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11-1101_RJM DESIGN GROUP, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this - day of November, 2011, 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 regarding the City's proposal to obtain cultural landscape design services for the Blas Aguilar Adobe project (CIP No. 07403); 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 the Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. 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. 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 December 31, 2012, Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $36,525 (Thirty six thousand five hundred twenty-five dollars) including reimbursables 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. Invoices shall be addressed as provided for in Section 16 below. 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 the City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or 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 the 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 the 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 represents that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of 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. 2 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' 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 authorized volunteers as additional insured 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 authorized volunteers. 14.5 Notice of Cancel IationlTermInation of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 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 other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. 5 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: Teri Delcamp To Consultant: Larry Ryan. 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 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. [SIGNATURE PAGE FOLLOWS] 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN IIJAN CAPISTRANO 6y: �4'zwh.. - ._,S'am Allevato, Mayor CONSULTANT in EXHIBIT "A" City of San Juan Capistrano • Bias Aguilar Adobe Cultural. Landscape Design Approach The following tasks will be required for the Blas Aguilar Adobe Nature Education Facility (NEF) Cultural landscape Design project: A. Project Kick -Off: 1. Meet with City project manager and staff, the preservation architect consultant and representatives of the Blas Aguilar Adobe Foundation to review the project in detail and determine requirements and procedures for ongoing reviews, coordination, and meetings. Review available information pertaining to the project, including NEF grant application, existing historical records, previously prepared plans, reports, features being reconstructed by the historical architect (i.e. horno oven and historic well), and other available record data; and conduct ethno-botanical research to ensure design is appropriate on a site-specific and historic context basis. 3. Attend meeting with Blas Aguilar Adobe Foundation to discuss "ethno-botanical" techniques, and specific materials appropriate for incorporation into the project. 4. Conduct preliminary field reconnaissance to assess site conditions, spatial relationships and topography, etc. and to familiarize team with localized cultural landscapes to facilitate design recommendations. r�Wa� Community Inspired Spaces DESIGN RJ M GROUP Deliverables: • Site/project review and ethno- botanical research memorandum and recommendations B. Preliminary Design Development: 1. Develop preliminary landscape design development plans for the exterior grounds of the Adobe including the following components: SAN JUAN CAPISTRANO • SACRAMENTO 14 www,RJMdeSigngroup.Corrc • [949] 493-2600 City of Scan Juan Capistrano • Nas Aguilar Adobe Cultural Landscape Design Approach a. New gathering area in front of Adobe, including appropriate hardscape surface, landscape planters or pots, landscape palette and irrigation. Address grade differential at southwest corner of Adobe, fencing alignments and access to park area south of Adobe. b. New enhanced landscape garden area behind the Adobe that will feature California -friendly, drought -tolerant, ethno-botanical and historically appropriate orchard species intended for interpretive and educational purposes. The area for the garden is expected to be larger than shown on the concept plan, potentially expanding to the east and west for a total area of up to about 3,000 square feet. c. Address accessibility as it relates to existing grades, fencing relocations and access to interpretive information and features. d, Decomposed granite or other walkway/pathway features to provide or enhance access in a historically compatible manner. e. Preliminary irrigation system components. Potential additional site landscape enhancements, low-level lighting, fencing re -alignments and/or method for delineating subsurface foundation resources at- or above -grade, etc., developed at the direction of the project manager in coordination with the project historic preservation architect. CommunitylnspiredSpoces a• mr mm, 0 M DESIGN GROUPRPkJ 2. Submit preliminary design plans/photo boards to City and Foundation for review and comment. 3. Meet with City to review and discuss plans and suggested refinements. 4. Refine plans per comments and staff direction (Design Development Plans). Design Development Plans shall consist of: a. Site accessibility and hardscape plan b. Landscape plan including conceptual layout for trees, shrubs and groundcover with legend, size and spacing; use of native, historically and ethno=botanically appropriate species. c. Conceptual design layout. The site and landscape plans may be combined on one sheet if sufficiently legible. Note: The plans shall demonstrate consistency with the Secretary of the Interior's Standards for the Treatment of Historic Properties, address accessibility as required; and demonstrate the consultant team's knowledge and expertise in the fields of historic/cultural landscapes and ethno-botany. Deliverables: • Preliminary Site Plan, Landscape Plan, and Irrigation layout • Final Site Plan, Landscape Plan, and Preliminary Irrigation Layout • Rendering of Final Site Plan/ Landscape Plan SAN JUAN CAPISTRANO • SACRAMENTO 15 www.RJMdesigngroup.com a [949] 493-2600 City of San Juan Capistrano • Blas Aguilar Adobe Cultural Landscape Design Approach • Color, Finishes and Materials Board/ Cutsheet Booklet as appropriate a Opinion of Probable Construction Cost • 1 (one) CD of all