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HomeMy WebLinkAboutC-8167-1 - On-Call PSA for Landscape Architecture Services1 AMENDMENT NO. THREE TO V ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC. FOR LANDSCAPE ARCHITECTURE SERVICES THIS AMENDMENT NO. THREE TO ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Three") is made and entered into as of this 30th day of December, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RJM DESIGN GROUP, INC., a California corporation ("Consultant"), whose address is 31591 Camino Capistrano, San Juan Capistrano, California 92675, and is made with reference to the following: RECITALS A. On August 1, 2016, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant to provide comprehensive professional landscape architecture services on an on -call and/or as -needed basis ("Project"). B. On July 30, 2019, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to extend the term of the Agreement. C. On July 1, 2021, City and Consultant entered into Amendment No. Two to the Agreement ("Amendment No. Two") to extend the term of the Agreement and to update the insurance requirements. D. The parties desire to enter into this Amendment No. Three to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to June 30, 2023, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2023, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, and Exhibit A to Amendment No. Three shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit B to the Agreement, and Exhibit B to this Amendment No. Three shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Eighty Nine Thousand Nine Hundred Ten Dollars and 00/100 ($189,910.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Sixty Nine Thousand Nine Hundred Ten Dollars and 00/100 ($69,910.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] RJM Design Group, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1 ° Z 22- By: 46 14 ron C. Harp City Attorney ATTEST: Date: , �Z By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California munic. al corporation Date: 7 Kevin Muldoon Mayor CONSULTANT: RJM Design Group, Inc., a California corporation Date: By: Signed in Counterpart Larry P. Ryan Chief Executive Officer Date: Signed in Counterpart By: Anita Weaver Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates RJM Design Group, Inc. Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: y / ► °l/ 2 z y < > J:ron C. Harp City Attorney ATTEST: Date: In Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONSULTANT: RJM Design Group, Inc., a California corporation Date: jl.LV)e By: Yv L rry P. Ry n Chief Exectitive fficer Date: By: 01&i�� W& Anita Weaver Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates RJM Design Group, Inc. Page 3 EXHIBIT A SCOPE OF SERVICES Peninsula Gateway Improvements Project Design PHASE 1 — DESIGN DEVELOPMENT (60% CDs) A. Demolition Plan. This plan will indicate the existing improvements to be removed. Specifically, our understanding is that the following items will be demolished as part of the project scope: Lido Site (Northern site► • Existing city logo and signage • Existing southern portion of the raised planter wall • Portion of planter wall at existing Phoenix canariensis planting • Existing 'understory' plantings of shrubs, groundcovers, pygmy date palms; bottle trees • Existing up lights • Root pruning of existing P. canariensis Balboa Site (Southern site • Existing city logo and signage • Existing understory shrubs, pygmy date palms and groundcovers; all trees with the exception of the existing P. dactylifera and Koelreuteria in raised planter by sign wall B. Precise Grading / Construction Plan. This plan will indicate the proposed improvements to be provided. Specifically, the plan will indicate: • New signage • Verification of and/or addition of back drains at existing retaining walls/ resurfacing of existing walls where finish has been failing. • Painting of existing wall caps to match wall surfacing. • New wall construction at portion of planter wall around existing P. canariensis (Lido) RJM Design Group, Inc. Page A-1 New paving (Lido site) • Refurbish existing monuments (including banner sleeve at Balboa site) C. Prepare preliminary electrical plan — indicating new signage and palm up light fixtures D. Preliminary irrigation plan — indicating proposed irrigation improvements at both project areas. E. Preliminary planting plan — indicating the proposed trees, shrubs, and ground covers to be planted within the project areas. F. Prepare preliminary construction cost estimate. G. Submit the design development demolition, construction plans, details and construction budget estimate to the City