10-1006_PROJECT DIMENSIONS, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT
OL
THIS AGREEMENT is made, entered into, and shall become effective this day
AIM 2010, by and between the City of San Juan Capistrano (hereinafter referred to
as the "City") and Project Dimensions, Inc. (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide construction management and consulting services for as yet to be
defined "Specific Projects"; 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 providing
engineering design and consulting services as required for Specific Projects, The Specific
Projects are to be defined in the course of this Agreement by a request for proposals
issued by the City and a companion proposal for the Specific Project by Consultant. To
the extent that there are any conflicts between the provisions described in Exhibit "A" and
the Specific Project those provisions contained within this Agreement, shall control.
Section 2. Term,
This Agreement shall commence on the effective date and shall terminate, and all
-services required hereunder shall be completed, no later than One (1) year from the
effective date.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $50,000 per
fiscal year including all expenses per the Specific Project according to the schedule of
costs set forth in Exhibit "A," attached and incorporated herein by reference
The amount stipulated above is not a guarantee by the City to Consultant that said amount
will be received. Rather it represents the maximum permitted amount without further City
Council approval. Consultant may not depend on the availability of Specific Projects nor
that it will be selected to receive any work.
Attachment 1
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 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 S. Limitations Upon Subcontracting and Assi nment.
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.
Section 6. Chancres 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 it has or will prior to
submission of a proposal for a Specific Project: (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.
Section S. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law, E-Verii .
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 hftp://www.uscis.gov or
access the registration page at https://www.vis-dhs.com/employerregistration. 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.
3
Section 12. Ownership of Documents.
ACI 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.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and 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 andlor 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 Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A -Class 1111 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
112
Liability Insurance form or other farm 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.
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 an amount not less than one million dollars per occurrence
($1,000,000.00).
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 naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
14.6 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.
14.6 Notice of Can cellation/Terrnination 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.
5
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
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 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 ether 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
Atte: William Curry
To Consultant: Project dimensions, Inc.
3 Parr Plaza, Suite 1490
Irvine, CA 92614
Attn: Stephen P. Sandland
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.
C
Section 18. Dispute Resolution,
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
APPROVED AS TO FORM:
1 I;
City Attorne
CITY OF SAN JUAN CAPISTRANO
By:
JoeQa!,!t,,1q1ty Manager
CONSULTANT
In
r1
Today's Date:(6—s—(10
CtP No. (if any):
Project Manager's Last Name: VAP,�-
Council or CRA Meeting Date (if applicable):
Transmittal Routing
(Check All That Apply)
City Attorney
City Manager
�J City Clerk
Phone Extension:
Provide (1) executed original contract for each signing party, including the City. If the agreement is to be
recorded 4 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 Cit St Zi
Form Date: 01-2004 D - 7
Chris Jaki
From:
Christy Jakl
Sent:
Wednesday, August 18; 2010 12:36 PM
To:
Paul Scionti
Cc:
Michael Bruckner
Subject:
Project Dimensions, Inc - Master PSA
Hi Paul,
I wanted to follow-up with you regarding the Master PSA with Project Dimensions, Inc approved at
the 7/6 City Council meeting. Do you have this PSA?
Thanks!
Christi JAI
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)443-6310 1 (949)493-1053 fax
TO: Joe Tait, City Manager
'*(
FROM: West Curry, Assistant Utility Director
7/6/2010
SUBJECT: Consideration of Addition of Project Dimensions, Inc. to the
Master Personal Services Agreement for Engineering Services
RECOMMENDATION:
By motion, authorize the City Manager to approve a Master Personal Services
Agreement with Project Dimensions, Inc. for professional services for construction
management services in accordance with City Policy No 112 for a one (1) year term, not
to exceed $50,000 per project proposal, per year.
SITUATION:
Current City policy governing Ma for the development of a list
of pre -qualified consultants to be 50,000 per project, per year.
If the projects and the proposals ." eements definition, the work
may be authorized by the City Mc,= -
On March 16, 2010, City Council directed staff to solicit statements of qualifications for
work specific to the Water and Sewer systems. Staff is developing this list and will be
bringing it for final approval by City Council during August.
In the mean time the Utilities Department has a number of large construction projects
coming up which may require construction or project management assistance. Utilities
staff requests that the firm Project Dimensions, Inc. be added to the existing
Master Agreements list as a firm pre -qualified to provide construction and
project management services to the City. Staff is familiar with the firm from their work on
several other developments in the City.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
This item was presented to the Utilities Commission at its meeting of February 23, 2010.
The Utilities Commission recommended that the City Council direct staff to continue
with the solicitation statements of qualifications for the purpose of forming Master
Personal Services agreements.
