14-0831_RRM DESIGN GROUP, INC_Personal Services AgreementTHIS AGREEMENT is made, entered into, and shall become effective this Z)'` 7Ly
of August 2014, by and between the City of San Juan Capistrano (hereinafter referred to
as the "City") and RRM Design Group (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to prepare Design Concepts for the Verdugo Street Beautification Project (CIP
14106); 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, 2014.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $17,410
total contract amount, including all expenses, as set forth in Exhibit "B," attached and
incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to the City. Invoices shall be addressed as provided for in
Section 16 below.
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
Agency'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. Familiari with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
Section 8. Time of Essence.
tr
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
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.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
bold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
3
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).
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
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 volunteers.
14.5 Errors and Omissions Coverage [FOR PROFESSIONSNUORK
EXCLUDED FROM GENERAL LIABILITY]
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14,6 Notice of Cancellation/Termination of Insurance.
The above policylpolicies 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.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14,8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
. In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Steve Kooyman, Assistant Director of Public Works
To Consultant: RRM Design Group
32332 Cammino Capistrano Ste. 205
San Juan Capristano, CA 92575
Attn: Brian Hannigan
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.
Section 20. Counterparts and Facsimile signatures.
This Agreement may be executed by the Parties in counterparts, which counterparts
shall be construed together and have the same effect as if all the Parties had executed the
same instrument. Counterpart signatures may be transmitted by facsimile, email, or other
electronic means and have the same force and effect as if they were original signatures.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
STRAND
n P. Best; City Manager
RRM Design Group
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Mike Sherrod, Principle
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July 7, 2014
Mr. Joseph Mankawich
Associate Engineer
City of San Juan Capistrano
San Juan Capistrano, CA 90071
RE: Verdugo Street Beautification Plan
Proposed Scope of Services
Dear Joe,
RRM resign Group would like to thank you again for the opportunity to work with you and city staff on
providing streetscape design services for the Beautification of Verdugo Street. We have prepared the
following scope of services and fees for your review and approval to cover the design tasks as you had
identified in your Scope of Work letter. As requested, we have segmented the work effort into five tasks
through the concept design development. Please see the below detailed scope of services.
SCOPE OF SERVICES
PHASE 1: STREET BEAUTIFICATION CONCEPT ALTERNATIVES
Task 1: Design Meetings
Task 1 Fee: $1,260
Using the 2007 Verdugo Street concept plan as a bases for the design approach, RRM will meet with the
city as a working design meeting to explore two (2) different alternatives for the Verdugo Street corridor
from the east side of Camino Capistrano to the railroad tracks near the SJC train depot including
Arguello Way pedestrian paseo.
Deliverables:
a A two (2) hour project design meeting with staff and consultant team
Task 2: Street Beautification Concept Alternatives Refinements
Task 2 Fee: $10,880
RRM will provide two refined concept alternatives using the rough design alternatives explored at the
design meeting outlined in Task 1. RRM will explore hardscape ideas, landscape treatment, lighting,
street furnishings, places for public art and other unique details. Each concept will be communicated in
color 24"06" scaled plan view exhibits along with photo example board of the proposed materials for
each option.
Deliverables:
Two (2) 24"x36" Color Rendered Concept Design Options
Two (2) 24"x36" Concept Material Boards for each Option
Preliminary cost estimates for each concept
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Page 2 of 4
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Task 3: Stakeholder Meeting Task 3 Fee: $2,550
This task will involve participation of a meeting with various stakeholders adjacent to the Verdugo Street
corridor, City staff, landowners, merchants, and the public with an interest in the project. The purpose
of this meeting will be to listen to the issues, observations, and ideas of key individuals regarding the
planning area and it's potential. Comments and input will be gathered on the two design concepts
developed in Tasks 1 and 2 and the review and comments of the 2007 concept plan. RRM will work with
the city staff to prepare a report that summarizes the stakeholder evaluation and input on the three
concepts.
Deliverables:
Prepare for and attend Stakeholder Meeting
Prepare stakeholder input and comment report for all three concepts
Task 4: Planning Commission Presentation
Task 4 Fee: $1,550
RRM will work with City staff to prepare for and present a PowerPoint of the three (3) Streetscape Plan
concepts and the comments from the stakeholder input to the Planning Commission for their review,
questions, and recommendation.
Deliverables:
Prepare for and present a PowerPoint of the three (3) Streetscape Plan concepts to
the Planning Commission.
Support media/graphics
Task 5: City Council Presentation
Task 5 Fee: $1,170
RRM will work with City staff to prepare for and present to the City Council a PowerPoint of the three (3)
Streetscape Plan concepts presented to the Planning Commission. The presentation will solicit City
Council to review, ask questions, and make pertinent recommendations for the next level of concept
refinements.
Deliverables:
• Prepare for and present a PowerPoint of the three (3) Streetscape Plan concepts
and Estimate package to the City Council for review, questions and
recommendations.
• Support media/graphics.
Street Beautification Concept Scope of Services
July 7, 2014
Page 3 of 4
LIMITATIONS OF SCOPE
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Please note that the tasks to be performed by the RRM team are limited purely to those outlined above.
Substantive changes requested by the client or changes in the client's program or direction that are
inconsistent with prior approvals are subject to additional services fees. Any additional services that
RRM Design Group is asked to perform over and beyond those described above will be billed on a
negotiated and client -approved, fixed -fee or hourly basis per the terms of the enclosed Exhibit A-1.
The following services or tasks are specifically excluded from the scope;
• Environmental Documentation
• SWPPP plans and processing
• Electrical Engineering
• Structural Engineering
• Geotechnical Engineering
• Horizontal Control Plans
• Grading & Drainage Plans
• Demolition Plans
• Phased Plan Submittal
If you have any questions or require clarification of the scope of services and fees outlined above, please
do not hesitate to call us. If this scope of services is acceptable, please sign where indicated below;
return one set to RRM and retain one set for your records. Thank you again for this opportunity.
Sincerely,
RRM DESIGN GROUP
Brian Hannegan
Project Manager
�MikeS`�herrod, ASLA, LEED AP
Principal
CA License No. 4320
Street Beautification Concept Scope of Services
July 7, 2014
Page 4 of 4
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The person signing and executing this contract for the Client represents and warrants that they are duly authorized
and has the legal capacity and actual authority to bind the Client to each and every term, condition and obligation
of this contract and that all requirements of the Client have been fulfilled to provide such authority.
AUTHORIZATION TO PROCEED BY CLIENT REPRESENTATIVE:
Sign
Print Nome, Title
Billing Address (if different from mailing address)
Tasks Authorized [OPTIONAL]
(all tasks authorized unless otherwise noted)
Date
creating environments peopie enjoy'
June 9, 2014
Mr. Joseph Mankawich
Associate Engineer
City of San Juan Capistrano
San Juan Capistrano, CA 90071
RE: Verdugo Street Beautification Plan
Proposed Scope of Services
Dear Joe,
It was great meeting with you and staff the other day to talk about the Verdugo Street project. RRM
Design Group would like to thank you again for the opportunity to work with you and city staff on
providing streetscape design services for the Beautification of Verdugo Street. We have prepared the
following scope of services and fees for your review and approval to cover the design tasks. As
requested, we have segmented the work effort into three (3) phases through the concept design
development. Please see the below detailed scope of services.
SCOPE OF SERVICES
PHASE 1: STREET BEAUTIFICATION CONCEPT ALTERNATIVES
Task 1.1: Design Meetings
.......... ................................................... .................
RRM will meet with the city as a working design meeting to explore different alternatives for the street
corridor and adjacent land uses. RRM will take the ideas and sketches from the meeting and develop
two refined concept alternatives for review and analysis. RRM will meet with the city again to review the
alternatives to determine the best design elements from each.
Deliverables:
• Two (2) Project Design Team Meetings
Task 1.2: Street Beautification Concept Alternatives
RRM will provide two concept alternatives using the current concept plan provided by the City. The
concept alternatives will explore hardscape ideas, landscape treatment, lighting, street furnishings,
places for public art and other unique details. Each concept will be communicated in color 24"06"
scaled plan view exhibits along with photo example board of the proposed materials for each option.
Deliverables:
« Two (2) 24"x36" Color Rendered Concept Design Options
® Two (2) 24"x36" Concept Material Boards for each Option
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Street Beautification Concept Scope of Services
June 9, 2014 rr1 t 1
Page 2 of 4
creating environments people enjoy'
PHASE 2: STREET BEAUTIFICATION CONCEPT PLAN
Task 2.1: Design Meeting
RRM will meet with the city to finalize comments and edits for the final design and cost estimate. RRM
will add comments and any changes to complete the final concept plan and cost estimate
Deliverables:
• One (1) Project Design Team Meetings
Task 2.2: Streetscape Beautification Refined Concept Plan and Estimate
Following the input received with staff on the concept alternatives outlined in Phase 1, RRM will develop
a hybrid concept plan from comments collected and provide one (1) concept plan refinement and order
of magnitude cost. The concept plan will narrow down the options for hardscape treatment, landscape
improvements, lighting, street furniture products, public art ideas, location for public art and other
unique details.
Deliverables:
• One (1) Order of Magnitude Cost
• One (1) 24"x36" Color Rendered Refined Concept Design
• One (1) 24"x36" Concept Material Board
Subtask 2.3: Stakeholder Meeting
This task will involve conducting a meeting with various stakeholders adjacent to the Verdugo Street
corridor, City staff, landowners, and merchants with an interest in the project. The purpose of this
meeting will be to listen to the issues, observations, and ideas of key individuals regarding the planning
area and it's potential. The interviews will be used to identify key issues and ideas to be addressed,
allowing the consultant team to understand desires in terms of physical improvements and current day-
to-day functions of the street and connecting paseos, and driveways.