for review and approval prior to proceeding with final construction documents. PHASE II — CONSTRUCTION DOCUMENTS Prepare final construction plans based upon the approved design development plans and details. These plans will be prepared on 30" x 42" sheets and at 1" = 20' scale, including the following: 1. Civil Engineering: • Title Sheet • Demolition plan • Notes/details/sections • Precise grading plan • Erosion control plan 2. Structural Engineering: • Structural calculations (new planter wall at Lido site) • Structural details • Structural material specifications 3. Electrical Engineering: • New up lights at palms and gateway signage RJM Design Group, Inc. Page A-2 Calculation of electrical loads, short circuit calculations and voltage drop calculations • Various schedules, legends and details as required 4. Landscape Architecture: • Construction details • Irrigation plan and details • Planting plan and details 5. Specifications: Technical specifications will be prepared as Amendments to the 'Greenbook' (Standard Specifications for Public Works Construction — 2018 Edition). Our proposal has assumed that the City will provide for the 'Front End' specifications (General Provisions / Requirements, Instruction to Bidders, etc.) Note: The outlined scope of work anticipates the availability of adjacent and capable storm drain infrastructure within the immediate project boundaries for the connection of the proposed wall back drains. Alternatively - dependent upon the invert elevations of the back drains - these drains may 'daylight' through weep holes and/ or the face of existing curbs. Regarding the planting of the proposed palms - our proposal has assumed the City will confirm the existing ground water elevation is of adequate depth to allow for the planting of the proposed palm trees. CONSTRUCTION SERVICES PHASE III — BIDDING AND NEGOTIATIONS The Bidding and Negotiations Phase, following the City's approval of the Construction Documents and of the most recent Statement of Probable Construction Cost, shall provide those services necessary to assist the City in obtaining bids or negotiated proposals and in awarding and preparing contracts for construction. Our proposal provides for the services outlined below on an hourly basis, as requested by the City. A. Addenda Services consist of preparation and distribution of Addenda as may be required during bidding or negotiation and shall include supplementary drawings, specifications, instructions, and notice(s) of changes in the bidding schedule and procedure. RJM Design Group, Inc. Page A-3 B. Bidding/Negotiations Respond to questions from bidders or proposers and provide clarifications or interpretations of the bidding documents. PHASE IV - CONSTRUCTION ADMINISTRATION The Construction Contract Administration Phase shall provide those services necessary for the administration of the construction contract. A. Office Construction Administration 1. Processing of submittals including receipt, review of, and appropriate action on shop drawings, product data, samples, and other submittals required by the Contract Documents. 2. Distribution of submittals to City, Contractor and/or field representative, as required. B. Construction Field Observation These site meetings will be performed as requested by the City on an hourly basis. Their intent is to become familiar with the progress and quality of the work and to determine, in general, if the work is proceeding in accordance with the Contract Documents, and preparing related reports and communications. Our proposal has assumed that the City will provide for daily review and administrative supervision of the work to be performed. C. Supplemental Documents Preparation, reproduction and distribution of supplemental drawings, specifications, and interpretations in response to requests for clarifications by Contractor(s) or the City and as required by construction activities. D. Quotation Requests/Change Orders 1. Preparation and distribution of drawings and specifications to describe work to be added, deleted, or modified. 2. Review of proposals from Contractor(s) for reasonableness of quantities and costs of labor and materials. 3. Review and recommendations relative to changes in time for substantial completion. 