HomeMy WebLinkAboutC-8890-1 - On-Call PSA for Landscape Architectural ServicesON -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;
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.
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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]
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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: .7D
By: U
P(
on C. Harp
City Attorney
ATTEST:
Dater
-8412=
..
H
CITY OF NEWPORT BEACH,
a California mu ipal corporation
Date:
By: - L
evin Muld
Mayor
CONSULTANT: Mark Thomas &
Company, Inc., a California corporation
Date:
Signed in Counterpart
By:
Darin Johnson
Associate Principal, Division Manager
[END OF SIGNATURES]
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Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Mark Thomas & Company, Inc. Page 13
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: (p to .:v
By: U�."
P(�Fon C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONSULTANT: Mark Thomas &
Company, Inc., a California corporation
Date: (a / 7 / z n 2 2
By:_ -
Darin Johnso' n%/
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
EXHIBIT A
SCOPE OF SERVICES
Mark Thomas & Company, Inc. Page A-1
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.
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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 delivering 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 complete 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 Srnith, 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 agency 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 City. If you have any questions about our SOO, please contact Erik directly at (916) 403-5716 or via e-mail at esmith@
markthomas.com. Erik can also be reached at our firn-i's office address and n-iain phone number located in the footer of this
letter.
Sincerely,
MARK THOMAS & COMPANY, INC.
Darin Johnson, PE
Principal + Vice President
LOCAL STAFFING 'LIT
TEAM ORGANIZATION
Our team will be led by Erik Smith, PLA as Contract
Manager. Erik has worked directly with the City, designing
the Bayside Drive Improvements. He also leads Out -
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.
�ytiW PART
0
n
C9Gt FO FN�P
CONTRACT MANAGER
Erik Smith, PLA
LANDSCAPE ARCHITECTS
Marty Armstrong, PLA —
Christine Anderson, PLA _
Chris Camarillo, PLA -`
Darin Johnson, PE
.w Key Staff
LANDSCAPE DESIGNERS
Miranda Wood
Janice Heller
Tony Rogers
Brendan Ore
Cathy Nguyen
Jessica Yu
LOCAL STAFFING
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.
Erik Smith
Project Manager + Landscape Architect
Sacramento
Marty Armstrong
Project Manager + Landscape Architect
Irvine
Christine Anderson
Project Manager + Landscape Architect
Sacramento
Chris Camarillo
Project Landscape Architect
Sacramento
Janice Heller
Landscape Designer II
Irvine
Miranda Wood
Landscape Designer II
Oakland
Tony Rogers
Landscape Designer I
Sacramento
Brendan Ore
Landscape Designer I
Sacramento
Cathy Nguyen
Landscape Designer 11
Sacramento
Jessica Yu
Landscape Designer I
Oakland
ADVANCI '\�,410TICE REQUIREMINT"
AF
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 ►neet
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 determine 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
Through 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/QC events that will ensure that governing policies and
standards are maintained.
Providing the most beneficial and cost-effective
solutions
We also see our assignment to be one of providing
innovative and cost-effective project design solutions. We
will bring on the most qualified 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 budgets are being developed, Erik will
work directly with City staff to analyze the status of the task
order, remaining 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,
0
FRIK SMITH, 1
EC�UC ��l Ir_ra
REG'isrR4 IJN
f.
Erik has 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.
F;; PRIFSEP-NATIVE PROJECTS
BAYSIDE DRIVE IMPROVEMENTS, NEWPORT BEACH
Lead 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 rrrultimocial
operations. Key services include bike/pecestrian
improvements, pavement rehabilitation, complete streets/
urban design, Caltrans approval, and permitting.
CHAKEMCO STREET IMPROVEMENTS, SOUTH GATE
Landscape architect responsible for landscape design
services 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.
MENDEZ HISTORIC TRAIL, WESTMINSTER
Landscape architect responsible for landscape 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 lirnits 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.
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.
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 transportation} options, and
create public spaces to encourage visitors in downtown
Madera. Project features include a road diet, impler'Herrtilly
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 branding features.
MARTY f
r -
/ Pi --- I
EDUCATiC1r;
HFGISTRATioN
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.
RFPRESENTATIVF PR0JECTS
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-compliant curb ramps, Class III bicycle
facilities, enhanced crosswalks, shade trees, plantings in the
rrnedians and sidewalks, and vegetated biofiltration areas
for aesthetics and drainage.
