16-0628_SPOHN RANCH, INC_Professional Services AgreementSpohn Ranch, Inc.
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of June 28, 2016 by and between
the City of San Juan Capistrano, a municipal corporation organized and operating under
the laws of the State of California with its principal place of business at 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675 ("City"), and Spohn Ranch, Inc., a
CALIFORNIA CORPORATION with its principal place of business at 6824 S. Centinela
Ave, Los Angeles, CA 90230 (hereinafter referred to as "Contractor"). City and
Contractor 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 of
professional services for the following project:
Professional Skateboard Park Design Services (hereinafter referred to as "the Project").
B. Contractor is duly licensed and has the necessary qualifications to
provide such services.
C. The Parties desire by this Agreement to establish the terms for City to
retain Contractor to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Contractor shall provide the City with the services described in the Scope
of Services attached hereto as Exhibit "A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such
services in accordance with the Schedule of Charges set forth in Exhibit "B."
b. City agrees to pay Contractor the services fee hereunder, which
shall not exceed $22,000 as set forth in Exhibit "A," for a professional skateboard park
design.
3. Additional Work.
If changes in the work seem merited by Contractor 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 Contractor 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 Contractor 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 .
Contractor shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice
to Proceed"). Contractor shall provide a professional skateboard park design.
6. Delays in Perfo rm ance.
a . Neither City nor Contractor 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 such 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.
7. Co m pliance with La w .
a. Contractor shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cai/OSHA
requirements.
b. If required, Contractor shall assist the City, as requested, in obtaining and
maintaining all permits required of Contractor by federal, state and local regulatory
agencies.
c. If applicable, Contractor 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
Contractor'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. Assignment and Subcontractor
Contractor 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 may be
withheld for any reason. 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 Contractor from
employing independent associates and subcontractors as Contractor may deem
appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Contractor is retained as an independent contractor and is not an employee of
City. No employee or agent of Contractor 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. Contractor 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, Contractor shall not allow any subcontractor to commence work on
any subcontract until it has secured all insurance required under this section.
a. Commercia l Ge nera l Li a bil ity
(i) The Contractor 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
be at least as broad as the following:
(1) Insurance Services Office Commercial General
Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii)
coverage for the following:
Commercial General Liability Insurance must include
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Contractual Liability with respect to this Contract
(6) Broad Form Property Damage
(7) 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 written
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 Contractor 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 Symbol1, any auto).
(iii) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status.
(iv) Subject to written 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) Contractor 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 Contractor has employees at any time during
the term of this Agreement, at all times during the performance of the work under this
Agreement, the Contractor shall maintain full compensation insurance for all persons
employed directly by 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. Contractor shall require all
subcontractors 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 Liabil ity (Errors and Omissions)
At all times during the performance of the work under this Agreement the
Contractor shall maintain professional liability or Errors and Omissions insurance
appropriate to its profession, in a form and with insurance companies acceptable to the
City and in an amount indicated herein. "Covered Professional Services" as designated
in the policy must specifically include work performed under this Agreement. The policy
must "pay on behalf of' the insured and must include a provision establishing the
insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the
Agreement:
Commercial General Liability
Automobile Liability
Employer's Liability
Professional Liability
Combined Single Limit
$1 ,000,000 per occurrence/ $2,000,000
aggregate for bodily injury, personal injury,
and property damage
$1 ,000,000 per occurrence for bodily injury
and property damage
$1 ,000,000 per occurrence
$1,000,000 per claim and aggregate (errors
and omissions)
(ii) Defense costs shall be payable within the $2M limit.
(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 Requ ired
Prior to execution of the Agreement, the Contractor 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 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) Contractor shall provide the City at least thirty (30) days
prior written notice of cancellation of any policy required by this Agreement, except that
the Contractor shall provide at least ten (1 0) 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 Contractor shall deliver
renewal certificate(s) including the General Liability Additional Insured Endorsement to
the City at least ten (1 0) 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 Contractor'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. Contractor shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Contractor 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 Contractor or others providing insurance evidence in compliance with
these specifications to waive their right of recovery prior to a loss. Contractor hereby
waives its own right of recovery against City, and shall require similar written express
waivers and insurance clauses from each of its subcontractors
(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
Contractor from liability in excess of such coverage, nor shall it limit the Contractor'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 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.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Contractor, 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 Contractor 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
Contractor or City will withhold amounts sufficient to pay premium from Contractor
payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Contractor to provide complete
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. Subcontractor Insurance Requirements . Contractor shall not
allow any subcontractors or subcontractors 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 subcontractors 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 Contractor, City may approve different
scopes or minimum limits of insurance for particular subcontractors or subcontractors.
12. Indemnification.
a. To the fullest extent permitted by law, Contractor shall defend
(with counsel reasonably approved by the City), indemnify and hold the City, its officials,
officers, employees, agents and volunteers free and harmless from any and all claims,
demands, causes of action, suits, actions, proceedings, costs, expenses, liability,
judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or
equity, to property or persons, including wrongful death, (collectively, "Claims') in any
manner proximately caused by acts, errors or omissions, or willful misconduct of
Contractor, its officials, officers, employees, subcontractors, Contractors or agents in
connection with the performance of the Contractor's services, the Project or this
Agreement, including without limitation the payment of all consequential damages,
expert witness fees and attorneys' fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil
Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil
Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Contractor. Contractor's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its
officials, officers, employees, agents or volunteers .
b. Additional Indemnity Obligations . Contractor shall defend at
Contractor's own cost, expense and risk, any and all Claims covered by this section that
may be brought or instituted against the City, its officials, officers, employees, agents or
volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against the City, its officials, officers, employees, agents or volunteers as part
of any such claim, suit, action or other proceeding. Contractor shall also reimburse City
for the cost of any settlement paid by the City, its officials, officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including
expert witness fees. Contractor shall reimburse the City, its officials, officers,
employees, agents and volunteers, for any and all legal expenses and costs incurred by
each of them in connection therewith or in enforcing the indemnity herein
provided. Contractor's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its officials, officers, employees, agents and
volunteers.
13. California Labor Code Requirements.
a. Contractor 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. 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, Contractor agrees to fully comply with such
Prevailing Wage Laws, if applicable. Contractor shall defend, indemnify and hold the
City, its elected 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 Contractor and
all subcontractors to comply with all California Labor Code provisions, which include but
are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
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 Contractor and all subcontractors performing such Services must be
registered with the Department of Industrial Relations. Contractor shall maintain
registration for the duration of the Project and require the same of any subcontractors,
as applicable. This Project may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Contractor's sole
responsibility to comply with all applicable registration and labor compliance
requirements.
14. Verification of Employment Eligibility .
By executing this Agreement, Contractor 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 1986, as may be amended from time to time, and shall require all subcontractors
and sub-subcontractors to comply with the same.
15. 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 the County of Orange, State
of California.
16. 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 (1 0) calendar days written notice to Contractor.
In such event, City shall be immediately given perpetual license to use 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 Contractor 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 Contractor 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. Contractor
shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Contractor 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 Contractor.
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
instruments of service, to which City (including its employees, contractors and
subcontractors) has perpetual license to use.
City shall not sell or otherwise transfer such instruments of service to any other
person or entity or duplicate the project designed under this Agreement elsewhere within
the City; provided, however, that if the City determines that the currently proposed
project site is not suitable for the project, the City may use the instruments of service
(including the project design) at one other location within the City.
19. Organ ization
Contractor shall assign Steve Jefferies 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.
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:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Kipp Lyons
and shall be effective upon receipt thereof.
22. Third Party Rights
CONTRACTOR:
Spohn Ranch, Inc
6824 S. Centinela Ave.
Los Angeles, CA 90230
Attn: Aaron Spohn
Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than the City and the Contractor.
23. Equal Opportunity Employment.
Contractor 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
Contractor 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
The unenforceability, invalidity or illegality of any provision(s) of this Agreement
shall not render the provisions unenforceable, invalid or illegal.
26. Successors and Ass igns
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, Contractor 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. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Contractors
City reserves its right to employ other Contractors, including engineers, in
connection with this Project or other projects.
30. Prohibited Interests
Contractor maintains and warrants that it has not employed nor retained any
company or person, other than a bona fide employee working solely for Contractor, to
solicit or secure this Agreement. Further, Contractor 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 Contractor, 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.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND GARDEN STATE FIREWORKS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
date first written above.
CITY OF SAN JUAN CAPISTRANO SPOHN RANCH, INC
By:
Its :
Printed Name: -I<J~ .:0~
By:
APPROVED AS TO FORM :
By:
City Attorney
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND SPOHN RANCH, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO
By:
Ben Siegel
City Manager
ATTEST·
By:
City Clerk
SPOHN RANCH, INC
By:
Its:
Printed Name: _________ _
:~PR#03R~Lv-
City tt orney
EXHIBIT A
SCOPE OF WORK
Create conceptual design for skateboard park as described in Spohn Ranch
Proposal include as Attachment 1, in accordance with City's Request for Proposal
outlined in Attachment 2.
Exhibit B
Payment
City agrees to pay Contractor for conceptual design services for a skateboard park, which shall
not exceed $22,000, as reflected in Spohn Ranch's Fee Proposal included as Attachment 3.
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CORNERS ARE MEANT TO BE CARVED, NOT CUT
PHASE l -DESIGN DEVELOPMENT
Task 1.1 Project Kick-Off Meeting-Key staff from the City and Spohn Ranch's design team will be in_yoduced to one
another via an in-person meeting. We will review the project goals, schedule and points of coordination. We will compile
and distribute a contact sheet with contact information for all persons from the City and Spohn Ranch's design team who
will be involved with the project.
We'll also launch an online portal for the project accessible by project team members and City staff. The online site will
provide a server for all project files, as well as have a project schedule tracking progress and identifying key milestones-
ensuring everyone is on the same page and has access to the same information.
• Task 1.1 Deliverable
o Contact Sheet (PDF)
o Kick-Off Meeting Minutes (PDF)
Task 1.2 Information Gathering & Review-During the kick-off meeting, Spohn Ranch and City staff will take stock of
existing site data, studies and any another informati on pertinent to the project site . We will compile a list of site studies
yet to be produced and either sub-contract these services locally or work with the City to acquire them. The site
information typically required to begin design work is described below:
• Site survey in AutoCAD format indicating spot elevations, topography, benchmark and/or control point locations,
drain inlets and their invert elevations, location of existing structures/features such as trees, asphalt/concrete
pathways, walls, curbs, light poles, sign posts, fire hydrants, manhole covers, fences, gates, irrigation system
components, visible utilities, known buried utilities, known easements, etc .
• Geotechnical report summarizing sub-surface conditions. Report should discuss water table depth, soil
composition and provide recommendations for site preparation, drainage and concrete construction.
• Any master plan design work or future improvements planned for the site.
• Any local or state design requirements such as a stormwater management code, etc.
• Photographs showing visual themes or aesthetic details from the community or the site and its existing
structures that should be carried over into the skatepark design.
We hold a strong belief that a thorough analysis of the site conditions at the beginning of the project is vital to a
successful end result. Developing an in-depth understanding of our canvas ensures responsible design work and helps us
avoid surprises down the road that cost both time and money.
Task 1.3 41h of July Community Event-Spohn Ranch will set up an informational booth at the City's 4th of July event to
solicit community input regarding the skate park-both from skateboarders interested in terrain specifics and non-
skateboarding residents with concerns.
• Task 1.3 Deliverable
o Meeting Minutes (PDF)
Task 1 .4 Community Design Workshop-Spohn Ranch will host a public meeti ng to give a "Skate parks 101" presentation
and gather input from the community. After years of educational lectures at parks and recreation conferences, Spohn
~------------------------------------------ATTACHMENT1
Ranch 's staff have become experts in public speaking and know how to connect with an audience-whether it's a young
skateboarder or an elderly community member with NIMBY concerns. A typical workshop lasts 2-3 hours and breaks
down as follows :
6:00-6:15 Project Introduction
6:15-6:30 Spohn Ranch Company Background
6:30-6:45 Skatepark Evolution And Typology
6:45-7:00 Analysis Of Regional Skate parks-Pros/Cons
7:00-8:00 User Input
• User Input Surveys
• Feature/terrain ranking
• 3D model exploration
8:00-8:30 Open Discussion And Meeting Wrap-Up
• Task 1.4 Deliverable
o Workshop Flyer (JPEG)
o Workshop Minutes (PDF)
Task 1.5 50% Design Development-Incorporating feedback from the community design workshop (and Facebook page),
Spohn Ranch will prepare a conceptual design . Conceptual design will address footprint, siting, access, circulation and
elevations, but not detail the specific dimensions of every obstacle.
• Task 1.5 Deliverable
o 3D renderings produced in 3D Studio Max (JPEG)
o Labeled and dimensioned 2D site plan (PDF)
o Line-itemed construction cost estimate & corresponding list of quantities, materials, services, and
equipment (Excel}
o 2D base file (AutoCAD)
Task 1.6 50% Design Development Review Meeting-Spohn Ranch will lead a meeting with key stakeholders including
City staff to present the conceptual design and solicit feedback.
• Task 1.6 Deliverable
o Workshop Minutes (PDF)
Task 1.7 100% Design Development -Incorporating feedback from the 50% Design Development review meeting, Spohn
Ranch will refine the conceptual design until consensus and 100% Design Development is reached. With footprint, access
and circulation established, this step will allow us to begin focusing on some of the finer details-such as color pallets and
the exact dimensions of specific obstacles.
• Task 1. 7 Deliverable
o 30 renderings produced in 30 Studio Max (JPEG)
o Labeled and dimensioned 2D site plan (PDF)
o Construction cost estimate & material/service quantity breakdown (Excel)
o 2D base file (AutoCAD)
Task 1.8 Fundralsing Support-Spohn Ranch will tailor our process to support the community's fundraising efforts-
researching opportunities, providing material for grant applications, coordinating with local material/ service donors, etc.