Deliverables:
• Prepare for and attend Stakeholder Meeting
PHASE 3: FINAL STREET BEAUTIFICATION CONCEPT PLAN
Task 3.1: Design Meeting
RRM will meet with the city to finalize comments and edits for the final design and cost estimate. RRM
will add comments and any changes to complete the final concept plan and cost estimate
Deliverables:
• One (1) Project Design Team Meetings
Street Beautification Concept Scope of Services
June 9, 2014
Page 3 of 4
Task 3.2: Streetscape Beautification Final Concept Pian and Estimate
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Following the input received with staff on the concept refinement identified in Phase 2, RRM will
develop a Final Concept Pian and cost estimate for presentation to the Planning Commission and City
Council.
Deliverables:
One (1) 24"x35" Color Rendered Refined Concept Design and Order of Magnitude
Cost
Subtask 3.3: Planning Commission Presentation
RRM will work with City staff to prepare for and present the Streetscape Plan to the Planning
Commission for their review and recommendation to City Council. RRM will develop a power point
and/or other presentation support media/graphics as determined appropriate by the City/RRM team.
Deliverables:
• Prepare for and present the Final Streetscape Concept Plan package to the Planning
Commission.
• Support media/graphics
Subtask 3.4: City Council Presentation
...... .. ..........................
RRM will work with City staff to prepare for and present to the City Council the Final Streetscape
Concept Plan package for adoption. RRM will develop a power point and/or other presentation support
media/graphics as determined appropriate by the City/RRM team.
Deliverables:
• Prepare for and present the Final Concept Plan and Estimate package to the City
Council for certification and adoption respectively.
• Support media/graphics.
LIMITATIONS OF SCOPE
Please note that the tasks to be performed by the RRM team are limited purely to those outlined above.
Substantive changes requested by the client or changes in the client's program or direction that are
inconsistent with prior approvals are subject to additional services fees. Any additional services that
RRM Design Group is asked to perform over and beyond those described above will be billed on a
negotiated and client -approved, fixed -fee or hourly basis perthe terms of the enclosed Exhibit A-1.
The following services or tasks are specifically excluded from the scope:
• Environmental Documentation • Horizontal Control Plans
• SWPPP plans and processing • Grading & Drainage Plans
• Electrical Engineering ® Demolition Plans
® Structural Engineering • Phased Plan Submittal
• Geotechnical Engineering
Street Beautification Concept Scope of Services
June 9, 2014
Page 4 of 4
EXHIBIT A-1: GENERAL PROVISIONS AND CONDITIONS
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RRM Design Group and Client agree that Exhibit A-1 is hereby made part of this proposal.
If you have any questions or require clarification of the scope of services, Exhibit A-1 and fees outlined
above, please do not hesitate to call us. If this scope of services is acceptable, please sign where
indicated below and on the enclosed Exhibit A-1 indicating mutual agreement of the terms of this
proposal; return one set to RRM and retain one set for your records. Thank you again for this
opportunity.
Sincerely,
RRM DESIGN GROUP
Brian Hannegan
Project Manager
Enclosures): Exhibit A-1 and Fee Schedule
�Mike
Sherrod, ASLA, LEELi AP
Principal
CA License No. 4320
The person signing and executing this contract for the Client represents and warrants that they are duly authorized
and has the legal capacity and actual authority to bind the Client to each and every term, condition and obligation
of this contract and that all requirements of the Client have been fulfilled to provide such authority.
AUTHORIZATION TO PROCEED BY CLIENT REPRESENTATIVE:
Sign
Print Name, Title
Billing Address (if different from mailing address)
Tasks Authorized [OPTIONAL]
(all tasks authorized unless otherwise noted)
Date
San Luis Obispo
3765 S. Higuera St., Ste. 102
San Luis Obispo, CA 93401
P:(805)543-1794 1 F:(805)543-4609
Santa Maria
1862 S. Broadway, Suite 101
Santa Maria, CA 93454
P:(805)349-7788 1 F;(805)354-7050
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GENERAL PROVISIONS AND CONDITIONS
The following are the terms and conditions under which RRM Design Group agrees to provide
professional services to Client. This Exhibit is intended to supplement the Agreement to which it is
attached, and together with any other exhibits shall comprise the "Agreement," Capitalized terms
not defined herein shall have the meaning ascribed to them in the Agreement.
Santa Barbara
10 East Figueroa St., Suite 1
EMPLOYEE RATES (HOURLY). Unless otherwise agreed in advance, the fees for professional
Santa Barbara, CA 93101
services performed by RRM Design Group shall be performed an a time and materials basis at
P:(805)963-8283 I F--(805)963-8184
RRM Design Group's then -current rates for such work. Schedule 1 attached hereto sets forth a
San Clemente
description of RRM Design Group standard hourly rates for its employees as of the date of this
232 Avenida Fabricante, Ste. 112
Agreement. Hourly rates may vary accordingto employee experience and proficiency, and may be
San Clemente, CA 92672
adjusted from time to time upon prior written notice to Client. Hourly rates for expert witness
P: (949) 361-7950 j F: (949) 361-7955 ffl
services or depositions shall be subject to a premium of 2x the standard hourly rate. Overtime for
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non-exempt employees, if requested by Client, shall be charged as at 1.25x the standard hourly
rate.
