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HomeMy WebLinkAbout13 - Approval of On -Call PSA's for Landscape Architectural ServicesQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report June 14, 2022 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Patrick Arciniega, Senior Civil Engineer, parciniega@newportbeachca.gov PHONE: 949-644-3347 TITLE: Approval of On -Call Professional Services Agreements for Landscape Architectural Services ABSTRACT: The City of Newport Beach's (City's) Capital Improvement Program (CIP) contains a number of landscaping projects that require design and permitting by a State -licensed landscape architect. Accordingly, staff issued a Request for Proposals (RFP) for these professional services and is requesting the City Council's approval to enter into four, On - Call Professional Services Agreements with the following companies: Mark Thomas & Company, Inc., BGB Design Group, Inc., RJM Design Group, Inc., and RDC-S111, Inc. dba Studio One Eleven. Each contract would be for a term of three years and a total not - to -exceed contracting authority amount of $150,000. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve On -Call Professional Services Agreements with Mark Thomas & Company, Inc., BGB Design Group, Inc., RJM Design Group, Inc., and RDC-S111, Inc. dba Studio One Eleven for landscape architectural design services, with each agreement being for a term of three years and a total not -to -exceed amount of $150,000, and authorize the Mayor and City Clerk to execute the agreements. DISCUSSION: The City's CIP involves a wide range of infrastructure projects. Some of these projects involve improvements to City of Newport Beach parks, and street medians and parkways, and these services require personnel with specialized training, certifications and licenses. 13-1 Approval of On -Call Professional Services Agreements for Landscape Architectural Services June 14, 2022 Page 2 The City's proposed CIP budget anticipates more than $10 million in landscape related parks and streetscape work over the next three years. This will likely require close to a $1 million in Landscape Architect related design services to design, bid and oversee the proposed improvement work. The City traditionally contracts out landscape architecture services. Over the past five years, firms with existing on -call agreements have provided design services for Balboa Village, West Coast Highway, the planter areas at Newport Boulevard/28'" Street, and more. For other, larger landscaping projects, such as the Grant Howald Park Project, an RFP is typically issued to select a specific landscape architect for the project. In some cases, such as with the design of the Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion Project, landscape design is included as a component of the overall engineering and design package prepared by the consultant. In January 2022, staff requested proposals to provide on -call landscape architecture design services in order to replace the existing consultant groups' expiring agreements. Staff received 14 proposals. The following 14 firms' aggregate scores were above the level required for further consideration: Firm Name Total Score Rank RJM Design Group, Inc. 284 1 Studio One Eleven 279 2 BGB Design Group, Inc. 274 3 Mark Thomas & Co., Inc. 268 4 RRM Design Group 267 5 Conceptual Design and Planning Co. 251 6 David Volz Design, Inc. 249 7 SWA 245 8 Michael Baker International, Inc. 241 9 GLLB Studios 225 10 Hirsch & Associates, Inc. 219 11 RHA Landscape Architects 216 12 Nuvis Landscape Architecture 210 13 In -Site Landscape Architecture 202 14 The City's proposal review team consisted of three staff members from the Public Works Department. Using a qualification -based selection process, the proposals were evaluated by the review team independently. Proposal evaluations were based on the consultant's understanding of the scope of work, experience, qualifications, and availability of staff. While many firms met the minimum qualifications outlined in the request for proposal, the top four consultants were selected by the review team as the most qualified and responsive firms. All four of these firms have successfully completed similar services for other local agencies and their billing rates are consistent with industry standards and their peers. 13-2 Approval of On -Call Professional Services Agreements for Landscape Architectural Services June 14, 2022 Page 3 Staff is requesting approval of four separate on -call Professional Services Agreements with Mark Thomas, BGB Design Group, RJM Design Group, and Studio One Eleven for Landscape Architectural design services at a not -to -exceed amount of $150,000 per agreement. The term for each of these agreements is three years and they are set to expire on June 30, 2025. Projects will be assigned on a rotating basis to on -call architecture firms based on the firm's expertise or competitively bid amongst the firms, depending on the City's requirements and the project type. FISCAL IMPACT: Funding for the work done under these on -call contracts will be expensed to approved individual projects within the Capital Improvement Program over the next three years. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Draft Professional Services Agreement with Mark Thomas Attachment B — Draft Professional Services Agreement with BGB Design Group Attachment C — Draft Professional Services Agreement with RJM Design Group Attachment D — Draft Professional Services Agreement with Studio One Eleven 13-3 ATTACHMENT A ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH MARK THOMAS & COMPANY, INC. FOR LANDSCAPE ARCHITECTURE SERVICES THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 14th day of June, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MARK THOMAS & COMPANY, INC., a California corporation ("Consultant"), whose address on file with the Secretary of State is 2833 Junction Ave, Suite 110, San Jose, CA 95134 with a local address of 2121 Alton Parkway, Suite 210, Irvine, CA 92606, 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 professional landscape architecture and related services. ("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 June 13, 2025, 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; 13-4 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 Fifty Thousand Dollars and 00/100 ($150,000.00), 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. Mark Thomas & Company, Inc. Page 2 13-5 4.2 Upon the first annual anniversary of the Effective Date and upon each annual anniversary of the Effective Date thereafter, the billing rates may be adjusted by an increase not to exceed the percentage change from April of the anniversary year to April of the prior year in the Consumer Price Index ("CPI") of the Los Angeles -Long Beach - Anaheim, CA, Area, All Urban Consumers, All Items, or successor index, as published by the United States Department of Labor, Bureau of Labor Statistics. Contractor shall notify City in writing of any requests for adjustment pursuant to this Section at least thirty (30) days prior to the effective date of such adjustment, and provide an updated schedule of billing rates reflecting the adjustment. Adjusted billing rates shall be approved in writing by City prior to being effective. Notwithstanding the foregoing, no billing rate adjustment pursuant to this Section shall exceed an increase greater than 2.0% over the billing rates then in effect immediately preceding such adjustment. 4.3 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person 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. 4.4 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. 4.5 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 Erik Smith, PLA 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. Mark Thomas & Company, Inc. Page 3 13-6 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. 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 and employees (collectively, the "Indemnified Parties"), from and against any Mark Thomas & Company, Inc. Page 4 13-7 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, 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, or to require a Consultant who is a design professional, as defined by Civil Code Section 2782.8(c), to provide indemnification or defense of the Indemnified parties inconsistent with existing law. 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. Mark Thomas & Company, Inc. Page 5 13-8 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. 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. 16. SUBCONTRACTING 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. Mark Thomas & Company, Inc. Page 6 13-9 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, fts 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. 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 Computer Aided Design and Drafting ("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, or (b) 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, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. 17.4 All improvement and/or construction plans shall be plotted on standard twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30) days after finalization of the Project. 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 Mark Thomas & Company, Inc. Page 7 13-10 of City. Since Consultant has no control over the cost of labor and material, or over 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 borne by Mark Thomas & Company, Inc. Page 8 13-11 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") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. 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: 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: Erik Smith, PLA Mark Thomas & Company, Inc. 2121 Alton Parkway, Suite 210 Irvine, CA 92606 Mark Thomas & Company, Inc. Page 9 13-12 27. CLAIMS 27.1 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.). 27.2 To the extent that Consultant's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Consultant shall be required to file such claim with the 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. Mark Thomas & Company, Inc. Page 10 13-13 29. PREVAILING WAGES 29.1 If any of the Work contemplated under the Agreement is considered a "public work", pursuant to the applicable provisions of the Labor Code of the State of California, including but not limited to Section 1720 et seq., not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman shall be paid to all workmen employed on such. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Consultant is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 29.2 In such event, unless otherwise exempt by law, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 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. 30.3 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. 30.4 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. Mark Thomas & Company, Inc. Page 11 13-14 30.5 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. 30.6 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. 30.7 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. 30.8 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. 30.9 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. 30.10 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. 30.11 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. 30.12 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] Mark Thomas & Company, Inc. Page 12 13-15 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: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: "f) By: on C. Harp Kevin Muldoon City Attorney Mayor ATTEST: CONSULTANT: Mark Thomas & Date: Company, Inc., a California corporation Date: By: By: Leilani I. Brown Darin Johnson City Clerk Associate Principal, Division Manager [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Mark Thomas & Company, Inc. Page 13 13-16 EXHIBIT A SCOPE OF SERVICES Mark Thomas & Company, Inc. Page A-1 13-17 EXHIBIT A SCOPE OF SERVICES ON -CALL LANDSCAPE ARCHITECTURE SERVICES 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, HOA meetings, City Council meetings, etc.) ■ Prepare final design level landscape, hardscape and irrigation construction plans, specifications, and estimates. Specifications shall conform to the Standard Specifications for Public Works Construction (Greenbook). ■ Prepare irrigation calculations and studies ■ Incorporate water and energy savings design measures and value engineering services ■ Provide bid support ■ Provide construction support and administration services • Prepare record drawings ■ Other landscape architecture -related tasks, as necessary . Upon written request from the City Project Administrator, Consultant shall provide a letter proposal, in accordance with the terms of the Agreement, for specific services requested by the City. The Letter Proposal shall include, but is not limited to, the following: ■ A detailed description of the Scope of Services to be provided; ■ The position of each person to be assigned to perform the Scope of Services and the name of the individuals to be assigned; and ■ The estimated number of hours and cost to complete the Scope of Services No services shall be provided until the City's 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. 13-18 16 L'A MARK THOMAS January 26, 2022 Patrick Arciniega, Senior Civil Engineer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Dear Mr. Arciniega: The City of Newport Beach (City) is seeking to obtain consultants to provide on -call landscape architecture services. Mark Thomas is the ideal firm to assist the City through our landscape architecture design expertise in the areas of roadway, public space, parks, recreation, and other municipal projects. Our team brings the experience you are seeking, and we are excited to submit our qualifications. About Mark Thomas Our Landscape Architecture and Urban Design division provides each client with an integrated and comprehensive planning and design suite of services. We are committed to consistently delivering site -responsive design focused on the specific needs of the community, best planning and maintenance practices, and deiivering projects for our clients that are both environmentally and fiscally sustainable. Our planners and designers have the flexibility to deliver a range of projects, such as landscape master plans; park, recreational facilities, and trail designs; detailed cornplete street planning and streetscape designs, bicycle/pedestrian trails, median and gateway entry enhancements; and irrigation designs and water conservation modifications. Landscape Architecture and Irrigation Design Team Our team will be managed by Erik Smith, PLA. Erik has more than 26 years of landscape architecture experience and serves as the leader of our landscape architecture and planning division. His experience has involved a full spectrum of professional services from feasibility studies, master planning, streetscape design and community outreach to construction management. His knowledge of various safety, traffic calming and streetscape issues has been essential to public ardency clients in achieving workable solutions. He has experience working with the City, having led the landscape design for the Bayside Drive Improvements project. Client Satisfaction Customer service is at the core of who Mark Thomas is. Our team is dedicated to providing responsive, exceptional client service; the experience and fiscal responsibility required to provide the City with the best value and return on investment; and professionals who are ready and available to respond promptly to your requests. We look forward to the opportunity to work with you on this contract and continue to build upon our working relationship with the Oty. If you have any questions about our SOQ, please contact Erik directly at (916) 403-5716 or via e-mail at esmith@ markthomas.com. Erik can also be reached at our Trims office address and main phone number located in the Tooter of this letter. MARK THOMAS & COMPANY, INC. 1 n Darin Johnson, PE Principal + Vice President 13-20 >> LOCAL STAFFING LIST TEAM ORGANIZATION Our team will be led by Erik Smith, PLA as Contract t Manager. Erik has worked directly with the City, designing the Bayside Drive Improvements. He also leads our Landscape Architecture + Urban Design division, and can allocate resources as needed to deliver concurrent task orders for the City Erik will be supported by an in-house team of landscape architects and designers that bring experience delivering projects that range from master plans to construction documents. Our team structure is shown to the right. Erik Smith, PLA LANDSCAPE ARCHITECTS Marty Armstrong, PLA Christine Anderson, PLA Chris Camarillo, PLA LOCAL STAFFING Darin Johnson, PE Key Staff LANDSCAPE DESIGNERS Miranda Wood Janice Heller Tony Rogers Brendan Ore Cathy ;Nguyen Jessica Yu Mark Thomas operates our Landscape Architecture * Urban Design team as a statewide service. That means that the team works on projects together, regardless of location. This allows us to assign the most qualified team members to deliver projects for our clients. Our team is shown below. ITITLE ! LOCATIC Erik Smith Project Manager + Landscape Architect Sacramento Marty Armstrong Project Manager + Landscape Architect Irvine Christine Anderson Project Manage + Landscape Architect Sacramento Chris Camarillo Project Lanasr_ape Architect Sacramento Janice Heller Landscape Designer II Irvine Miranda Wood Lanoscape Designer 11 Oakland Tony Rogers Lanoscape Designer I Sacramento Brendan Ore Landscape Designer I Sacramento Cathy Nguyen Landscape Designer II Sacramento Jessica Yu Landscape Designer I Oakland r, AFF iC.l 'iEl?uPF S' MARK T1-10Mr', 13-21 �,o ADVANCE NOTICE REQUIREMENTS The task orders that are anticipated under the City's on -call contract can vary considerably in type size, complexity and schedule. For this reason, it is critical to assign the a Project Manager and team with the required experience, and meet with City staff within the first 48 hours after the work order is issued to gain a complete and mutual understanding of the proposed work. Erik, PLA will serve as Contract Manager and will work directly with the City to deten-n ne the best team for each request. Following this initial screening, Erik will put together a thorough scope of work, clearly identifying work products, budget and a detailed schedule for deliverables As Contract Manager, Erik will be involved throughout the task order process to ensure that the schedule and budgets are maintained. He will focus our management approach around the following primary objectives: Being proactive, responsive, and collaborative to your needs Tirru-,gig our previous work, the City has experienced the proactive and hands-on approach that Mark Thomas is known for, and are well aware of our reputation of being responsive and able to work successfully with the City and local agency staff. The keys to our project successes have been our availability to the City, our understanding of agency policies and procedures, and working with team members and staff in a collaborative and cooperative manner to meet the various project needs. Monitoring design activities and delivery schedules Once a work plan is developed for the task order, we will establish a focused and clear schedule of the work activities to be performed This schedule will not only include our work effort, but also the effort of others who will impact the critical path to delivery of identified milestones Included in this schedule will be an internal program of QA/OC events that will ensure that governing policies and srandarrSs are maintained Providing the most beneficial and cost-effective solutions `,pie aisu sty, our assignment to be one of providing innovative and cost-effective project design solutions. We wilt bring on the most quaff+lied and experienced individuals we have as we consider all aspects of solving the unique design Issues associated with each task order. These individuals will leverage their experiences to implement solutions that reduce project costs while meeting project needs. Working with the City to prioritize task orders As task orders and t)Lfdgr?ts are being developed, Erik will work directly with City staff to analyze the status of the task order, remainmg budget, schedule, and remaining tasks. Oftentimes, task orders may be finishing up with additional budget remaining, this provides an opportunity to shift resources and budget to other open task orders. KEY STAFF RESUMES .. .I, )SC APF 4r'Cf•Ir;(.7UF+t _!Yv;r { h5 A i H. 7 C r. 13-22 ERIK SMITH, PLA EDUcATiul; RFGISTR`.TION Erik nas 26 years of experience and is the leader of Mark Thomas landscape architecture and planning division. His experience has involved a full spectrum of professional services from feasibility studies, master planning, streetscape design and community outreach to construction management. His knowledge of various safety, traffic calming and streetscape issues has been essential to public agency clients in achieving workable solutions. Recent projects Include conceptual design and construction documents for streetscape, trail and traffic calming projects. Erik also leads our team in the development of grant applications This Includes ATP HSIP and other regional grant applications, For ATP Cycle 2, he was involved in the preparation of eight applications. PFPRESENTATIVE PPC)JFCTS BAYSIDE DRIVE IMPROVEMENTS, NEWPORT BEACH Lead landscape architect for the engineering, r_jeuriTetnc and transportation design services to complete this roadway project that will greatly improve pedestrian safety, bicycle connectivity, and overall vehicular and mullimodal operations, Key services include bike/pedestrian improvements, pavement rehabilitation, complete streets/ urban design, Caltrans approval, and permitting. CHAKEMCO STREET IMPROVEMENTS, SOUTH