plans & graphics in pdf format C. Construction Documents & Specifications: 1. Based on approved Design Development Plans, prepare construction Plans, Specifications & Estimate package (PS&E) and submit to the City and other required agencies for review and comment. Based on the City and other agency comments and requirements, revise and update the preliminary PS&E. The following will be included: a. Utilize existing survey provided by City to prepare base map showing known existing grades, easements, and structures on site, including landscaping and underground utilities. b. Existing conditions/demolition plan. c. Landscape planting plans and details. d. Irrigation plan. e. Low intensity security/walkway lighting plan. f. Electrical services plan (Optional Service). g. Construction, planting and irrigation details. h. Erosion control plan, as needed (Optional Service). i. Utility plans (water and storm drain) (Optional Service). a Community Inspired Spaces � 0 M DESIGN I fj GROUP Z. Prepare contract specifications to conform to applicable requirements of the City and applicable local agencies. The specifications will supplement the current edition of the "Greenbook" (Standard Specifications for Public Works Construction) and need to reflect use of the California Historical Building Code, as necessary, and the Secretary of the Interior's Standards for the Treatment of Historic Properties. SAN JUAN CAPISTRANO • SACRAMENTO 16 www.RJMdesigngroup.com - [9491 493-2600 City of San Juan Capistrano + Bias Aguilar Adobe Cultural Landscape [Design Approach 3. Prepare for and attend review meeting with City staff to discuss progress plans (approximately 50% complete). 4. Prepare and submit final plans, specifications and engineer's construction cost estimates in a City approved format for submittal to the City for construction bidding of the project. Construction Technical Specifications shall be 812" X 11" format. All plans shall be drawn at 1"=20'-0" (20 scale) or other scale as approved by the City. All sheets shall be no larger than 24" X 36" unless otherwise approved by the City. Deliverables: • 6 (six) sets of 90% construction documents for City/Agency Review and Comments • 6 (six) sets of 100% construction documents for City/Agency Review and Comments • 6 Csix) stamped and signed sets of final 100% construction documents for file. + 6 (six) copies of the Technical Specifications • Final Construction Cast Estimate • One (1) CD of all construction documents in AutoCAD format and/ or pdf format D. Meetings/Coordination 1. Attend coordination meetings with City personnel/stakeholders and communicate via telephone and electronic mail at various times during the design phase to obtain additional input and to review work (assume 1 kick-off meeting and 2 Community Cnspired Spares � E M DESIGN I tj DESIGN additional meetings with City staff and Blas Aguilar Foundation representatives). 2. Attend Commission public meetings during design development phase (assume 2 meetings of Commission). 3. Provide option for attendance at additional meetings, if needed, on a time and materials basis. SAN JUAN CAPISTRANO • SACRAMENTO 17 www.RJMdesigngroup.com • [9491493-2600 rm City of San Juan Capistrano e Nas Aguilar Adobe A�� s Cultural i.andscapn Design Community InspiredSpaces Mir Project Schedule/Time Allocation GROUP Project Schedule Control ...... ...................................................... The project managers of RJM Design Group are routinely involved with projects in which the design team consists of numerous subconsultant specialist firms. This type of design team approach often requires the use of sophisticated schedule control tools. As with cost control, schedule control starts with a realistic and accurate definition of the work scope. Often a project schedule with target dates will be developed to clearly define the project activities and to assign responsibility for each activity. RJM's project management team provides the leadership and management required to lead a client's project from the initial planning phases through the development of Construction Documents. We will provide continuous coordination, administration, and communication to all project team members, including the most important team member - the City of San Juan Capistrano! Time Allocation.and.Avall.abllity_ RIM has a number of current clients and on-going projects, however, a careful analysis has been made of the estimated staffing requirements for this project. The analysis demonstrates that experienced personnel have sufficient availability to begin the work upon authorization and complete it within the projected schedule. The RJM team has more than sufficient manpower to assure compliance to your schedule as well as allow for any acceleration of your requirements. SAN JUAN CAPiSTRANO o SACRAMENTO 18 www.RJMdesigng€oup.com • [949) 493-2800 City of SanJuan Capistrano • Blas Aguilar Adobe Cultural Landscape Design Community Inspired Spaces sIGN Fee QuototionMDE GROUP FEE SCHEDULE It is the objective of our Design Team to provide the most comprehensive, yet efficient, approach to the development of the Cultural Landscape Plan for the Blas Aguilar Adobe in San Juan Capistrano. This fee includes all costs to be incurred by RJM Design Group, Inc. with the exception of reimbursable expenses. Fees for the work are as follows: A. Project Kick Off $ 3,330.00 B. Preliminary Design Development $ 7,150.00 D. Meetings/Coordination* $ 990.00 Sub -Total: $11,470.00 C. Construction Documents & Specifications $ 21,555.00 Total: $33,025.00 *Additional Meetings As Requested on a Time and Materials Basis ($500 each) Note: This fee schedule represents our current understanding of the project scope and complexity for the Cultural Landscape Plan for Blas Aguilar Adobe NER We would welcome the opportunity to meet with you to discuss our approach to this Scope of Work and revise it and the associated fees as necessary to more accurately meet the needs of the City of San Juan Capistrano Payments will be due and payable on a monthly basis following the completion of any substantial phase of work. Carrying charges for overdue accounts beyond 30 days of billing date are charged at 1-1/2% of the amount due, compounded monthly. SAN JUAN CAMSTRANO • SACRAMENTO 19 www.RJMdasigngroup.com • [949] 493.2600 S City of San Juan Capistrano • Blas Aguilar Adobe Cukjral Landscape Design Community7nspiredspooes DESIGN Additional Services RJ M GROUP A1201110NAL. SERVICES The following services will be performed at your request, and shall be considered additional services to the above, reimbursable on an hourly basis: 1. Additional meetings and site visits beyond those identified. 