SUBCONSULTANT EXPENSES. The fee for subconsultants of RRM Design Group shall be actual cost plus 10% to cover RRM
Design Group's overhead and administrative expenses. Typical subconsultants may include:
Structural Engineer Irrigation Consultant Geotechnical Consultant
Mechanical Engineer Cost Estimator Archaeological Consultant
Electrical Engineer Soils Consultant Traffic Consultant
RRM Design Group shall not be responsible for subconsultants' data, interpretations, and recommendations.
REIMBURSABLE EXPENSES. Clients shall reimburse RRM Design Group for incidental expenses incurred by RRM Design Group,
or any subconsultant it may hire to perform services for the Project, at actual cost plus 10% to cover its overhead and
administrative expenses. Reimbursable expenses shall include, but are not limited to, reproduction costs, postage, shipping and
handling of drawings and documents, long distance communications, fees paid to authorities having jurisdiction over the
Project, the expense of any additional insurance requested by Client in excess of that normally carried by RRM Design Group or
its subconsultants, travel expenses (transportation / automobile / lodging / meals), renderings, and models. Reimbursable
automobile travel mileage will be billed at the current IRS business standard mileage rate.
RRM DESIGN GROUP REPRODUCTIONS. Photocopies shall be charged at a rate of $.20 per copy. All othertypes of RRM Design
Group reproductions including, but not limited to, blueprinting, process camera, typesetting, printing, and plotting, shall be
billed at RRM Design Group's internal price sheet or, in the case of work sent to outside vendors, at the local vendor's current
rate plus 10% to cover RRM Design Group overhead and administrative expenses.
FEES AND PAYMENTS. Fees for employee rates, subconsultant expenses, reimbursable expenses, and RRM Design Group
reproductions shall be billed to Client on an "as -performed basis," unless otherwise agreed by the parties in advance. PAYMENT
SHALT_ BE DUE AND PAYABLE UPON PRESENTATION. In order to defray carrying charges resulting from delayed payments, a
finance charge at 1.5% (or the maximum rate allowed by law, whichever is less) per month shall be added to the unpaid balance
after thirty (30) days from the date of RRM Design Group's invoice. RRM Design Group, without any liability to Client, reserves
the right to withhold services and work product pending payment of Client's outstanding indebtedness or advance payment as
required by RRM Design Group.
ADVANCE PAYMENT. RRM Design Group reserves the right to require payment in advance for work estimated to be done
during a given billing period.
COMMENCEMENT OF WORK. RRM Design Group's work will commence immediately upon receipt of Client's retainer and a
notice to proceed signed by Client. If notice to proceed is delayed beyond thirty (30) days, it is understood that the terms and
conditions of this Agreement are subject to revision.
TERMINATION OR SUSPENSION. Either party may terminate or suspend this Agreement upon seven (7) days prior written
notice if the other party materially breaches any provision of this Agreement and fails within seven (7) days after receipt of
written notice from the non -breaching party to commence, and continue, correction of such breach with diligence and
[Qo@O4Ct
ARC. €TC'r5 1 ENGNEERS I irsr DSCAP A CIAtrtCTS I P .NNERS 1 sus ivy�"af
A Callfor j Corporacion I Victor Montgomery, Architect NC11090 I Jetry Mkhad, PE #36895, i3 -Mb I Jeff Ferber, LA 92944
rrm ,gaup
creating environments people enjoy'
July 7, 2014
Mr. Joseph Mankawich
Associate Engineer
City of San Juan Capistrano
San Juan Capistrano, CA 90071
RE: Verdugo Street Beautification Plan
Proposed Scope of Services
Dear Joe,
RRM Design Group would like to thank you again for the opportunity to work with you and city staff on
providing streetscape design services for the Beautification of Verdugo Street. We have prepared the
following scope of services and fees for your review and approval to cover the design tasks as you had .
identified in your Scope of Work letter. As requested, we have segmented the work effort into five tasks
through the concept design development. Please see the below detailed scope of services.
SCOPE OF SERVICES
PHASE 1: STREET BEAUTIFICATION CONCEPT ALTERNATIVES
Task 1: Design Meetings Task 1 Fee: $1,260
Using the 2007 Verdugo Street concept plan as a bases for the design approach, RRM will meet with the
city as a working design meeting to explore two (2) different alternatives for the Verdugo Street corridor
from the east side of Camino Capistrano to the railroad tracks near the SJC train depot including
Arguello Way pedestrian Paseo.
Deliverables:
Y A two (2) hour project design meeting with staff and consultant team
Task 2: Street Beautification Concept Alternatives Refinements
Task 2 Fee: $10,880
RRM will provide two refined concept alternatives using the rough design alternatives explored at the
design meeting outlined in Task 1. RRM will explore hardscape ideas, landscape treatment, lighting,
street furnishings, places for public art and other unique details. Each concept will be communicated in
color 24"x36" scaled plan view exhibits along with photo example board of the proposed materials for
each option.