GATE Landscape architect responsible for landsr ape I 511 JT i services for the roadway project thal will provide a safe pedestrian route to school, rehabilitate the existing roadway pavement, and mitigate poor street drainage on Chakemco Street in the City of South Gate. Chakemco Street has a number of businesses that use the street as a main access to their business and also for additional parking. It also has an alley -type cross section, lacks an ADA%.oedestrian route iequiring pavement rehabilitation. MENDEZ HISTORIC TRAIL, WESTMINSTER _arrssc 1pe arcirliecl lespolI'liule for i,indSuipe design for this historic trail and Green Street bikeway project that will reduce vehicle travel lanes and create a two-mile long Class IV bikeway along the western limits of the corridor. A raised median will be incorporated to provide separation between vehicles and bicycles, and serve as a stormwater treatment for roadway runoff. Additional project Improvements include pedestrian level lighting, correction of deficient driveways, pavement rehab, asphalt overlay, and curb ramps l LA1`4DSCAPF :,GCH TFI-TI_IPt SI I"Vi(_ CAPITOL MALL REVITALIZATION, SACRAMENTO Project wanager for the complete iedesign or Capitol Mall from the historic Tower Bridge to the Capitol Building in Sacramento. When complete the design will redefine the entire corridor making it a more pedestrian friendly, user focused space with the inclusion of public art, programmed lighting, plazas, and event spaces. Project included conceptual design, placemaking identification, stakeholder outreach, and grant application preparation. GUADALUPE RIVER TRAIL MASTER PLAN, SAN JOSE Project manager for the Guadalupe River Trail Master Plan. Currently underway, this project will establish a Class 1 multi -use trail within a five -mile long stretch of Guadalupe River corridor with a master plan identifying site opportunities and constraints, trail alignment alternatives, regulatory and environmental requirements and a phasing/ funding strategy Among the many typical trail planning challenges faced on this project (multiple stakeholders and property owners, variety of adjacent land uses, future developments. environmental constraints) SR 145 (YOSEMITE AVENUE) MASTER PLAN, MADERA Lead landscape architect for a visionary master plan to reduce traffic congestion. enhance pedestrian access and safety Increase multimodal transpoi tahon options, and create public spaces to encourage visitors in downtown Madera Project features include a road diet, Implementing curb bulb -outs and sidewalk widenings, enhanced streetscape/landscape elements, Improved pedestrian crosswalks, wayfinding signage, and new bike lanes, as well as public art and city identity bounding features r.tARK TF 0m;,, 13-23 MARTY ARMSTRONG, PLA Eir: REOSTRATJON Marty has 28 years of experience in landscape architecture, urban design, landscape design and master planning. His experience has involved a full spectrum of professional services from feasibility studies, master planning, streetscape design and community outreach. Marty has worked on projects throughout California such as public and private development, senior housing, sports design -build, regional parks and trails design development, community workshops, project entitlement process, construction drawings and construction observation. NEPRESENFAT IVE PROJECTS CHAKEMCO STREET IMPROVEMENTS, SOUTH GATE Landscape architect for the roadway project that will provide a safe pedestrian route to school, rehabilitate the existing roadway pavement, and mitigate poor street drainage on Chakemco Street in the City of South Gate. Chakemco Street has a number of businesses that use the street as a main access to their business and also for additional parking. It also has an alley -type cross section, lacks an ADA pedestrian route requiring pavement rehabilitation LONG BEACH BOULEVARD GREEN STREET IMPROVEMENTS, SOUTH GATE Landscape architect providing landscape and urban design services for the Long Beach Boulevard project. The project consists of a five -lane. 70-foot wide heavily traveled auto -oriented primary arterial traversing north - south through the City. This crucial corridor currently lacks bicycle facilities and many of the intersections lack modern crosswalks and ADA-compliant curb ramps. Improvements will include ADA-comp#iant curb ramps, Class III bicycle facilities, enhanced crosswalks, shade trees, plantings in the medians and sidewalks, and vegetated biofiltration areas for aesthetics and drainage FIRESTONE BOULEVARD WIDENING, NORWALK Landscape architect respon,,lble fol landscape design for this roadway unprovement project that will widen Firestone Boulevard to six lanes from Hoxie Avenue to Imperial Highway to accommodate the existing and projected traffic volumes Phase 1 consists of two lanes in each direction with 10-foot sidewalks, on street parking, and a variable width median within a right-of-way of 110 feet This phase will he widened to six lanes as well as maintain on -street parking. sidewalks, and adding bicycle facilities. .�YrGPCli4fiUr,�rSi_F+-`rl' LIMONITE GAP CLOSURE, EASTVALE Landscape architect iesponsibie for providing landscape design for a gap closure in the existing Limonite Avenue corridor: The project will include a 2,450-foot 4-lane roadway, Class IV protected bikeways, wide sidewalks, new bridge over the Cucamonga Creek channel, and bridge aesthetics and landscape architecture. The bridge over the channel will be 377-foot bridge three span concrete bridge and a challenging 60-degree skew Additionally, the City wants to construct a new bicycle/pedestrian bridge for the Class I trail located within the SCE right of way. HERITAGE OAKS PARK FRONTAGE IMPROVEMENTS, WEST SACRAMENTO Project manager for landscape design architectural services on the frontage area to Heritage Oaks Park, a 9-acre public park The project consists of designing the landscaping and irrigation on the park frontage along Lake Washington Boulevard and Village Parkway. MLK CENTER ACTIVE TRANSPORTATION INFRASTRUCTURE IMPROVEMENTS, FRESNO Landscape architect respow able V providing landscape design for roadway improvements in the City of Fresno. Tasks include Class I traits (including DG shoulders and center striping), sidewalks and ADA improvements, planting and irrigation facilities, and storm water collection system and drainage installation 13-24 CHRISTINE ANDERSON, PLA EDUCAM N kEG15 rEtF! �'Jr: Christine has 33 years of experience in landscape aichilecture, urban design, landscape design and master planning While her specific forte is that of urban design and redevelopment, she has consulted on a diverse range of projects, including redevelopment streetscapes, schools, urban developments, commercial centers, municipal and private office developments, open spaces, parks and playgrounds interpretive trails, sports facilities, and master planned communities. Christine has extensive experience in all phases of design and construction documentation, including project management and community facilitation. EPRESEI`�TATIVE r BAYSIDE DRIVE IMPROVEMENTS, NEWPORT BEACH Landscape architect for the engineering, geometric and transportation design services to complete this roadway project that will greatly Improve pedestrian safety, bicycle connectivity, and overall vehicular and rnultimodal operations. Key services include bike/pedestrian improvements, pavement rehabilitation, complete streets/ urban design, Caltrans approval, and permitting. WILLIAM R. MASON REGIONAL PARK (WIMA) ENTRY DRIVEWAY AND ROADWAY IMPROVEMENTS, ORANGE COUNTY Lead landscape architect responsible for addressing severe visual and functional deficiencies at the main entrance to the park, poor and unsafe pedestrian experience, and deteriorated vehicular facilities. Solutions included widening driveways to allow for emergency and maintenance vehicles access and improved traffic capacity, pavement rehabilitation to correct uneven pavement and ponding, beautification through renewed landscaping and aesthetic treatment design at the park entrance, drainage and water quality treatment improvements through water capture at planted median areas. CAPITOL MALL REVITALIZATION, SACRAMENTO Project manager for the complete redesign of Capitol Mall from the historic Tower Bridge to the Capitol Building in Sacramento. When complete the design will redefine the entire corridor making it a more pedestrian friendly, user focused space with the inclusion of public art, programmed lighting, plazas, and event spaces. Project included conceptual design, placemaking identification, stakeholder outreach, and grant application preparation. WEST BROADWAY URBAN VILLAGE, PHASE 1A, SEASIDE Landscape architect for this Infrastructure Improvement project m the heart of Downtown Seaside Responsibilities Include design of corridor enhancements such as street trees, pedestrian lighting, and a greed bike lane. Low Impact Design elements are Incorporated into the project. CHASE DRIVE CORRIDOR IMPROVEMENTS, RANCHO CORDOVA Project landscape architect responsible for providing master plan design, project stakeholder coordination, project phasing cost estimation and recommendations, complete street alternatives development, and creation of an opportunities and constraints plan for the Chase Drive Corridor The project consists of upgrading and updating the primary entry to one of the oldest and most beloved regional parks in the County, creating a stronger connection to the community and surrounding land uses, capitalizing on the value of the recently built performing arts center on the adjacent high school campus, creating additional access, visibility and parking for Soil Barn Farms, upgrading access, entry gateways and parking within Hagan Park, and ultimately connecting local City bike corridors with the American River Bike Trail. REDWOOD DRIVE COMPLETE STREETS MASTER PLAN, HUMBOLDT COUNTY Ltan,l,c,li _ ,il _h11Pt_1 iesponsible for streetscape design of Redwood Drive, the hislonc Highway 101 business route through the town of Garberville Mark Thomas is providing services to develop a conceptua# alternatives, preliminary estimates, public outreach for the piolect and support County during preparation of the environmental document and preliminary engineering designs. - - . I -, ( , . , 1 , I -, L l u I- E S t. J ( 'r , mAr,K Ti.-Or,,::, 13-25 CHRIS CAMARILLO, PLA EDUCATiOri REGISTRATION Chris has tl years of experience in landscape architecture, urban design, landscape design and master pianning. He has designed projects ranging from master plans to construction documents. His responsibilities include project research, plan/ detail drafting, photo rendering, presentation graphic preparation, public workshop presentation assistance, and more. RFPRESEWATIVE PROJECTr- CHAKEMCO STREET IMPROVEMENTS, SOUTH GATE Landscape designer foe landscape design set vices tot the roadway project that will provide a safe pedestrian route to school, rehabilitate the existing roadway pavement, and mitigate poor street drainage on Chakemco Street in the City of South Gate. Chakemco Street has a number of businesses that use the street as a main access to their business and also for additional parking It also has an alley -type cross section, lacks an ADA pedestrian route requiring pavement rehabilitation. LONG BEACH BOULEVARD GREEN STREET IMPROVEMENTS, SOUTH GATE i-andwape designer foI the Long Beach Boulevard project. The project consists of a five -lane, 70-foot wide heavily traveled auto -oriented primary arterial traversing north - south through the City. This crucial corridor currently lacks bicycle facilities and many of the intersections lack modern crosswalks and ADA-compliant curb ramps. Improvements will Include ADA-compliant curb ramps, Class III bicycle facilities, enhanced crosswalks, shade trees, plantings in the medians and sidewalks, and vegetated brofiltration areas fo, aesthetics and drainage. WILLIAM R. MASON REGIONAL PARK (WIMA) ENTRY DRIVEWAYAND ROADWAY IMPROVEMENTS, ORANGE COUNTY Lead landscape designer responsible for addressing severe visual and functional deficiencies at the main entrance to the park, poor and unsafe pedestrian experience, and deteriorated vehicular facilities. Solutions included widening driveways to allow for emergency and maintenance vehicles access and improved traffic capacity pavement rehabilitation to correct uneven pavement and ponding, beautification through renewed landscaping and aesthetic treatment design at the park entrance, drainage and water quality treatment improvements through water capture at planted median areas. MENDEZ HISTORIC TRAIL, WESTMINSTER Landscape designer responsible fui assisting ,vith the design for this historic trail and Green Street bikeway project that will reduce vehicle travel lanes and create a two-rn4e long Class IV bikeway along the western limits of the corridor. Additional project improvements include pedestrian level lighting, correction of deficient driveways, pavement rehab, asphalt overl,Iy, and curb ramps. SR 145 (YOSEMITE AVENUE) MASTER PLAN, MADERA Lead designer on the landscape architecture and urban design team, and suppor t to the engineering team to envision a re -imagined historic downtown corridor and surrounding neighborhood. Support was provided for workshopping, existing conditions mapping, identifying opportunities and constraints, and working with city staff and city residents to craft a complete streets neighborhood master plan. The project master plan Included improvements to pedestrian safety, incorporated bicycle facilities, traffic calming measures, addition of planted landscape areas and improved urban forest canopy, activated public spaces, and established place -making and Identity branding. BROADWAY COMPLETE STREET IMPROVEMENTS, SACRAMENTO Landscape designer for conceptual and final design of the Broadway Complete Streets project. The project includes a four -lane to three -lane road diet, Class II buffered bike lanes, intersection mod&cations at key locations, pedestrian improvements, conversion of 16th Street to a two-way street. and constructing the 29th Street extension between X Street and Broadway ,N {: : L I ArAi.,sr APE r,pCHIT r-CTURE SEkvICES MARK TI'ONNAS 13-26 PUBLIC AGENCY EXPERIENCE Since 1927, Mark Thomas & Company, Inc. (Mark Thomas) has provided professional design services for various public agencies and private enterprises throughout California. As a California corporation, our stability throughout the years is founded on our client service focus, and delivering projects with a tailored approach to meet our clients' goals. This reputation is realized through the efforts of 290 full-time professionals within offices that are strateg!calfy located to support the communities that we five rn. Originating in San Jose (corporate headquarters), the firm has grown to establish additional offices in Irvine, Lakewood, Inland Empire, Carmel, Sacramento. Walnut Creek, Fresno, Cupertino, Oakland, and Roseville. Mark Thomas' urban planning and landscape architecture services provide our clients an integrated and comprehensive planning and design suite of services. Providing site -responsive design that is focused on community needs makes a project successful Our team of licensed landscape architects and designers have the experience and flexibility to deliver a wide range of protects such as park and recreation planning and design, trail and open space planning, civic improvements, waterfront development, and streetscape/complete street/gateway design. ABILITIES For every landscape architecture project, Mark Thomas applies a flexible and progressive approach that balances the needs of stakeholders and the community with realistic construction budgets and standard design practices. Our unique ability to understand each project individually and deve€op designs that fit within the context of the neighborhood and community has been the hallmark of many of our capital improvement related on -call contracts. The bulleted list to the right is a comprehensive summary of the services and abilities we believe you and your staff will appreciate no matter the complexity or intensity. Our approach is grounded in our understanding that successful projects are the result of: A commitment of key staff and adequate resources necessar y to deliver the contract as promised. The early identification and resolution of Issues Acting as extension of City staff. Being responsive and collaborative to the needs of the City and the public. » Monitoring design activities and delivery schedules through a committed QA/QC process Providing the most beneficial and cost-effective solutions. An open system of communication and coo!d!nation. ray ;r, 1F.0A, . 13-27 EXHIBIT B SCHEDULE OF BILLING RATES Mark Thomas & Company, Inc. Page B-1 13-28 EXHIBIT B SCHEDULE OF BILLING RATES ON -CALL LANDSCAPE ARCHITECTURE SERVICES Mark Thomas & Company, Inc. Rate Schedule* Engineering Services Intern $52 - $90 Technician $72 - $137 Planner 1 $85 - $155 Design Engineer 1 $101 - $144 Planner 11 $111 - $137 Sr. Technician $124 - $180 Design Engineer II $131 - $169 Project Engineer $154 - $191 Sr. Project Engineer $167 - $227 Sr. Technical Engineer $167 - $227 Project Manager $200 - $256 Technical Lead $200 - $256 Sr. Project Manager $232 - $328 Sr. Technical Lead $222 - $328 Engineering Manager $294 - $378 Practice Area Leader $294 - $378 Sr. Engineering Manager $327 - $450 Principal $422 - $500 Construction Management Services Office Technician $65 - $108 Office Engineer $115 - $216 '"Asst. Resident Engineer $164 - $297 —Inspector — CM $164 - $297 REIStructural Representative $213 - $360 Project Manager — CM $213 - $324 Sr. Project Manager — CM $229 - $360 Area Manager— CM $321 - $468 Division Manager — CM $294 - $360 District Management Services —Inspector — Apprentice $69 - $104 "Inspector $101 - $140 "Sr. Inspector $128 - $166 Assistant Sanitary Engineer $144 - $184 Associate Sanitary Engineer $160 - $216 Sanitary Project Engineer $160 - $248 Sr. Sanitary Project Engineer $203 - $295 Operations Manager $232 - $328 Deputy District Manager $288 - $353 District Manager -Engineer $321 - $374 Grant Writing Services Funding Specialist $158 Sr. Funding Specialist $263 Suryey Services Survey Intern $65 - $112 Survey Technician $85 - $151 Sr. Survey Technician $98 - $186 Surveyor $118 - $171 Sr. Surveyor $134 - $198 Lead Survey Technician $131 - $218 Project Surveyor $164 - $216 Sr. Project Surveyor $180 - $238 Survey Manager $191 - $263 Sr. Survey Manager $238 - $311 Survey Division Manager $284 - $396 "Single Chief $157 - $216 "`Single Instrumentman $150-$191 "Single Chainman $132 - $187 —Apprentice $71 - $176 " 1 Person Field Crew $157 - $216 "2 Person Field Crew $290 - $403 * 3 Person Field Crew $361 - $580 Drone Pilot $220 Project Support/Coordination Project Assistant $72 - $108 Technical Writer $69 - $115 Sr. Project Assistant $101 - $137 Project Coordinator $98 - $144 Graphic Designer $105 - $162 Sr. Technical Writer $105 - $176 Project Accountant $105 - $162 Sr. Project Coordinator $131 - 5173 Sr. Graphic Designer $118 - $198 Sr. Project Accountant $164 - $223 Sr. Graphic Manager $147 - $216 Urban PlanninglLandscape Architecture Services Landscape Intern $49 - $90 Landscape Designer 1 $85 - $115 Landscape Designer II $111 - $137 Landscape Architect $115 - $198 LAUD Division Manager $255 - $284 LAUD Project Manager $193 - $248 Sr. LAUD Project Manager $229 - $281 Sr, LAUD Division Manager $268 - $317 Special Services Expert Witness $440 Strategic Consulting $440 Note: Additional Promotional Ste s Exist within Various Rate Cate ones OTHER DIRECT COSTS _Reimbursabies including, but not limited to: Reproductions, Delivery and Filing Fees Cost Plus 5% Outside Consultant Fees Cost Plus 5% Mileage Per IRS Rate Survey Field Expenses Cost Plus 5% 'Rates subject to 2% CPl increase per agreement terms. —These charge rates are subject to Prevailing Wage laws and Union contract. 13-29 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. Mark Thomas & Company, Inc. Page C-1 13-30 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 endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least Mark Thomas & Company, Inc. Page C-2 13-31 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. 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 - Mark Thomas & Company, Inc. Page C-3 13-32 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. Mark Thomas & Company, Inc. Page C-4 13-33 ATTACHMENT B ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH BGB DESIGN GROUP, INC. FOR LANDSCAPE ARCHITECTURE SERVICES THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 14th day of June, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and BGB DESIGN GROUP, INC., a California corporation ("Consultant"), whose address is 3185 C-1 Airway Ave., Costa Mesa, CA 92626, 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 professional landscape architecture and related services. ("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 June 13, 2025, 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; 13-34 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 Fifty Thousand Dollars and 00/100 ($150,000.00), 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 Upon the first annual anniversary of the Effective Date and upon each annual anniversary of the Effective Date thereafter, the billing rates may be adjusted by BGB Design Group, Inc. Page 2 13-35 an increase not to exceed 2.0%. Contractor shall notify City in writing of any requests for adjustment pursuant to this Section at least thirty (30) days prior to the effective date of such adjustment, and provide an updated schedule of billing rates reflecting the adjustment. Adjusted billing rates shall be approved in writing by City prior to being effective. Notwithstanding the foregoing, no billing rate adjustment pursuant to this Section shall exceed an increase greater than 2.0% over the billing rates then in effect immediately preceding such adjustment. 