2. Exhibit preparation beyond that identified in the Scope of Services. 3. Preparation of mitigated negative declaration and/or special studies. 4. If it is in the interest of the project to engage or retain the services ofanyother consultants (electrical engineer, structural engineer, architect, archeologist, or any other consultant not listed as part of the design team), then upon Client's written authorization, RIM Design Group, Inc. may engage or retain any such consultant, and the engagement of each consultant shall be an expenditure reimbursable to RIM Design Group, Inc., plus a 15% coordination fee. S. Preparation of legal descriptions/exhibits, easements, any land subdivision, ALTA Survey; and/or boundary survey. 6. Potholing on site to locate and/or verify .location of subgrade utility improvements or for soil sampling. 7. Provision of traffic volume analysis and inventory of existing and future traffic demands within the project area. 8. Design of existing sites beyond the project area as defined in the RFP. In the event that information in this regard is required, our consultant team will provide for such as an additional service as requested for by the City. 9. Preservation and structural design and engineering work to be prepared by historical architect. 10. Electrical plans to be an additional service. 11. Design and compilation of any interpretive or directional signage. 12. Assume provided field topography will cover to outside of existing walkways and be sufficient for design as required. If provided survey is not complete, please see Optional Services for cost of complete design field survey. Assumes that a Title Report and backup documents are provided in order to plot existing boundary and easements. 13. No construction survey. Certifications, inspections or administration. Construction site visits will be on a time and material basis. 14. Assume only minor storm drain addition and no major relocations. 15. Assume existing handicap access is adequate and no additional work is required. 16. Excludes SWPPP, Hydrology and Erosion Control Plans. 17. Excludes a WQMP. Please add $2,000 if required 18. Excludes sewer and water connections. 19. Assumes irrigation point -of -connection for water and power is existing. SAN JUAN CAPISTRANO • SACRAMENTO 20 www.RJMdesigngroup.com • [949] 493-2600 City of San Juan Capistrano * Bias Aguilar Adobe Cultural Lar)dscope Design Reimbursable Expenses Ca=unity Inspired Spaces °{ � E M DESIGNI IJ �ESESiP GROUP REIMBURSABL.E EXPENSES (Estimated Allowance $3,500) When incurred, the following project expenses will be billed at cast plus 15% handling fee. These costs have not been included in the fee schedule: • All consultant reproduction • Printing, plotting, copying, photography, graphic expenses, special delivery and handling of documents, and shipping • Permits, plan check, and inspection fees • Soils testing In the event the City has or will establish a reprographics account, our reprographics costs may be run through this resource to avoid the 15% handling fee. SAN JUAN CAPISTRANO . SACRAMENTO 21 www.RJMdesigngroup.com • [949] 493-2600 City of San Juon Capistrano ® Blas Aguilar Adobe p... P PMir Cu[tUra! Lar1dsaa e I�E1 SI Community Inspired aces DESIGN Schedule of Hourly batesRj M GROUP No special consulting services other than those identified are included as part of the professional services. Compensation for additional services will be on an hourly basis at our standard rates as follows: RIM DESIGN GROUP, INC. PRINCIPAL LANDSCAPE ARCHITECT ASSOCIATE LANDSCAPE ARCHITECT LANDSCAPE ARCHITECT / PROJECT MANAGER JOB CAPTAIN / LANDSCAPE DESIGNER CADD TECHNICIAN DRAFTSPERSON WORD PROCESSOR r M&I Lei I M PRINCIPAL PROJECT ASSOCIATE PROJECT ENGINEER PROJECT MANAGER DESIGNER CADD DRAFTING CLERICAL NICE CONSULTANTS PRINCIPAL PROJECT MANAGER PROJECT ENGINEER PROJECT SURVEYOR DESIGN ENGINEER COMPUTER DRAFTSPERSON PROJECT ASSISTANT 3 -MAN SURVEY CREW 2 -MAN SURVEY CREW TREE OF LIFE NURSERY HORTICULTURIST $145 - $165 per hour $130 - $140 per hour $115 - $125 per hour $100 - $110 per hour $ 85 - $ 95 per hour $ 70 - $ 80 per hour $ 55 - $ 65 per hour $85 per hour $170 per hour $135 per hour $125 per hour $115 per hour $ 95 per hour $ 75 per hour $ 60 per hour $160.00 per hour $120.00 per hour $100.00 per hour $120.00 per hour $ 90.00 per hour $ 70.00 per hour $ 50.00 per hour $260.00 per hour $210.00 per hour $110.00 per hour SAN JUAN CAPISTRANO • SACRAMENTO 22 www.RJMdesigngroup.com • [949] 493-2600 11/112011 AGENDA REPORT D9 TO: Karen P. Brust, City Mang �. FROM: Grant Taylor, Development Services Director SUBJECT: Consideration of Personal Services Agreement to Prepare Landscape Plans and Cost Estimates for the Blas Aguilar Adobe Nature Education Facility (NEF) Grant Project (RJM Design Group, Inc.) (CIP No. 07403). I *-Ole]mIky1I4k,I!1- 0Lejg By motion, 1. Approve a Personal Services Agreement in an amount not to exceed $36,525 with RJM Design Group, Inc., for the preparation of landscape plans and cost estimates for the Blas Aguilar Adobe NEF Grant Project; and 2. Authorize the Mayor to execute the Agreement (see Attachment 1). SITUATION: On March 2, 2010, the City Council authorized staff to submit a grant application to the State Department of Parks and Recreation under the Safe Drinking Water, Water Quality And Supply, Flood Control, River And Coastal Protection Bond Act of 2006 Nature Education Facilities (also known as Proposition 84 NEF Grant) for the Blas Aguilar Adobe project located at 31806 EI Camino Real (see Attachment 2). The grant project combined an existing, budgeted Capital Improvement Project (CIP) to repair the National Register -listed Blas Aguilar Adobe (Adobe) with primarily exterior enhancements that would further the Native American and cultural education value of the Adobe and its immediate surroundings (see Attachment 3). The proposed project enhancements increased the existing CIP project from an approximate value of $200,000 to approximately $498,000. The City was notified in April 2011 that the NEF Grant application was successful. The City will be reimbursed for 100% of the project costs during the contract period up to the maximum amount awarded of $498,434. The preparation of construction documents for the repair of the Blas Aguilar