Deliverables:
® Two (2) 24"06" Color Rendered Concept Design Options
® Two (2) 24"06" Concept Material Boards for each Option
• Preliminary cosi estimates for each concept
3765 S. Higuera St., Ste. 102 1862 S. Broadway, Ste. 101 10 E. Figueroa St., Ste. 1
San Luis Wspu, CA 93401 Santa Maria, CA 93454 Santa Barbara, CA 93101
P: (805) 543-1794 1 F: (805) 543-4609 P: (805) 349-7788 1 F: (805) 354-7050 P: (805) 963-8283 i F: (805) 963-8184
www.rrmdesign.com
ARL"MTECT a:iE<2i&Ev'EFAS €.ANDSCAPEARCi"it"SECT-�j PLANNERS r SaURVs`fCiiS'
A Ca€forma Carporation ;Victor Montgomery, arch€tett NC71090 I Jerry Michael, PE A3FR95, LS tF6276 � Jeff Ferher, LA #2844 '
4 San I moni-e
232 Avenida Fabricante, Ste. 231
San Clemente, CA 92672
P: (949) 361-7950 j F: (949) 361-7955
Street Beautification Concept Scope of Services
July % 2014
Page 2 of 4
Task 3: Stakeholder Meeting
rr� ;group
creating environments people enjoy`
Task 3 Fee: $2,550
This task will involve participation of a meeting with various stakeholders adjacent to the Verdugo Street
corridor, City staff, landowners, merchants, and the public with an interest in the project. The purpose
of this meeting will be to listen to the issues, observations, and ideas of key individuals regarding the
planning area and it's potential. Comments and input will be gathered on the two design concepts
developed in Tasks 1 and 2 and the review and comments of the 2007 concept plan. RRM will work with
the city staff to prepare a report that summarizes the stakeholder evaluation and input on the three
concepts.
Deliverables:
: Prepare for and attend Stakeholder Meeting
• Prepare stakeholder input and comment report for all three concepts
Task 4: Planning Commission Presentation
Task 4 Fee: $1,550
RRM will work with City staff to prepare for and present a PowerPoint of the three (3) Streetscape Plan
concepts and the comments from the stakeholder input to the Planning Commission for their review,
questions, and recommendation.
Deliverables:
Prepare for and present a PowerPoint of the three (3) Streetscape Plan concepts to
the Planning Commission.
Support media/graphics
Task 5: City Council Presentation
Task 5 Fee: $1,170
RRM will work with City staff to prepare for and present to the City Council a PowerPoint of the three (3)
Streetscape Plan concepts presented to the Planning Commission. The presentation will solicit City
Council to review, ask questions, and make pertinent recommendations for the next level of concept
refinements.
Deliverables:
• Prepare for and present a PowerPoint of the three (3) Streetscape Plan concepts
and Estimate package to the City Council for review, questions and
recommendations.
• Support media/graphics.
Street Beautification Concept Scope of Services
July 7, 2014
Page 3 of
LIMITATIONS OF SCOPE
r r m �;
Street Beautification Concept Scope of Services
July 7, 2014
Page 4 of 4
rrm =,group
creating environments people enjoy
The person signing and executing this contract for the Client represents and warrants that they are duly authorized
and has the iegal capacity and actual authority to bind the Client to each and every term, condition and obligation
of this contract and that all requirements of the Client have been fulfilled to provide such authority.
AUTHORIZATION TO PROCEED BY CLIENT REPRESENTATIVE:
Sign
Print Name, Title
Billing Address (if different from mailing address)
Tasks Authorized [OPTIONAL]
(oil tasks authorized unless otherwise noted)
Date
EXHI BIT A-1
General Provisions and Conditions
Page 2 of S
rrm 'e vangroup
creating environments people enjoy"'
promptness. Failure of Client to make payments to RRM Design Group when due in accordance with this Agreement shall
constitute a material breach of this Agreement and cause for termination or, at RRM Design Group's option, cause for
suspension of performance of services. In the event of a suspension or termination of services as a result of Client's failure to
pay, RRM Design Group shall have no further obligation or liability for loss or damage incurred by Client, including damage
caused by delay, loss of agency approvals, loss of financing, or interest expenses, because of such suspension or termination of
service. Before resuming services, RRM Design Group shall be paid all sums due prior to suspension and any expenses incurred
in the interruption and resumption of RRM Design Group's services. RRM Design Group's fees for the remaining services and
the time schedules shall be equitably adjusted.
Notwithstanding any provision to the contrary, RRM Design Group shall be entitled to immediately, and without notice,
suspend the performance of any and all its obligations pursuant to this Agreement if Client files a voluntary petition seeking
relief under the United States Bankruptcy Code or if there is an involuntary petition filed against Client in the United States
Bankruptcy Court and that petition is not dismissed within fifteen (15) days of its filing. Any suspension of services made
pursuant to the provisions of this paragraph shall continue until such time as this agreement had been fully and properly
assumed in accordance with the applicable provisions of the United States Bankruptcy Code and in compliance with the final
order or judgment issued by the Bankruptcy Court. If the suspension of services continues for a period in excess of ninety (90)
days, RRM Design Group shall have the right to terminate all services pursuant to this Agreement.
ADDITIONAL SERVICES. Client agrees that if Client requests services not specified in the scope of services described in this
Agreement, Client will pay for all such additional services on a time and materials basis as extra services in accordance with the
Employee Rates and Subconsultant Expenses described above, and any other provisions of this Agreement. Client agrees to
reimburse RRM Design Group at its then standard rates for any unreimbursed costs it incurs to comply with any request or
subpoena by any attorney, legal authority, or court of law to provide records, testimony, depositions, or any other form of
information related to any legal action involving Client in which RRM Design Group is not a named party.
ADDITIONAL DOCUMENTS. RRM Design Group shall not be required to execute any document subsequent to the signing of
this Agreement that might in any way, in the judgment of RRM Design Group, breach RRM Design Group's contractual or legal
obligations or put at risk the availability or costs of its professional (if any) or general liability insurance.
LIMITATION OF LIABILITY. IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE PROJECT TO BOTH THE CLIENT AND
RRM DESIGN GROUP, THE RISKS HAVE BEEN ALLOCATED SUCH THAT THE CLIENT AGREES, TO THE FULLEST EXTENT PERMITTED
BY LAW, TO LIMIT THE LIABILITY OF RRM DESIGN GROUP TO THE CLIENT FOR ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES
OF ANY NATURE WHATSOEVER OR CLAIMS EXPENSES FROM ANY CAUSE OR CAUSES, INCLUDING ATTORNEYS' FEES AND COSTS
AND EXPERT WITNESS FEES AND COSTS, SO THAT THE TOTAL AGGREGATE LIABILITY OF RRM DESIGN GROUP TO THE CLIENT
SHALL NOT EXCEED RRM DESIGN GROUP'S TOTAL FEE FOR SERVICES RENDERED ON THIS PROJECT. IT IS INTENDED THAT THIS
LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION HOWEVER ALLEGED OR ARISING, UNLESS OTHERWISE
PROHIBITED BY LAW.
THE PARTIES FURTHER AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE
OTHER FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
By initialing and dating the following, each party agrees and accepts the limitations of liability described in this section:
RRM Design Group Date Client Date
INDEMNIFICATION. Client shall indemnify, defend, and hold harmless RRM Design Group and its officers, directors, partners,
members, employees, agents, retained consultants, and representatives from and against all damages, claims, losses, liens
debts, expenses, causes of action, obligations, and judgments, including reasonable attorney's fees and costs, caused by the
negligent acts or omissions or misrepresentations of Client or Client's consultants, their officers, directors, partners, members,
employees, agents, and representatives with respect to the Project or the default by Client hereunder but not to the extent
caused by others for whom Client and its consultants are not responsible hereunder.
Subject to any limitations set forth in this Agreement, RRM Design Group shall indemnify and hold harmless Client and its
officers, directors, members, and employees (collectively, the "Indemnitees"), but not any general contractor or others
EXHIBIT A-1
upli
2 r
rrmcl igngr yup
General Provisions and Conditions
creating environments people enjoy"'
Page 3 of 5
performing services for the Project, from and against all damages, losses, liens, judgments, and expenses caused by the
negligent acts or omissions of RRM Design Group and its agents, representatives, employees, consultants, and contractors with
respect to this Project or the default of FIRM Design Group hereunder, but not to the extent caused by the Indemnitees or
others for whom RRM Design Group is not responsible hereunder.
These indemnification provisions shall survive the termination of this Agreement and shall remain in full force and effect as long
as permitted by applicable statutes of limitation.
INSURANCE. RRM Design Group shall obtain and maintain until completion of the services liability, property, and casualty
insurance from a responsible insurer having minimum limits of not less than $1,000,000.00 for general liability and
$1,000,000.00 for property and casualty losses for each occurrence and workers' compensation insurance in the amount of the
statutory requirement. Client understands and acknowledges that RRM Design Group is not obligated to provide professional
liability insurance. .
TITLE. It is understood and agreed that all calculations, drawings, reports, specifications, documents, and data developed for
the Project, including drawings, reports, and data on any form of electronic media, developed for the Project (collectively, the
"project materials") shall remain the property of RRM Design Group, who shall be deemed the author, and shall retain all
common law, statutory law, and other rights, including copyrights, whether or not the Project is completed. Client agrees to not
transfer to others, use, or permit any other person to use the Project Materials, in whole or in part, for any purpose or project
other than the Project, without the prior written consent of RRM Design Group. Client further agrees to waive all claims against
RRM Design Group resulting in any way from any unauthorized changes or reuse of the Project Materials for any other project
by anyone other than RRM Design Group. Upon request and payment of all costs involved, Client is entitled to a copy of all final
plans and specifications for use in connection with the Project for which the plans and specifications have been prepared. Client
acknowledges that its right to utilize final plans and specifications and the services of RRM Design Group pursuant to this
Agreement will continue only so long as Client is not in default, pursuant to the terms and conditions of this Agreement, and
Client has performed all of its obligations under this Agreement.
CLIENT RESPONSIBILITIES. Client shall provide RRM Design Group with full information including a program setting forth
Client's design objectives, constraints, and construction budget criteria as applicable.
in addition, Client shall provide all information it has access to that relates to the site and the Project that may in any way
bear upon the services of RRM Design Group hereunder, including but not limited to, a legal description of the site, site survey,
a site plan, the location of utilities and underground structures at the site, previous technical reports, and any previous
environmental assessments or audits.
Client shall obtain all necessary authorizations and permits to allow RRM Design Group to have access to the site at
reasonable times throughout its performance of this agreement. RRM Design Group will take reasonable precautions to
minimize damage to the site, but unavoidable damage or alteration may occur and Client agrees to assume responsibility for
the same. Client agrees to assume responsibility for damages due to RRM Design Group's interference with subterranean
structures, such as pipes, tanks, and utility lines, that are not correctly shown on the documents provided to RRM Design Group
by Client or any third party.
Client further agrees that to the extent work on an existing site or facility requires RRM Design Group to make certain
assumptions regarding existing conditions, and because some of these assumptions may not be verifiable without expending
additional sums of money or destroying otherwise adequate or serviceable portion of the job site or facility, RRM Design Group
may not be able to obtain complete information about existing conditions. Client agrees to indemnify RRM Design Group to the
fullest extent allowed by law concerning any loss and/or claim which may arise from site conditions of which RRM Design Group
has not been informed.
Client shall furnish all legal, accounting, and insurance counseling services as may be necessary at any time for the Project,
including auditing services Client may require to verify the Contractor's applications for payment or to ascertain how or for
what purposes the Contractor uses the moneys paid by Client. The information above shall be furnished at Client's expense and
RRM Design Group shall be entitled to rely upon the accuracy and completeness thereof.
If Client observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with this
Agreement, prompt written notice shall be given by Client to RRM Design Group.
Client shall furnish information and shall review RRM Design Group work and provide decisions as expeditiously as
necessary for the orderly progress of the Project and of RRM Design Group's services.
Client understands and acknowledges that if the scope of services includes RRM Design Group's assistance in applying for
governmental permits or approvals, RRM Design Group's assistance shall not constitute a representation, warranty, or guaranty
that such permits or approvals will be acted upon favorably by any governmental agency.
EXHIBIT A-1
Generol Provisions and Conditions
Page 4 of 5
101mirrmclesigrigroup
creating environments people enjoy"'
STANDARD OF PERFORMANCE. The standard of care for all professional and related services performed or furnished by RRM
Design Group under this Agreement shall be in accordance with generally accepted professional practice in the same or similar
localities at the time the services are performed. RRM Design Group makes no warranties, express or implied, under this
Agreement or otherwise in connection with RRM Design's services. Client acknowledges that changes to this Project will
inevitably be required as a result of minor omissions, ambiguities, or inconsistencies in the plans and specifications, and
therefore Client agrees to make no claim against RRM Design Group with respect to claims by the Project's contractors or
others as a result of such omissions, ambiguities, or inconsistencies.
OPINION OF PROBABLE COST. Any evaluation of Client's budget for the Project, preliminary estimates or updated estimates of
probable cost prepared by RRM Design Group represent RRM Design Group's opinion as an experienced and qualified
professional generally familiar with the industry. It is recognized, however, that neither RRM Design Group nor Client has
control over the cost of labor, materials, equipment, or services provided by others or over competitive bidding, market, or
negotiating conditions. Accordingly, RRM Design Group cannot and does not warrant or represent that bids or negotiated prices
will not vary from Client's budget for the Project or any estimate or evaluation prepared or agreed to by RRM Design Group.
HAZARDOUS ENVIRONMENTAL CONDITION. Client acknowledges that RRM Design Group's scope of services for this Project
does not include any services related in any way to asbestos, PCB's, petroleum and/or hazardous or toxic materials (collectively,
"Hazardous Materials"). Should RRM Design Group or any other party encounter any Hazardous Materials on the job site, or
should it in any other way become known that Hazardous Materials are present or may be present on the job site or any
adjacent or nearby areas which may affect RRM Design Group's services, RRM Design Group may, at its option, suspend or
terminate work on the Project until Client: (i) retains a qualified contractor to abate and/or remove the Hazardous Materials;
and (ii) warrants that the job site is free from any Hazardous Materials and is in full compliance with applicable laws and
regulations. Client further agrees to defend, indemnify, and hold harmless RRM Design Group, its officers, directors, principals,
employees, and subconconsultants, from any Hazardous Materials related claims that may be brought by third parties.
MEDIATION. In an effort to resolve any conflicts that arise during the design and construction of the Project or following the
completion of the Project, the Client and RRM Design Group agree that all disputes between them arising out of or relating to
this Agreement or the Project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The
Client and RRM Design Group further agree to include a similar mediation provision in all agreements with independent
contractors and consultants retained for the Project and to require all independent contractors and consultants also to include
a similar mediation provision in atl agreements with their subcontractors, subconsultants, suppliers, and fabricators, thereby
providing for mediation as the primary method for dispute resolution between the parties to all those agreements.
ARBITRATION. In the event the parties to this Agreement are unable to reach a settlement of any dispute involving an amount
of less than $100,000.00 arising out of this Agreement or related to the services under this Agreement in accordance with the
Mediation section above, then such disputes may, with the consent of both parties, be settled by binding arbitration in
accordance with the rules of California Cade of Civil Procedure §§ 1280 through 1294.2 and any successor provisions thereto.
Except as otherwise provided herein, arbitration shall be the exclusive dispute resolution process. Any party may commence
arbitration by sending a written demand for arbitration to the other parties. Such demand shall set forth the nature of the
matter to be resolved by arbitration. The place of arbitration shall be in the County of San Luis Obispo, California. The
substantive law of the State of California shall be applied by the arbitrator to the resolution of the dispute. The parties shall
share equally all initial costs of arbitration. The prevailing party shall be entitled to reimbursement of reasonable attorney fees,
costs, and expenses incurred in connection with the arbitration. All decisions of the arbitrator shall be final, binding, and
conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court
having jurisdiction thereof. The arbitrator (if permitted under applicable law) or such court may issue a writ of execution to
enforce the arbitrator's decision.
LIENS. This Agreement shall not be construed to alter, affect, or waive any design professional's lien, mechanic's lien, or stop
notice right which RRM resign Group may have for the performance of services pursuant to this Agreement. Client agrees to
provide to RRM Design Group the present name and address of the record owner of the property upon which the Project is
located. Client also agrees to provide RRM Design Group with the name and address of any and all lenders who may loan
money on the Project and who are entitled to receive a preliminary notice.
EKNIBI T A-1
General Provisions and Conditions creating environments people enjoy"
Page S of S
SUCCESSORS AND ASSIGNS. All of the terms, conditions, and provisions of this Agreement shall inure to the benefit of and be
binding upon Client, RRM Design Group, and their respective successors and assigns provided, however, that no assignment of
this Agreement shall be made without the written consent of the parties to this Agreement.
FORCE MAJEURE. RRM Design Group is not responsible, and shall not be deemed in default, for delay caused by activities or
factors beyond RRM Design Group's reasonable control, including, but not limited to, delays by reason of strikes, lockouts, work
slowdowns or stoppages, accidents, acts of God, failure of Client to furnish timely information or approve or disapprove of RRM
Design Group's services promptly, or faulty performance by Client or other contractors or governmental agencies. To the extent
such delays cause RRM Design Group to perform extra services, such services shall be paid for by Client in accordance with the
terms of this Agreement.
OTHER PROVISIONS. This Agreement represents the entire agreement between RRM Design Group and Client and supersedes
all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both RRM Design Group and Client. All rights and remedies conferred under this Agreement or by any
other instrument or law shall be cumulative and may be exercised singularly or concurrently. Failure by either party to enforce
any contract term shall not be deemed a waiver of future enforcement of that or any other term. The provisions of this
Agreement are declared to be severable. Any notice, request, authorization, direction, or other communication under this
Agreement shall be given in writing and delivered in person or by certified or first-class United States mail, properly addressed
and stamped with the required postage to the intended recipient.
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EXHIBIT A-1: SCHEDULE I
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Bill Rate Ranges
Subject to change effective March Tst each year creating environments people enjoy
Administrative Assistant
$
35
$
75
..Architect _ �
$
100
_' $�
150
Assistant Manager of Architecture
$
120
- $
150
Chief Executive Officer
-
$
W170
- $
220
_Construction inspector
$
105
$
140
Design Director
-�-
$
165_-
T'___1_'5__0_
_Designer
$
60
$
100
Engineer I
$
75
- $
100
Engineer Il
$
90
$
115
Engineer Ill
$
100
$
145
Intern
$
35
$
60
Job Captain
$
70
$
i 45
Landscape Architect
$
90
$
140
Manager of Architecture
$
150
- $
195
Manager of Engineering Services
$
140
$
185
Manager of Planning
$
120
$
175
Office Coordinator
$
35
$
75
Party Chief._.�,.w�w,.,.,..w..�.-...�,..��.�..�..
$
100
- $
134
__
Planning & Landscape Architecture Assistant
$
60
$
90
Planning& Landscape Architecture Associate
$
75
$
110,
Principal_
$
140
- $
250
Principal landscape Architect
S
110
S
175
Principal Planner.
$
I�00�-W.,$
185
Project Manager
$
90
- $
175_^
Senior Civil Designer
S
110
$
145
Senior Designer
$
115
$
170_
Senior Landscape Architect
$
105
$
145
Senior Planner_
$
100
$
140
Supervisor of Surveying
S
120
S
160
Survey Technician II ��
$
70
$
100
Survey Crew Rates
REGULAR
One person person w/ GPS or Robotic Workstation
_-Two
$
$
155
person._._
$ .
_125
175
_ $235_
_Three person
$
235
$
335
PREVAILING WAGE
One person w/ GPS or Robotic Workstation
-�
_$
150
$
180
Two person
$
225
- $
300
Rev 31112014
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