4. Coordination of communications, approvals, notifications, and record keeping relative to changes in the work. RJM Design Group, Inc. Page A-4 SUPPLEMENTAL SERVICES SITE SURVEYS Prepare aerial survey for both project areas. These surveys will provide for mapping of 1' contour intervals and locate all above grade site elements (walls, paving, fencing, mow curbs and vegetative canopies). Our proposal has assumed that the City will provide our surveyor with title reports for the project areas. This information will allow for the inclusion of the project property lines and easements within the project area. Likewise, we've assumed that as-builts and utility plans for the areas will be provided - indicating the location of any and all utility lines and/ or subsurface elements which can then be indicated on the project base plans. Lastly, our proposal has provided for a'/z day field survey for both project areas - to indicate 'join' elevations, tree trunks, up lights, etc. - which may not be perceivable via the aerial survey. RJM Design Group, Inc. Page A-5 EXHIBIT B SCHEDULE OF BILLING RATES Design Services Fee Phase I Design Development $16,200. Phase II Construction Documents $33,000. Sub -Total: $49,200. Phase III Bidding and Negotiations $ hourly Phase IV Construction Administration $ hourl Allowance Phases III & IV: $10,000.00 Supplemental Services: 1. Site Surveys $8,210.00 Reimbursable Expenses (Allowance) $2,500.00 Not -to -Exceed Total: $69,910.00 Reimbursable Expenses (Allowance) When incurred, the following project expenses will be billed at cost plus 15% administrative fee in addition to the above professional services fee: • Printing, plotting, copying, scanning, photography, graphic expenses • Delivery, shipping, and handling of documents • Permits, plan check, and inspection fees • City business license • Soils testing Hourly Rates: PRINCIPAL LANDSCAPE ARCHITECT $195 Per Hour ASSOCIATE LANDSCAPE ARCHITECT $170 Per Hour LANDSCAPE ARCHITECT $155 Per Hour JOB CAPTAIN / LANDSCAPE DESIGNER $140 Per Hour CADD TECHNICIAN / GRAPHICS $125 Per Hour CLERICAL $85 Per Hour RJM Design Group, Inc. Page 7 l AMENDMENT NO. TWO TO Q0 ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC. FOR LANDSCAPE ARCHITECTURE SERVICES THIS AMENDMENT NO. TWO TO ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 1st day of July, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RJM DESIGN GROUP, INC., a California corporation ("Consultant"), whose address is 31591 Camino Capistrano, San Juan Capistrano, California 92675, and is made with reference to the following: RECITALS A. On August 1, 2016, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant to provide comprehensive professional landscape architecture services on an on-call and/or as -needed basis ("Project"). B. On July 30, 2019, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to extend the term of the Agreement. C. The parties desire to enter into this Amendment No. Two to extend the term of the Agreement to December 31, 2021, and to update insurance requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2021, unless terminated earlier as set forth herein." 2. INSURANCE REQUIREMENTS Exhibit C (Insurance Requirements) to the Agreement is amended in its entirety and replaced with the Exhibit C that is attached hereto and incorporated herein by this reference. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: �,�22 Z Z) CITY OF NEWPORT BEACH, a California municipal corporation Date: JUN 2 3 2021 By: -/­,_' By: I --- Aaron C. Harp G e K. Leung City Attorney C ty Manager ATTEST: DateA: Leilani 1. Brown City Clerk CONSULTANT: RJM Design Group, Inc., a California corporation Date: Signed in Counterpart By: Larry P. Ryan Vice President Date: Signed in Counterpart By: Anita Weaver Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit C — Insurance Requirements RJM Design Group, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1%•Z Z 7-C7 Z' By: Aaron C. Harp �►AotiIt�IZI City Attorney ATTEST: Date: Leilani I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K. Leung City Manager CONSULTANT: RJM Design Group, Inc., a California corporation Date: Date:„ By: a�� J/I Anita Weaver Chief Financial Officer [END OF SIGNATURES] Exhibit C — Insurance Requirements RJM Design Group, Inc. Page 2 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. RJM Design Group, Inc. Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and RJM Design Group, Inc. Page C-2 endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. _Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. RJM Design Group, Inc. Page C-3 F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. RJM Design Group, Inc. Page C-4 City of Newport Beach Insurance Compliance PO Box 100085 - FV Duluth, GA 30096 October 6, 2021 RJM Design Group, Inc. 31591 Camino Capistrano San Juan Capistrano, CA 92675 Reference Number: 8167-1A This Account has moved from non-compliant to COMPLIANT status and currently in compliance for certificate of insurance requirements. As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts and those of your insurance agent in working with our insurance representatives. Please call us at (951) 766-2285 if you have any questions. Sincerely, City of Newport Beach Compliant Notice [CA1] 31591 Camino Capistrano San Juan Capistrano, CA 92675 www.RJMdesigngroup.com [9491493-2690 fax [9491493-2600 phone March 24, 2020 Mr. Michael J. Sinacori, P.E. Assistant City Engineer City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92660 Re: On -Call Landscape Architectural Services Newport Blvd & 28th Street planter areas Dear Michael: Communitylnspiied Spaces R M Li As you have requested, we are pleased to submit this "revised" proposal for landscape architectural services for the Newport Blvd & 28th Street planter areas per our On -Call agreement. SCOPE OF WORK The following is a summary of our scope of work as it relates to the development to be included under this agreement: 1 6 PRELIMINARY PLAN DESIGN A. Review proposed site plan and conduct site visit to determine existing irrigation infrastructure and confirm with City the method by which to interface with the available existing system. B. Prepare preliminary landscape plan at 1" = 20' scale for corner planter area as well as (3) proposed planters to receive transplanted palms along 28th street as well as approx. 128 'length of planter areas along the existing parking area. Base sheet shall be made from the City provided digital files of the proposed angled street parking modification plans, as well as Google aerial of the planting areas along Newport blvd.. hk 4, DESIGN GROUP C. Submit plan to City to confirm scope and discuss any requested refinements. q9, 44, 233 CONSTRUCTION DOCUMENTS A. Attend (1) coordination meeting with City. B. Prepare cover sheet, demolition, irrigation and planting plans/details. C. Prepare typed final specifications utilizing amendments to the Green Book D. Revise drawings as required by reviewing City departments. E. Final itemized cost estimate. F. Submit final plans to City for printing and distribution to bidders. 3. BIDDING AND NEGOTIATIONS A. Respond to City with all clarifications and addenda items. B. Provide addenda to City as required to clarify project documents. C. Assist with post -bid analysis of landscape architectural components, if required. 4. CONSTRUCTION AND POST CONSTRUCTION A. Provide 1 (one) field observation trip and 1(one) final job site observation. B. Provide clarifications when required. C. Review submittals. D. Prepare landscape architectural final punch list. E. Review contractor provided "as -built' drawings. 20-038 — Newport Blvd & 28" Street 2 COMPENSATION BASIC FEE Compensation for the above professional services will be a fixed fee of $14,375. This fee includes all costs to be incurred by the Landscape Architect with the exception of selected supplemental services and all reimbursable expenses. The fee will be as follows: * Preliminary Plan Design * Construction Document Phase Bidding and Negotiations Phase Construction and Post Construction Phase $ 1,880. $ 7,620. $ 660. 4,215 TOTAL 14 375. * Any additional exhibits, processing or plan approval for any outside agency (other than governing City) will be an additional service. REIMBURSABLE EXPENSES ALLOWANCE -Estimate ($1000) When incurred, the following project expenses will be billed at cost plus 15% administrative fee in addition to the above professional services fee: • Printing, plotting, copying, scanning, photography, graphic expenses • Delivery, shipping, and handling of documents • Permits, plan check, and inspection fees • City business license • Soils testing ADDITIONAL SERVICES Professional services not specifically identified in the scope of work will be considered additional services and may be performed at Client's request, reimbursable at Consultant's standard hourly rates. Additional services may include, but are not limited to: • Additional meetings, presentations, or site visits beyond those identified in the scope of work. • Exhibit preparation beyond that identified in the scope of work. • Revisions to documents required as a result of changes in Client's direction; changes subsequent to Client's approval; or changes in governmental codes or regulations. • Design of improvements beyond the designated project site, or due to changes in project phasing schedule. SUPPLEMENTAL SERVICES The following services will be performed at your request, and shall be considered additional services to the above, reimbursable on an hourly basis: A. Preparation of AB325 Controller Charts (if required). 20-038 — Newport Blvd & 28" Street B. Revisions to the preliminary landscape plan as a result of agency review or significant site plan refinements shall be per the attached standard hourly rates. C. Revisions to the work following authorization by client to proceed with working drawings, changes in scope or modification of the project, design of and/or participation in work beyond the designated site. D. Formal bidding procedures and/or contract negotiations with contractors. E. Providing additional on-site observation during construction $500.00 per trip our base scope allows for two site visits. Thank you for the opportunity to submit this proposal. We look forward to working with you on this project. Sincerely, RJM DESIGN GROUP, INC. I Larry P. Ryan, ASLA Principal Landscape Architect Authorized by City of Newport Beach Michael J. Sinacori Assistant City Engineer Date: March 24, 2020 20-038 — Newport Blvd & 28" Street 4 CITY OF NEWPORT BEACH Newport Blvd. & 28th St. Planter AreasDE SIGN UP LEAD CONSULTANT SUB Task Description Principal RJM Design Group, Inc. Landscape Architect CADD Technician Aff Admin. Glasir PHASE FEE TOTALS irrigation design Hourly Rate $195 $155 $125 $85 Hours I Amount Hours Amount Hours Amount Hours Amount Fees PHASE 1 - PRELIMINARY PLAN DESIGN Task A - Review proposed site plan, conduct site visit 2 $390 1 $155 $0 1 $0 $300 Task B - Prepare preliminary landscape plan 1 $195 3 $465 3 $375 $0 Task C - Submit plan to City, discuss refinements $0 $0 $0 $0 PHASE 1 - SUBTOTALS 3 $585 4 $620 3 $375 0 $0 $300 PHASE 1 -TOTAL FEES PHASE 2 -CONSTRUCTION DOCUMENTS $1,580 $300 $1,880 Task A - Attend coordination meeting with City 2 $390 2 $310 $0 $0 Task B - Prepare demo, irrigation, planting plans/details 1 $195 8 $1,240 12 $1,500 $0 $1,200 Task C - Prepare final typed specifications 1 $195 2 $310 2 $250 3 $255 Task D - Revise drawings as required by City $0 4 $620 4 $500 $0 Task E - Final itemized cost estimate 1 $195 3 $465 2 $250 2 $170 Task F - Submit final plans to City $0 $0 $0 $0 PHASE 2 - SUBTOTALS 5 $975 19 $2,945 20 $2,500 5 $425 $1,200 PHASE 2 - TOTAL FEES PHASE 3 - BIDDING & NEGOTIATIONS $6,420 $1,200 $7,620 Task A - Respond to City with clarifications & addenda $0 1 $155 $0 $0 Task B - Provide addenda to Cit $0 1 $155 $0 $0 Task C - Assist with post -bid analysis 1 $195 1 $155 $0 $0 PHASE 3 -SUBTOTALS 1 $195 3 $465 0 $0 0 $0 $0 PHASE 3 - TOTAL FEES PHASE 4 - CONSTRUCTION & POST CONSTRUCTION $660 $0 5660 Task A - Provide 1 field observation, 1 final observation $0 4 $620 $0 $0 $400 Task B - Provide clarifications as required 1 $195 4 $620 2 $250 $0 $200 Task C - Review submittals $0 4 $620 2 $250 $0 Task D - Prepare landscape architectural final punch list $0 2 $310 $0 $0 $400 Task E - Review contractor -provided as-builts 1 $195 1 $155 $0 $0 PHASE 4 - SUBTOTALS 2 $390 15 $2,325 4 $500 0 $0 $1,000 PHASE 4 - TOTAL FEES COMBINED PHASE FEE TOTAL 1$3,215 $11,875 $1,000 $4,215 $2,500 $14,375 FEE GRAND TOTAL $14,375 The above hourly fee breakdown consists of ESTIMATES ONLY. Billings will be based on actual percentage completion of each phase per contracted fixed fee. r g AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES CID AGREEMENT WITH RJM DESIGN GROUP, INC. FOR LANDSCAPE ARCHITECTURE SERVICES U THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 30th day of July, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RJM DESIGN GROUP, INC., a California corporation ("Consultant'), whose address is 31591 Camino Capistrano, San Juan Capistrano, CA 92675, and is made with reference to the following: NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: RECITALS A. On August 1, 2016, City and Consultant entered into a Professional Services Agreement ("Agreement') to provide comprehensive professional landscape architecture services on an on-call basis ("Project'). B. The parties desire to enter into this Amendment No. One to extend the term of the Agreement to June 30, 2021. 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2021, unless terminated earlier as set forth herein." 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: g V 20 CITY OF NEWPORT BEACH, a California municipal corporation Date: 8-13-19 By: Qbt &x4 1' By: Foc Aaron C. Harp NMI Graqj��KLeung City Attorney-'-q-1°I Cib/% anager ATTEST: Date: By: Leil _1 I. Br n Cit lerk CONSULTANT: RJM Design Group, Inc., a California corporation Signed in Counterpart By: Larry P. Ryan Vice President Date: Signed in Counterpart By: Anita Weaver Chief Financial Officer [END OF SIGNATURES] RJM Design Group, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 011Z201 CITY OF NEWPORT BEACH, a California municipal corporation Date: By: l li� ��ct t, G� �.r By: f,0I : Aaron C. Harp µEll Grace K. Leung City Attorney 3-2-1-1`( City Manager ATTEST: Date: Leilani