Agenda Report
Page 2
FINANCIAL CONSIDERATIONS:
July 6, 2010
Design services would be funded from approved capital improvement projects only. If
the design costs require budget adjustments, or funding has not been authorized in the
budget, an item will be brought to Council for consideration.
NOTIFICATION:
Project Dimensions, Inc.
RECOMMENDATION:
By motion, authorize the City Manager to approve a Master Personal Services
Agreement with Project Dimensions, Inc. for professional services for construction
management services in accordance with City Policy No 112 for a one (1) year term, not
to exceed $50,000 per project proposal, per year.
Respe t� :fi subn'iitted,;
West Curry
Assistant Utilities Director
Attachment(s):
1. Personal Services Agreement
2. Statement of Qualifications
Prep red by,
We-�;�
�n
Joe Manitawicll
Associate Engineer
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this day
of , 2010, by and between the City of San Juan Capistrano (hereinafter referred to
as the "City") and Project Dimensions, Inc. (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide construction management and consulting services for as yet to be
defined "Specific Projects", 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 providing
engineering design and consulting services as required for Specific Projects. The Specific
Projects are to be defined in the course of this Agreement by a request for proposals
issued by the City and a companion proposal for the Specific Project by Consultant. To
the extent that there are any conflicts between the provisions described in Exhibit "A" and
the Specific Project those provisions contained within this Agreement, shall control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than One (1) year from the
effective date.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $50,000 per
fiscal year including all expenses per the Specific Project according to the schedule of
costs set forth in Exhibit "A," attached and incorporated herein by reference
The amount stipulated above is not a guarantee by the City to Consultant that said amount
will be received. Rather it represents the maximum permitted amount without further City
Council approval. Consultant may not depend on the availability of Specific Projects nor
that it will be selected to receive any work.
Attachment 1
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 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 Assi nment.
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.
Section 6. Chances 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 it has or will prior to
submission of a proposal for a Specific Project: (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.
Section 8. Time of Essence
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law; E -Verify.
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.http:/1www.uscis,gov, or
access the registration page at https:/Iwww.vis-dhs.comlemployerregistration. 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.
K
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.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and 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 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
0
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.
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 an amount not less than one million dollars per occurrence
($1,000,000.00).
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 naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
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's General Counsel 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.
5
14.7 Terms of Compensation.
. Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
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 1. 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 maybe 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
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: William Curry
To Consultant: Project Dimensions, Inc.
3 Park Plaza, Suite 1490
Irvine, CA 92614
Attn: Stephen P. Sandland
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.
0
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SAN JUAN CAPISTRANO
By:
Joe Tait, City Manager
CONSULTANT
rA
r..
I Ixc alt i i_f3'vt l I :;t;=1 r Nu -
Jur
e 30, 2010
Mr. Joe Mankawich
Associale Engineer
City of San Juan Csapistrarino
321100 Paseo Adelanto
San Jinn Capistrano CA 92675
Dear Mr. Mank.awich,
Proiect Dimensions, Inc. (PDI) would like to be added to your Master Agreement List of consulting
firms to perforrn Project Management and Construction Management Services on behalf of tho
City of Sari Juan Capistrano. PDI has been in existence for 25 years and has managed hundreds
Of projects for our cNenis.
Currently we are on the "on-call" lists to provide sirnilar services for the Cities of Anaheim,
Orang a, Corona, balm .Dasert, and Irvine as well as the Creamy of Oranagpo
I have attached �I corporate brochure 9-W describes our services and in&jdes a pariial list Of Our
clients.
Please call me on my cell at 949-294-44W should your have any questions
Attrac ii ron
P_A . r,_�. ,vcr: 1-3 3',. ". �.-F C'.�1�#b n L,.�1 L, >-act -1+E' ,
Attachment 2
® Project Dimensions, Inc. (PDI) provides land use
evaluation, entitlement, project management and construction
management services for;
v Residential Master Planned Communities
Commercial Business Centers
Golf Courses
Recreational Facilities
Municipal Facilities
® Founded in 1985, PDI has successfully completed many
complex entitlement project management and construction
management assignments for clients such as The Irvine
Company, Boeing Realty Corporation, Intrawest Resorts,
Southern California Edison, Standard Pacific Homes, Marriott
Corporation, the County of Orange, and IJC Irvine.
® Headquartered in Irvine, CA, ADI has a multi -disciplinary staff
consisting of business professionals, architects, engineers,
land planners, entitlement specialists, landscape architects,
and construction managers that brings its collective experience
and expertise to focus on large complex projects to achieve
the budget, schedule, and quality goals established by the
client.