4.3 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person 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. 4.4 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. 4.5 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 Arthur D. Guy III 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. BGB Design Group, Inc. Page 3 13-36 fi. 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. 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 fumish 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 and employees (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 BGB Design Group, Inc. Page 4 13-37 (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, 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. BGB Design Group, Inc. Page 5 13-38 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. 16. SUBCONTRACTING 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 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. BGB Design Group, Inc. Page 6 13-39 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 Computer Aided Design and Drafting ("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; or (b) 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, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. 17.4 All improvement and/or construction plans shall be plotted on standard twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30) days after finalization of the Project. 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 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. BGB Design Group, Inc. Page 7 13-40 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 bome 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") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. BGB Design Group, Inc. Page 8 13-41 25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. 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: 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: Arthur D. Guy III, President BGB Design Group, Inc. 3185 C-1 Airway Ave. Costa Mesa, CA 92626 27. CLAIMS 27.1 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.). 27.2 To the extent that Consultant's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in BGB Design Group, Inc. Page 9 13-42 dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor/Consultant's claim is not a Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Consultant shall be required to file such claim with the 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. PREVAILING WAGES 29.1 If any of the Work contemplated under the Agreement is considered a "public work", pursuant to the applicable provisions of the Labor Code of the State of California, including but not limited to Section 1720 et seq., not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman shall be paid to all workmen employed on such. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Consultant is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. BGB Design Group, Inc. Page 10 13-43 29.2 In such event, unless otherwise exempt by law, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 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. 30.3 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. 30.4 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. 30.5 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. 30.6 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. 30.7 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. 30.8 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. BGB Design Group, Inc. Page 11 13-44 30.9 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. 30.10 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. 30.11 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. 30.12 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] BGB Design Group, Inc. Page 12 13-45 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: ( as By: ar n C. Harp CoAttorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Kevin Muldoon Mayor CONSULTANT: BGB Design Group, Inc., a California corporation Date: By: Arthur D. Guy Chief Executive Officer/President Date: Jeff Kraus Chief Financial OfficerlVice President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements BGB Design Group, Inc. Page 13 13-46 EXHIBIT A SCOPE OF SERVICES BGB Design Group, Inc. Page A-1 13-47 EXHIBIT A SCOPE OF SERVICES ON -CALL LANDSCAPE ARCHITECTURE SERVICES 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, HOA meetings, City Council meetings, etc.) ■ Prepare final design level landscape, hardscape and irrigation construction plans, specifications, and estimates. Specifications shall conform to the Standard Specifications for Public Works Construction (Greenbook). ■ Prepare irrigation calculations and studies ■ Incorporate water and energy savings design measures and value engineering services ■ Provide bid support ■ Provide construction support and administration services ■ Prepare record drawings ■ Other landscape architecture -related tasks, as necessary Upon written request from the City Project Administrator, Consultant shall provide a letter proposal, in accordance with the terms of the Agreement, for specific services requested by the City. The Letter Proposal shall include, but is not limited to, the following: ■ A detailed description of the Scope of Services to be provided; ■ The position of each person to be assigned to perform the Scope of Services and the name of the individuals to be assigned; and ■ The estimated number of hours and cost to complete the Scope of Services No services shall be provided until the City 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. 13-48 BGB I DESIGN GROUP Landscape ATJiitociore Pii-,rrr,, U•Lan Du,.jr January 26, 2022 BGB Design Group is pleased to submit our qualifications for On -Call Services to the City of Newport Beach. Our firm was founded in 1979 by Senior Principal Bob Borthwick and was incorporated in 1998 to include Principal Arthur Guy. Mr. Guy is now the president of BGB Design Group, assisted by Principal Jeff Kraus, with continuing support from founding principal Bob Borthwick. BGB is located in Costa Mesa, and currently employs a staff of eight (8) persons. We have a balanced workload of both public and private sector projects. BGB has a long track record of public agency clients throughout southern California, including the cities of Avalon, San Pedro, Rancho Santa Margarita, Redondo Beach, La Mirada, San Clemente, Dana Point, Laguna Beach, Costa Mesa, Anaheim, Fullerton, and the Orange County Sanitation District, among others. For public projects we have extensive experience in designing streetscapes and medians, parks, open spaces, trails, and other public facilities. We have received professional awards for projects such as the Avalon Downtown Waterfront (Catalina Island), the 2.4-mile San Clemente Beach Trail, and the Redondo Beach Esplanade. BGB has been recognized by Metropolitan Water District for knowledge and promotion of the "California -Friendly" plant palette, and we are on the leading edge of native plant and adapted drought -tolerant species utilization. We understand and appreciate the role that landscape architects play in the evolving science of landscape sustainability. Additionally, in a supporting (as needed) role, Water Management Group can assist BGB in site specific irrigation related technologies for drone imagery data collection, water management planning, GPS and irrigation distribution coverage scoring. As an On -Call Landscape Architectural Consultant for other cities, we understand that all projects will be different. For each project, our Scope of Work will be mutually determined by City Staff and BGB to achieve maximum public benefit and project efficiency. As a mid -size firm, we offer direct principal -level design, construction documentation, and management of each project. We look forward to continuing our working relationship with the City of Newport Beach as an On -Call Landscape Architectural firm. Sincerely, Arthur Guy, ASLA President 3185-C Airway Avenue Costa Mesa, CA USA 92626 +1 714 545 2898 www.bgb-inc.com 13-49 QUALIFICATIONS — Per City RFP • California Professional Landscape Architect license: Arthur Guy: #2214 Robert Borthwick: #1354 • Valid City of Newport Beach business license: Yes. Business license will be acquired. • Minimum ten (ten) years professional engineering experience in Landscape Architecture: BGB Design Group has 24 years of professional experience. • Minimum of seven (7) years of professional working history with similar -sized municipalities with satisfactory references: BGB has had successful projects with similar -sized cities and agencies for the past 24 years. See "References" and "Related Experience" for further information. • Ability to provide deliverables consistent with the latest version of City -adopted AutoCAD and other engineering / drafting -related software: BGB has provided deliverables to the City of Newport Beach in recent years using City -adopted engineering / drafting software. • Familiarity with City of Newport Beach codes, standards, and provisions: BGB has recently completed several City of Newport Beach projects, including "Hobie" Park on PCH and streetscape improvements on University Drive and Pacific Coast Highway, among others. • Experience in providing professional landscape architectural services for a coastal community: BGB has specialized in working with coastal communities, including Avalon, Redondo Beach, Laguna Beach, Dana Point, and San Clemente. We received professional recognition for projects in Avalon, Redondo Beach, Laguna Beach, and San Clemente. BGB is currently working on the final phase of the Crystal Cove Historic District on Newport Coast for California State Parks. Experience as lead or sub -consultant for multi -disciplinary project: BGB is typically lead (prime consultant) for public projects and handles subconsultants under our contract. For the $15M San Clemente Beach Trail, BGB was lead consultant and managed seven (7) separate subconsultants. BGB has also served as the landscape architectural subconsultant on many projects that are managed by engineers or architects. Experience with various regulatory permitting agencies: BGB as lead (prime) consultant, coordinated the approval of the San Clemente Beach Trail with eleven (11) regulatory agencies; including Federal, State, County, and local agencies. 13-50 • • • FIRM PROFILE BGB Design Group is a Landscape Architectural, Planning, and Urban Design firm specializing in streetscapes, parks, trails, civic buildings, and related public projects. Public projects include the Yorba Linda Town Center, the Esplanade in Redondo Beach, Avalon Waterfront Urban Design Plan on Catalina Island, the San Clemente Railroad Corridor Pedestrian Beach Trail, OCSD Plant No. 2 in Huntington Beach, Maxwell Park and Haskett Library in Anaheim, Hobie Park in Newport Beach. Ketchum- Libolt Park and Tewinkle Athletic Complex in Costa Mesa, and Del Obispo Park Renovation in Dana Point among others. Related open space and environmental projects include Aliso Creek Corridor Master Plan, Laguna Creek Restoration, Hiltscher Trail and Bud Turner Trail in Fullerton, and the Kern River Upland restoration project in Bakersfield. In 2017, BGB completed the Landscape Element of the Laguna Beach General Plan and the Landscape and Scenic Highways Resource Document which was given the APA Award of Excellence. These Master -Planning projects outlined urban design, planting, sustainability, and related goals and policies for the city. We are experienced in facilitating community presentations and workshops to gather public input and to achieve consensus on planning and design decisions. BGB has been retained by the cities of Anaheim, Fullerton, Gardena. and Newport Beach as "on -call" landscape architects. With over 24 years as a California "S" Corporation, we have retained a long term and experienced staff and consistent workload that is balanced between public and private developer projects. Over 80% of our work is from long-term and repeat clients, which demonstrates our ability to meet deadlines and budgets, as well as providing quality professional services and award -winning projects. Avalon, CA ASLA National Centennial Award -Downtown Waterfront Urban Plan 4 13-51 STAFFING and ORGANIZATION * Resume provided: "key project personnel" will be available for the duration of the project, acknowledging that no person designated as "key" to the contract shall be removed or replaced without prior written concurrence of the City. 1. Arthur Guy, President (Primary Contact) " BS Landscape Architecture Cal Poly Pomona, 1978 Licensed Landscape Architect #2214 2_ Robert Borthwick, Senior Principal BS Landscape Architecture Cal Poly Pomona, 1969 Licensed Landscape Architect #1354 3. Jeff Kraus, Principal BS Landscape Architecture Cal Poly Pomona, 1996 4. Nicole Nguyen, Project Manager / Job Captain * BS Landscape Architecture Cal Poly Pomona, 2016 5. Celerino Villa, Job Captain / Designer BS Landscape Architecture Cal Poly Pomona, 2011 6. Tony Escario, Landscape Designer BS Landscape Architecture Cal Poly Pomona, 1999 7. Nayon Kim, Landscape Designer BS Landscape Architecture Cal Poly Pomona, 2019 8. Stephanie Satterlee, Office Manager Jeff Kraus Technical Review Tony Escario Designer Arthur Guy Principal -In -Charge/ Sr. Project Manager Nicole Nguyen Job Captain ! Project Manager Subconsultants As - Required Bob Borthwick Project Review Celerino Villa Designer 8 1 P J g e 13-52 RESUMES OF KEY PERSONNEL Name: Arthur Guy, ASLA Position: Principal / Sr. Project Manager Education: BS Landscape Architecture, Cal Poly Pomona, 1978 Years with BGB: 24 • Summary of Experience: Mr. Guy served as designer and Principal -in -Charge in addition • to providing project management for the following recent select public projects: Oak Canyon Nature Center, City of Anaheim, 2020 — present Prime consult preparing ADA accessibility and learning lab exhibits, decks, ramps and interpretative signage for a rustic nature setting. • Pearl Park, City of Fullerton, 2021 • Prime consultant for new '/z-acre neighborhood park in a former vacant lot that includes, tot lot / granite sett climbing mounds, basketball court, and picnic area with sail shade structure, funded by State Parks Prop 68. Julianna Park, City of Anaheim, 2021 • Prime consultant for 3/o acre neighborhood park renovation including, basketball court, • exercise stations, picnic / BBQ, shade structure and multi -use turf area. • Pacific Coast Highway Median Improvements, City of Newport Beach, 2020 As on -call consultant for the City, prepared design documents for a one -mile reach of PCH, west of Newport Blvd including complete landscape and irrigation renovation. Yorba Linda Town Center, City of Yorba Linda, 2019 As sub -consultant to Harris & Associates, provided the landscape, hardscape and • amenity design documents for the Historical Main Street. In 2020, project was awarded • ASCE Historical Renovation Award. Jamboree Road Median Turf Replacement, City of Newport Beach, 2019 As on -call consultant for the City, prepared design documents for a one -mile reach of Jamboree Rd. from Ford Rd. to University Dr., partially funded through a MWD turf reduction program. Existing trees were retained, supplemented with drought tolerant • gateway understory landscape and complete irrigation renovation. • Ell Camino Real Bike Trail, City of San Clemente, 2017 This Class IV, 1.5-mile Bikeway segment connects to Dana Point and completes a near 15-year construction span, with a continuous north/south City bikeway, that commenced with BGB's involvement with the 2.5 -mile coastal trail within the railroad R.O.W. El Camino Real segment separates pedestrians/bikers from vehicular travel with low • maintenance succulent and rockscape design and subterranean irrigation. Professional Registrations: Registered Landscape Architect California #2214, Registered Landscape Architect Nevada #488 Professional Memberships: American Society of Landscape Architects — Full Member. • Irrigation Association — Full Member Special Training: Certified Landscape Irrigation Auditor #81986 9 1 a ; 13-53 Name: Robert Borthwick, ASLA Position: Senior Principal Education: BS Landscape Architecture, Cal Poly Pomona, 1969 Summary of Experience: As founding principal of BGB Design Group in 1998, Bob Borthwick brings decades of experience to the firm. He has received numerous professional awards and provides design oversight to the firm. A brief list of representative projects follows: Avalon Waterfront Urban Design Plan — City of Avalon, Catalina Island, CA Refurbishment of Avalon's entire downtown waterfront area. The completed project included creating new "pedestrian -only" streets, plazas, and restoration/enhancement of paving, decorative walls, fountains and historical artwork. Bob led the design for the project and facilitated all public workshops and presentations. The project received design awards from SCC/ASLA, the Los Angeles Business Council, and the Centennial Award from ASLA/National. Laguna Beach Landscape & Scenic Highways Resource Document/General Plan Worked with Council -appointed Task Group and city staff to prepare an inventory of architectural and landscape features in approximately 35 neighborhoods and districts, and provided design recommendations to identify and preserve the visual character of each district and the city's scenic highways. Received American Planning Association and SCC/ASLA awards. Fullerton Multi -Use Trails BGB completed planning design for a series of local/regional multi -use trails in Fullerton. Projects included Hiltscher Trail, Bud Turner (Laguna Lakes) Trail. User -groups included pedestrians, bicyclists, and equestrians. Features included bridges, seating/picnic areas, and native landscaping. Bob Borthwick managed these projects and led all public workshops. Certifications: Lifetime Instructor Credential — California Community Colleges Professional Registration: Registered Landscape Architect #1354 Professional Memberships: American Society of Landscape Architects — Full Member. Teaching Experience: University of California, Irvine. Extension Professor of Landscape Architecture. Professional Leadership: • Chair, Cal Poly Pomona Landscape Architecture Advisory Board • Foundation for Sustainability & Innovation: Board of Directors • Visiting Guest Lecturer/Critic: USC Graduate School of Architecture, Cal Poly Pomona, UCLA Landscape Architecture Extension Program • View Restoration Advisory Committee — City of Laguna Beach • Laguna Greenbelt: Board of Directors 10 1 ; -1 :' ,. 13-54 Name: Nicole Nguyen, ASLA Position: Project Manager / Job Captain Education: BS Landscape Architecture, Cal Poly Pomona, 2016 Years with BGB: 5 Summary of Experience: Nicole Nguyen received her A.A. degree from Irvine Valley College in 2012 in Social and Behavioral Sciences. She transferred to Cal Poly Pomona and received her B.S. degree in Landscape Architecture from Cal Poly Pomona in 2016. As a graduating student, Nicole received the prestigious Howard O. Boltz Memorial Award, the 2016 ASLA Student Honor Award, and the 2015 Don Brinkerhoff Scholarship. She was a Student Teaching Assistant in studio classes for design professors. Assistant Project Manager / Job Captain responsibilities were provided by Nicole Nguyen on the following projects (selected list): Crystal Cove Historic District, State of California, 2022 Provided pedestrian hardscape and landscape plans for Phase III of the site reconstruction. This project is on the National Register of Historic Places, and includes forty-six beach cottages from the 1920's and 30's. Julianna Park, City of Anaheim, 2021 Prime consultant for 3/ acre neighborhood park renovation including, basketball court, exercise stations, picnic / BBQ, shade structure and multi -use turf area. Oak Canyon Nature Center, City of Anaheim, 2020 - present Prime consult preparing ADA accessibility and learning lab exhibits, decks, ramps and interpretative signage for a rustic nature setting. Pacific Coast Highway Median Improvements, City of Newport Beach. 2020 As on -call consultant for the City, prepared design documents for a one -mile reach of PCH, west of Newport Blvd including complete landscape and irrigation renovation. Yorba Linda Town Center, City of Yorba Linda, 2019 As sub -consultant to Harris & Associates, provided the landscape, hardscape and amenity design documents for the Historical Main Street. In 2020, project was awarded ASCE Historical Renovation Award. West Pacific Coast Hwy. Streetscapes, City of Newport Beach, 2019 Provided landscape plans for parkways and median islands for Phase I improvements from Santa Ana River Jetty to OCSD Pump Station Professional Membership: American Society of Landscape Architects (former Chapter Executive Board); Professional Recognition: Cal Poly Pomona Professional Advisory Board - Secretary. 