Adobe, which was the CIP project's original scope, is virtually complete. However, the expanded NEF Grant scope for the project includes new landscape areas, re-creation and interpretation of cultural features and archaeological testing. The City's existing consultants are handling the cultural features and testing, but a new scope of work with a landscape architecture firm is also necessary. Staff issued a Request for Proposals (RFP) for landscape architecture design services on August 17, 2011. The RFP was Agenda Item Page 2 November 1, 2011 forwarded to five firms and two proposals were received in response to the RFP which were reviewed by the Development Services Department selection team: Garbini & Garbini Landscape Architecture, Inc. $60,695 RJM Design Group, Inc. $36,525 *Garbini & Garbini's proposed scope included an additional task that was not requested in the RFP. Absent this task, the proposal total for Garbini & Garbini would be $37,818. Staff is recommending that the firm of RJM Design Group, Inc. (which has offices in San Juan Capistrano) be selected to provide the landscape architecture design services. Other work on the project is on-going. The Adobe repair construction plans have been completed and will be submitted for plan check review. Historic preservation design services related to the expanded NEF Grant scope are being undertaken by the City's existing project consultants, IS Architecture. In addition, archaeological testing to support the landscaping and cultural feature re-creation and interpretation, as well as the project's analysis under the California Environmental Quality Act (CEQA), is in progress. Additionally, the Blas Aguilar Adobe Foundation, which serves as curator of the Bias Aguilar Adobe Museum through an agreement with the City, is providing Native American monitoring in conjunction with the archaeologist's testing as an in-kind service for the NEF Grant at no cost to the City. The project's archaeological testing, landscape and cultural feature design and CEQA phase is estimated to be completed in four to five months. Cultural Heritage Commission, Planning Commission, Parks, Recreation and Senior Services .Commission and City Council review of the project will occur in the spring of 2012. Construction documents and bidding are expected to be completed in the summer of 2012. The project is anticipated to be constructed in two phases subject to the future contractor's schedule: 1) the Adobe's repair, and construction of external features beginning in October 2012; and 2) the landscape and hardscape improvements beginning in April 2013. The entire project is expected to be completed by July 2013, FINANCIAL CONSIDERATIONS: The landscape architecture consultant cost reflected in the attached Personal Services Agreement is $36,525 including reimbursables. Any future modifications to the contract scope required as a result of Commission and City Council review of the project or the plan check process would come back to the City Council for review and approval. The consultant costs are proposed to be funded by CIP 07403 which is budgeted from the City's Parks and Recreation Fund. The CIP 07403 carry-over budget from Fiscal Year 2010-2011 is $86,274 including available and encumbered funds. The approved budget for Fiscal Year 2011-2012 added $374,754 for a total of $461,028 remaining. The following shows a breakdown of the costs expended on the project from Fiscal Year 2009-2010 projected through Fiscal Year 2011-2012: Agenda Item Page 3 November 1, 2011 Fiscal Year NEP Grant Eligible City Costs Total 2009-2010 $ 26,125 0 $ 26,125 2010-2011 $ 37,406 0 $ 37,406 2011-2012 1434,903 26,125 $461,028 Totals $498,434 $ 26,125 $524,559 All eligible costs expended in accordance with the Proposition 84 NEF Grant (up to $498,434 and within the contract term from July 2009 through completion) are '100% reimbursable. The eligible costs include pre -construction "soft costs" (building and landscape design, archaeological testing, CEQA, and construction documents, etc.) incurred after July 2009 as well as the future construction costs. The City may end up incurring $26,125 in costs over the grant maximum as indicated above, but it is hoped that the actual future cost of construction may be less than the total projected at this time. PUBLIC NOTIFICATION; The formal public review process of the project design plans will include public notification to adjoining property owners and interested parties as required by Title 9, Land Use Code. Because the project description has changed to include some modification of the exterior surroundings of a historic site as a result of the grant award, the project is classified as a "major capital improvement" per Section 9-2.337 of the Municipal Code and will require appropriate Commission and City Council reviews prior to construction. RECOMMENDATION. By motion, 1. Approve a Personal Services Agreement in an amount not to exceed $36,525 with RJM Design Group, Inc., for the preparation of landscape plans and cost estimates for the Bias Aguilar Adobe NEF Grant Project; and 2. Authorize the Mayor to execute the Agreement (Attachment 1). Respectfully submitted, `Grant Tay or Development Services Director Prepared by, Teri Delcamp Historic Preservation Manager Attachments: 1. Personal Services Agreement (RJM Design Group, Inc.) 2. Project Location Map 3, Blas Aguilar Adobe NEF Grant Project Description and Concept Plan PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this ____ day of November, 2011, 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 regarding the City's proposal to obtain cultural landscape design services for the Blas Aguilar Adobe project (CIP No. 07403.); 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 the Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. 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. 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 December 31, 2012. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $36,525 (Thirty six thousand five hundred twenty-five dollars) including reimbursables 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. Invoices shall be addressed as provided for in Section 16 below. The City will pay monthly progress payments based on approved invoices in accordance with this Section. ATTACHMENT 7 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 the City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or 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 the 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 the 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 represents that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of 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. 