Newport Coast
Corporate Overview
Intrawest Resort Mammoth
Dana Point Harbor
PDI Services:
Land Use Evaluation
Entitlement services
v Project Management Services
Construction Management Services
Forensic Analysis
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Douglas Park
Dana Point Harbor
Beni fits to Our Clients
• Project Dimensions, Inc, (PDI) has proven
experience in successfully securing multi -
jurisdictional project entitlements from local city
governments; federal, state, and county agencies; and
the California Coastal Commission.
• PDI has the management experience and personnel to
"ramp -up" quickly and administer a project without
requiring the daily involvement of the client,
• PDI has the expert staff to lead multidisciplinary
consultant teams on complex projects ranging from
commercial buildings to multi -phased master planned
communities.
• PDI utilizes the most advanced software programs
that create reporting documents which assure clients
that both cost and schedule objectives are
maintained throughout the entire development process.
• PDI has experienced construction personnel that can
provide on-site supervision and quickly assess field
conditions and provide direction that can stabilize
troubled construction projects.
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Scope of Services
PDI provides land use evaluation, entitlement services, project management and construction management,
as well as forensic analysis and workout services for residential master planned communities, commercial
business centers, golf courses, and municipal facilities.
Land Use Evaluation and Entitlement Services
Starting with undeveloped land or an under-utilized building, PDI can provide a client with a complete picture of the
development opportunities and the requirements associated with those opportunities.
• Definition of Objectives and Constraints - conduct the
traditional due diligence research of planning and zoning
restrictions, geological conditions, and environmental reports
to determine conceptual alternatives and financial feasibility.
Jurisdictional Assessments - establish working
relationships with municipality and agency staff and other
stakeholders to assess feasibility and scheduling options.
• Plan Evaluation - conduct comprehensive analysis of existing
planning and development plans, implementation and/or
development agreements, special conditions of project
approval, and mitigation measures to determine project viability.
Conceptual Land Use and Development Alternative Preparation - formulate design options based on
identified strategy objectives, stakeholder recommendations, and priorities.
® Building Assessment - analyze existing buildings or facilities then make recommendations to increase
value through renovation with a focus on sensible "green building" technology.
• Comprehensive Master Scheduling - create and update a comprehensive master CPM schedule that
identifies the key milestones for the project and the activities necessary to achieve those objectives.
® Project Phasing Planning - identify major project components and optimize phasing strategies for
achieving development objectives with alternative phasing options to support project milestones.
Environmental Documentation Preparation and Processing - oversee the preparation of all required
jurisdictional applications and technical studies, including Environmental Impact Reports, subdivision
mapping, development agreements, and negotiation of any special impiementation agreements with cities
and agencies such as the Department of Fish and Game, Caltrans, and the Corps of Engineers.
® Realistic Project Financial Analysis - create accurate proformas, including all hard and soft costs, and
cash flow reports, to assist decision makers.
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Scope of Services
Project Management Services
PD1 has the experienced staff to act as the owner's representative to guide a project through the design and approval
process
• Consultant Selection — prepare all proposed consultant scopes of work, evaluate proposals and select the
best suited architect and consultant team for the project.
• Consultant Administration — negotiate all consulting contracts; obtain insurance certificates, and review
and process consultant invoices,
® Consultant Management — act as the owner's representative; oversee the preparation of design and
engineering plans throughout the process (schematic design, design development, and construction
documents) to ensure that budgets are met and documents coordinated to minimize change orders.
® Entitlement Processing — identify any remaining or additional entitlements required for the project and
coordinate the completion of all required tasks through final approvals.
• Community Relations — identify stakeholders then facilitate the dissemination of project -related information
to community groups, homeowners and/or merchant associations as needed to obtain local support of the
project proposal.
® Project Schedule — develop a project schedule
that identifies a work breakdown structure of all
tasks and durations to complete the project.
• Project Budget — prepare a budget that includes
all major work elements and their associated costs,
budgetary reports, and cash flow projections.
® Project Implementation Plan — prepare a plan
that identifies the timing and cost control strategies
for completing all major work components and
project deliverables within project budget and
schedule requirements.
® Value Engineering Review — conduct a detailed review of the plans to determine if cost savings can be
achieved by modifying building systems or details without compromising quality or the intent of the design,
Constructability Review — conduct a detailed review of the plans to confirm the most cost effective means
of construction,
® LEED "Green Building" Certification — manage the consultant team to achieve the desired level of "green
building" LEED Certification.
Scope of Services
Construction Management Services
PDI can oversee the preparation of construction plans, contractor and supplier selection, and onsite construction to
assure the project achieves the desired quality, schedule and cost objectives.
