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.
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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.
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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]
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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
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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
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