2 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://www.uscis. ov, or access the registration page at https://e-verify.uscis.gov/enroll/. 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, 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. 3 Section 13. Indemni . To the fullest extent permitted by law, Consultant agrees to protect, indemnify, 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 reasonable 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, indemnify, 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 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). E1 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' 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 authorized volunteers as additional insured 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 authorized volunteers. 14.5 Notice of Cancel lationfTermination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled; nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 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 other party does not cure the breach of coritract, then the agreement may be terminated subsequent to the ten (10) day cure period. 5 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: Teri Delcamp To Consultant: Larry Ryan RJM Design Group, Inc. 31591 Camino Capistrano Sart Juan Capistrano, CA 92675 Section 17. Aftorneys'_Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). 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. [SIGNATURE PAGE FOLLOWS] X IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney Sam Allevato, Mayor CONSULTANT 0 EXHIBIT "A" r�h The following tasks will be required for the BI -as Aguilar Adobe Nature Education l'acrlity (NEF) Cultural Landscape Design project: A. Project Kick -Off, Meet with City project manager and staff, Lh(? preS('rVOLiokl architect cor)sultant and representatives of the Was Aguilar Adobe Foundation to review the project in detail and determine re€ uirernents and procedures for ongoing revielxs, coordination,and meetings, I Review avaik-ible information pertaining to tfie project, inclufhng N F grant: applk'-'.Itkma existing; historical records, pr,�viousiy prepared pans, reports, features being reconstructed by the historical Garchitect. (i.e. Borno oven and historic well), and other available record data, and conduct et:hno-botanical research to ensure d( --'Sign is appropriate oil a sits -specific and historic Context basis, 3. Attend meeting with Bl<as� Aguilar Adobe Foundation to discuss "ethno-hou.mical" techniques, and specific materials appropriate for incorporation into: the project, 4. Conduct preliminary field reconnaissance to assess site conditions, spatial relationships and topogr<aph.y, etc, and to familicar°ize team with localized cultural landscapes to facilitate design recorn mendations. DESIGN IM As IVI GROUP Deliverables: Slur/project review and ethno- Stat anicoal research memoraricium and rec:car: nie,ramitions B. Preliminary Design Develop ment: 1, Develop pre! in -ii nary landscape design development plans for the exterior grounds of the Adobe including tho following Components: SAN :iIIM�`-Rf%I;i AN'11 I SACRAVESN`) 14 �[ 1 DESIGN GROUP ILJ a. New gatheringarea in front of Adobe, 2. Sularaa3t preliminary design plaa'r4%phtai'o including appropriate hardsca:apea boards to City and Foundation for review surface, landscape planters or pots, and comment. landscape palette and irrigation, 3, Meet with City to review and discuss Address grade differential at plans and suggested refinements. southwest corner of Adobe, fencing consistency with the Secretary alignmd;nts and access to park area 4, Rofin€z plans per cc: rnrnent.s and staff south of Adobe. direction (Design Development flans). compatible manner, Design Development Plans shall consist: Vis. New enh=anced landscape garden area of: behind the Adohre that wil I feature knowledge and expertise in the fields California. -friendly, drought -tolerant, a, Site accessibility and hardscape, plan ethno-botanical and historically ethno-botany. appropriate orchard species intended b, Landscape plan including conceptual Isar interpretive artd c cltto.al ranrrl layout fsJr• trey=s, shrubs and pu.rpus€rs. ".t`he, area =nr the garden grour?dc€;ver With legon€l, and is expected to be lai-ger than shown spacing; use of native, hist€aricaily on the concept plan, potesnoally aand ethno=botanically appropriate expanding tea the easl: and west for as species, total area of cap to about 3,000 square 0 4i£'ircl£:'r"trig of'Final Site Plan/ feet. C. Conceptual design J aycauto c. Address accessibility as it relators to 'The site arra Jands€ gape plans may he existing grades, fencing relocations combined on one sheet if sufficiently and access to interpretive information legible. and feat:ur cs� - Note: The., pians shall d- errrrnstrate d.. Decomposed granite or other consistency with the Secretary walkway/pathway features to provide of the Interior's Standards herr the or enhance acces.S in a historically Treatment of Historic Properties; compatible manner, address accessibility Las vequir°ed, and Cilr'Iaaonst.rate the c( nsultant toaril's e. Preliminary irrigation system knowledge and expertise in the fields Components. of historic./cultural landscapes and ethno-botany. 1, Potentiai aatIditional site landscape erhanco:rrzciTrts, lot -v -leave! lighting, �liv€�r=ahlda4: fencim, re -ah gn=nc�rrt5 azr3ct/err r"ncrthOCf Preliminary Site Plan, Landscape For dol ineaatino .srrh urf£ri`e frra.ndatsnrr flan, lasd lrrig;10( ra Layout i�Silui'€E:Srat-C)r�al'7i1V€. ga"<'r.i.lt-,E:l.c'., � 1'liaa�i��t�f: I'h3r, E.3nd�-c;aape ��1L�n,cinc� developed at t'he direction of't hL, h1_E',hininary.lrrigg&on, 1,�jy kit project ri'mllager ill Coordination Vlrt.l"1 0 4i£'ircl£:'r"trig of'Final Site Plan/ the project historic.'