $150.00 per hour MANAGING PRINCIPAL (Government rate) $ 135.00 per hour ASSOCIATE $ 85.00 per hour INTERN $ 50.00 per hour CLERICAL $ 35.00 per hour Billings for all time and materials and contract extension work shall be in accordance with the level of work performed and will be broken into the categories listed above. Fees will be escalated each August 1 st in accordance with any increase in the Consumer's Price Index or other mutually agreed upon cost index, beginning with August 1, 2010. All provisions for fee escalation pertain to all contract extensions and additional work. „Christy Jakl From: Christy Jakl Sent: Monday, February 01, 2010 12:18 PM To: Karen Crocker Cc: Cynthia Alexander Subject: RJM - E -Verify Certificate Attachments: E -Verify Sample.pdf Good Afternoon and Happy Monday, Our office has not yet received the E -verify Certificate per Section 9 of their contract. They had 16 days from the date of the contract to fulfill this requirement. They were reminded of this requirement by our office in a transmittal dated 1/14/2010. Since our office has not yet received this certificate, they have been placed on Non -Pay until the certificate is received. Please let me know if you have any questions. I've attached a sample certificate. Sincerely, Christ-� lakt Administrative Specialist, City Clerk's Office City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-5310 1 (949)493-1053 fax Today's Date: 118110 Transmittal Routing (Check All That Apply) City Attorney City Manager ® City Clerk CIP No. (if any): Project Manager's Last Name: Crocker Phone Extension: 6389 LJ Mayor J CRA Chair El City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Names Street city St Zi C01, C, l A .il 111 Form Date: 01-2004 D-7 32400 PASEO A€ FLANTO SAN JUAN CAPISTRANO, CA 92675 (949) .493-1171 (949) 493-1153 FAX wwwsmijua n capistrano. org TRANSMITTAL 10 RJM Design Group, Inc Attn: Robert J. Mueting, Principal 31591 Camino Capistrano San Juan Capistrano, CA 92675 DATE: January 14, 2010 i MEMBERS OF THE CITY COUNCIL 1 r[¢ePUHA1tG SAM ALLEVATO LAURA FREESE I [STfilIISRER i6I THOMAS W. HRIBAR 1776 MARK NIELSEN 4 DR. LONDRES USO FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310 RE: Personal Services Agreement — Conceptual Design for a Skate Park Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Keep in mind this documentation must remain current with our office during the term of this agreement. Please be aware, our office still needs to receive an E -verify certificate as outlined in your contract under Section 9. If you have questions related to insurance and E -verify requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Karen Crocker, Community Services Director at (949) 443-6389. An original agreement is enclosed for your records. Cc: Karen Crocker, Community Services Director San .Juan Capistrano: Neserving the Past to Enhance the Futui-e 0 Prinledon 100% recydedpaper