111P,,I- 13-55 WATER MANAGEMENT GROUP SUB -CONSULTANT Name: Geza Kisch Position: Principal Education: Received a BS degree from the Hungarian Horticultural University in Gyongyos, Hungary, in 1973. Mr. Kisch received an irrigation engineering minor from California State Polytechnic University, Pomona 1982 while conducting graduate studies in Agricultural Engineering and Landscape Irrigation. Summary of Experience: Geza Kisch founded Water Management Group in 1988 to manage water resources for large-scale water users such as municipalities, water districts, master planned communities and golf courses. Mr. Kisch has been involved in water management, as well as agricultural and landscape irrigation research and applications. He is responsible for all company operations, directing Irrigation Master Planning, design, construction documentation, and construction observation of irrigation systems worldwide. Kisch also consults with many major irrigation manufacturers for product development. Mr. Kisch is a member of the American Society of Irrigation Consultants (ASIC), the American Society of Agricultural Engineers, and was the President of the ASIC Southern California Chapter 1991-1992. Mr. Kisch is a member of the Irrigation Association (IA) and is an IA Certified Irrigation Designer and Water Auditor. Mr. Kisch is also a founding Principal of Green World Solutions a sister company specializing in GIS based landscape technologies. Relevant project experience includes: • City of Irvine / IRWD — Dove Creek Park Irrigation efficiency improvement • Lake Las Vegas portfolio additions — Irrigation Master Plan, design observation and management for hotels, film studio, lake shore, • City of Colon - Irrigation efficiency improvement • Huntington Library: Conducted GPS water audits utilizing PlanCheckPro software; provided recommendations for landscape irrigation water conservation measures. • Tesoro Del Valle Master Planned Community: Irrigation Analysis and Planning • Vellano Community and Country Club, Chino Hills: Irrigation Master Plan, Construction Documentation, Construction Observation and Water Auditing services for Greg Norman golf course and 600-acre residential community, landscaped extensively in California native plants. • Tejon Ranch, California: Community Irrigation Master Plan and Design. • Inland Empire Utilities Agency (IEUA): Irrigation system GIS/GPS audit for 150 parks and golf course and complete water distribution analysis. Previous project assistance with BGB Design Group: • Rolling Hills Park, City of Fullerton- GPS As-builts and Distribution Efficiency • Barton Park, City of Anaheim- GPS As-builts and Distribution Efficiency • Pioneer Park, City of Anaheim- GPS as -built • Edison Park, City of Anaheim- GPS As -built 12 111,1 r. 13-56 WORK PLAN BGB has completed several projects over the years for the City of Newport Beach. Each project had its own intrinsic program that BGB navigated to develop thoughtful, and community -based designs. As always, a "lessons learned" approach will be used for future endeavors that builds on prior work to best address the needs of the community, working in concert with City staff. As each project is unique, scope and service will vary. BGB has professional strengths in all aspects of landscape architecture. For irrigation, we have a Certified Water Auditor on -staff to review our irrigation plans and coordinate the preparation of water -use calculations and field auditing if/as necessary. BGB utilizes Land F/X software as a 31d party overlay to AutoCAD 2015 which provides continuous manufacturer updates to irrigation projects, nursery stocks, etc. Software provides hydrologic calculations and quantity takeoffs at every stage of a project for budgetary control. BGB has customized scheduling for irrigation to comply with the current AB 1881 1.216 requirements to meet water conservation guidelines. As BGB provides in-house irrigation design, coordination between landscape and irrigation system hydrozones during design is transparent. Each staff member is proficient in landscape and irrigation design to be aware of potential conflicts during the design process. Typical services are performed for most public work as follows: A. Proiect Coordination: Principal level project management is provided to coordinate work with staff and sub -consultants. B. Records Research: Each discipline will request appropriate documentation from the various departments and outside agencies. C. Preliminary Design: BGB will help facilitate schematic through preliminary design based upon the program set forth by the City as appropriate for public presentation and / or community input. D. Meetings / Public Outreach: BGB is experienced in public outreach and may provide bi-lingual communication in Spanish and Vietnamese. E. Survey: Most projects require updated or new topographical survey. BGB prefers to utilize KDM Meridian as an independent survey firm, unless those services are fulfilled within a sub -consulting civil firm at the discretion of the city. F. Geotechnical Services: Depending upon the nature of the project, at the request of the City, BGB has engaged several local geotechnical firms to provide project specific analysis for grading, foundations, footings and pavement sections. G. Traffic Analysis: On an as -needed basis at the direction of the city, infill projects may require levels of analysis to determine effects of parking and / or traffic on redevelopment. Although projects in the past primarily utilized the W.A.T.C.H. Manual, our preferred consultant Elias Transportation (Elias Garcia formerly worked under Mark Miller, Fullerton Traffic Engineer) may prepare TCP's at the request of the City. 13 1 13-57 i H. Utility Coordination: Typically, our civil and / or electrical sub -consulting firms address utility agency coordination for water, gas, sewer, storm drain, telephone, and electrical services. • • I. Water Quality: As with all projects. WQMP issues must be addressed depending on the impact of development BGB works directly with our civil and geotechnical engineer(s) to map out preferred solutions with offer the most beneficial result for the city aesthetically and economically meeting the agency requirements. • J. Renderings: If 1 as needed for community presentation, BGB offers any level of 3D photo -simulation renderings at the request of the city. K. Landscape Construction Documentation: As with all projects, BGB offers 100% • in-house execution of landscape and irrigation design and construction . documentation. As with the status of climate change and state mandated water conservation goals, BGB is an industry leader in irrigation design. Water Management Group provides support services with GPS survey of existing park irrigation systems and offers proprietary software evaluation of the water . distribution analysis for irrigation systems. This service helps the City understand with visual analysis how efficient existing park sites are to enable constructive renovation guidance. Typical Package includes the following: Project Coversheet • General Notes / Construction Notes • Landscape Demolition Plans • Landscape Construction Plans • Irrigation Plans • Irrigation Details 1 Water Conservation Calculations • Planting Plans • Planting Details • Technical Specifications (CSI Format) • Estimate of Probable Construction Costs Bid Proposal L. Construction Administration: As standard practice, BGB provides as requested pre -construction attendance. submittal review and project observation in support of city inspection to make sure contractor is in compliance with design intent. • M. Construction Management: Although in the past, the city has not requested . construction management services, BGB may provide these services through an independent 3Id party consulting firm, Murow Development Consultants (www.murowdc.com) or other sub -consultants, as directed. N. Quality Control: BGB takes pride in the fact that the majority of our new work is the result of referrals by existing and past clients. Our client base includes both private developer and public agency clients that have spanned decades. We believe that our long -terra client relationships are a result of not only our design abilities, but also our commitment to schedule, budgets, and deadlines. Third . party peer review is incorporated into projects, as necessary, to receive unbiased "fresh eyes" for review. BGB has a highly experienced staff that produces quality and error -free deliverables to the maximum extent possible. • 141Page 13-58 EXHIBIT B SCHEDULE OF BILLING RATES BGB Design Group, Inc. Page B-1 13-59 EXHIBIT B SCHEDULE OF BILLING RATES ON -CALL LANDSCAPE ARCHITECTURE SERVICES FEE SCHEDULE — BGB DESIGN GROUP Billing rates set forth below shall be subject to adjustment based on CPI as set forth in the Agreement. Standard Hourly Rates Principal / Senior Project Manager — Art Guy $180.00/hr. Senior Principal — Bob Borthwick $180.00/hr. Job Captain / Project Manager — Nicole Nguyen $140.00/hr. Senior Landscape Designer — Cele Villa, Tony Escario $115.00/hr. Landscape Designer — Nayon Kim $100.00/hr. Administrative / Clerical — Stephanie Satterlee $75.00/hr. The city shall not be billed overtime rates for BGB staff time. City review meetings and public presentations shall be billed at standard hourly rates. Reproduction and other approved reimbursable expenses shall be billed at cost plus 15% overhead. Mileage reimbursement shall not be billed to City. FEE SCHEDULE — Subconsultants Fee Schedule(s) for subconsultants will be provided upon request. Subconsultants will be selected on a project -by -project basis and will be subject to City approval. Subconsultants shall not contract directly with City, but shall be subcontractors of Consultant. 13-60 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. BGB Design Group, Inc. Page C-1 13-61 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 endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least BGB Design Group, Inc. Page C-2 13-62 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. 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- BGB Design Group, Inc. Page C-3 13-63 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. BGB Design Group, Inc. Page C-4 13-64 ATTACHMENT C 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 14th day of June, 2022 ("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: 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 professional landscape architecture and related services. ("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 June 13, 2025, 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; 13-65 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 Fifty Thousand Dollars and 001100 ($150,000.00), 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 Upon the first annual anniversary of the Effective Date and upon each annual anniversary of the Effective Date thereafter, the billing rates may be adjusted by RJM Design Group, Inc. Page 2 13-66 an increase not to exceed the percentage change from April of the anniversary year to April of the prior year in the Consumer Price Index ("CPI") of the Los Angeles -Long Beach - Anaheim, CA, Area, All Urban Consumers, All Items, or successor index, as published by the United States Department of Labor, Bureau of Labor Statistics. Contractor shall notify City in writing of any requests for adjustment pursuant to this Section at least thirty (30) days prior to the effective date of such adjustment, and provide an updated schedule of billing rates reflecting the adjustment. Adjusted billing rates shall be approved in writing by City prior to being effective. Notwithstanding the foregoing, no billing rate adjustment pursuant to this Section shall exceed an increase greater than 2.0% over the billing rates then in effect immediately preceding such adjustment. 4.3 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person 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. 4.4 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. 4.5 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 Larry P. Ryan, President 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. RJM Design Group, Inc. Page 3 13-67 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. 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 and employees (collectively, the "Indemnified Parties"), from and against any RJM Design Group, Inc. Page 4 13-68 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, 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, or to require a Consultant who is a design professional, as defined by Civil Code Section 2782.8(c), to provide indemnification or defense of the Indemnified parties inconsistent with existing law. 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. RJM Design Group, Inc. Page 5 13-69 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. 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. 16. SUBCONTRACTING 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. RJM Design Group, Inc. Page 6 13-70 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 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 Computer Aided Design and Drafting ("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; or (b) 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, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. 17.4 All improvement and/or construction plans shall be plotted on standard twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30) days after finalization of the Project. 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 RJM Design Group, Inc. Page 7 13-71 of City. Since Consultant has no control over the cost of labor and material, or over 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 borne by RJM Design Group, Inc. Page 8 13- 72 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") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. 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: 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: Larry P. Ryan, President RJM Design Group, Inc. 31591 Camino Capistrano San Juan Capistrano, CA 92675 RJM Design Group, Inc. Page 9 13-73 27. CLAIMS 27.1 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.). 27.2 To the extent that Consultant's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Consultant shall be required to file such claim with the 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. RJM Design Group, Inc. Page 10 13-74 29. PREVAILING WAGES 29.1 If any of the Work contemplated under the Agreement is considered a "public work", pursuant to the applicable provisions of the Labor Code of the State of California, including but not limited to Section 1720 et seq., not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman shall be paid to all workmen employed on such. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Consultant is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 29.2 In such event, unless otherwise exempt bylaw, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 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. 30.3 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. 30.4 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. RJM Design Group, Inc. Page 11 13- 75 30.5 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. 30.6 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. 30.7 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. 30.8 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. 30.9 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. 30.10 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. 30.11 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. 30.12 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 12 13-76 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: ron C. Harp City Attorney ATTEST: Date: Az CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONSULTANT: RJM Design Group, Inc., a California corporation Date: Bv: Leilani 1. Brown Larry P. Ryan City Clerk Chief Executive Officer Date: 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 13 13-77 SCOPE OF SERVICES RJM Design Group, Inc. Page A-1 13-78 EXHIBIT A SCOPE OF SERVICES ON -CALL LANDSCAPE ARCHITECTURE SERVICES 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, HOA meetings, City Council meetings, etc.) ■ Prepare final design level landscape, hardscape and irrigation construction plans, specifications, and estimates. Specifications shall conform to the Standard Specifications for Public Works Construction (Greenbook). ■ Prepare irrigation calculations and studies ■ Incorporate water and energy savings design measures and value engineering services ■ Provide bid support ■ Provide construction support and administration services ■ Prepare record drawings ■ Other landscape architecture -related tasks, as necessary Upon written request from the City's Project Administrator, Consultant shall provide a letter proposal, in accordance with the terms of the Agreement, for specific services requested by the City. The Letter Proposal shall include, but is not limited to, the following: ■ A detailed description of the Scope of Services to be provided; ■ The position of each person to be assigned to perform the Scope of Services and the name of the individuals to be assigned; and ■ The estimated number of hours and cost to complete the Scope of Services No services shall be provided until the City's 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. 13-79 Cover Letter 31591 Camino Capistrano San Juan Capistrano CA 92675 %vw.v RJMdesigngroup cam 19491493-2600 i9491493-2590 January 26, 2022 Patrick Arciniega Senior Civil Engineer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Community Inspired Spaces 41 IF A DESIGN R M GROUP Li Re: RFP NO. 22-28 On -Call Professional Landscape Architecture Services for the City of Newport Beach Dear Mr. Arciniega: RJM Design Group, Inc. is pleased to submit our proposal for On -Call Professional Landscape Architecture Services for the City of Newport Beach. We are excited about the possibility of being selected for this very important position and continuing to provide our services to the City of Newport Beach and its residents. RJM Design Group is a multi -disciplinary landscape architectural design and planning firm with extensive experience providing On -Call services to numerous municipal clients. We will be responsible for coordinating and managing each of the design disciplines for any given project, monitoring the work schedule, quality assurance and quality control, and adhering to the project schedule and budget. With the challenges cities are facing in this Covid-19 recovery phase, RJM Design Group offers multiple virtual communication tools, for sharing information, soliciting community input, transmitting drawings, and maintaining contact. RJM Design Group is proud to celebrate our 34th year in business. The key to our stability and success is our many clients with whom we have developed long-term relationships. We are committed to continuing our close working relationship with the City of Newport Beach staff to ensure the project development processes run smoothly and efficiently. Please feel free to contact me directly by phone at (949) 493-2600 or email at larryrq»rjmdesigngroup.com. Sincerely, RJM Design Group Larry P. Ryan, ASLA Principal C,ty of Newport Beach • Or Call Professional Landscape Architecture Services 1 Firm Profile r N N 4-2 �rf ' - I 0-- 4 MR E"hL GROUP Established in 1987, RJM Design Group has evolved into a multi -disciplinary landscape architectural, planning, and design firm committed to serving the needs of cities, public agencies, and organizations throughout California. RJM is comprised of talented Individuals with varied backgrounds and interests. Among these dynamic professionals are licensed landscape architects, designers, and planners, most of whom are LEED Accredited Professionals. Each person brings a unique, yet complementary experience and passion to the firm, who will be dedicated to the duration of the project as needed. Firm Legal Name RJM Design Group, Inc. Type of Business California Corporation, SBE Number of Years in Business 34 Years (Since 1987) CA Business License Number 12483 Contact Information (949) 493-2600 List of Owners Larry P. Ryan — President, larryr@rjmdesigngroup.com Zachary Mueting — Secretary, zach@rjmdesigngroup.com Principal Contact Larry P. Ryan, larryr@rjmdesigngroup.com Office Location 31591 Camino Capistrano, San Juan Capistrano, CA 92675 Firm Size 15 Personnel Personnel (10) Licensed Landscape Architects, Project Managers (5) Technical Support (4) Administrative Support (3) LEED Accredited Professionals (2) Certified Arborists (2) FAA 107 Drone Pilots 3 _ C�. -,tal Cove State Park Newport Beach, CA (RJM Projec� Staffing List & Resumes �=L 4--F. RJM Design Group, Inc. Will Provide: Project Management, Professional Landscape ems` Architectural Services, Overall Project Coordination, &Administration Principal In Charge: '~- Larry P. Ryan Backup Principal In Charge: Zachary Mueting Project Landscape Architects / Project Managers: Craig Sensenbach Tamara McClory -A Civil Engineering civTEC Tom Carcelli Irrigation Design GIasi r Design Chris Curry Aquatic Design Jones & Madhavan Nachi Madhavan 5katepark / Pump Track Design Newline Skateparks Kanten Russell Architecture SVA Bob Simon Electrical Engineering FBA Engineers Bill Zavrsnick Geotechnical Engineering GMU Greg Silver Larry P. Ryan, LLA, ASLA Craig Sensenbach PLA, LEED AP ` Principal -in -Charge ,e (BD}C), 5A RJM Design Group, Inc. Principail Project Manager Larry Ryan's passion for creating RJM Design Group, Inc. meaningful public spaces for people to enjoy led him to co-found RJM Craig Sensenbach joined RJM Design Design Group over 30 years ago. Group, Inc. as a Project Manager in The long-term relationships that he the Fall of 1993. As Project Landscape develops and maintains with clients, Architect, his responsibilities include ° sans decades. He has worked with p both planning and landscape numerous communities throughout California and Nevada, architecture ranging from conceptual planning studies where his project involvement encompasses all phases of development, including the provision of As -Needed Design through schematic design, preliminary graphics, design Services for our municipal clients. development, production scheduling, preparation of construction documents, client/consultant coordination Education • Bachelor of Science, Landscape Architecture, and on -site observation. California Polytechnic State University, Pomona, CA Licenses • Landscape Architect / CA 2S02 / AZ 2S241 / NV 366 Parks • Alicia Park, Mission Viejo, CA • Aurora Park, Mission Viejo, CA • Bonita Creek Park Renovation, Newport Beach, CA Cedar Grove Park, Tustin, CA • Cesar E. Chavez Park, Long Beach, CA • Citrus Ranch Park, Tustin, CA College Park, Oxnard, CA • Florence Joyner Olympiad Park, Mission Viejo, CA Grant Howald Park, Newport Beach, CA • Heritage Park, Tustin, CA - Long Beach Integration Plan, Long Beach, CA • Manners Park Renovation Newport Beach, CA • Ontario Town Square, Ontario, CA • Portola Park, Lake Forest, CA • Veterans Memorial Park, Carlsbad, CA Education • Bachelor of Science, Landscape Architecture, Caiifornia Polytechnic State University, San Luis Obispo, CA • Graphic Design, Laguna College of Art & Design, Laguna Beach, CA • Light Construction & Development Management, University of California, Irvine Extension Program, Irvine, CA Licenses • Landscape Architect / CA 2547 • LEED Accredited Professional • International Society of Arboriculture (ISA) Certified Arborist WE-11716A Parks • Bonita Creek Park Renovation, Newport Beach, CA • Chino Hills Community Park, Chino Hills, CA • College Park, Oxnard, CA • Colonel Bill Barber Marine Corps Memorial Park, Irvine, CA Grant Howald Park, Newport Beach, CA M P k R Ni B h CA On -Call Design Services anners ar enovation, ewport eac , On -Call Design Services, City, County, & Port of San Orange Coast College Baseball Field Renovation, Diego, CA Costa Mesa, CA On -Call Design Services, City of Aiiso Viejo, CA On -Call Design Services, City of Chino Hills, CA Streetscapes • On -Call Design Services, City of Fresno, CA Anaheim Resort Area, Anaheim, CA • On -Call Design Services, City of Huntington Beach, CA Brookhurst Street Improvements, Anaheim, CA • On -Call Design Services, City of Laguna Niguel, CA Chapman Avenue, Stanton, CA • On -Call Design Services, City of Lake Elsinore, CA Cloverfield Blvd., Santa Monica, CA • On -Call Design Services, City of Lake Forest, CA Community Identity Plan, Chino Hills, CA • On -Call Design Services, City of Long Beach, CA Lemon Street Landscape Enhancement, Fullerton, CA • On -Call Design Services, City of Los Angeles, CA Lincoln Avenue Beautification, Anaheim, CA On -Call Design Services, City of Mission Viejo, CA Orangethorpe Avenue Landscape Renovation, • On -Call Design Services, City of Newport Beach, CA Fullerton, CA • On -Call Design Services, City of Ontario, CA Santa Ana Canyon Road, Anaheim, CA • On -Call Design Services, City of Sacramento, CA State College Blvd. Master Plan, Anaheim, CA • On -Call Design Services, City of San Juan Capistrano, CA • On -Call Design Services, City of Santa Ana, CA City cf Newport Beach • On mall Professional Landscape Architecture Services 5 13-84 Staffing List & Resumes (continued) Tamara McClory, LLA Project Landscape Architect RJM Design Group, Inc. Tamara McClory has been a part of RJM Design Group since 2016. She is a licensed landscape architect with an exuberance and perceptiveness for design and construction. Tamara is a member of the District 10 California Parks and Recteation Society and has served on the Program and Awards Committee. Tamara offers key client communication and team coordination skills that contribute to the ongoing success of any project large or small. Licenses • Landscape Architect / CA 6144 Education Bachelor of Science, Landscape Architecture, California Polytechnic State University, Pomona Parks • Grand Avenue Park, Chino Hills, CA • Grant Howald Park, Newport Beach, CA • Pacific Electric Park. Santa Ana, CA • Peace Park, Long Beach, CA • Playa Vista Sports Park, Los Angeles CA Master Plans Edison Park Conceptual Plan, Huntington Beach, CA • El Segundo Recreation Park, El Segundo, CA • George Izay Master Plan, Burbank, CA • Parks and Recreation Master Plan, Cypress, CA • Parks and Recreation Master Plan, San Fernando, CA • Parks and Recreation Master Plan Update, Costa Mesa, CA • SCE Corridor Master Plan, Buena Park, CA Urban Design / Streetscapes • Beach Blvd Median Improvements, Buena Park, CA • Lake Mission Viejo Fast Beach Entry, Mission Viejo, CA On -Call Services • On -Call Plan Check Services, Laguna Niguel, CA • On -Call Plan Check Services, San Dimas, CA • On -Call Plan Check Services. Chino, CA Bob Simons SVA Architects Partner in Charge/Architect of Record Mr. Simons is the President of SVA and will serve as the Partner -in -Charge for this project. He brings ARCHITECTS over 35 years of professional experience. and has a dedicated portfolio of civil and public projects, ncluding City Recreation Centers, Conference Centers, Fire Stations, Senior Centers, Libraries, and Community Focused Facilities. He will oversee the programming, planning, design, and construction administration. Education • Bachelor of Architecture, California Polytechnic State University. San Luis Obispo. San Luis Obispo, CA Licenses • California Architect License C-18301 Relevant Project Experience County of Los Angeles Quartz Hill Library, Quartz Hill. CA The project is a 12,000 SF library on a T 2-acre site This new facility will replace the undersized 3,500 SF facility that currently serves more than 10,000 residents Project is targeting LEED Silver certification La Habra Civic Center La Habra. CA The project relocated the existing civic center to a business complex as it had outgrown its space over the years The two-story office complex was fully converted to a new City Hall which houses administration finance, community development, public works, and engineering, along with a Post Office and an art museum, Orange County Public Works Various Cn-Ca i Projects. Orange County, CA SVA is currently providing services for seven of OCPW s projects, among which are a park shelter replacement, an amphitheater remodel, multiple library modernizations and furniture specifications for all branches, juvenile hall security camera upgrade and the master plan for the Dana Point Harbor revitalization Margarita Recreation Center, Temecula CA The new 8,500 sq ft. single -story will include a multipurpose room, dance/fitness room, classroom, kitchen, separate main and pool offices, restrooms with showers and changing areas family restrooms and storage. It will also include an outdoor 2S- yard pool which will include a zero -depth entry and diving board. San Ysidro Library, San Diego, CA The project involves design and construction of a new single - story library of approximately 1S,000 square feet and the restoration of the existing designated historic home The library building will consist of areas including, Multipurpose Room, Adult/ Young Adult Area, Children's Area, & Staff Support Areas. La Sierra Senior Center Riverside, CA This state -of the -art facility is designed to function as an active senior community clubhouse as well as a facility for various community activities There is a 5,3S0 sq. ft. 'banquet hall with a stage that also features a full kitchen to accommodate the senior nutrition program. b ' Cite of Newport Beach • On -Call Professional Landscape .Architecture Services 13-85 Tom Carcelli Civil Engineer �% civTEC Tom Carcelli has over 25 years of experience in the civil engineering field with particular emphasis on parks and recreation, commercial/industrial, education and public works projects His extensive design and management experience in all phases of civil engineering for land development projects throughout Southern California includes grading, water quality, hydrology, hydraulics, storm drain, water/sewer, survey/mapping and street design. Tom has been in charge as a project manager on over 100 projects from master planning to construction with RJM Design Group over the past 20 years. Education BS, Civil Engineering, University of California, Irvine, 1988 Masters in Architecture, California State Polytechnic University, Pomona, 1994 Licenses Registered Civil Engineer/CA ::81640 Qualified SWPPP Developer (Q5D) - C-81640 Relevant Project Experience CivrE,-- was the Engineer of Record on all projects listed heiov. providing Field Survey and Civil Engineering [Construction Documents including precise grading plans, storm drain. sevver and water plans, erosion control and horizontal control plans. civTEC also provided the required WQMP and Hydrology Hydraulic Reports: Esencia Sports Park. Rancho Mission Viejo. CA Rancho Mission Viejo constructed a master planned thirty acre sports park with both private and public amenities The sports park also offers community aquatic facilities overlooking the park complete with iestrooms, a splash pad, lap pool, open recreation swim, and BBQ and cabana lounge areas. Anthony Munoz Community Center. Ontario CA The City has demolished the existing Community Center at Anthony Munoz Park to construct the new Anthony Munoz Community Center, featuring a larger pool and deck area. The renovation will increase the center's size from 2,S00 square feet to approximately 13,000 square feet Marguerite Aquatic Complex, Mission Viejo, CA The City undertook a total renovation of their Marguerite Aquatic Complex the training center and competiticn home of the Mission Viejo Nadadores The new comp e= provides a S0-meter x 25-yard competition pool with eight 9 foot lanes and a 25-meter by 2S-yards warm-up pool A third pool provides additional 25 yard lanes for warm-up and training. Southern California. Yorba Linda Adventure Play, Yorba Linda, CA The City of Yorba Linda has undertaken a total renovation of their Yorba Linda Adventure Flay The renovatior wat=r featires include a 4vater slide to, er and %et pad fe• - n. Chris Curry GLASIR DESIGN Principal, Irrigation Designer Glasir Design Chris Curry has over 1S years experience in irrigation design, landscape architecture, and landscape construction, His focus is on the efficient use of water in the landscape. He has been rewarded for his efforts by being chosen by the United States Environmental Protection Agency as the WaterSense Irrigation Partner of the year for 2011, He is only the second irrigation design consultant chosen for this award that shows his commitment to the environment through sound water conservation practices. Chris is a leader in the irrigation industry. His expertise is called upon by manufacturers, cities, and water districts. Education Bachelor of Science, Landscape Irrigation Science, California State Polytechnic University, Pomona, CA Parks C,rant Howald Park, Newport Beach. CA Portola Park & Dog Park Lake Forest. CA • Central Park Master Plan Update Rancho Cucamonga, CA Worthy Park Renovaticn Huntington Beacn. CA Los Amigos Park, Rancho Cucamonga, CA Admiral Kidd Seaside Park Field Reno, Long Beach, CA Redhawk Dog Park Improvements. Temecula, CA Sports / Aquatics Facilities Drake Chavez Soccer Field, Long Eeaeh. CA Bonita Creek Field Renovation, Newport Beach. CA Lake Forest Sports Park, Lake Forest. CA Nortn Beach Improvements. Lake Mission Viejo Assoc CA. • Central Park Tennis Compie>: Santa Clarita. CA Fdlmore Aquatics & Tennis Comple% Filimore CA. Santa Clarita Sports & Aquatic -enter Santa Clarita CA On -Call Plan Check Services )n Call Plan Check Services Aliso Viejo. CA On Call Plan Check Services. Chino, CA On,Call Plan Check Services. Laguna Niguel, CA On Call Plan Check Services Missior Viejo CA On -Call Plan Check Services. San Dimas CA Jn Call Plar Check Services Whittier CA Designation US Environm_nta Irr,gahon Par- = atersense ?rr gat on Certifications Irrigation Association (IA) Certified ki igation Designer (.CID) in Commercial Irrigation Design. Golf irrigation Design, and Landscape Irrigation Auditing Memberships Professional Member of the American Soviet,. of Irrigation Consultants - 2C11 Southerr California City cf Newport Beac • '_'n.(_ail Prciess°oval LandSCape ArChiteCture Services 7 13-86 Staffing List & Resumes (continued) Willian-zzavrsnick, FBA ENGINEERING LEED APLLA, ASLA Electrical Engineer FBA Engineering William Zavrsnick has 30 years of experience and has been active in the electrical engineering field since joining FBA in 1985. His experience includes the electrical design of Public Works, Parks and Recreation Facilities. He is particularly experienced in the design and development of electrical power distribution, general, specialized and event power systems, outdoor, security and sports field lighting systems, lighting photometric studies, phased construction projects and fami',ar with public bid type projects and construction. Education • BS Civil Engineering/Mount Hood College, Oregon Certifications LEED Accredited Professional — LEED AP • Illuminating Engineering Society — IES Institute of Electrical and Electronic Engineers - IEEE American institute of Architects - AIA • Electrical Engineering — Los Angeles County Relevant Project Experience • Bommer Canyon Community Park, Irvine, CA • Bonita Creek Field Renovation, Newport Beach, CA • City Park Improvements, Lake Elsinore, CA • Civic Lot Multi -Purpose Sports Field, Santa Monica, CA • El Dorado Park & Nature Center, Long Beach, CA • Esencia Sports Park, Rancho Mission Viejo, CA • Grant Howald Park, Newport Beach, CA • Hero's Park, Lake Forest, CA • Joe Baiderrama Park, Oceanside, CA • Kraemer Memorial Park, Placentia, CA • Laguna Hills City Parks, Laguna Hills. CA • Lake Forest Neighborhood Parks, take Forest, CA • La Placita Parkette, Placentia, CA • Los Amigos Park Santa Monica, CA • Los Serranos Park, Chino Hills. CA • Marchant Park, San Dimas, CA McFadden Park, Placentia, CA Murdy Park, Huntington Beach, CA Portola Park, Lake Forest. CA • Portola Springs Park, Irvine, CA Kanten Russell Project Manager, Senior Designer New Line Skateparks New Line Skateparks ,established 2001) NEWUNE is North Americas Premier Youth Park/ Skatepark Development Firm. With over 3S0 highly recognized projects around the world, we are proud to serve as one of the Nation's longest running and most experienced concrete youth multi -use park design -build teams. Our staff is comprised of registered landscape architects, engineers, planning experts, and construction professionals who are passionate about the work that we do. Education Associate Science, Engineering Survey & CAD Design, Cuyamaca College, San Diego, CA Relevant Projects • USMC Miramar Outdoor & Adventure Park, San Diego. CA Kanten managed design services for the development of a comprehensive outdoor adventure park that includes paintball fields, rock climbing, repelling, skateboarding, BMX racing, park conditioning, shade structures, children playground, concession stands, access roads, parking, solar lighting and drought tolerant landscape concept. The design vision minimizes and controls storm water runoff through the use of porous and natural surfaces and minimal disturbance to the natural terrain and use of composing restroom location. • Amelia Mayberry Skatepark, Whittier, CA The product of public advocacy and planning by the Municipality, this modern, fully integrated and site specific concrete skatepark has already become a celebrated facility for local community and a destination for riders across the region. This skate plaza has a - less is more - open concept with intersecting lanes that address the request from locals to have a variety of ledges and rails. The urban style terrain pays homage to what locals enjoy skating in the streets of Whittier, Completed in 2020, this park is already a destinations for skate-boarding's top professionals and amateurs. Alga Norte Community Park Skate Park. Carlsbad CA Kanten managed designs for the City of Carlsbad's historical Skate Park. This park required a very inclusive community input program, which drive the design to include elements of the existing urban fabric including, a southwestern color palette reflecting the prevalent Spanish style architecture. Additionally, a transition arch with a doorway was inspired by the shapes of Carlsbad's historic aesthetic C,:y of Newport Beach • On -Call Professional Landscape Arc h--ecture Se-, ices 13-87 Nachi Madhavan, AIA Ili Principal, Water Feature Design Jones & Madhavan Jones & Madhavan Architecture Engineering is )ONES & r.IADHAVAN a multi -disciplinary design firm dedicated to t providing the highest quality architecture and engineering services for public aquatic facilities. Since being founded in 1990, JMAE has repeatedly demonstrated its ability to design modern aquatic facilities that meet the ever changing needs of its users. Mr. Madhavan will oversee the design and construction administration. Education Bac` r of Science 1983, California Polytechnic State University, San Luis Obispo, CA Licenses • California, Architect 4C25855 Relevant Project Experience Aigin Sutton Recreation Center, Los Angeles, CA Replacement of an aged community pool with a new splash pad and 25-yard x 120' pool capable of accommodating competitive swimming diving and water polo as well as instructional swimming and recreational swimming, Responsibilities included design of the aquatic components. Crespi Carmelite High School, Encino, CA Construction of a new 50-meter by 25-yard deep water pool capable of accommodating national level competitive swimming and water polo. The facility also included a 65-foot plunge pool for recreation. Responsibilities included design of the aquatic components. I Mandel Aquatic Center at Occidental College, Los Angeles,CA Construction of a new 3S-meter by 25-yard pool capable of accommodating competitive swimming, diving and water polo to NCA.A national standards. The pool included a circular shallow water area for recreational swimming Responsibilities included design of the aquatic components. Harvard Park Aquatic Center, Los Angeles, CA Replacement of an aged community pool with a new 25-yard competition pool and a 2,650SF recreation pool having zero depth entry, interactive features and waterslide. The project also included a 3,900SF bathhouse building. Responsibilities included design of the building and aquatic components. Hemingway Aquatic Center, Carson, CA Construction of a new facility that included a 2S-yard competition pool, 1,800SF activity pool with zero depth entry and a 750SF slide pool with dual flume waterslide. The facility also included a 4.000SF bathhouse building and i.500SF mechanical buiiding. Responsibilities included design of the budding and aquatic components. Repplier Aquatic Center, Banning, CA Replacement of an aged community pool with a new 2S-yard pool having a lap swim area, waterslide landing area and zero depth entry area with interactive water features. The facility also included a 2,400SF restroom budding, 2 60CSF officeimechanical and concessions building. Responsibilities included design of the budding and aquatic components City of Newport Beach - On -Call Professional Landscape Architecture Services 19 Gregory Silver M.SC., PE, GE 44""l 1 President/CEO V IVi u Geotechnical Engineer GMU Geotechnical, Inc. Mr. Silver has over 30 years of progressively responsible engineering and management experience in a wide variety of geotechnical engineering projects. He has worked successfully for and with industrial, residential, and commercial developers, master community planners, and governmental agencies. He has extensive experience in landslide evaluation and remediation design, geotechnical instrumentation, residential and commercial development, public works projects, municipality consultation, mechanically stabilized earth walls, and forensic projects. In addition, he has served as an expert witness in regards to numerous geotechnical issues over the last 25 years. Over the period of 1988 to 1997. Mr. Silver was City Geotechnical Engineer for numerous cities throughout Southern California. Currently, Mr. Silver serves as President and Principal Engineer of GMU. Mr. Silver is a past president of CalGeo - a 100 member firm statewide organization. Education M,S. Civil Engineering - California State University, Long Beach, CA B.A. Geological Sciences - University of California at Santa Barbara, CA Registrations Registered Civil Engineer - State of California Registered Geotechnical Engineer - State of California Registered Civil Engineer - State cf Nevada Professional Affiliations President for the California Geotechnical Engineers Association (CGEA) Relevant Project Experience • Bonita Creek Field Renovation, Newport Beach, CA Dog Park Feasibi€ity and Concept Plans, Mission Viejo, CA Esencia Sports Park, Ranch Mission Viejo, CA Founders Park, Madera Ranch, CA • Grant Howald Park, Newport Beach, CA • Hilltop Club at Esencia, Rancho Mission Viejo • Jurupa Valley Aquatic Center, Riverside County, CA Park Feasibility Studies, Mission Viejo, CA Pavion Park Restroom Addition, Mission Viejo, CA Santa Clarita Sports Complex & Aquatic Center, Santa Clarita, CA Sendero Core Recreation Site, Rancho Mission Viejo, CA • Sendero Field, Rancho Mission Viejo, CA • Tierra Grande Park, Talega, San Clemente, CA 13-88 Qualifications & Advance Notice Requirements RJM Design Group offers landscape architectural and design services, specializing in parks and recreation and other public facilities. At RJM, we are nearing our 3Sth year of professional experience in working with counties, cities, and other public sectors. RJM's mission is to assist communities in the planning and design of environments that enhance the quality of life for all. Our goal is to implement the vision of the clients and the communities we serve by designing creative, functional, and fun Community Inspired Spaces. The key to our stability and success are our many clients with whom we have developed long-term relationships. Throughout the years, we have had the good fortune to be selected as a pre -qualified "On Call" consultant to numerous counties, cities and agencies. These include the cities of Mission Viejo (28 years), Long Beach (2S years), Chino Hills (18 years), Aliso Viejo (1S years), Lake Forest (12 years), Los Angeles Public Works (12 years), Huntington Beach (10 years), San Dimas (10 years), Ontario (9 years), Port of San Diego (9 years), County of Los Angeles (9 years), Newport Beach (6 years), and Whittier (6 years). Through this experience we strive to: • Work closely with our client to develop a clear understanding of project goals • Provide adequate staffing to provide service to clients on a short notice Develop a comprehensive scope and fee summary with the necessary specialty consultants Develop a project schedule that identifies all important project milestones (plan submittals, review periods, public presentations, other agency interactions/review, approvals, etc.) • Exceed your expectations in providing comprehensive and well -coordinated design services QUALITY ASSURANCE The success of RJM Design Group can best be measured by our numerous Ion term relationships with our valued clients. In order to foster these relationships, our goal is to produce a high -quality product in the most effective manner possible by utilizing our proven QA/QC procedures. Our Quality Assurance Program is process -oriented and begins with experienced staff along with our firm's commitment to ongoing education. Our experience is based on hundreds of successful projects and gratified clients. Our staff is encouraged to continually pursue expanding their current knowledge base in order to allow us to be at the forefront of our industry. Continuing education is pursued in the following areas: AIA - American Institute of Architects Arborist Certification ASLA - American Society of Landscape Architects CPSI - Certified Playground Safety Inspector LEED - Sustainable Practices PSMJ - Project Management QSP & QSD - Qualified SWPPP Practitioner and Developer STMA - Sports Turf Managers Association In addition to our well-educated and seasoned professionals's our thorough understanding of the project development process. This allows us to share information with our consultant team and clients so that our projects evolve in a proactive and well -orchestrated manner. Communication among staff, team members and client include the following project parameters: Project Goals - clearly identified. Program Needs - confirmed with the client. Schedule - a project schedule is established at the onset which outlines the process evolution, major milestones, submittal dates, reviews, approvals, bid, construction, project opening, one- year follow up/review. Budget - understanding the budget is critical to a project's success. The project budget is clarified (client staff, consultant fees, entitlement costs, construction costs, etc.) versus construction budget. Construction Estimates - RJM maintains an extensive library of unit costs that are acquired through our numerous public bids, as well as from specialty consultants and independent cost estimators- This allows our preliminary opinion of probable construction costs to accurately reflect the anticipated contractors' bids - Our office environment is an open studio that allows for continual sharing of ideas and collaboration between our experienced principals, project managers, and staff members. We believe that this interaction promotes effective communication that is vitally important to the success of every project. Team meetings are scheduled at regular intervals to ensure that accurate communication on key project aspects is shared and understood. Other methods of project communiation include email, telephone/conference calls, in -person meetings, and video-conferencing, as appropriate. Noteworthy to RJM and unique when compared to other firms, is that the same design team, individual staff members responsible for all preliminary design phases, will continue on and retain responsibility for the preparation of the final construction documents. We believe that this approach allows for a more consistent and accurate method of ensuring that all of those special details discussed in the design phase are carried throughout the final construction document process. This method is fundamental for maintaining quality assurance, limiting change orders, and effectively controlling construction costs. The continual monitoring of project evolution provides the ability to confirm that appropriate progress is being made on an ongoing basis. This review is instrumental in confirming that project goals, program needs, schedules and budgets are as intended and that unforeseen changes. "curve balls", do not occur inappropriately. _ _ ___ 13-90 Qualifications & Advance Notice Requirements (continued) QUALITY CONTROL PLAN Our open office ''bullpen'' setting is especially conducive to regular milestone reviews and monitoring of a project. This review plays a central role in our quality control effort. The importance of plan review, checking, and cross-checking cannot be overemphasized, given the complexity and time constraints under which construction documents are often produced. Our review benchmarks include: • Documents are comprehensively checked at key milestones and regular intervals. • One person checks all important dimensions, gradients and uti}ity infrastructure, • The person responsible for the drawings reviews the specifications, and the specifier reviews the drawings. • Regular consultant team meetings are held to review the documents produced by each for coordination (utility, civil, electrical, etc.) • The Principal Landscape Architect will be ultimately responsible for all work produced under his or her direction. A constant review process is implemented in all phases of the work. The Client is involved in reviewing plans at regular intervals and approving the construction documents before they are issued for bid. Another integral component in our quality control process is the utilization of our "RJM lessons learned checklist." This checklist contains the learning experiences that we have encountered over 34 years of project development. It is a useful tool that allows us to systematically review our work and that of our consultant team to ensure that we are applying the collaborative experience learned to the benefit of our projects. In addition to our in-house quality control efforts, we are also continually teaming and applying the ongoing "lessons learned" from our outside plan check services provided to multiple agencies. This methodical approach to outside projects gives us the unique advantage of reviewing our own plans and specifications with an impartiality that allows for a fresh and unbiased evaluation. COMMUNICATIONS APPROACH An assigned Project Manager from RJM Design Group for the specific project will be the main point of contact with the City for the life of the project. RJM Design group will act as the project lead and main coordinator for all project deliverables. All communications from sub consultants will be conducted through RJM Design Group. 1. Consultants can participate in online virtual meetings via Zoom, Microsoft Teams, or other video conferencing applications. Meetings to be held at regular intervals during the early phases of the project and continue on an as -needed basis thereafter to assess progress and provide direction throughout the performance of the services and preparation of the project deliverables. 2, RJM will prepare all meeting agendas for identified scheduled meetings with the City and provide a summary of key issues with action items (meeting notes) discussed at each meeting. p . , n a _ .. s. rJS rchi ecture j, r ices 13-91 COMMUNITY OUTREACH AND EDUCATION Keeping our community services running faces significant challenges today. Develop your communications plan with easy -to -deploy tools that enable a two-way dialogue with your community. With the following tools at your disposal you can successfully implement your communications plan. Whether you are prioritizing reopening of community facilities or developing new projects these tools will help bring the community together in a safe virtual environment. Public Communications Portal: Develop a single point of connection for your community to weigh in on issues, share feedback, and discover resources with dynamic mapping, infographics, videos, and surveys. Build a controlled dialogue with your community to keep there informed and solicit information necessary for the success of any project. Virtual Town Hall Meetings: Expand your outreach through a series of pre-recorded and live meetings online. Share updates, project news, timelines, and even build consensus with direct live online polling, Virtual town hall meetings are an easy way to keep your community informed through existing social media platforms supplemented with RJM's live broadcast and polling resources. Virtual Facility Tours: Not every site is accessible to the public. To accurately convey a sense of place and truly inform participants of the potential opportunities whether it be a new project site tour, a grand opening, or construction updates. Incorporating 360 videos and photos can bring a new environment to anyone anywhere. Live Online Polling: Today everyone is busy. Community meetings do not often fit in our schedules. Weather it is youth sports, late work schedules, national sports, elections, or even national stay at home directives, LIVE polling enables everyone to take part from their smart phone or PC and share their ideas. Participants can vote LIVE creating a community consensus in real time. Mapping Community Needs: Not just any simple Q&A internet survey. RJM employs specific ESRI survey tools to create in depth surveys where participants can answer questions in new and innovative ways. The results are geolocated and mapped to identify where specific needs are in the community. Infographics are developed to share results back with the community. Our goal is to provide a comprehensive community outreach process that maintains the vision and expectations of those using the park now and in the future. EXHIBIT B SCHEDULE OF BILLING RATES RJM Design Group, Inc. Page B-1 13-93 EXHIBIT B SCHEDULE OF BILLING RATES ON -CALL LANDSCAPE ARCHITECTURE SERVICES Fee Schedule GROUP,RJM DESIGN Principal Landscape Architect $190 - $210 per hour Associate Landscape Architect $170 - $180 per hour Landscape Architect $155 - $165 per hour Job Captain / Landscape Designer $140 - $150 per hour CADD Technician / Graphics $125 - $135 per hour Clerical SVA ARCHITECTS $95 per hour $255 per hour Partners Principals $210 per hour Sr. Project Architect / Manager $195 per hour Sr. Project Designer $195 per hour Project Architect / Manager $175 per hour Project Designer $175 per hour Job Captain $155 per hour Intermediate Technical Designer $125 per hour Junior Technical Designer $10o per hour Administrative Staff $75 per hour $185 per hour Principal Project Manager $150 per hour $125 per hour Project Engineer Project Surveyor $120 per hour Design Engineer $100 per hour Draftperson Project Assistant $75 per hour $60 per hour 2-Man Survey Crew $265 per hour 3-Man Survey Crew $345 per hour VICY-111111910 On -Site Consulting $135 per hour $110 per hour $110 per hour Irrigation Designer Plan Check $210 per hour Principal / Project Director V.P. / Senior Associate $160 per hour Associate / Project Manager $160 per hour $135 per hour Construction Support 13-94 Electrical Designer $110 per hour CAD 1 BIM Designer $90 per hour Technical Typist DESIGN)NEWLINE (PUMP TRACK Principal Director of Operation $50 per hour $180 per hour Project Manager $120 per hour Design Director $120 per hour Design Production • j W IY Principal Architect $100 per hour $190 per hour Principal Mechanical Engineer $190 per hour Architectural Designer $115 per hour Mechanical Designer $115 per hour CAD Draftperson $90 per hour Clerical $60 per hour GMU (GEOTECHNICAL ENGINEERING) 'ANON" Principal 1 Director $280 per hour Associate Engineer or Geologist $255 per hour Senior Engineer or Geologist $235 per hour Project Engineer or Geologist $200 per hour Senior Staff Engineer or Geologist $180 per hour Staff Engineer or Geologist $165 per hour CAD 1 GIS Design Engineer $120 per hour Document Preparation and Project Services $105 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. Rates shall be subject to any CPI increases as stated in the Agreement. 13-95 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 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 13-96 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 endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least RJM Design Group, Inc. Page C-2 13-97 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 20380413. 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. 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- RJM Design Group, Inc. Page C-3 13-98 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 13-99 ATTACHMENT D ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH RDC-S111, INC., DBA STUDIO ONE ELEVEN FOR LANDSCAPE ARCHITECTURE SERVICES THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 14th day of June, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RDC-S111, INC., a California corporation DBA STUDIO ONE ELEVEN ("Consultant"), whose address is 245 East 3rd Street, Long Beach, California 90802, 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 professional landscape architecture and related services ("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 June 13, 2025, 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, 13-100 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 Fifty Thousand Dollars and 001100 ($150,000.00), 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. RDC-S111, Inc. DBA Studio One Eleven Page 2 13-101 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 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 Kirk Keller, ASLA, LEED AP 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. RDC-S111, Inc. DBA Studio One Eleven Page 3 13-102 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. 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (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, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. RDC-S111, Inc. DBA Studio One Eleven Page 4 13-103 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. City acknowledges that construction means and methods, as well as jobsite safety, are the sole responsibility of the Consultant. 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. RDC-S111, Inc. DBA Studio One Eleven Page 5 13-104 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. 16. SUBCONTRACTING 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 its subcontractors. 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 RDC-S111, Inc. DBA Studio One Eleven Page 6 13-105 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 Computer Aided Design and Drafting ("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; or (b) 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, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. 17.4 All improvement and/or construction plans shall be plotted on standard twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30) days after finalization of the Project. 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 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. RDC-S111, Inc. DBA Studio One Eleven Page 7 13-106 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 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. RDC-S111, Inc. DBA Studio One Eleven Page 8 13-107 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") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. 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: 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: Kirk Keller, ASLA, LEED AP RDC-S111, Inc., dba Studio One Eleven 245 East 3rd Street Long Beach, CA 90802 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 RDC-S111, Inc. DBA Studio One Eleven Page 9 13-108 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 five (5) business days, or if more than five (5) business days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within five (5) business 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. PREVAILING WAGES 29.1 If any of the Work contemplated under the Agreement is considered a "public work", pursuant to the applicable provisions of the Labor Code of the State of California, including but not limited to Section 1720 et seq., not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman shall be paid to all workmen employed on such. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Consultant is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. RDC-S111, Inc. DBA Studio One Eleven Page 10 13-109 29.2 In such event, unless otherwise exempt by law, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 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. 30.3 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. 30.4 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. 30.5 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. 30.6 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. 30.7 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. 30.8 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. RDC-S111, Inc. DBA Studio One Eleven Page 11 13-110 30.9 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. 30.10 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. 30.11 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. 30.12 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] RDC-S111, Inc. DBA Studio One Eleven Page 12 13-111 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: tf:, 4 By: Fr) AA ar n C. Harp cA'M0414"n. C t Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONSULTANT: RDC-S111, Inc., a California corporation, DBA Studio One Eleven Date: Bv: Bradley Williams Chief Executive Officer Date- By - Ian Denny Secretary 1 Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements RDC-S111, Inc. DBA Studio One Eleven Page 13 13-112 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, including but not limited to: ■ Prepare conceptual design and architectural renderings; ■ Provide public outreach services (i.e., town hall meetings, HOA meetings, City Council meetings, etc.); ■ Prepare final design level landscape, hardscape and irrigation construction plans, specifications, and estimates. Specifications shall conform to the Standard Specifications for Public Works Construction (Greenbook); ■ Prepare irrigation calculations and studies, ■ Incorporate water and 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. Consultant shall perform the on -call services as described in this Scope of Services. Upon written request from the City Project Administrator, Consultant shall provide a letter proposal for specific services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include, but is not limited to, the following: ■ A detailed description of the Scope of Services to be provided; ■ The position of each person to be assigned to perform the Scope of Services and the name of the individuals to be assigned; and ■ The estimated number of hours and cost to complete the Scope of Services. No services shall be provided until the City Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties as set forth in the approved Letter Proposal. RDC-S111, Inc. DBA Studio One Eleven Page A-1 13-113 studioneleven January 26, 2022 Patrick Arcn ega Senior Civil Engineer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 949-644-3347 parciniega@newportbeachca.g RE: On -Call Professional Services Dear Mr. Arciniega and Members of the Selection Committee, We are pleased to provide Studio One Eleven's qualifications and proposal for On -Call Landscape Architectural Services. i Studio One Eleven is an integrated practice of architecture, landscape architecture, and urban design -- committed to the transformation and revitalization of cities in Southern California for over 20 years. In our response that follows, we will demonstrate our experience in facilitating successful outcomes, working directly in partnership with with city agencies and other municipal organizations to design and document small and large-scale projects. We understand the complexity involved in delivering projects at a municipal level, and have a long history of working with internal and external stakeholders to establish consensus. Studio One Eleven is well positioned to help the City of Newport Beach achieve its goals for their'on-call' protects, Our team has extensive experience transforming existing urban spaces, including renovations, changes -of -use, and expansion in project scale. We are a full -service firm, capable of performing all phases of work, ranging from initial concept design options and renderings to the preparation of construction documents and technical specifications for public bid notice ■ and award. Our technical staff is well versed in coordinating various disciplines and representing our clients during the construction contract administration phase of a protect. We are also a trusted resource for numerous public agencies ,n Southern California for on -call and peer review services.. As recognized leaders In the field of urban design and community engagement, coupled with a nimble and innovative design team, we believe we can be a valuable partner to the City and are capable to provide service on short notice. We would like to thank the City of Newport Beach for the opportunity to submit our qualifications for On -Call Landscape Architectural Services and look forward to further discussions regarding our experience and any upcoming opportunities. Should you have any questions, or need additional information, please do not hesitate to contact me at kirk.keller@ studio- Ill .com, or (562) 247-6206, as an authorized representative of the firm. ■ , Sincerely, Kirk Keiser, ASLA, Associate Principal IN Senior Studio Director, Landscape Architecture Studio One Eleven Contact Information: Studio One Eleven Kirk Keller, ASLA, Assoclat a Principal 245 East Third St t: :000 0. Long Beach, CA 90802e CREATING nwre limble simmir able cry d erWaging cities it imp; - Studio One Eleven Our Methods: Corporate name: RDC-S111 me (dba as Studio One Eleven) We use our tested tools for planning and effective wwwstudio- 111.com community engagement. Services: Pilot projects and temporary demonstrations Architecture Experiential events and pop-up happenings • Urban Design + Planning Custom community engagement tools and Landscape Architecture installations S _y We focus on sustainability and community engagement, Collaborations with innovative consultant partners with a singular focus on the revitalization and repair of • existing cities Partnerships to leverage opportunities with key community stakeholders 20+ Years Measuring and monitoring the impact of our projects in Business to better understand outcomes and how they meet the needs and goals of clients and communities 48 Employees Our Practice Themes: comprised of licensed architects, planners, landscape architects, sustainabilay experts and graphic designers incising for All Up to six employees are available to work on various Budding Community + Place projects at any given time. Renewing the Public Realm • 21st century mobility 150+ Awards Equitable Practice and commendations from numerous professional and Community associations . . .1 y.4 1 1111111111k'- 1.. .1--1 a. *,.. 