.preservation L,a ndist:aape Plan nrchitoct. SAN . WAN (.',4i-;S-RANC) - �AG1,Aradrrrr, l ,Vv,%d.:, ':i"r 5'pgrout: Car; e (949; 485z 2600 r 0 Color, i"irti.sh.es an(] Materials Board/ Cutsheet l raoklet ,:is appropriate 6 Opinion of Probable Ccarastr uctima C east V 1 Cone) CD of all l:rians & gr�iphie_s in pdf format CA Construction Dcamments & Specific tzmm 1. Based. on 'approved Design Development Plans, prepare construction Flans, Specifications & Estimate package (PS&F) and submit to the City and rather required agencies For review and comment. Based on the City grad other agency comments and re€liairc*rneM.;, revise and update the prehminar°y l"S&E. `1'h following will be included.. a. Utilize existingsurvey provided by City to prepare base map showing known existing grades, easements, and StrUCtaares on site, including lands€:aping;and underground utilities, b� Existing conditions/demolition plan, c, Landscape planting plans and details, d. Irrigation plan, e, Low intens.ity seCLtrity/walkway ligl•.n.ing plan, L Electrical services plana (Optional service"), g- Con,,,,'Ar fiction, pla.ntingand. jrrigation details, K Frosion € ontrol plain, as needed (Optional Service.), a. Utility 1. ki_ns (water and storm drain) (Optional Service), Coll DESIGN I tj M GROUP 2, Prepare cont slay cifications to Conform to applicable requirements of the City and applicable local ar;endIes. The sp€ c.lfis: ition.s will saippl€=na.e lu thi! ctarr€:=rat eciitica) of thc� rlGree€abt ok` (Sttarscl,a'rd Speciflcatlons for Public Works construc:bon) and need to reflect use of` the California Historical Bud(iirng Code, as necessary, and Mae Secretary of the Interior's Stamd<:trds !or the Trent3a ent of Historic Properties, 94DI4;332600 3. Prepare for and attend review meed n.g with City staff to digcuss progress plans (appro.xhiiately .550% complete), 4. PreapQa.re Farad submit final plans, ,specifications ations <and engineer's construction cost estimates in a City aa.pprov€gid .ff!]l"mat for submittal to the City for construction bidding of the project. Construction Technical Specifications shall be 8 "/r' X 1.1." forimat. All plans sh ai9 lie drawn ,at "1"=20'-0" (20 scale) or other scfaie as approved by they City. All shceua shall llea no 1 a.r er than 24" X :36" unless offierwiso approved by the City. Del es: 6 (.six) sets of 90% const:ructiori documents for City/Agency review and {;(;3mmelits 6 (six) sets of 1001%l construction doc.ua me tits for City/Agency Review Arad Comments nts 6 (sig-) stamped and signed sets, of Final :1001lD construction documents for file. 6 (sig) copies of theTechnical Specifications « inial Construction Cost Estimate One, (1) CD of all construction doc ufnenll.s in AuU.)CAD format: and/ or pdf format D, eetiaags/Coordination Attend c.00rdimMon meetings with City p€aa�srsrl Yae_i /s t.:alcc ftrald �: rs �a rtd t: olaa.rn cln i€aat.e virga tefephone and electronic tYa of at various times (!Uril]�'l Lilo' (ICS.�3i to olitain c)dditionail input ,,.iiA to review W01 -k (asscl}tee 1 kick -oft rtteetiM1 and 2 ®4 C;c� -tn�x€int° €sx•rrtrs. Sps�es [DESIGN I 1pkj MGROUP adclit.ional meetings wit!) City staff and Blas Aguilar Fc nidation represent:aativeas). 2, Attend Commission public meetings during desigrl development please (assume 2 meetings of Cora mjssiorl). :3, Provide option for attendance at additional meetings, if needed, on a time and materials basis. i Project Schedulo Control The project r mmigers of RJM Design Group are routinely involved with projects in which the desigj�n teEarrr consists of numerous subconscrltant Specialist firms, This type of design tearn approach often requires the arse of sophisticated schedade control tools, As with cost control, schedule control starts with a realistic: and accurate definition of the work scop€.. Often a p),oject schedule with target dates vAll Fre developed to cfe a.rly defirre= the project ac;tivitios and to assigns responsibility for each activity. RJM's project management team provides the leadership and Tran<.igerrient required to lead a client's proiect: from the initial planning phases thr°oug h the devel€:>I: me.r.)t of Construction l?€, currents. We will provieie contlnLIOUS € oordination, administration, and comnitunicati€ n to ail project: Won) rnermbens, including the most important team TTr€arrmber - the t;ii.y of San Juan Capistrar.io! Time Allocation and Availability RIM has a number of current clients and € n -going projects, however, a careful analysis has been rade of the estim at€ d staffing requirements for this project, The analysis c:.i€.rr oristrates that experienced personnel have sufficient availability to begin the work upon authorization and complete it within the projected sche�drlle. Tleer RJM tearn has more than sufficient manpower toassure compliance to your schedulo as well as allow for any acceleration of your requirements, !City of San Juan Capistrano - Blas Aguilar Adobe NEF Cultural Landscape Plan LEADCONSULTANT SUSCONSVLTANTS '. Giddens MCE Tree of Life Task Duration RJM Dii iyn Group, Inc. Irrigation Task Description - - consultan9s Design Nursery Stan `Finish `.' Project j CAD© Principal Manager Crafter flerical Civil Engineer Ifrlgation Harlicuitura month month 1 Kick Off Meeting `1 --- - '4 - 2 2 l 1 2 Review available information and research ethnobotanical plan! 1.1 1 2 3 1. Develop Pretlm. Landscape Design Development Plans 1 �-. 2. 2 11 5 1 4 22 3 Attend Meeting with Foundation to review olanl list, 2 Submit PlaWPholo boards to C3ly and For:nda'.lcn 2 �. 2 1 _ Eechr i uesfmaiervus _ 4 7. Meet with City to discuss comments and refinements 4. PYaliRNrlary f=ield Recannaissancaf5l;a Ana€ys'=s . -.9 :: i.. 1 2 2 1 1 1 TASK A- HOURS SUBTOTAL g g g 2 2 t 4 ASIFB.PRELIMINARY DESIGN DEVELOPMENT - 1. Develop Pretlm. Landscape Design Development Plans 2 �-. 2. 2 11 5 1 4 22 2 Submit PlaWPholo boards to C3ly and For:nda'.lcn 2 �. 2 1 1 1 4 7. Meet with City to discuss comments and refinements : 23 2 2 2 2 4. Refine Pians IPrapare f=inal Design Development Plans :. 3 :. g �1 ---{€— t 4 10 1 2 1 TASK B - HOURS SUSTOTALS 6 15 22 2 8 2 5 ASK.0+CONSTRUCTION. DOCUMENTS ANDSPECIFICATIONS; -:.:.. 1 P;eldaie Construction Plans Speci6callons and EsbE les :�5 4 i0 40 i 32 1a (PS&E) Package and 5uhmlt to City for review _ ...__,.._..,....,.�,�..�._...........V... 2. Prepare SpecBcatiors _ 4 5 _......�.._. 1 _.� 2 1 4 4 _ 4 3. prepare for and Attend Review (901/, complete) Meeting 5 : -S 2 2 2 4. Prepare and Submit Fina€ plans. Specifications and Engineers _ -. : - :.` 8 16 2 22 8 2 Ccnstructlon Cost Estimate mm. mm- TASK C-mHOURS SUB OTALS 8 22 60 50 28 2 ASKP - M.EETINGSICOOROINATi..ON Kio* Off Meeting and (2) ,Review.meenngs ON SCOPE I A_BO_VE) 2. Attend f2} Commission Pup[ie Meetings dmiRg 3. Additional Meetings (time and materials) - SAN JUAN !;APi'' I' SANG » `;AC32r".tv9i N'.0 1 �i;rn EXHIBIT "B" J. (: �f ,C .