We will also make ourselves available for ongoing support throughout the fund raising process.
--.~ -----
L----._ _____ PROJECT SCHEDDCB
CONTRACT
AWARD
PROJECT KICK-OFF
MEETING
INFORMATION GATHERING & REVIEW
4fH OF JULY COMMUNITY EVENT
COMMUNITY DESIGN WORKSHOP
50% DESIGN DEVELOPMENT
50% DO REVIEW MEETING
1 00% DESIGN DEVELOPMENT
6/21/2016
6/27/2016
6/28/2016-7/8/2016
7/4/2016
7/ll/2016
SAN JUAN CAPISTRANO SKAlEPARK DESIGN-2016
7/12/2016-7/29/2016
8/l/2016
8/2/2016
-8/26/2016
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-
Request for Proposals (RFP)
Skate Park Conceptual Design Professional Services City of San Juan Capistrano
Ill. SCOPE OF SERVICES
1. Research & Base Plan Development
a) Perform all necessary research to establish the location of utilities within the
project limits . The City will provide consultant with copies of available as-built
plans. The Consultant shall ensure that the conceptual design is compatible
with all utilities within the project area.
b) The City will provide an aerial photo (electronic file) as the basis for the
creation of the conceptual plan .
2. Community Design Workshop /Information
a) Solicit public input during the City's annual 4 1h of July event at the Community
Sports Park . Assume six (6) hours of personnel time for this task .
b) Plan, organize, and conduct one (1) Community Workshop with interested
community groups and local residents to obtain public input regarding the
proposed skate park. Assume four ( 4) hours of personnel time for the
workshop.
c) Provide the City's project manager a summary of public input I comments
from the above task items "a " and "b".
3. Concept Plan
a) Develop one (1) preliminary color Concept Plan and artistic rendering that
incorporates input I comments received from the public during the 41h of July
Community Event and the Community Workshop .
b) Develop one (1} preliminary project amenities board that provides examples
of proposed amenities and materials.
c) Develop one (1) final color Concept Plan and artistic rendering that
incorporates input I comments received from the public during the 41h of July
Community Event and the Community Workshop.
d) Develop one (1) final project amenities board that provides examples of
proposed amenities and materials .
ATTACHMENT2
1 , I '
~
Request for Proposals (RFP)
Skate Park Conceptual Design Professional Services Citv of San Juan Capistrano
4. Opinion of Probable Cost
Prepare one ( 1) Opinion of Probable Cost (OPC) for the project. The OPC to be
prepared in an 8-1 /2"x11" format utilizing the most current trade cosiS'.
5. Meetings
a) Kick off meeting with City staff to review the scope of work, schedule and
general coordination on the project. Assume two (2) hours.
b) 41h of July Community Event. Assume six (6) hours.
c) Community Workshop. Assume four (4) hours.
d) Staff coordination meetings. Assume eight (8) hours.
6. Environmental
The preparation of environmental documents to satisfy the requirements of the
California Environmental Quality Act (CEQA) and City of San Juan Capistrano
will be conducted separately and is NOT a part of the proposal scope of work .
FEE PROPOS f\Q
SKATEPARK DESIGN SERVICES-SAN JUAN CAPISTRANO
FEE PROPOSAL
'!>Sf ~EE
MEETINGS & WORKSHOP $3 ,500.00
CAD DRAFTING FOR CONCEPTUAL DESIGN $8 ,500.00
3D RENDERING FOR CONCEPTUAL DESIGN $3 ,000.00
COST ESTIMATING $1,500.00
FUNDRAISING SUPPORT $2 ,500 .00
PROJECT MANAGEMENT & COORDINATION $3 ,000.00
. ·T A." N ~ I-:_ -I < 1-1-l.• ~E _ y~~ \JilrJ un
• Proposal is valid for 90 calendar days from June 3, 2016
HOURLY RATES
IA FI ~'S il l ' _N -j IJ I<:'.I<A [L
AARON SPOHN PRINCIPAL -IN-CHARGE $125.00
VINCENT ONEL PM & LEAD DRAFTSMAN $100 .00
DOUG HAGEN COST ESTIMATING $60.00
RENDERING ARTIST 3D RENDER ING $60.00
CAD OPERA TOR CAD DRAFTING $60.00
KIRSTEN DERMER ADMINISTRATIVE $50.00
ERIC CHASTAIN (RJM) PRINCIPAL LANDSCAPE ARCHITECT $165.00
ZACHARY MUETING (RJM) ASSOCIATE LANDSCAPE ARCHITECT $145.00
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E INFO@SPOHNRANCH .COM I 68 24 S CENTINELA AVE . LOS ANGELES
EXHIBIT B