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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. Mark Thomas & Company, Inc. Page 2 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 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 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 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 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 Mark Thomas & Company, Inc. Page 7 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 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 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 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 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 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] �LtFpR� 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. F• a i ` y o- :z i \ � , o- � .➢r+,,�ss , r,...P^-t, f;t7, a'raM`�- ,t✓ + r"� 4 ' ��4+y5'15 .�v�-�a� ,..w; �� ..;�a � �. (,� a r:..f�. -:'u # ,.•. A J .`. Z'' !�E1, ''+i` i t .�•ss 4 MO..; ��� ,. 'f. � + ' ' •. "� � , .. � s.'+..� . 5" ate" ?ri;w Sfi d0+'�r '� �. d' t : 'a4 „'r-,,.,,,„._ � # 4 f yc "s y _ ..r �:- .+T'y4• ` s— -�`,. ,'--r + � �r �•t a-, t ` s°i- Sri z: g,e' a � a i � '�„' WT l 1 ~} • '� p� "x . a r^'. ..�� .'4,+�"fi .« ` -rr ' �a .,fin. `� _ _ `;�.�^'j m . •�3��7 �1 x; .� a ; x � s"""",{sds�%i at r�i' � '�� � �, .s'�u 'F � �r h �. . �*� � -. � ,� t a 'ti '��-�t'i § � � `.� ` - •tiv�`'`�`'i'��t �`'fo-' `i �'�Tb `� � '� .r •1 y ,at i f 47 T.; -All { a u .fit ..,\_y - 4 "^ - i AdShl I iF 'r k, tfe:.�ace 71r 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]