`..7r C%r t2i n— lwrwxed sjjoae'�T a r-- � MON& N M [)ES[GN �ee Q o ii at, 10 ,1 GROUP It is the objective ofour Design `Feam to provide the most compre.hensive, yet efficient, approach to the developmenof the €:s.tiiun.11 Landscape Rai; for the: Iiia,,.; AgL filar° Adobe in Saar Juan Capistrano. This fee includes all costs to be incurred by RJM Design Group, Inc. withh the exception of reinab rsabie expenses, Fees for the work are as follows: A. Project lick Off $ 3,33(i3OO R3 prehminary Design Development $ 7,150,00 D. Meetings/Coordination* Sub -Total: $11,470.00 Construction Documents & Specifications $ 21,555,00 Total. $33,025.00 *Additional Meetings As Reclrrested on a Time and Materials Basis `$500 each) Note: This fee schedule represents orar cLu'rent crnder'standing; of the project scope and complexity for the Cultural Landscape Plan for Blas Ag uil.ar-Adobe NER We would rrveicomea the opportunity to meetwit:h yorr to discuss €aur appy oach to this Scrape of Work and revise it and the associated fees as necessary to more xc:curatcly meet the needs of the City of San juin Capistrano EAYMEM Payments will he due and p ayabje on ra monthly basis followina the completion of any substantial phase of work, Carrying charges for overdLie acc°orrnts beyond 30 days of billing date arra charged at I-1/2% of the amount due, compounded monthly, SAN .JljAN 1,A.i 15"f2NP ; � ,,RAMEN"", 19 :ero,tz. +t;esfgripr{»c.cOPs p N 493 26,00 EXHIBIT B M DESIGN A MGROUP d d'i I- I C) I _)elrv�ces The foliowfngservices will be performc.,cl at your request, Qa rid shall be cornsidered additional services to n the above, reimbursable on an hourly basis: L Additional rneetings and site visits beyond those identified. 2. Exhibit preparation beyond that identified ill the Scope of Services, I Preparation of mitigated negative studies. 111. Ifitisin theinterestof the sei-vicesofaiiyt)thercc)instittants (electrical engineer, structural engineer, architect, archeologist., or any other conmiltiant not listed as part of the design team), then upon Client's written authorization, RJM. Design Groupinc. may engage or retain any such consultant, and the engagement of each consultant shall be an expenditure reimbursable to RIM Design Group, Inc., plus a I 5Y6 coordination fee, 5. Preparation of legal descriptions/exhibits, easements, any land subdivision., ALTA Survey, and/or boundary survey. 6. Potholing on site to locate and/or verify location of subgrade, utility improvements or for soil sampling. 7. Provision cif raffic volume analysis and inventory of existing a.nd future traffic demands within the project area. 8, Design o(existing sites beyond the project area as defined in the RFR in the event that informadon in this regard is required, our cf-AISUItant team will provide for such as an additional service as requested for by the City. 9, Preservation and structural design and erigineering work to be prepared by historical architect, 10. Electrical plans to be an additional service. I L Design and compilation of any interpredve or directional signage. 12. Assume provided field topography will cover to outside of existing walkways and be sufficient for design as required, If provided survey is not compiete, please see Optional Services for cost of complete design field survey. Assumes that a Title Report and backup documents are provided in order to plot existing boundary and easements. 13, No construction survey. Certifications, inspections or administration. Constroction site visits wilt be on a dine and material basis. 14. Assume only minor storm drain a ddiulion arid. i i o major relo Ca t ic P. s � 1.5, Assume existing handicap a(-.ces's is adequate and no addidonal work is required. 16, Excludes SWPPP Hydrology and Erosion Control Plans, I.7. Excludes a WQMR Please add $2,000 if required 18, Exchides sewer and water connections. 19, Assumes irrigation poim-o . konm,a(.,.Lion for water and power is existing. SAN d., ;:AN `�ANO � SACIPAMf Moro 20 MMAN DEIIGN Rj GROUP ELM (Estimawd.Allowance $3,500) When incurred, the. following project expenses will be hided at cost plus 15% handling fee. These costs have not been. inchidedin the fee. SC[ledLlk� * All cons�iltmt reproduction ® Printing, plotting, copying, photography, graphic expenses, special delivery and handling of I y doc-,mients, and sN.)ping * Permits, plan check, and inspection * Soils testing In the evelitthe City has, or will establish a reprographics account, ow, reprographics costs may be run through this ITSOLB-CC to avoid the 15% handling fee. J; �.J DESIGN GROUP IV C -A Rj m No special coria, u 11 i ng services other than ffiose identified are included as part of the professional set -vices. Compensation. for ad d i tional services will he mi an hourly basis at our sta 11dard rates as follows: PRINCIPAL LANDSCAPE ARCHITECT ASSOCIATEUNDSCAPE ARCHITECT LANDSCAPE ARCHITECT / PROJECT MANAGER JOB CAPTAIN / LANDSCAPE DESIGNFR CARD TECHNICIAN DRAFTSPERSON WORD PROCESSOR GlDDXAilRRLGAllQNJ9,ZlGX PRINCIPAL K0,NSQRZUMJ PRINCIPAL PROJECT ASSOCIATE PROJECTENGINFI,-,R PROJECT MANAGER DESIGNER CADD DRAFTING CLE,RICAL RCE__C0__NaUljA M_ PRINCIPAL PROJECT MANAGER PROJECTENGINEER PROJECTSURVEYOR DESIGN ENGINEER CoMptjrl'ER. DRAI`TSPERSON PROJECT ASSISTANT 3 -MAN SURVFY CREW 2 -MAN SURVEY CREW HORTICULTURIST $1.45 - '$'16i ' ) per hour $1301- $140 per hour $115 - $j 25 per hour $ 100 - $110 per hOUr $ 85 - $ 95 pet, liour $ 70 - $ 80 per hour $ 55 - $ 65 per 11OUT' $85 per Elour $170 per liow, S1,35 per hour - $1.2 5 our$1.25 per, i-icmr $115 perhour $ 95 per liour S 75 per hour S 60 per hour $160-00 Per hour $1213 00 per 11(jur $'100,00 pet- hour $120,00 per hour $ 90,00 per hmr- $ $ 70.00 per how- $ 50 00 per boor $260,00 P el. holt r $210,00 per hour $1 0,00 per llour. SAN JAN ',-.APWf,Ater 22 ev.,w N,(W M-5 2600 ATTACHMENT 2 THE CITY OF SAH JUAN CAPISTRANO PROJECT LOCATION MAP tX'' r t. 4-4 A",6G: E,� 35 . 1 r�< '9 i i( . d r _ � ✓ ��t��.i ��r �''i✓ " " 7y � � Gni-''��// k' ?