4 H s Firm Qualifications Studio One Eleven is an integrated practice of architecture, urban design+planning and landscape architecture, with over 20 years of experience working in partnership with Southern California cities. Our firm is known for its innovative, collaborative and sustainable approach to community -oriented design. We believe in the ability of good design to create great urban places that are environmentally responsible, prosperous and equitable. Values We are passionate about using design to create better outcomes for the communities we serve. We believe that architects, urban designers, planners and landscape architects play a crucial role in the making of cities and that we have a responsibility to craft the built environment in ways that support our current and future collective well- being. We find ways to make cities more environmentally responsible, resilient, prosperous and joyful while addressing livability and equity for all residents. Studio One Eleven is committed to meeting our clients' goals while working to define success in a broader framework, addressing what this means not just for our clients, but also the community and its stakeholders. Services The core of our practice is the repair of existing cities and revitalization of communities. No singular typology guides our work. From affordable housing to community planning to streetscape improvements and parks, mixed -use infill developments to small and impactful urban interventions, we work at a variety of scales to provide a variety of services. No matter the size, we view every project as an opportunity to enhance the urban condition. We provide full -service design, technical expertise and peer review on a variety of plans and projects for architecture, urban i design + planning and landscape architecture. i II Firm Contact Information Studio One Eleven 245 East Third Street, Long Beach, California 90802 t 562-901-1500 www.studio-111.com PH Experience As a recognized leader in revitalizing cities in Southern California, our team brings a depth of knowledge in improving communities through placemaking interventions including streetscapes, parks, open space, and architecture. From tactical strategies for urban renovation and mobility infrastructure, to planning for long-term visions, we have assisted cities and communities in a range of initiatives to create healthy and attractive urban places with specific, unique identities. Our previous projects demonstrate this commitment to a sustainable, human - scaled and community oriented approach to architecture, urban design and landscape architecture which has been validated with a variety of award -winning plans and projects that, guided by stakeholder input, have led to successful outcomes for our clients and communities. Quality Control Studio One Eleven has a comprehensive quality assurance/quality control procedure built into our design and documentation process as part of our corporate culture. Our most effective method for making quality assurance happen is to plan for it. Quality isn't "inspected" into each of our projects; it's designed into it. Additionally, we stay current with laws, codes and regulations as an essential part of our everyday best practices and also through continuing education and related seminars for licensure renewals. 5 13-116 studioneteven Scope of Work ON -CALL LANDSCAPE ARCHITECTURE SERVICES Studio One Eleven's approach to landscape architecture aims to restore nature in our cities and improve all communities by giving them a sense of ownership through design interventions that allow the open spaces to be inclusive.,ntergenerational, and multifaceted. As champions of human -centered design, we make sure that our solutions respect and enhance the communities we work with. For this On -Call proposal, we understand that the City of Newport Beach is seeking qualified consultants that can provide landscape architectural services, design thinking and technical expertise on a variety of plans and projects. Our landscape architecture team is fully integrated with the firm's urban designers and architects to offer clients the benefits of comprehensive expertise that draws on policy, design, and implementation at all scales. Studio One Eleven offers full -service design, construction documentation, contract administration, planting and irrigation design, consultant coordination and peer review services. Through our designs, we have created more vibrant and welcoming public spaces have become beloved community destinations for people to live, work, and play. A. Design Services With an emphasis on creating cohesive pedestrian - scaled outdoor spaces, our designs begin by evaluating the context, connectivity, and history of a space to identify project constraints and opportunities for place -making. We work quickly to establish project goals, landscape character, and determine programming of outdoor spaces in collaboration with community partners and city agencies. Studio One Eleven utilizes an array of diagrams, precedent imagery, landscape palettes, 21D and 3D vignettes, and conceptua6 plan options to convey conceptual ideas. Recently we provided the County of Los Angeles and the City of El Monte with conceptual plans and supportive design narratives for the 5-acre MacLaren Community Park. Those exhibits were shared with the neighborhood residents to garner support for the project and submitted to the state for Proposition 68 Park Program funding. Our conceptual plans and renderings for Harvey Milk Park and Equity Plaza in Long Beach paved the way for landscape improvement efforts that transformed the previously underutilized space into a more open and welcoming environment. Additionally, the Long Beach Airport hired Studio One Eleven to conceptualize improvements to the central garden space to create a more pleasurable environment during the COVID-19 pandemic, featuring moveable seating, a flexible outdoor performance area. outdoor art gallery and landscape improvements. Colored conceptual plans, 3D renderings and imagery were used to convey ideas for consideration. B. Public realm visioning and improvement concepts Looping for opportunities to enhance the character and vitality of the public realm is built into our design culture. For example, our visioning work for the City of Bellflower looked beyond a specific facade improvement project to include visioning for a block_ long streetscape enhancement proposal. A series of improvement sketches were reviewed with the City Manager and presented to the Public Works Director. As a result of our efforts, the City was able to apply for and secure Caltrans grant funding to enhance the public realm. Our creative team is adept at conveying concepts in numerous ways. A 'kit of parts' approach allows community members to understand various components that contribute to design by providing a menu that can be expanded or reduced based on feedback. This was particularly successful in developing a vision for the Paramount Boulevard Urban Renovation project for the City of Paramount. We utilize a combination of 3D renderings, before and after simulations, illustrative plans, sketches, sections, and precedent imagery to represent ideas that inform the overall landscape vision. C. Assist staff with community outreach ■ At Studio One Eleven we are experienced in working in Los Angeles and Orange Counties, collaborating with multiple stakeholder groups and the many departments and agencies that make up the planning and development ecosystem of the region. We provide creative community workshops, both in person and via teleconference, with clear graphics and project imagery to include stakeholders in the development and implementation of viable and impactful solutions. The most successful projects for us feature meaningful public engagement and careful analysis of the patterns that shape the fabric of a neighborhood. A D. Prepare preliminary and final landscape design plans, details and specifications We are especially enthusiastic about the opportunity to realize our conceptual designs. Under the leadership of licensed landscape architects, our team brings considerable experience in the execution of a variety of public projects. Our previous projects demonstrate a strong commitment to successfully delivering full -service designs, validated by multiple awards from professional and community associations. Recent and active projects that display a full range of design development and technical documentation include: Western & Gage Park - South Los Angeles; Paramount Boulevard Urban Renovation, Downey Avenue Medians and Citywide Bus Shelter Renovations - Paramount; LGB Airport Expansion —Long Beach; Sherman Way Streetscape - Reseda; Narbonne Vacant Lot Activation - Lomita, and Artsakh Avenue Arts and Entertainment District - Glendale. E. Peer Review for landscape design proposals We believe that design plays a crucial role in creating great places, and we support pohoes that cultivate environmentally responsible, prosperous, and equitable urban places. We are well -positioned to help the City of Newport Beach achieve its goals through involvement in project peer review. Our team draws on years of experience working with form - based codes, Specific Plans, Planning Entitlements and full -service design and documentation for the types of projects that align with the vision for the General Plan and Design Guidelines. Our design review involvement has included commercial, office, multi -family residential, mfxed-use, streetscapes and parks. We are a trusted resource for numerous public agencies, currently providing a combination of architectural, landscape and urban design review services and implementation advice for LA Metro, the cities of Long Beach. Glendale, Paramount, Bellflower and Downey. �7N 1:011 13-118 studioneleven Experience Studio One Eleven has the depth of experience and skilled staff the City of Newport Beach requires to achieve its goals for `on -call' projects. Many of the architectural and landscape architectural roots in the studio were founded upon working with local City governments through incremental improvement projects to revitalize existing communities and streetscapes. We understand that small interventions can provide large impacts to existing public spaces and can address many needs simultaneously such as accessibility, sustainability, safety, aesthetics, as well as the ever -evolving needs for end -users. As champions of human -centered design, we make sure that our solutions respect and enhance the communities we work with. For this On -Call proposal, we understand that Studio One Eleven can provide the City of Newport Beach with landscape architectural services, planning + urban design and technical expertise on a variety of plans and projects. Through our work, we have created more vibrant and welcoming public spaces that have become beloved community destinations for people to live, work, and play. Recently we've worked closely with the City of Glendale as lead design consultant to develop a vision for the Downtown Arts & Entertainment Distnct. Studio One Eleven is providing placemaking, urban design and landscape architecture services. The project includes reclaiming valuable yet underutilized space in the downtown to create a dynamic, vibrant, people -place that supports the City's desire for a world -class district. We have worked closely with City Staff in multiple departments, community stakeholders, and project consultants to realize a clear vision for the streetscape transformation. Developed in tandem with the design, renderings, and programming vision we also lead community outreach culminating in an outdoor workshop with over 250 attendees to put this vision to the test. The feedback and design package ultimately led to unanimous City Council approval. Studio One Eleven is currently working on delivering 100% construction documents, specifications, and cost estimates in preparation for public bid notice. We have also partnered with the City of Paramount to develop a '/a mile streetscape renovation project that was recently awarded an ASLA (American Society of Landscape Architects) — Southern California Honor Award. The project required Studio One Eleven to balance the requirements and standards outlined by the City of Paramount as well as community input. The design process for the project included stakeholder meetings conducted at regular intervals to allow 8 for feedback throughout the design process which included development of a kit of parts approach. Our landscape team delivered all design diagrams, conceptual renderings and landscape architectural drawings, specifications, and cost estimates on the project for a public bid notice and award and conducted construction observation and administration services. We are currently working to deliver City-wide bus shelter upgrades that correspond to those designed by Studio One Eleven for the Paramount Boulevard streetscape renovation project, The bus shelters project is currently in construction. These two projects highlight the importance of outlining clear project objectives and goals at the outset of a project, and understanding the stakeholders and process involved. Documenting these overall targets for a project and confirming stakeholder commitment provides the road map for project delivery, most decisions that follow can be checked against these original objectives for consistency. Studio One Eleven looks forward to the opportunity in partnering with the City of Newport Beach as part of their 'on -call' projects program and demonstrating our capabilities in a collaborative and concise project delivery process. i Landscape Studio Organization Michael Bohn Principal in Charge Kirk Keller* Studio Director Associate Principal 1:011 David Sabunas Moiri Fleming Project Design Director Project Landscape Architect Senior Associate Associate Christian Nunez Job Captain/ Project Manager Shruti Shankar Senior Urban Designer Sofia Assi Senior Designer r Albert Hernandez .� Job Captain/ Project Manager Steven Andrews Job Captain Sara Vandenbroek Designer `Note: Not local staff 9 13-120 studioneleven Communication Method Studio One Eleven takes pride in our longstanding relationships with cities and public agencies. In our work, we utilize a variety of methods and technologies to communicate the progress and process of a given project. Our Senior Studio Directors and/or Project Landscape Architect act as the single point of contact to the City with assistance from project managers and key design staff who are copied on all correspondence. As a result we have found that Studio representatives and City staff become familiar and forge a strong team relatlorship. Throughout the process, we are In regular communication with the City via email and phone to review progress, solicit feedback, coordinate project milestones and ask or answer any questions that may arise. Projects usually begin with an initial on -site meeting to enable the project team and the City staff to meet one another In person, review project requirements and to begin site analysis. We typically ask the City to provide any available GIS data, surveys, as -built drawings or other studies for review prior to the site walk. Immediately following the meeting, we will provide a record of the discussion and any requests in writing for additional information or files needed from the City. During the course of a project we normally rely on Zoom or Microsoft Teams meetings for review of project milestone deliverables, but we are also adept at using Cisco Webex, Uber Conference or GoTo Meetings if preferred. Each meeting Is followed by written meeting minutes and a digital copy of the milestone presentation for City review, comment and record in PDF file format. Our standard Is to use either Adobe Acrobat or BlueBeam Revu for the production of digital presentations and coordination markup files. However, we have also utilized Miro, an interactive online whlteboard that simulates a pin-up wall and allows for direct collaboration between all project team member and City staff. Our graphic work incorporates a variety of media and computer programs. Including photography, hand -drawn sketches, Photoshop, Illustrator, InDeslgn, Sketchup, Enscape and Lumlon to visualize and communicate ideas and to help develop final designs. Our construction documentation uses the latest AutoCAD and LandFX software for drawings, and Microsoft Word for specification writing. Project schedules are generated on Smartsheet which allows for information to be formulated Into Grsd views, Gantt Charts, Card view, or Calendar view as desired. For simpler projects we utilize Microsoft Excel. We are experienced in preparing in -person or teleconference presentations to Planning Commissions, City Councils and City Staff using plans, sections, precedent Images, renderings or animations. Prior to developing the presentation, we coordinate with the City and tailor the materials to their preferred format -- providing PDF and/or Powerpoint files in advance for review and adjustment. During a peer review project or in project plan check we communicate comments and responses through written summaries. PDF graphic files, a Microsoft Excel matrix and online or in - person meetings. M s i 28 N 13-121 Deliverables LANDSCAPE ARCHITECTURE SERVICES Design Services SWOT (Strengths, Weaknesses, Opportunities and Threats), site analysis diagrams and existing context photos with notes Summary of project goals, objectives, and design Criteria Precedent Imagery Kick-off meeting and review meeting(s) at deliverables milestones Conceptual design diagrams, notes and selective imagery 3D visualizations/simulations (utilizing SketchUp models with Lumion, Enscape or Photoshop rendering techniques) with 'before' photo references Illustrative conceptual overall plans and selected design enlargement plans Illustrative sections or axonometric (bird's eye view) drawings Proposed planting palette, building material palette, and site furnishings palette City Council Presentation Final report and Design concept package ■ Public Realm Visioning and Concepts a. Site diagram with a list of project criteria and design components for consideration with imagery Precedent imagery Design plan options and comparative studies 3D visualizations/simulations (utilizing SketchUp models with Lumion, Enscape or Photoshop rendering techniques) with 'before' photo references 3D Animations and 3D models (laser cut, wire or powder printed) Illustrative conceptual overall plans and selected design enlargement plans Illustrative `belore' and 'after' sections Proposed planting palette, building material palette, and site furnishings palette Make presentations or be available at Planning Commission and City Council meetings Final report and Design concept package Community Outreach and Engagement (Bilingual) Meeting notification fliers Project graphics with maps, goals, and project components (opportunities and considerations) with supportive imagery Illustrated plan diagrams Zoom/ digital workshops with online survey (e.g, Workshop 01 - Access the Need, Workshop 02 - Review Findings and Implementation, and Workshop 03 - Final Presentation) followed by summary cu • On -site meetings and community workshops to review design considerations and gathef feedback on options, imagery and needs (Community input collection and final report) Preliminary and Final Landscape Design Plans • CAD drawings - demolition, hardscape, irrigation, planting, site furnishings, sections/elevations, details, material schedules • Bi-Weekly project coordination meetings with City during plan preparation phases • Book speofications in CSI formal • ROM (Rough Order of Magnitude) Costs • Project manual/spec book and bid schedule • Permitting and bidding support (develop matrix with department comments and responses) • Construction Administration -- RFI and submittals review/ response, OAC (Owner/Afchitect/Contractor) meetings • Construction observation (Field Reports at project milestones) Peer Review • Review the architectural and landscape plans for proposed projects at key project phases Identity and prioritize options for improved design and compliance to City's General Plan, Community Design Element and Comprehensive Design Guidelines • Propose design solutions and provide design recommendations with precedent imagery and sketches or diagrams • Provide and summarize graphic exhibits accompanied by a comment matrix that will be shared with the applicant • Meet with city staff and applicant for design review meetings • Continue design review of permit drawings to ensure substantial compliance with the approved design, Note: Deliverables are digital (PDF) unless printed materials are requested or warranted to described design intent (ag, 3D printed models) 29 13-122 studioneleven Team Organizational Chart 30 Key Staff MICHAEL BOHN, AIA Srni,rr Princip,: Design Diruclur California Architecture License: C21695 Educanars • Bachelor of Arrh,lt,"ure, Cum Laurie, Cal Poly State Unive,sity, San Luis Obispo, CA • Ecoie d'Art Atnei,cwn, Founla,nebleaLi. France State Archaeoloylcal Camp with the Sm,ihSonian and British Institutes, toda Zhations Affordable+Workforce Housng Council CNU, AIA, Long Beach Heritage, Southern Latium a AsSoc,al un of Non-Prnht Hous,rq G,uve: 2020 APA Cal,lwn,a arse .... ,J:aar Design Me, I Award ■ per .: tiullechve:2020 SCANPH Beat Ret'aI. - jt.)r/Reuse De•:elopmen!;tf the Year the Roust'2019 AIA Long Beach/south Bay Me, AW4,L7 • 2019 Lo,,g Bead, Hwilaye: Excellence r • Art f, teciure and Ur bar lnnovaton ACE 1'21 2olB NAHB Mulldam•ly Pdla,%Award - Affordaole Housing. 2019 SCDF C ration Award, 201P Much Housing News E=ceile-rice Awards in 'Development 8 Design Affordable' 2018 SCDF • De•,.gr $ Philanthropy Awaid4 Warner Zinnia: '2018 Beautification Award, 2018 Honofabie fvrenlion SCANPH Design AWaF& Ace 121; 2017 Honorable Mention SCANPH Des,tln Awards • Wdlowbiook: 2017 Honorable Munbuo SCANPH Design Awards • EroFiouae Children loday: 2016 LEED Gold, 2016 ■ U.S. Gfeen Building Council Sustairable innovation Awa,d • The Crossings, 1011i Los Angeles Business Journal Arch '.,.... at Des,yn Awartf 104 '.' : 2012 SAGE 55+ Hnus,ng Award t•r n1?.CumoassBluenr,-tE.relle^c, r, Plan rn ng fo, Su5ta.nab fify: 2011 we5I5.4B Urban. Forum Design Award, Mr,ed Use: 2011. CNU Charter Award: 2010. Long Bead• He„ rage Awaro: 2(x)9, AIA Lang Beach/Souih Bay Charts Ar. , T 2008. SCDF Design Awarc • Berl - - 6uld Nugge, A,.a,d of Me, t. ,',ijluct uncle, 10.0m sf • , , , .•res: 2013. Compass Brecon r; . Arf:,r.ri,-•rnt Awa,rt, Stwainahirty Lnrc Beach Senior Artti Cowny:?o14, LASJ Cumnieraal Real Estate Award, Mult,-Fe,•„ly: 2014, NAHB Besl of 50+ Huui; ng Gold Awanl, Best 50+ AIfaloahle Rental Cutrwo,„tv: 7013. SAGE F'rolecI of the Year, 2013, NAHB Pillars nI iodusiry, F,nafr;l, f3e;l Affordable Multi-Farnily Community: 2013, AIA LBIS0. Honor Awaul fur Fx, ellenre -n Dns,go; 2013, MHN Gold Awai it. Best New Development: Senior:; 2013, MI E Puilm-1 or the Yea%Grand Awaid, Alfordahlc;'1013, Grid Nuogel 6rwo Award, Best Senior Housng Cummu­ 7 2012, Besl ❑1 50+ HouS,o(j Awards, Gold W,r ,'ei. • (Bogdan Luny Bein 11 Garden: 2 U14 Enternalional Holt cultural Golu Award of Outa,xr Garden Cmmnet-tin„ i:u Michael Bohn, AIA, is a Senior Pfincipal and Design Director for Studio One Eleven, where he is responsible for architectural, landscape, and urban design, offering 30 years of experience as a licensed architect. His experience in the City of Long Beach includes the Downtown Vision Plan, which serves as the foundation for guiding development around the city's lighl-rail transit during the next 15 years. He also led the master plan for the Long Beach Civic Center revitalization to reconnect City Hall, the Main Library, and Lincoln Park. Presently, Michael is involved in the activation of the Civic Center Plaza located between the new Port of Long Beach and City Half buildings and the design of an interactive educational center for the Port of Long Beach. Other projects Include the concessions at the Long Beach Airport and the historic terminal building renovation and the rehabilitation and adaptive reuse of an office building originally designed by Edward Killingsworth. Michael led the design for the firm's new headquarters in downtown Long Beach which is the catalyst for -The Streets," a six -square -block, $500 million mixed -use development, In the realm of arts and culture, he led a museum and gallery design for the Historical Society of Long Beach, completed maker spaces and gallery for artist community ACE 121, and is working on a downtown University Art Museum for California State University, Long Beach. His housing experience includes affordable, student, and market -rate projects, To date, he is responsible for the completion of almost 2,500 units with another 2,000 under construction or in the planning stages, with approximately 650 units located in downtown Long Beach. His affordable housing experience includes both adaptive reuse and ground -up developments serving seniors, families, artists, and the homeless. City of Long Beach Downtown Vision Plan, Long Beach, CA Long Beach Airport Concessions and Historic Terminal Building Renovation. Long Beach, CA Community 5111 Office at The Streets Redevelopment, Long Beach, CA Senior Arts Colony, Long Beach, CA The Annex, Long Beach, CA Affordable Housing Santa Ana Arts Collective, Santa Aria, CA Zinnia Court, Signal Hill, CA Collage, Long Beach, CA 31 13-124 studioneleven KIRK KELLER, ASLA, CLARB, LEED" AP California Landscape Architecture License: LA 6121 Erdu,. ih-, • Bachelor nl St ir•i , , Landscape Atchileclure with Honors, Cornell Unrve;rs+ly. Ithaca, NY Herrnt-Watt University. Landscape Arrhilecture Ill. Ednntitogh, Scolland Aileh•etrone American Society of Landscape Architects (ASLA) Unde[d States Green Budding Cuuncni, (USGBCI Council of Landscape Architects Rc•cpclratron Board (CLARB) Awards • Paramount Boulevard Urtian Renovation: 2021 ASLA Honor Award Stecicralt Garde- G,ove: 2021 ASLA Me, t A.a•a Sarla Ana Arts Collect,+e 2021 AIA OC Hor01 Award R,se Para. - Overtnoir. Irvine 2024 Grid Grand Awa,;t • The Rons'. Santa Ara. CA 201y AIA iorq BP.aI('/ South Bay Mend Award, 2018 ASLA Merl Award. 2017 SCDF Arc hfeclureAward • ACE 121. Glendale; 2018 Naironad Assacialwrr. of Homehw0wi nMUtilamrly Pillars Award, 2018 SCDF Gtabnn Award EccrFlawsc Children Today, Long Beach: 2018 ASLA Meni Award, 2016 LEED Gold, 2016 U.S. Green BtAd nq Council Sustainable Innovation Long Beach Patktei Program: 2018 ASLA Me, l Award; 201b Inlernalronal Downlown Association, Downtown Achievement Award for Open Space; 2015 Westsude Urhan Forum Design Award for P1101100pen space_, 2015 AIA Lnag Beach/Soulh fiav Desg"l Award;'2014 SCDF Urban Des.yn Award RDC-SHT Inc.Ofhce. 2018 Arc}i,Sw lure MaslerPnze Honorable lalenl,nn, 2017 AIA Lonu i3earhlSn,,lY Bay Award; 2017 USGBC I st Place n HeallF + WPIlre55. 2017 A,ch-Teets Nev.SDaae' Demo Award. Hnnoradle 1,fentor. 2017 SCD1 Arc+,trrlure Awitrd. 2017 _EED Plalinum, 201'r WELL Centitied Lo-u Brach Aaood Cw,ces„on 2[113 Gold Nt.a,;­ -of Me, L Best Comme•oal P•n,ra:- Ur: f 2016 USA coda, voted Bes- Aan. - _ .1013 ".forria l,an-pnrtit nr if.nn Prorer; M IN. Year Lakev,00d YMCA 2015. AIA Lnnr; BeachlS ti::h Bay Dosrgn Awwo Lnro BeacF, Display Gardena},nr}dan Intein4li11r al Horticulhual E=;xxrtior 2C14: Golo Awartt Ouwrx' Garrien Compebrror Vl•.111r 1 Critic 4nd Tcachmy Cal Poly Pomona, Gurrl Speaker and Awards Jump CoFnP_4 University, Ihrrd Yeat Landscape Ar:hilectwe Design SlutLn, leaching Assrslan; • Correll University, Advanced Sae Engineenno. reach,-() Assistant Cornell Urvver,Ity. Public Speakrnrl learhrntl Ass,stanl r� Un,,er,,ty of New York a1 Bullalo. Fir;! Yea, ill A,rr,' r r+ D c n SI d fa h n A• - �t ,' Kirk Keller is the Senior Director of the Landscape Design Studio with focus on sustainable landscape and urban development projects. He brings over 23 years of experience in the design, production and construction of small and large-scale public and private landscapes. Kirk provides a wealth of knowledge on best practices, innovative design and management of projects, from Urban Parklets in Long Beach to Adaptive Re -use developments in Los Angeles. He is well -versed in organizing and leading protect teams in the completion of a given project. His recent work Includes the Long Beach Airport expansion, Glendale Arts and Entertainment District, Paramount Boulevard Streetscape and Urban Renovation, Sherman Way Streetscape Improvements, Santa Ana Arts Collective Housing, Greenspace and building enhancements for the historic Oaks School in Los Angeles, Park Lane Urban Green in Reno. NV, the renovation of the Streets in Long Beach and the Long Beach and Costa Mesa Parklet Pilot Program. All projects are infused with pedestrian oriented and sustainable design strategies to the greatest extent possible. Kirk received a Bachelor of Science in Landscape Architecture with Honors from Cornell University, He has been a LEED' Accredited Professional since 2007 and is a licensed landscape architect in California, Nevada and Texas. Streetscape / Urban De~rgn Paramount Boulevard Streetscape and Urban Renovation, Paramount, CA Broadway Median Traffic Calming, Long Beach, CA Downey Civic Center Master Plan, Downey, CA Sherman Way Streetscape, Reseda, CA Venice Blvd Beautification, Mar Vista, CA Long Beach Parklet Pilot Program, Long Beach, CA Llyan Fierman Walkway, San Pedro. CA The Streets, Long Beach, CA Arisakh Avenue Arts + Entertainment District, Glendale, CA C.on,n,Unit'f Long Beach Airport Expansion and Garden. Long Beach, CA Weingart-Lakewood Family YMCA, Lakewood, CA Ronaid McDonald House, Long Beach, CA St. Francis Homeless Center. Long Beach, CA Ecohouse Chlldren's Play Yard, Long Beach, CA Parks. plazas and Gardem. Western Gage Tot Lot, Los Angeles, CA Harvey Milk Park + Equality Plaza. Long Beach, CA The Urban Green, Reno. NV MOLAR Botanical Garden, Lang Beach, CA Downey Avenue Urban Gardens, Paramount, CA 13-125 ■ ■ ■ DAVID SABUNAS, AIA, ASLA ■ Senior associate e Project DeSiun Dir•: Education As design director, David Sabunas works on landscape and architectural Master of Archdec[we. Univer5+ty dl �_a4lo-,a 6&, eley. Berkeiey, CA project design and planning. He brings with him extensive experience in landscape Bacrefor of Arts. Landscape Arehd<:ch,e. architecture, housing, urban design, retail, and civic development projects. ■ Ur,rrr,:.t­ of CaWow a Be,kelev. Ber,el,ty.::A Currently David is providing landscape architecture on a variety of projects, including Ati,iiahunn Gramercy Housing, MLK+PCH Affordable Housing and Carson Terrace Senior Amw car sncrely0 LandscapeArr:hrrPOr ,Long Housing. Past projects include the Long Beach Airport, Pacific View Mall, and City ■ Beach Urban Design council. Congre,,s inr the New Urbanism. united states G+een B„ ong Center Mall in San Francisco. He also led architectural and urban design teams CovrcJ. Amer can In-.t,lute of Arrh,fi!i working on Long Beach + Anaheim, a mixed use affordable housing development ■ in Long Beach, CA; the San Juan Capistrano Master Plan; and the Downey Civic ■ Awards Center Master Plan. The Roost: 2010 AIA Long $each/Souih Bay M,rnt Award Amon haccomplishments, David wawarded a Commendation from the Cil Among accom p enas y ■ • ACE 121: 20113 Nalronal Association of HumeWa ItJ ,s Multilawily P,Ilats Aw.ud.'201B of West Hollywood for his involvement in the Xeriscape Demonstration Garden in SCY]F Udahun Award 1991 and in 2010 he was awarded the Los Angeles Conservancy President's Award ■ n1h+Linden:'1a12. compass Biuclurni �xr:e!nenLe for renovation of the Bob's Big Boy Broiler. He was also part of the design team for ■ Award. Visionary Planning for Sustainanddy: 2011. Wesisnfe Urban Forum Design Award, Mixed Use: award -winning projects such as Long Beach Senior Arts Colony, The Shops at The 24t1, (-NU Charier Awaid:2010. Luny Beach Alhambra and Lincoln & Rose. Heritage Award; 2009• AIA Long Beach/Suulr Bay ■ Chapter Meut Awaid;'2009. SCDF De5gri Aware • Collage Apartments 2013, Compass Bfueorrni David received a Bachelor of Arts in Landscape Architecture and a Master ■ A&,evement Award.5nstawah,l,ly • Lircoin & Rose: 2009. AIA Long Beall,/South of Architecture from the University of California at Berkeley. He is a licensed architect and landscape architect in California and holds LEED R Green Associate BayCraptei Clahon.2009.ICSC Des+r.,r:u,d ■ Development S,tver Award; 2009. SADI Grand aCcredltatlon Award; 2009. PCBC Gold Nugget Award:'2009. Cabs Bu,Id,ng Assouaton AwarcC 200$, SCDr ■ Desgn Award Landscape • Loru Beach Semor Aris Cotonr- i[f S,S, LAR. ■ camr,e•Cal Real Estate Gold Award. Mr,r. Family 201a. NAHB Besi 50+ Hot;- r„1 Ciol,: Awa in, First + Llnden Streetscape Enhancements, Long Beach, CA of Armory Park, Long Beach, CA ■ Best 50+ Alloroable Rental Cor rrrunny, 7Ut3. SAGE t'roleci o1 the Year; 2013. NAHB Rila­ Bob's Big Boy Broiler, Downey, CA of k,dust,y. F �ahs%Best Afic,daDle Muh, I a, ,i-; Conservation Corps of Long Beach Environmental Education Center, Signal Hill, CA Commu^,tv: 2013. AJA LBISB Ho,,*, Award lu, Urban Design ■ Eacellence,r• Des+un. 2[713. MHrd Gold Awa,,:f, Best New Developmene Seniors. 2013, WE Carson Street Mixed -Use District Master Plan, Carson, CA PIOJ■ Gold t (t;{, the ear, Awara.Best Gold Nugget Grand AWard. Best S*n�nr Hnus�nc Laguna Beach Civic Arts District Master Plan, Laguna Beach, CA ggetG,f onic,aoue Cnmmunirv; 201), Best of 50+ Hnus,ng Awwor , Long Beach Facade Improvement Programs, Long Beach, CA ■ Gnldw-ner,BestAffordaDleRental -Un the Sepulveda Boulevard Enhancement Master Plan, Culver City, CA Boards; 2011, Goid Nuggel Grand Award. Ur, tr•^ &raids.'2010.SAGE Onthe &fard;Aw.vo Community ■ Lakewood YMCA- 2015, AIA Long Beach/Sowli ManazaT Gamhaa Community Theater, Long Beach, CA Bay D@j,(}n AWarrr Lakewood YMCA, Lakewood, CA ■ COIT1mercial ■ Lincoln & Rose, Venice, CA Metro Center, San Diego, CA ■ Malibu Lumber Retail Center, Malibu, CA The Shops at The Alhambra, Alhambra, CA 33 13-126 studioneleven MOIRI FLEMING, ASLA Associatei i Landscape Archiiet.l California Landscape Architecture License: LA 6102� Educdhun aachelors of Sc,en[e Landscaper A,rh.leclore re,ple Um.e,sdy. Phdadelph,A PA AruLahnns • Arrr-r,rar So( rely of Landsrapr- Arrb-tertc {ASLAI A—n ct •, Paramounl Boulevard U,1ran Renrnatior: 2021 ASLA Honor Award 5b_elc+ail Garden Grove: 2021 ASLA Met i Aw;pl Santa Ana Arts Collective: 2021 AIA oC Horwr Award Rise Mark - overlonk, Irvine: 70'?I Gofer Ntimel Grand Award Ecohlouse Ch,lrlrer today. Lnnq Br .wh: J018 ASLA Men1 Award, 2016 LEED Gnld, 2016 US Green Buld,nq C:nuncd Sustainable Innovalarn Long Beach Narklet Program. 20t8 ASLA Meu1 Awato. 20151nter•ial,onar Downtown As;rxiaksti' Devontown Ach,evemeni Award Inn Open Space; 2015 Weststde Urtlan Forum Devtpn Award Ion P4,bba:/open Spate; 2015 AIA Lrneq Beat h/S,x,ih Bav Deng,, Awaw. 2014 SCD1 UrUa, oes,gr Award RDC-Sill In..Offce 201�Arrfntcriuo• 1vlasted'r:re Hnrnrable Mentnm. )01•i AIA Luny Beach/South Bay Award; 2017 USGBC I st Flat" - .� Heallff, + wellness: 2017 Arrhdect< Ncwapaner Dr. cii, Awarrl. Hor-wable MenLnn: 2017 SCDF A•ch tec'we Award: 2017 LEED Plaf nw 2017 WELL cerl-f,ec1 ASLA Student Award of Horn', PA/GE Chap'••• 34 .0 , 1:W Moin Fleming is a Project Landscape Architect and Design Manager at Studio One Eleven and has a wide range of experience in conceptual planning through construction for a variety of landscape architectural projects including parks and urban plazas. She has been responsible for leading design efforts on various landscape studio projects, most recently the Artsakh Avenue in Glendale, Rise Park - Overlook in Irvine, Harvey Milk Park in Long Beach, Paramount Boulevard Urban Revitalization / citywide bus shelter renovations, and the design of a range of public spaces in Los Angeles including The Oaks School greenspace and Sherman Way Streetscape. She is currently leading the design of a permanent parklet program for the City of Glendale. Her experience entails designing spaces that promote pedestrian activity within the public realm, community gathering spaces and connectivity to open space, master - planning, green infrastructure /storm water capture and re -use, and incorporating California adapted and native plants into the design, Currently, she is involved in construction administration for a 2 acre park that includes a Tot -lot, flexible turf space for events, custom shade structures, art, a dog park, and perimeter streetscapes. She also volunteers In the Studio One Eleven urban design studio events such as Go Human which promotes community walkabifity and the use of bicycles for transportation. Moin received a Bachelor's of Science in Landscape Architecture from Temple University While at Temple she had the opportunity to study abroad in Rome, Italy with the Temple Architecture Program. The projects focused on urban design of plaza and parks as well as pedestrian connections to these spaces. She is a registered Landscape Architect in the State of California and has over 12 years of diverse design experience. Parks and Open Space Reno Entertainment District Urban Green and Streetscape, Reno, NV Harvey Milk Park, Long Beach, CA Rise Park Overlook - Irvine, CA Oaks School Greenspace, Los Angeles, CA Streetscape / Urban Design Paramount Boulevard Streetscape, Paramount, CA Artsakh Avenue Urban Design and Placemaking, Glendale, CA Long Beach Parklets, Long Beach, CA City Place Remodel and Streetscape, Long Beach, CA Sherman Way Streetscape Reseda, CA Santee Court Urban Plaza, Los Angeles, CA Shoreline Village Masterpian, Long Beach, CA ■ 13-127 Education Global Certific.,tt_: in Sustainability, University of California, Los Angeles - Extension Master of Urban Design, Washington University, St. Lours, Missouri Bachelor of Architecture, Anna University, Chennai, India Education Bachelor of Science Landscape Architecture California Polytechnic State University, San Luis Obispo SHRUTI SHANKAR, AICP, LEED AP ND Urban Design Manager Shrub Shankar, AICP bangs over eight years of design, planning and sustainability experience to Studio One Eleven in her role as Senior Urban Designer. Her work focuses on urban design solutions to enable desired development outcomes in neighborhoods and communities, by combining data -driven insights, design thinking, community engagement and collaborative city -building practices. Her experience includes a variety of project types, including visioning, planning and design for the development of districts and urban places, and tactical urbanism for placemaking and testing improvements. Shruti led the design efforts on Round 3 of the SCAG Go Human tactical urbanism campaign, assisting six Southern California communities in testing proposed active transportation and placemaking improvements in the public realm. She complements her design expertise with strong research, graphics, writing and communication skills. Urban Design and Planning LAROSAH Affordable Housing and Open Space Joint Development Opportunity Study, LA County Downtown Torrance Revitalization Plan, Torrance, CA Little Tokyo/Arts District Station Joint Development Opportunity Analysis Vermont/Santa Monica Station Joint SOFIA ASSI Senior Designer Development Design Review Glendale Arts and Entertainment District Urban Design and Placemakmg, Glendale, CA The Bloc Mobility Hub, Los Angeles, CA City Place Living Community, Long Beach, CA The Bloc Public Space Study, Los Angeles, CA Sofia is a Senior Landscape Designer at Studio One Eleven with particular focus on sustainable urban environments. In addition, she has experience working on campus masterplans, mixed - used developments, creative office, and adaptive reuse projects. She brings a keen sense of design and formulates ideas to solve complex issues. Sofia is skilled in developing a wide variety of graphic diagrams, sections, elevations, 3D renderings and illustrative plan presentations for public and private clients. Her recent work includes the $2 billion 4th + Central mixed -use project in the Arts District of Los Angeles, the 14-acre mixed -use City Place project in Long Beach, and 1.6 miles of streetscape enhancements for the Oak View neighborhood in Huntington Beach, ■ Urban Design and Planning Artsakh Arts & Entertainment Disbict - Glendale, CA City Place I Mosaic - Long Beach, CA 4th & Central - Los Angeles, CA Mar Vista Beautification - Los Angeles, CA Oakview Streetscape - Huntington Beach, CA Reno Entertainment Distnct - Reno, NV Shoreline Village - Long Beach, CA 35 13-128 EXHIBIT B SCHEDULE OF BILLING RATES ON -CALL LANDSCAPE ARCHITECTURE SERVICES Schedule of Fees: Professional Staff Category Hourly Fee Staff 12/Senior Principal: $240.00 Staff 11/Principal: $230.00 Staff 10/Director: $220.00 Staff 9/Associate Principal: $210.00 Staff 8/Senior Associate: $200.00 Staff 7/Senior Manager: $190.00 Staff 6/Manager: $180.00 Staff 5/Advanced Staff II: $165.00 Staff 4/Advanced Staff I: $150.00 Staff 3/Designer/Drafter III: $135.00 Staff 2/Designer/Drafter II: $120.00 Staff 1/Designer/Drafter I: $95.00 Materials and Supplies: 1. Office and drafting supplies are included in the hourly rate as described in the Schedule of Fees above. 2. Cost of printing, color copies, CAD plotting and reproductions are charged at cost plus 15% from commercial reprographics companies. 3. Outside services i.e., messenger, Federal Express, express mail, etc., are charged at actual cost plus 15%. RDC-S111, Inc. DBA Studio One Eleven Page B-1 13-129 4. Any reimbursable expenses requested by the City subsequent to the completion of the Scope of Work shall be billed on a time and material basis. This includes the cost of professional fees required to process this request. Subonsultants: Actual cost plus 15% Any rate changes or increases shall be incorporated via a formal amendment to this agreement. RDC-S111, Inc. DBA Studio One Eleven Page B-2 13-130 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. RDC-S111, Inc. DBA Studio One Eleven Page C-1 13-131 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. tion. 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 or Workers Compensation, 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, except for Professional Liability and Workers Compensation, 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 RDC-S111, Inc. DBA Studio One Eleven Page C-2 13-132 Agreement. The certificates and 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 copies, with any confidential or proprietary information redacted, 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. RDC-5111, Inc. DBA Studio One Eleven Page C-3 13-133 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. RDC-S111, Inc. DBA Studio One Eleven Page C-4 13-134