FIRESTONE BOULEVARD WIDENING, NORWALK
Landscape architect responsible for landscape design for
this roadway improven-rent project that will widen Firestone
Boulevard to six lanes from Hoxie Avenue to imperial
Highway to accon-trnodate 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 be widened to six lanes as well as maintain on -street
parking, sidewalks, and adding bicycle facilities.
LIMONITE GAP CLOSURE, EASTVALE
Landscape architect responsible for providing landscape
design for a gap closure in the existing Lirnonite Avenue
corridor. The project will include a 2,450-foot 4-1ane
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 00-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.
MILK CENTER ACTIVE TRANSPORTATION
INFRASTRUCTURE IMPROVEMENTS, FRESNO
Landscape architect responsible for providing landscape
design for roadway improvements in the City of Fresno.
Tasks include Class I grails (including DG shoulders and
center striping), sidewalks and ADA improvements, planting
and irrigation facilities, and storm water collection system
and drainage installation
I`4,R� Tl riC) ;rah;
L - - r
,'�' % I �j t--- l I l
RLGI, rRr;I ioH
Christine has 33 years of experience in landscape arcl_Jitecture, 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, cornrnercial 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.
REPRESENTATIVE PRC)1EC I
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 rnultirnodal
operations. Key services include bike/pedestrian
improvements, pavement rehabilitation, complete streets/
urban design, Caltrans approval, and pernYiitting.
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 niain 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 BUllding 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, programnied
lighting, plazas, and event spaces. Project include-cl
conceptual design, placemaking identification, stakeholder
outreach, and grant application preparation.
WEST BROADWAY URBAN VILLAGE, PHASE 1A, SEASIDE
Landscape architect for this infrastructure improvement
project in the heart of Downtown Seaside. Responsibilities
include design of corridor enhancements such as street
trees, pedestrian lighting, and a green 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
at center on the adjacent high school campus, creating
additional access, visibility and parking for Soil Born Farms,
Upgrading access, entry gateways and parking within
Hagan Park, and ultimately connecting local City bike
corriclors with the American River Bike Trail.
REDWOOD DRIVE COMPLETE STREETS MASTER PLAN,
HUMBOLDT COUNTY
Landscape architect. responsible for streetscape design of
Redwood Drive, the historic Highway 101 business route
through the town of Garberville. Mark Thomas is providing
services to develop a conceptual alternatives, preliminary
estirnates, public outreach for the project and support
County during preparation of the environmental document
and preliminary engineering designs.
MARt," J_r rMt,S
EDUCATION
REGiSTRATioN
Chris has 11 years of experience in landscape architecture, urban design, landscape design and master planning. 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.
RIL PPIESP.11ATIVI PROJECTS
CHAKEMCO STREET IMPROVEMENTS, SOUTH GATE
Landscape designer for landscape design services 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 designer 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-compliant curb ramps, Class III bicycle
facilities, enhanced crosswalks, shade trees, plantings in the
medians and sidewalks, and vegetated biofiltration areas
for aesthetics and drainage.
WILLIAM R. MASON REGIONAL PARK (WIMA) ENTRY
DRIVEWAY AND 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
gUality treatment improvements through water capture at
planted median areas.
MENDEZ HISTORIC TRAIL, WESTMINSTER
Landscape designer responsible for assisting with the
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. Additional project improvements include
pedestrian level lighting, correction of deficient driveways,
pavement rehab, asphalt overlay, and curb ramps.
SR 145 (YOSEMITE AVENUE) MASTER PLAN, MADERA
Lead designer on the landscape architecture and urban
design team, and support to the engineering tearn 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 modifications 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.
MARK Tr!ohiAS
UBLI � F N I E N C" E
Since 1927, Mark Thomas R Company, Inc. (Mark Thomas) has provided
professional design services for various public agencies and private
enterprises throughout California. As a California corporation, out -
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 strategically located to support
the communities that we live in. Originating in San Jose (corporate
headquarters), the firm has grown to establish additional offices in
Irvine, Lakewood, Inland Empire, Camel, 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 projects 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 develop 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 necessary 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 anti 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 comr-Ii.rnication and coordination.
t,AAP'I IH0NAA S
EXHIBIT B
SCHEDULE OF BILLING RATES
Mark Thomas & Company, Inc. Page B-1
EXHIBIT B
SCHEDULE OF BILLING RATES
ON -CALL LANDSCAPE ARCHITECTURE SERVICES
Mark Thomas & Company, Inc. Rate Schedule*
HOURLYCHARGE
RATERANGES
Engineering Services
Survey Services
Intern
$52 - $90
Survey Intern
$65 - $112
Technician
$72 - $137
Survey Technician
$85 - $151
Planner 1
$85 - $155
Sr. Survey Technician
$98 - $186
Design Engineer 1
$101 - $144
Surveyor
$118 - $171
Planner II
$111 - $137
Sr. Surveyor
$134 - $198
Sr. Technician
$124 - $180
Lead Survey Technician
$131 - $218
Design Engineer 11
$131 - $169
Project Surveyor
$164 - $216
Project Engineer
$154 - $191
Sr. Project Surveyor
$180 - $238
Sr. Project Engineer
$167 - $227
Survey Manager
$191 - $263
Sr. Technical Engineer
$167 - $227
Sr. Survey Manager
$238 - $311
Project Manager
$200 - $256
Survey Division Manager
$284 - $396
Technical Lead
$200 - $256
**Single Chief
$157 - $216
Sr. Project Manager
$232 - $328
''"Single Instrumentman
$150 - $191
Sr. Technical Lead
$222 - $328
*"Single Chainman
$132 - $187
Engineering Manager
$294 - $378
'"Apprentice
$71 - $176
Practice Area Leader
$294 - $378
**1 Person Field Crew
$157 - $216
Sr. Engineering Manager
$327 - $450
**2 Person Field Crew
$290 - $403
Principal
$422 - $500
**3 Person Field Crew
$361 - $580
Drone Pilot
$220
Construction Management Services
Office Technician
$65 - $108
Project Support/Coordination
Office Engineer
$115 - $216
Project Assistant
$72 - $108
**Asst. Resident Engineer
$164 - $297
Technical Writer
$69 - $115
**Inspector— CM
$164 - $297
Sr. Project Assistant
$101 - $137
RE/Structural Representative
$213 - $360
Project Coordinator
$98 - $144
Project Manager— CM
$213 - $324
Graphic Designer
$105 - $162
Sr. Project Manager— CM
$229 - $360
Sr. Technical Writer
$105 - $176
Area Manager — CM
$321 - $468
Project Accountant
$105 - $162
Division Manager — CM
$294 - $360
Sr. Project Coordinator
$131 - $173
Sr. Graphic Designer
$118 - $198
District Management Services
Sr. Project Accountant
$164 - $223
**Inspector — Apprentice
$69 - $104
Sr. Graphic Manager
$147 - $216
**Inspector
$101 - $140
**Sr. Inspector
$128 - $166
Urban Planning/Landscape Architecture Services
Assistant Sanitary Engineer
$144 - $184
Landscape Intern
$49 - $90
Associate Sanitary Engineer
$160 - $216
Landscape Designer 1
$85 - $115
Sanitary Project Engineer
$160 - $248
Landscape Designer II
$111 - $137
Sr. Sanitary Project Engineer
$203 - $295
Landscape Architect
$115 - $198
Operations Manager
$232 - $328
LAUD Division Manager
$255 - $284
Deputy District Manager
$288 - $353
LAUD Project Manager
$193 - $248
District Manager -Engineer
$321 - $374
Sr. LAUD Project Manager
$229 - $281
Sr. LAUD Division Manager
$268 - $317
Grant Writing Services
Funding Specialist
$158
Special Services
Sr. Funding Specialist
$263
Expert Witness
$440
Strateg1.ic Consulting
$440
Note: Additional. Promotional .Stews Exist within Various Rate
not
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% CPI increase per agreement terms.
**These charge rates are subject to Prevailing Wage laws and Union contract.
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.
Mark Thomas & Company, Inc. Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and 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
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
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
City of Newport Beach
Insurance Compliance
u a x'=
PO Box 100085 - FV
Duluth, GA 30096
August 5, 2022
MARK THOMAS & COMPANY, INC
2833 JUNCTION AVE, SUITE 110
SAN JOSE, CA 92606
Reference Number: FV00000801
This Account has moved from non -compliant to COMPLIANT status and currently in compliance for
certificate of insurance requirements.
As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts
and those of your insurance agent in working with our insurance representatives.
Please call us at (951) 766-2285 if you have any questions.
Sincerely,
City of Newport Beach
Compliant Notice [CA1]