✓ �,.: m Blas Aguilar Adobe 31806 EI Camino Real ~' VIUN Al � ys, 3000 60010 9COG Feet I i ATTACHMENT 2 Section 14, Project Summary Blas Aguilar Adobe The Blas Aguilar Adobe project is a 0.65 acre project site located adjacent to and partially within the Historic Town Center Archaeological Park on El Camino Real south of Ortega Highway in the heart of San Juan Capistrano's historic downtown and within walking distance from economically disadvantaged residential areas. The project includes the seismic stabilization and repair to the roof of a historic adobe listed in the National Register of Historic Places and the creation of interpretive historic features and a native plant garden/orchard that will expand the natural, historic and Native American resource educational programs of the Museum which is housed in the Adobe. Historic photographs from the turn of the last century show the original building complex including the former Casa Tejada on the other side of a walled courtyard south of the Blas Aguilar Adobe. A well with a wooden hoist structure and an hormo oven were both present within the courtyard. The adobe complex, known as La Hacienda Aguilar, was owned by the last alcalde of San Juan Capistrano, Don Blas Aguilar. Today, the Adobe is home to the Blas Aguilar Adobe Museum and Juaneho Acjachemen Cultural Center operated under license from the City by the Blas Aguilar Adobe Foundation. The Museum curates and displays historic and pre -historic artifacts and eco -artifacts including manos, metates, points, shells and beads, baskets and textiles, Native American canoe, animal skins and teeth, etc., and features historic photographic displays and an interpreted late -1800s era bedroom. The project proposes to re-create the missing exterior well and horno features as a means of enhancing the interpretive quality of the site and expanding the educational aspect of the Museum to the outdoors. Other interpretive and nature education enhancements would include a native/California friendly plant garden by the Adobe and outlining the front courtyard wall and possibly the foundations of the former Casa Tejada either at -grade with stones or with low adobe walls. There is the possibility of re-creating a zanja water feature near an existing drainage feature as well as a historically compatible storage building behind the Adobe so that the existing artifact curation room could become exhibit space for collections; these may be phased as use agreement details are worked out through the design process. Other proposed enhancements would increase the public's ease of access to the Adobe and functionality of the facility. These include the removal of the in -ground landscape at the front of the Adobe with creation of a patio with ladrillo tiles or other rustic material and potted plants. The patio would allow individuals and tour groups more room and a safer area to gather near the Adobe's entrance. A decomposed granite pathway would be installed along the street in front of the Adobe down to the entrance to the Park for continuity of access. The outdoor interpretive features and garden will be open to the public year-round and will serve all County residents. The Museum will continue to be open on the weekends, for special events and during the week by appointment to visiting tour groups and individuals. this project will provide the opportunity for the Adobe to not only continue to serve as a museum, but also to expand outside its walls in enhanced Native plantings, re -constructed features, programs and classes which emphasize that connection. The project will demonstrate to visitors the history of the importance of the natural environment to the indigenous Native American community and how principles handed down from generation to generation are valid for today's environmental stewardship. 45 Page 1 ATTACHMENT 3 It a. r ' F KALI i �~ r r � rw�tv2 I ' � r?• c"T7Ff-chill'<�,o � �'� �'.rK'9'? F'lAi.� y_t?tea£ �niAnl�'IL�-: t l GC F3ccL,sf Cly AN S�AAhS CA�� 7C1'�rsb CA LI h! & A6LA 1 L O lmr"vflmfNT Page 2 32400 PASEO ADELANTQ KM76 E€ABE6%5 DF TFIE CITY CDUP�CIL SAES JUAN3 CAPIS-"RAND, CA 92675L-1- I SAM ALLEVATO (949) 493-1171 EESE (949) 9 1OS3 FAQ IREOAPaARTEA LARRYKRAME �: ���� IYK�R b�Vi wsanjuancapistrano.org " DEREK REEVE JOHN TAYLOR TRANSMITTAL TO: RJM DESIGN GROUP, INC. LARRY P. RYAN 31591 CAMINO CAPISTRANO SAN JUAN CAPISTRANO, CA 92675 DATE: November 15, 2011 FROM. Christy Jakl, Deputy City Clerk (949) 443-6310 RE. Personal Services Agreement — Landscape Design for Blas Aguilar Adobe Project (CIP 07403) Thank you for providing 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) 443-6310. If you have questions concerning the agreement, please contact Teri Delcamp, Historic Preservation Manager at (949) 443-6330. An original agreement is enclosed for your records. Cc: Teri Delcamp, Historic Preservation Manager San ,Dean Capistrano: Preserving tete Past to Enhance the T'uture Printed an 100% recycled paper Today's Date: Transmittal Routing (Check All That Apply) ❑ City Attorney ❑ City Manager ❑ City Clerk CONTRACT TRANSMITTAL CIP No. (if any): Project Manager's Last Name: WC"—* Phone Extension: truo Council or CRA Meeting Date (if applicable): l(/( / u APPROVING AUTHORITY: (Check One) ❑ Mayor �❑{ CRA Chair XJ 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: OTHER INSTRUCTIONS: his oonl t Is 9oi'-)-to fu CC htt# o,4 It / I / 1( . -W Ca1avAto,+s)V0A -�Ie 'hQ o4zr(44 a-4 C)VK - oK'g a.d c ip--4 . l Form Daley 01-2004 D-7 Christy JAI From: Christy Jakl Sent: Tuesday, November 08, 2011 12:48 PM To: Teri Delcamp Cc: Ayako Rauterkus Subject: RJM Design -Group - Need Insurance Hi Teri, As a follow up from our conversation yesterday, please have RJM Design Group provide all necessary insurance documents for their approved contract. Thank youth O 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 32400 PASEO Ad6LANTO SAN JUAN CAPISTRANO. CA 92675 (949) 4931171 (949) 4931053 FAx www.sanjuancapistrano.org TRANSMITTAL TO: RJM DESIGN GROUP, INC. LARRY P. RYAN . 31591 CAMINO CAPISTRANO SAN JUAN CAPISTRANO, CA 92675 DATE: November 15, 2011 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBERS OF THE CITY COUNCL SMA ALLEVATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR RE: Personal Services Agreement — Landscape Design for Blas Aguilar Adobe Project (CIP 07403) Thank you for providing 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) 443-6310. If you have questions concerning the agreement, please contact Teri Delcamp, Historic Preservation Manager at (949) 443-6330. An original agreement is enclosed for your records. Cc: Teri Delcamp, Historic Preservation Manager San Juan Capistrano: Preserving the Past to .Enhance the Future 0 primed an 100% recydea pacer Christy Jaki From: Christy Jakl Sent: Tuesday, November 15, 2011 12:33 PM To: Teri Delcamp Cc: Ayako Rauterkus Subject: RJM Design Agreement - Bias Aguilar Attachments: RJM Design.pdf Hello, Attached is the executed PSA with RIM Design. Thanks!! Christ? Jaki Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax