20-0218_RJM DESIGN GROUP, INC._On-Call Professional Services Agreement •Y F
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CITY OF SAN JUAN CAPISTRANO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of jzinof /P , 20 by and
between the City of San Juan Capistrano ("City"), and RJM Design Group, Inc. a
CORPORATION, with its principal place of business at 31591 Camino Capistrano San Juan
Capistrano, CA 92675] (hereinafter referred to as "Consultant"). City and Consultant are
sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need ofprofessional
services for the following project:
Desigin Services Skate Park.Feasibility Study(hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services on the Project. Consultant desires to perform and assume responsibility for the
provision of certain professional services required by City on the terms and conditions set forth
in this Agreement and in the task order(s) to be issued pursuant to this Agreement ("Task
Order"). `
C. The Parties desire by this Agreement to establish_ the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A." The services shall be more particularly described in the
individual Task Order issued by the City or its designee. No services shall be performed unless
authorized by a fully executed Task Order in the form attached hereto as Exhibit "C".
2. Compensation..
a. Consultant shall receive compensation, including authorized
reimbursements, for all services rendered under this Agreement at the rates set forth in the
Schedule of Charges attached hereto as Exhibit "B" and incorporated herein by this reference.
The maximum compensation for services to be provided pursuant to each Task Order shall be
set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under
this Agreement shall not exceed the amount set forth in Section 2(b) below.
b. , In no event shall the total amount paid for services rendered by
Consultant under this Agreement and all Task Orders issued hereunder exceed the sum of the
City's approved Capital Improvement Budget. This amount is to cover all printing, traveling and
related costs, and the City will not pay any additional fees for printing expenses. Periodic
payments shall be made within 30 days of receipt of an invoice which includes a detailed
description of the work performed. Payments to Consultant for work performed will be made on
a monthly billing basis.
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3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
The term of this Agreement shall be from December 31, 2019 to December 31, 2022;
unless earlier terminated as provided herein. Consultant shall complete the services within the
term of this Agreement, and shall meet any other established schedules and deadlines set forth
in each individual Task Order issued by the City. All applicable indemnification provisions of this
Agreement shall remain in effect following the termination of this Agreement.
6. ,Delays in Per=formance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should .s,uch circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement. .
c. Any excused delay in performance shall result in a proportional extension in the
schedule.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements. .
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
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c. If applicable, Consultant is responsible for all costs of clean up and/or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8. Standard of Care . .
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in-a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assidnm:ent:arid Subconsultant.
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which shall not be
unreasonably withheld. Any attempt to so assign or so transfer without such consent shall be
void and without legal effect and shall constitute grounds for termination. Subcontracts, if any,
shall contain a provision making them subject to all provisions stipulated in this Agreement.
Nothing contained herein shall prevent Consultant from employing independent associates, and
subconsultants as Consultant may deem appropriate to ;assist in the performance of services
hereunder.
10. Independent:Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(I) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein, •
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) 'Coverage for Commercial General Liability insurance shall beCat
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or an acceptable equivalent as determined by the City
in its reasonable discretion .
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
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(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with, respect to this Agreement
(8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability;. (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to reasonable approval by the City,
and provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury' and
property damage including coverage for owned, non-owned and hired vehicles, in a form and •
with insurance companies acceptable to the City.
(ii) . Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to reasonable approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions,of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
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him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
d. Professional Liability:(Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies reasonably acceptable to the City and in an
amount indicated hereinand shall be written on a policy form coverage specifically designed to
protect against the negligent acts, errors or omissions of the Consultant. "Covered Professional
Services" as designated in the policy must specifically include work performed under this
Agreement.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer's Liability $1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Within the exception of the Professional Liability policy, defense
costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation,on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence`Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
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amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g.. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement;-B) if the policy is cancelled or not renewed;
_ or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as reasonably determined by the City, which satisfy the following minimum
requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
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Additional Insurance Provisions
(I) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide copies of all
insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or'volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. 'S:ubconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work ,on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers,
employees, volunteers, and agents free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity,
to property or persons, including wrongful death, in any manner arising out of, pertaining to, or
incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its
officials, officers, employees, subcontractors, consultants or agents in connection with the
performance of the Consultant's services, the Project,,any Task Order or this Agreement,
including without limitation the payment of all damages, expert witness fees and attorney's fees
and other related costs and expenses. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers,
employees, agents, or volunteers. The Consultant's foregoing indemnity obligation shall not
apply to the City's sole negligence or willful misconduct.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless
arises out of Consultant's performance of"design professional" services (as that term is defined
under Civil Code section 2782.8), then, and only to the extent required by Civil Code section
2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be
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limited to claims that arise out of; pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not
_exceed the Consultant's proportionate percentage of fault.
13. California.Labor Code.Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects
("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and
1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor
Code Sections 1771.4 and 1776), hours of labor. (Labor Code Sections 1813 and 1815) and
debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to
submit certified payroll records directly to the Labor Commissioner under Labor Code section
1771.4 shall not apply to work performed on a public works project that is exempt pursuant to
the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5
and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant
to the small project exemption specified in Labor Code.Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department. of Industrial Relations. It shall be Consultant's sole
responsibility to comply with all applicable registration and labor compliance requirements. Any
stop orders issued by the Department of Industrial Relations against Consultant or any
subcontractor that affect Consultant's performance of services, including any delay, shall be
Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
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1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
15. Reserved
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of(the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in th'e County of Orange, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task"completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement,, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Larry P. 'Ryan LLA as Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
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This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
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CITY: CONSULTANT:
City of San Juan Capistrano RJM Design Group
32400 Paseo Adelanto 31591 Camino Capistrano
San Juan Capistrano, CA San Juan Capistrano, CA 92675
92675 Attn: Larry P. Ryan
Attn: Joe Parco, Public Works
and shall be effective upon receipt thereof:
22. .Third.Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
23. Equal Opportunity Employmerit:,
Consultant represents that it is. an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
25. .Severability
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The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the remaining provisions unenforceable, invalid or illegal.
26. Successors.and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
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Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
• 27. Non Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Schedule
Consultant shall perform its services to meet the schedule as expeditiously as is
consistent with the exercise of professional skill and care and the orderly progress of the
Project.
29. City's Ripht to Employ Other Consultants.
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent'upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit'
arising therefrom.
31. Reserved.
32. Waiver of Consequential Damages
In no event shall either Party have any claim or right against the other Party, whether
in contact, warranty, tort (including negligence), strict liability or otherwise, for any special,
indirect, incidental or consequential damage or any kind or nature, whatsoever, such as but
not limited to loss of revenue, loss of profits on revenue, loss Of customers, or contracts, loss
of uses of equipment or loss of data, work interruption, increased cost of work or cost of any
financing, howsoever caused, even if the same were reasonably foreseeable.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND RJM DESIGN GROUP
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO RJM DESIGN aReelf#111 C�ZOUPJ C,
By
By: /4' /1/
'Benjamin Siegel
cij
City Manager Its: Vice. ' i aPA,
Printed Name:_ Lc cf w P. Rocco
ATTEST:
By: Ci0,p—MY
rk
APPROVED AS TO FORM:
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Cif Ad-Obey
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EXHIBIT A
Scope of Services
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EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a
detailed progress report that indicates the amount of budget spent on each task. Consultant will
inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-
materials contract.
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EXHIBIT C
Task Order Form
TASK as IER
J
Task Order No. 1.
Agreement: ON-CALL PROFESSIONAL SERVICES AGREEMENT
Consultant: RJM DESIGN GROUP
The Consultant is hereby authorized to perform the following services subject to the
provisions of the Agreement identified above:
Design Services—Skate Park Feasibility Study
List any attachments: Proposal, Exhibits A, B, C
Dollar Amount of Task Order: Not to exceed $45,000.00
Completion EIFate: 12/31/2020
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all
materials, except as may be otherwise noted above, and perform all services for the work above
specified in accordance with the Agreement identified above and will accept as full payment
therefore the amount shown above.
CITY OF SAN JUAN CAPISTRANO RJM DESIGN GROUP) I .1f,.
Dated: �— ale ( ) Dated: „.,, 17- C5
; 1' 01
1 t......,
By: /1,- --�.�e t By / yt� ° ,1
gi
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EXHIBITS A, B, C
da
31591 Camino Capistrano Community Inspired + .b �®
San Juan Capistrano, CA 92675 �1:S1Gld
www.RJMdesigngroup.com 1-1 RAGROUP
[949]493-2690 ff.(
[949]493-2600 phw,;
January 9,2020
Mr.Ben Siegel
City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Proposal for Design Services
Skate Park Feasibility Study
Dear Ben:
As you have requested,we are pleased to,submit this proposal for professional services for
the Skate Park Feasibility Study.We are pleased to be a part of your team and look forward /
to the opportunity of collaborating together on this exciting project. We believe our previous
experience with numerous skate parks, and dozens of Community parks shall provide
valuable insight and familiarity with the challenges that these types of project entail.
Please do not hesitate to call should you have any questions or if any additional information
is required.
Sincerely,
RIM DESIGN GROUP,INC.
Larry P.Ryan LLA
Principal Landscape Architect
19-217 City of San Juan Capistrano-Skate Park Feasibility Study
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City of San Juan Capistrano-Skate Park Feasibility Study
SCOPE OF WORK
In collaboration with City staff, our goal is to provide you with a schematic plan and cost
estimate that will serve to test the discussed site area and determine the feasibility and
"ROM"costs associated with developing a skate park at this location.
PHASE I: SCHEMATIC DESIGN
Phase One provides for the cursory research and inventory phase of.the project and the
development of the schematic plans/costs from which subsequent design decisions will be
based.
PART A: SCHEMATIC DESIGN
1. Prepare base sheet based on recent Google aerial image of the project area.
2. Review any pertinent background information regarding the site area as well as
adjacent development plans provided by the City. In general,we anticipate that
adjacent property development plans shall be provided as well as any proposed
trail linkages. It is also our understanding that all necessary utilities will be
available adjacent to the proposed project site.
3. Conduct visual field investigation to review existing conditions including: location
of existing infrastructure, catch basins, site circulation, existing trees,vegetation,
utilities, drainage, irrigation, topography, accessibility, adjacent property
relationships,structures,signage,aesthetics,and views.
4. Document all the existing features of the site including those that will be
opportunities and/or constraints to the skate park design. This information shall
be summarized with exhibits and photo boards that will be used to illustrate the
key site issues of the project to City staff to help narrate the `story' of the site,
providing the backdrop for the community's input going forward.
5. Prepare (one) schematic design plan for the proposed Skate Park area. This plan
will illustrate the following:
, a General skate park area configuration (approx. 15-20,000sf size)
▪ User access
• ADA compliant path of travel to the skate park from existing parking
• Park circulation/walkways
• Relationship to other park features
• Connectivity to existing and proposed trail features
6. Meet with CITY staff to review the schematic skate park area plan, and discuss
potential modifications.
19-217 City of San Juan Capistrano-Skate Park Feasibility Study
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7. Revise schematic plan per CITY input
8. Prepare a preliminary cost estimate based on the refined Schematic Plan.
9. Submit refined Schematic Plan and Cost Estimate to CITY for review.
19-217 City of San Juan Capistrano-Skate Park Feasibility Study
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City°Ban Capistrano-Skate Park Feasibility Study
FEE SCHEDULE
It is the objective of our Design Team to provide an efficient approach to the development of
a schematic plan/costs that will be used by the City to evaluate the potential revised site
selection for developing a City Skate Park. 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:
Phase I: Schematic Design $8;500
Total Fee: $8.SM
REIMBURSABLE EXPENSES(Estimated Allowance$500)
When incurred,the following project expenses will be billed at cost plus 15%administrative
fee in addition-to the above fee proposal:
• Printing,plotting,copying,scanning,photography,graphic expenses
• Delivery and handling of documents,shipping
• Permits,plan check,and inspection fees
• City business license
• Soils testing
PAYMENTS,
Payments are due and payable on a monthly basis following the completion of any
substantial phase of work. V
Carrying charges for overdue accounts beyond 30 days of billing date are charged at 11/2%of
the amount due, compounded monthly. .
ADDITIONAL SERVICES
Professional services not specifically identified in the scope of work will be considered
additional services and may be performed at Client's request, reimbursable at
consultant's standard hourly rates. Additional services may include,but are not limited
to:
• Additional meetings, presentations, or site visits beyond those identified in the
scope of work.
• Exhibit preparation beyond that identified in the scope of work.
• Revisions to the exhibits as a result of changes in Client's direction and/or
subsequent to Client's approval,or changes due to desired phasing options.
o Design of improvements beyond the designated project site.
• Engagement of other consultants not specifically identified below.
19-217 City of San Juan Capistrano-Skate Park Feasibility Study
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•
Client agrees to pay Consultant as compensation for all authorized work included in the
scope of work heretofore stated,at the hourly rates*below:
RIM DESIGN GROUP,INC.
PRINCIPAL LANDSCAPE ARCHITECT $175-$195 per hour
ASSOCIATE LANDSCAPE ARCHITECT $160-$170 per hour
LANDSCAPE ARCHITECT/PROJECT MANAGER $145-$155 per hour
JOB CAPTAIN/LANDSCAPE DESIGNER $130 $140 per hour
CADD TECHNICIAN $115-$125 per hour
DRAFTSPERSON $100 per hour
CLERICAL $ 85 per hour
*charges for subconsultant services are billed at cost plus a 15%coordination fee.
Billings for all time and materials and contract extension work shall be in accordance with
the level of work performed based on the categories listed above.
Hourly rates will be escalated each August 1st in accordance with any increase in the
Consumer Price Index or other mutually agreed upon cost index, beginning with August 1,
2020. Provisions for fee escalation pertain to all contract extensions and additional work.
19-217 City of San Juan Capistrano-Skate Park Feasibility Study
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, .rrm~
31591 Camino Capistrano Community Inspired Spctc s ��
San Juan Capistrano,CA 92675 DESIGN
www.RJMdesigngroup.com - GROUP
[949]493-2690 fox
[949]493-2600 phone
January 29, 2020
Mr.Thomas Toman
Public Works Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano,CA 92675
Re: Proposal for Aerial Mapping and Topographic base preparation
Dear Thomas
It was a pleasure to meet with you yesterday and to discuss the Skate Park Feasibility
Study. We are pleased to be a part of your team and look forward to the opportunity of
collaborating on this exciting project. Per our conversation I have prepared the following
proposal to prepare the topographic base map for the approximately 25 acre site, this
includes the Community Center as well as all the adjacent soccer and ballfield areas. As
discussed, this topo/base info can be used for the Skate Park project as well as any other
improvement projects envisioned for the adjacent ballfields.
•
Please do not hesitate to call should you have any questions or if any additional information )
is required. 0
Sincerely,
RJM DESIGN GROUP,INC.
014 3/4
Larry P. Ryan LLA
Principal Landscape Architect
•
19-217.1 City of San Juan Capistrano-Skate Park Topa Page 1 of 3
•
City of San Juan Capistrano-Skate Park Topo
1.SCOPE OF WORK:.This proposal includes:
A)provide an Aerial Topography
B)provide a base map with topo.,property lines and easements plotted -assuming a
Title Report is provided.
2. TOPOGRAPHY: A 20-scale Aerial Topography for up to approximately 25 acres shall be
provided and tied to a County/City benchmark&survey boundary control points
as available. The site boundary will be plotted if adequate record maps and/or a
Legal Description can be found or provided prior to commencing the Aerial
Survey. Existing easements will be plotted if a Title Report is provided with
backup documentation. This service also provides 1-day of field survey, as
required,to pick up critical elements for design.
3. PROPERTY EXCLUSIONS: This proposal excludes:
Preparation of legal descriptions/exhibits, land subdivision, and/or additional
boundary survey. The proposal excludes any title reports .& property owner's
notifications.
19-217.1 City of San Juan Capistrano-Skate Park Topo Page 2 of 3
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City of San Juan Capistrano- Skate Park Topo
FEE SCHEDULE
This fee includes all costs to be incurred by RJM Design Group, Inc. Fees for the work are as
follows:
Phase I: Aerial mapping and Field Survey $ 14,950
Total Fee: $ 14,950
PAYMENTS
Payments are due and payable on a monthly basis following thecompletion of any
substantial phase of work.
Carrying charges for overdue accounts beyond 30 days of billing date are charged at 1/%of
the amount due,compounded monthly.
ADDITIONAL SERVICES
Professional services not specifically identified in the scope of work will be considered
additional services and may be performed at Client's request, reimbursable at
consultant's standard hourly rates. Additional services may include,but are not limited
to:
• Preparation of legal descriptions/exhibits, land subdivision, and/or additional
boundary survey. The proposal excludes any title reports & property owner's
notifications.
CONSULTANTS STANDARD HOURLY FEE SCHEDULE
Client agrees to pay Consultant as compensation for all authorized work included in the
scope of work heretofore stated,at the hourly rates*below:
RJM DESIGN GROUP,INC.
PRINCIPAL LANDSCAPE ARCHITECT $175 - $195 per hour
ASSOCIATE LANDSCAPE ARCHITECT $160-$170 per hour
LANDSCAPE ARCHITECT/PROJECT MANAGER $145 -$155 per hour
JOB CAPTAIN /LANDSCAPE DESIGNER $130-$140 per hour
CADD TECHNICIAN $115 -$125 per hour
DRAFTSPERSON $100 per hour
CLERICAL $ 85 per hour
19-217 City of San Juan Capistrano-Skate Park Feasibility Study
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