• Consultants Team Coordination — coordinate the consultants to complete the construction drawings
(architectural, engineering, and landscape plans), specifications and cost estimates.
Plan Processing and Approval Oversight — process plans and obtain all agency approvals required for
the project to assure timely issuance of building permits.
® Cost Estimating — prepare estimates of cost for
completing the project under established design
and construction criteria.
Project Bidding — coordinate the public or
private bid process for the client from the
preparation of bid documents to contract award,
Contractor Selection 1 Negotiations —
coordinate the evaluation and selection of
contractors to assure that they are appropriate for the size and complexity of the project. Negotiate terms of
the Construction Contract to minimize ownership's risk.
Budget Control — implement industry understood software based systems for monitoring budgets with
respect to cost -to -date, submitted schedule of values, and cost -to -complete analysis.
Schedule Control — prepare periodic CPM schedule updates to identify the current completion status and
forecast future milestone activities identified in the project schedule.
• Document Control — maintain a complete filing system of all construction correspondence and other project
related records.
• Contract Administration — oversee all aspects of the contracts, obtain insurance certificates, review and
evaluate contractor payment requests and invoices.
® Onsite Project Management — conduct all project construction meetings and oversee all aspects of the
construction process to ensure work is in compliance with the approved plans; specifications, and costs.
• Onsite Observation/Quality Control — observe the progress and quality of construction to assure
development objectives are achieved, including follow up on all punch list items to assure timely completion.
• Inspections and Clearances — obtain and coordinate all necessary project -related testing and inspections,
Scope ofServices
Construction Management Services Continued
As -Built File Maintenance — coordinate all "as -built" documentation, including any changes to the
approved set of project construction drawings to close-out permits.
® Safety/Security Oversight — review contractor safety procedures and security measures to maintain a safe
and secure jobs ite,
• Project Closeout — assemble all project close-out items including drawings, equipment maintenance
manuals, warranties and release waivers. Schedule and conduct MEP equipment start up seminars.
Forensic Analysis and Workout Services
For troubled projects, PDI has the expertise to step in and assist owners and managers to get the project back on
track,
• Project Stabilization — determine and take all immediate actions required to stabilize the project.
• Project Evaluation -- evaluate project with respect to potential completion dates and financial health.
Determine the next steps required by ownership.
• Document Review — locate and review all project regulatory requirements, construction documents,
correspondence, permits, and insurance certificates.
• Entitlement Status and Completion — determine what
entitlements have been received and what work needs to be
completed; direct the consultants for any further special
study requirements; represent the client at all agency hearings,
• Cost Analysis — validate cost to complete the work.
• Agency and Utility Deposit Recovery — conduct a review of
all deposits paid and obtaining the maximum amount of refunds.
• Mechanics Lien Resolution — review any mechanic liens
recorded on job and determine the best method to mitigate them.
• Construction Defect Analysis — conduct studies to determine
potential causes for construction defects,
• Expert Witness and Litigation Support — provide expert
testimony and litigation support on entitlement, design and
construction issues.
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(049).493-11-71
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MEMBERS a, mat
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
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DX LONDRO Mro
The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, May 18, 2010,
in the City Council Chamber in City Hall, to consider. "Consideration of Addition of
Project Dimensions, Inc. to the Master Personal Services Agreement for Engineering
Services" — Item No. D16.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m.
on Monday, May 17, 2010, to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the staff
table, just in front of the Council dais. You will be called to speak by the Mayor when the
item is considered.
You have received this notice at the request of the City staff member Joe Mankawich,
Associate Engineer. You may contact that staff member at (949) 487-4313 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.san'uanca istrano.or . If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
cityclerk[@sanjuancapistrano.orq.
Maria Morris, CMC
City Clerk
cc: Project Dimensions, Inc.
32400 PASEO AOELANTO
SAN .JUAN CAPISTRANO, CA 92675
(9449) 493-1171
(949) 493.1053 FAX
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Ell
TRANSMITTAL
TO:
Project Dimensions, Inc.
Attn: Stephen P. Sandland
3 Park Plaza, Suite 1490
Irvine, CA 92614
DATE: November 9, 2010
0
FROM: Kristen Lewis, Administrative Specialist (949) 443-6308
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
RE: Personal Services Agreement — Construction Management and Consulting Services
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949) 443-6308.
If you have questions concerning the agreement, please contact William Curry, Assistant
Utilities Director, at (949) 4674307.
An original agreement is enclosed for your records.
Cc: William Curry, Assistant Utilities Director
San Juan Cai3iastrano Preserving erring the Past to Enhance the Future
0 Printed on 100l recycled paper