I. Brown City Clerk CONSULTANT: RJM Design Group, Inc., a California corporation Date: Date: By: 011;zb�WW Anita Weaver Chief Financial Officer [END OF SIGNATURES] RJM Design Group, Inc. Page 2 ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC. FOR LANDSCAPE ARCHITECTURE SERVICES THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 1st day of August, 2016 ("Effective Date'), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RJM DESIGN GROUP, INC., a California corporation ("Consultant'), whose address is 31591 Camino Capistrano, San Juan Capistrano, California 92675, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide comprehensive professional landscape architecture services on an on-call and/or as -needed basis ('Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on July 30, 2019, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal'). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Twenty Thousand Dollars and 001100 ($120,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person RJM Design Group, Inc. Page 2 who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Craig Sensenbach to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. RJM Design Group, Inc. Page 3 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, RJM Design Group, Inc. Page 4 anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and 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 the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. RJM Design Group, Inc. Page 5 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. i[-�_11]=111187► it 7_[�3 I►C� The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further RJM Design Group, Inc. Page 6 compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over RJM Design Group, Inc. Page 7 competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to Consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be RJM Design Group, Inc. Page 8 borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: David A. Webb, Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Anita Weaver RJM Design Group, Inc. 31591 Camino Capistrano San Juan Capistrano, CA 92675 RJM Design Group, Inc. Page 9 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. RJM Design Group, Inc. Page 10 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] RJM Design Group, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:(/ By: Aaron C. Harp kM 0I14uu City Attorney ATTEST: Date: D 1p By:�� ` Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: �11s114 By: 1= = ca" Dave Kiff City Manager CONSULTANT: RJM Design Group, Inc., a California corporation Date: Signed in Counterpart Bv: Larry P. Ryan Vice President Date: Signed in Counterpart By: Anita Weaver Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements RJM Design Group, Inc. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RN Y'S OFFICE Date: CITY OF NEWPORT BEACH, a California municipal corporation By: 2�6u � ` By: Aaron C. Harp CAM SrIUIIV Dave Kiff City Attorney City Manager ATTEST: Date: Leilani I. Brown City Clerk CONSULTANT: RJM Design Group, Inc., a California forp� tion Date: 9 -07 By Anita Weaver Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements RJM Design Group, Inc. Page 12 EXHIBIT A SCOPE OF SERVICES ON-CALL LANDSCAPE ARCHITECTURE SERVICES The following is a list of landscape architecture services that may be required: Landscape architecture services shall include conceptual and final design of landscaping for City capital improvement and maintenance projects, including streetscape, median, parks, open space and other public facilities. Consultant shall have the ability to provide in-house services, or capacity to subconsult, for the following areas: • Prepare conceptual design and architectural renderings; • Provide public outreach services (i.e., town hall meetings, homeowner's association ("HOA") meetings, City Council meetings, etc.); • Prepare full landscape/hardscape/irrigation construction plans, specifications, and estimates. Specifications may incorporate full City -standards "front end" specifications, in addition to technical specifications; • Prepare irrigation studies/plans; • Incorporate water/energy savings design measures and value engineering services; • Provide bid support; • Provide construction support and administration services; • Prepare record drawings; and • Other landscape architecture -related tasks, as necessary. RJM Design Group, Inc. Page A-1 EXHIBIT B SCHEDULE OF BILLING RATES Principal Landscape Architect $165 - $185 per hour Associate Landscape Architect $145 - $155 per hour Landscape Architect $130 - $140 per hour Job Captain / Landscape Designer $115 - $125 per hour CADD Technician $100 - $110 per hour Graphics $ 90 per hour Word Processor $ 75 per hour CIVTECH (Civil Enaineerin Principal $175 per hour Project Manager $140 per hour Project Engineer $110 per hour Project Surveyor $120 per hour Design Engineer $100 per hour Draftperson $ 75 per hour Project Assistant $ 60 per hour 2 -Man Survey Crew $230 per hour 3 -Man Survey Crew $280 per hour FBA ENGINEERING (electrical enaineerin Principal • Project Director $175 per hour Associate • Project Manager $135 per hour Construction Support $115 per hour Electrical Designer $ 95 per hour CAD Designer $ 80 per hour CAD Operator $ 70 per hour Technical Typist $ 50 per hour GLASIR DESIGN (irrigation) Irrigation Design $90 per hour Site Observation $120 per hour GMU (aeotechnical enaineerin Project Engineer or Geologist $200 per hour Associate Engineer or Geologist $180 per hour Senior Engineer or Geologist $160 per hour Project Engineer or Geologist $145 per hour Staff Engineer or Geologist $130 per hour RJM Design Group, Inc. Page B-1 JAMES MICKARTZ, ARCHITECT Principal Architect $135 per hour Associate Architect $110 per hour Charges for subconsultant services are billed at cost plus a 15% coordination fee. Billings for all time and materials and contract extension work shall be in accordance with the level of work performed based on the categories listed above. REIMBURSABLE EXPENSES (Estimated Allowance) When incurred, the following project expenses shall be billed at cost plus 15% administrative fee in addition to the above hourly rates: • Printing, plotting, copying, scanning, photography, graphic expenses; • Delivery and handling of documents, shipping; • Permits, plan check, and inspection fees; • City business license; and • Soils testing. RJM Design Group, Inc. Page B-2 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this RJM Design Group, Inc. Page C-1 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non ContributoN. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: RJM Design Group, Inc. Page C-2 A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. RJM Design Group, Inc. Page C-3 G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. RJM Design Group, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 8/16/16 Date Completed: 8/16/16 Dept./Contact Received From: Raymund Sent to: Raymund By: Company/Person required to have certificate: RJM Design Group, Inc Type of contract: All Others GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 9130/15-9/30/16 Alicia A. INSURANCE COMPANY: Travelers Property Casualty Co of America B. AM BEST RATING (A-: VII or greater): A++:XV EFFECTIVE/EXPIRATION DATE: 9130115-9/30/16 C. ADMITTED Company (Must be California Admitted): E Yes Is Company admitted in California? E Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 2,000,000/4,000,000 E. ADDITIONAL INSURED ENDORSEMENT—please attach E Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include "solely by negligence' wording? include): Is it included? (completed Operations status does E No not apply to Waste Haulers or Recreation) E Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND L. NOTICE OF CANCELLATION: COMPLETED OPERATIONS ENDORSEMENT (completed ❑ No Operations status does not apply to Waste Haulers) E Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? E Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be EFFECTIVE/EXPIRATION DATE: 9130115-9/30/16 included): Is it included? E Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured B. AM BEST RATING (A-: VII or greater) A++:XV is not limited solely by their negligence) Does endorsement C. ADMITTED COMPANY (Must be California Admitted): include "solely by negligence' wording? ❑ Yes E No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No H. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 9130115-9/30/16 A. INSURANCE COMPANY: Travelers Property Casualty Co of America B. AM BEST RATING (A-: VII or greater) A++:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): E NIA ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A E Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A 121 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 9/30/15-9/30116 A. INSURANCE COMPANY: Travelers Property Casualty Co of America B. AM BEST RATING (A-: VII or greater): A++:XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED W, PROFESSIONAL LIABILITY EFF 10/1115-10/1116 LIMIT 1M/2M V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 8/16/16 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ❑ N/A ® Yes ❑ No ® NIA ❑ Yes ❑ No ® N/A ❑ Yes ❑ No /1 ■ RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _• Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract.