Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-8890-3 - On-Call PSA for Landscape Architectural Services
t � L V ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC. FOR LANDSCAPE ARCHITECTURE SERVICES THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 14th day of June, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RJM DESIGN GROUP, INC., a California corporation ("Consultant"), whose address is 31591 Camino Capistrano, San Juan Capistrano CA 92675 , and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide professional landscape architecture and related services. ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 13, 2025, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall perform the on -call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Fifty Thousand Dollars and 00/100 ($150,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Upon the first annual anniversary of the Effective Date and upon each annual anniversary of the Effective Date thereafter, the billing rates may be adjusted by ------------------- RJM Design Group, Inc. Page 2 an increase not to exceed the percentage change from April of the anniversary year to April of the prior year in the Consumer Price Index ("CPI") of the Los Angeles -Long Beach - Anaheim, CA, Area, All Urban Consumers, All Items, or successor index, as published by the United States Department of Labor, Bureau of Labor Statistics. Contractor shall notify City in writing of any requests for adjustment pursuant to this Section at least thirty (30) days prior to the effective date of such adjustment, and provide an updated schedule of billing rates reflecting the adjustment. Adjusted billing rates shall be approved in writing by City prior to being effective. Notwithstanding the foregoing, no billing rate adjustment pursuant to this Section shall exceed an increase greater than 2.0% over the billing rates then in effect immediately preceding such adjustment. 4.3 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.4 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved in writing in advance by City. 4.5 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Larry P. Ryan, President to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. RJM Design Group, Inc. Page 3 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties"), from and against any RJM Design Group, Inc. Page 4 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, reasonable 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 27k.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 polioies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. RJM Design Group, Inc. Page 5 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. -------------------- RJM Design Group, Inc. Page 6 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 Computer Aided Design and Drafting ("CADD") data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; or (b) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. 17.4 All improvement and/or construction plans shall be plotted on standard twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City digital `As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30) days after finalization of the Project. 18. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance ---------------- RJM Design Group, Inc. Page 7 of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to Consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by RJM Design Group, Inc. Page 8 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 seg., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Larry P. Ryan, President RJM Design Group, Inc. 31591 Camino Capistrano San Juan Capistrano, CA 92675 RJM Design Group, Inc. Page 9 27. CLAIMS 27.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27.2 To the extent that Consultant's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Consultant shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. -------------------------- RJM Design Group, Inc. Page 10 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 applicable statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, in force at the time services are performed. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. RJM Design Group, Inc. Page 11 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 Controllinq Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 30.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] RJM Design Group, Inc. Page 12 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: (91?t 92 By: ron C. Harp City Attorney ATTEST: Date: Ltzo L -- By- g-��l /,"I Leilani I. Brow City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: B Kevin Muldos Mayor --4' CONSULTANT: RJM Design Group, Inc., a California corporation Date: By: Signed in Counterpart Larry P. Ryan Chief Executive Officer Date: 0 Signed in Counterpart Anita Weaver Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements RJM Design Group, Inc. Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: ron C. Harp City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By• Kevin Muldoon Mayor CONSULTANT: RJM Design Group, Inc., a Califo nia corporation Date: 71IGl a--4 10. By: By: v �� Leilani 1. Brown Larry P. Ry n City Clerk Chief Exec ive Date - 1 By: J,40��IA Anita Weaver Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements RJM Design Group, Inc. Page 13 EXHIBIT A SCOPE OF SERVICES RJM Design Group, 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's Project Administrator, Consultant shall provide a letter proposal, in accordance with the terms of the Agreement, for specific services requested by the City. The Letter Proposal shall include, but is not limited to, the following: ■ A detailed description of the Scope of Services to be provided; ■ The position of each person to be assigned to perform the Scope of Services and the name of the individuals to be assigned; and ■ The estimated number of hours and cost to complete the Scope of Services No services shall be provided until the City's Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. Cover Letter 31591 Camino Capistrano San Juan Capistrano, CA 92675 www RJMdesigngroup com (949) 493-2600 (949) 493-2690 January 26, 2022 Patrick Arciniega Senior Civil Engineer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 $4 f1+Lj. A1 Community Inspired Spaces �. DESIGN R M GROUP Re: RFP NO.22-28 On -Call Professional Landscape Architecture Services for the City of Newport Beach Dear Mr. Arciniega: RJM Design Group, Inc, is pleased to submit our proposal for On -Call Professional Landscape Architecture Services for the City of Newport Beach. We are excited about the possibility of being selected for this very important position and continuing to provide our services to the City of Newport Beach and its residents. RJM Design Group is a multi -disciplinary landscape architectural design and planning firm with extensive experience providing On -Call services to numerous municipal clients. We will be responsible for coordinating and managing each of the design disciplines for any given project, monitoring the work schedule, quality assurance and quality control, and adhering to the project schedule and budget. With the challenges cities are facing in this Covid-19 recovery phase, RJM Design Group offers multiple virtual communication tools, for sharing information, soliciting community input, transmitting drawings, and maintaining contact. RJM Design Group is proud to celebrate our 34th year in business. The key to our stability and success is our many clients with whom we have developed long-term relationships. We are committed to continuing our close working relationship with the City of Newport Beach staff to ensure the project development processes run smoothly and efficiently. Please feel free to contact me directly by phone at (949) 493-2600 or email at larryr@rjmdesigngroup.com. Sincerely, RJM Design Group Larry P. Ryan, ASLA Principal City of Newl,))rt ;each - On -Call Professional ! andscape Architecture Services 11 Firm Profile Ir ^ • k {� , . + e}�€'4 �',� � 4 W ' AMIL .ram ., •+ t,-3:,,,,{{ ,F ' e � , r i .i ,4 `' a ,� �, gi' ..1 +�•'+ 45 T �� •'.a'* y'.: y a ► f t` +x _ y'"�' ' a #' � '�,j �a �+'fit •�ay� ;'� • Y.. ���'��� I� '� ti :ire " � # � � '� .' *'`' �'1,' `�: t Gh c' �� �,1 ,�,f ,. � fir, r° '-;� �� •. w . - ' t `� .�" •sue � .t ' . �. •'t . A �„g. � Tti „II - % t -`t a iw «-/• `�f,A_ �a i+ �. t _ �M rj ' 4. •4 3 � ✓�,, _ L a � f i � 't°'� i • � 1 c, r AMy, s �.. � �� ✓may � �� �fo�' � . . GROUP Established in 1987, RJM Design Group has evolved into a multi -disciplinary landscape architectural, planning, and design firm committed to serving the needs of cities, public agencies, and organizations throughout California. RJM is comprised of talented Individuals with varied backgrounds and interests. Among these dynamic professionals are licensed landscape architects, designers, and planners, most of whom are LEED Accredited Professionals, Each person brings a unique, yet complementary experience and passion to the firm, who will be dedicated to the duration of the project as needed. Firm Legal Name RJM Design Group, Inc. Type of Business California Corporation, SBE Number of Years in Business 34 Years (Since 1987) CA Business License Number 12483 Contact Information (949) 493-2600 List of Owners Larry P. Ryan — President, larryr@rjmdesigngroup.com Zachary Mueting — Secretary, zach@rjmdesigngroup.com Principal Contact Larry P. Ryan, larryr@rjmdesigngroup.com Office Location 31591 Camino Capistrano, San Juan Capistrano, CA 92675 Firm Size 15 Personnel Personnel (10) Licensed Landscape Architects, Project Managers (5) Technical Support (4) Administrative Support (3) LEED Accredited Professionals (2) Certified Arborists (2) FAA 107 Drone Pilots w4:. Crystal Cove St- Staffing List & Resumes City ot I;ewport Beach RJM Design Group, Inc. Will Provide: Project Management, Professional Landscape Architectural Services, Overall Project Coordination, & Administration Principal In Charger Larry P. Ryan Backup. Principal In Charge: Zachary Mueting Project Landscape Architects / Project Managers: Craig Sensenbach Tamara McClory Civil Engineering Aquatic Design Electrical civTEC Jones & Madhavan Engineering Tom Carcelli Nachi Madhavan FBA Engineers Bill Zavrsnick Irrigation Design Skatepark / Geotechnical Glasir Design Pump Track Design Engineering Chris Curry Newline Skateparks GMU Kanten Russell Greg Silver Architecture SVA Bob Simon a.l�� m „ v 4-1 Y 1 a } •yam .�_qoh .{ a ¢ �+ 8 k'.�• �+<` � of :« 'S ^ .� a y t ; t �- �F r r r r 5 y► v W,F-- 'irtNi ow Larry P. Ryan, LLA, ASLA Craig Sensenbach PLA, LEED AP Principal -in -Charge, (BD+C), ISA RJM Design Group, Inc. Principal Project Manager Larry Ryan's passion for creating- J RJM Design Group, Inc. meaningful public spaces for people to enjoy led him to co-found RJM Craig Sensenbach joined RJM Design Design Group over 30 years ago. Group, Inc. as a Project Manager in The long-term relationships that he the Fall of 1993. As Project Landscape ;'. develops and maintains with clients, - Architect, his responsibilities include " spans decades. He has worked with both planning and landscape numerous communities throughout California and Nevada, architecture ranging from conceptual planning studies where his project involvement encompasses all phases of development, including the provision of As -Needed Design through schematic design, preliminary graphics, design Services for our municipal clients, development, production scheduling, preparation of construction documents, client/consultant coordination Education • Bachelor of Science, Landscape Architecture, and on -site observation. California Polytechnic State University, Pomona, CA Licenses • Landscape Architect / CA 2S02 / AZ 2S241 / NV 366 Parks • Alicia Park, Mission Viejo, CA • Aurora Park, Mission Viejo, CA • Bonita Creek Park Renovation, Newport Beach, CA • Cedar Grove Park, Tustin, CA • Cesar E. Chavez Park, Long Beach, CA • Citrus Ranch Park, Tustin, CA • College Park, Oxnard, CA • Florence Joyner Olympiad Park, Mission Viejo, CA • Grant Howald Park, Newport Beach, CA • Heritage Park, Tustin, CA • Long Beach Integration Plan, Long Beach, CA • Mariners Park Renovation, Newport Beach, CA • Ontario Town Square, Ontario, CA • Portola Park, Lake Forest, CA • Veterans Memorial Park, Carlsbad, CA Education • Bachelor of Science, Landscape Architecture, California Polytechnic State University, San Luis Obispo, CA • Graphic Design, Laguna College of Art & Design, Laguna Beach, CA • Light Construction & Development Management, University of California, Irvine Extension Program, Irvine, CA Licenses • Landscape Architect / CA 2547 • LEED Accredited Professional • International Society of Arboriculture (ISA) Certified Arbonst / WE-11716A Parks • Bonita Creek Park Renovation, Newport Beach, CA • Chino Hills Community Park, Chino Hills, CA • College Park, Oxnard, CA • Colonel Bill Barber Marine Corps Memorial Park, Irvine, CA • Grant Howald Park, Newport Beach, CA M, P kR N B 1- On-Call Design Services ariners ar enovation, ewport eac , CA • On -Call Design Services, City, County, & Port of San Orange Coast College Baseball Field Renovation, Diego, CA Costa Mesa, CA • On -Call Design Services, City of Aliso Viejo, CA • On -Call Design Services, City of Chino Hills, CA Streetscapes • On -Call Design Services, City of Fresno, CA Anaheim Resort Area, Anaheim, CA • On -Call Design Services, City of Huntington Beach, CA Brookhurst Street Improvements, Anaheim, CA • On -Call Design Services, City of Laguna Niguel, CA Chapman Avenue, Stanton, CA • On -Call Design Services, City of Lake Elsinore, CA Cloverfield Blvd., Santa Monica, CA • On -Call Design Services, City of Lake Forest, CA Con-rmur-city Identity Plan, Chino Hills, CA • On -Call Design Services, City of Long Beach, CA Lemorr Street Landscape Enhancement, Fullerton, CA • On -Call Design Services, City of Los Angeles, CA Lincoln Avenue Beautification, Anaheim, CA • On -Call Design Services, City of Mission Viejo, CA Oran ethorpe Avenue Landscape Renovation, • On -Call Design Services, City of Newport Beach, CA Fullerton CA • On -Call Design Services, City of Ontario, CA Santa Ana Canyon Road, Anaheim, CA • On -Call Design Services, City of Sacramento, CA State College Blvd, Master Plan, Anaheirri, CA • On -Call Design Services, City of San Juan Capistrano, CA • On -Call Design Services, City of Santa Ana, CA City cf hI._--�v,;{->()It h •Ciro -Call Prof--ssional Landscape Architecture 'Se rvic es j 5 Staffing List & Resumes (continued) Tamara McClory, LLA Project Landscape Architect RJM Design Group, Inc. Tamara McClory has been a part of RJM Design Group since 2016. She is a licensed landscape architect with an exuberance and perceptiveness for design and construction, Tamara is a member of the District 10 California Parks and Recreation Society and has served on the Program and Awards Committee. Tamara offers key client communication and team coordination skills that contribute to the ongoing success of any project large or small. Licenses • Landscape Architect / CA 6144 Education • Bachelor of Science, Landscape Architecture, California Polytechnic State University, Pomona Parks • Grand Avenue Park, Chino Hills, CA • Grant Howald Park, Newport Beach, CA • Pacific Electric Park, Santa Ana, CA • Peace Park, Long Beach, CA • Playa Vista Sports Park, Los Angeles, CA Master Plans • Edison Park Conceptual Plan, Huntington Beach, CA • El Segundo Recreation Park, El Segundo, CA • George Izay Master Plan, Burbank, CA • Parks and Recreation Master- Plan, Cypress, CA • Parks and Recreation Master Plan, San Fernando, CA • Parks and Recreation Master Plan Update, Costa Mesa, CA • SCE Corridor Master Plan, Buena Park, CA Urban Design / Streetscapes • Beach Blvd Median Improvements, Buena Park, CA • Lake Mission Viejo East Beach Entry, Mission Viejo, CA On -Call Services • On -Call Plan Check Services, Laguna Niguel, CA • On -Call Plan Check Services, San Dimas, CA • On -Call Plan Check Services, Chino, CA Bob Simons SVA Architects Partner in Charge/Architect of Record Mr. Simons is the President of SVA and will serve as the Partner -in -Charge for this project. He brings ARCHITECTS over 35 years of professional experience, and has a dedicated portfolio of civil and public projects, including City Halls, Recreation Centers, Conference Centers, Fire Stations, Senior Centers, Libraries, and Community -Focused Facilities. He will oversee the programming, planning, design, and construction administration. Education • Bachelor of Architecture, California Polytechnic State University, San Luis Obispo, San Luis Obispo, CA Licenses • California Architect License: C-18301 Relevant Project Experience • County of Los Angeles Quartz Hill Library, Quartz Hill, CA The project is a 12,000 SF library on a 1.2-acre site. This new facility will replace the undersized 3,S00 SF facility that currently serves more than 10,000 residents. Project is targeting LEED Silver 'certification. La Habra Civic Center, La Habra, CA The project relocated the existing civic center to a business complex as it had outgrown its space over the years. The two-story office complex was fully converted to a new City Hall which houses administration, finance, community development, public works, and engineering, along with a Post Office and an art museum. Orange County Public Works Various On -Call Projects, Orange County, CA SVA is currently providing services for seven of OCPW's projects, among which are a park shelter replacement, an amphitheater remodel, multiple library modernizations and furniture specifications for all branches, juvenile hall security camera upgrade and the master plan for the Dana Point Harbor revitalization. • Margarita Recreation Center, Temecula, CA The new 8,500 sq. ft. single -story will include a multipurpose room, dance/fitness room, classroom, kitchen, separate main and pool offices, restrooms with showers and changing areas, family restrooms and storage. It will also include an outdoor 2S- yard pool which will include a zero -depth entry and diving board. • San Ysidro Library, San Diego, CA The project involves design and construction of a new single - story library of approximately 1S,000 square feet and the restoration of the existing designated historic. home. The library building will consist of areas including, Multipurpose Room, Adult/Young Adult Area, Children's Area, & Staff Support Areas. • La Sierra Senior Center, Riverside, CA This state-of-the-art facility is designed to function as an active senior community clubhouse as well as a facility for various community activities. There is a 5,350 sq. ft. banquet hall with a stage that also features a full kitchen to accommodate the senior nutrition program. 6 !, City,% of Newpc;rt Beach • On -Call Professional l_and scalD �'�r�l�itr_,<turc� S-�rvices Torn Carcelli Civil Engineer T"A ?A17M civTEC Tom Carcelli has over 25 years of experience in the civil engineering field with particular emphasis on parks and recreation, commercial/industrial, education and public works projects. His extensive design and management experience in all phases of civil engineering for land development projects throughout Southern California includes grading, water quality, hydrology, hydraulics, storm drain, water/sewer, survey/mapping and street design. Torn has been in charge as a project manager on over 100 projects from master planning to construction with RAM Design Group over the past 20 years. Education • BS, Civil Engineering, University of California, Irvine, 1988 • Masters in Architecture, California State Polytechnic University, Pomona, 1994 Licenses • Registered Civil Engineer/CA #81640 • Qualified SWPPP Developer (QSD) - C-81640 Relevant Project Experience CivTEC was the Engineer of Record on all projects listed below; providing Field Survey and Civil Engineering Construction Documents including precise grading plans, storm drain, sevver and water plans, erosion control and horizontal control plans. civTEC also provided the required WQMP and Hydrology/ Hydraulic Reports: Esencia Sports Park, Rancho Mission Viejo, CA Rancho Mission Viejo constructed a master planned thirty acre sports park with both private and public amenities. The sports park also offers community aquatic facilities overlooking the park complete with restrooms, a splash pad, lap pool, open recreation swim, and BBQ and cabana lounge areas. Anthony Munoz Community Center, Ontario, CA The City has demolished the existing Community Center at Anthony Munoz Park to construct the new Anthony Munoz Community Center, featuring a larger pool and deck area. The renovation will increase the center's size frond 2,500 square feet to approximately 13,000 square feet. Marguerite Aquatic Complex, Mission Viejo, CA Thc, City undertook a total renovation of their Marguerite Aquatic. Complex: the training center and competition home of the Mission Viejo Nadadores. The new complex prc;vides a SO -meter x 25-yard competition pool with eight 9 foot lanes and a 25-meter by 25-yards warm-up pool. A third pool provides additional 25-y'Ard lanes for warm-up and training. Southern California. • Yorba Linda Adventure Play, Yorba Linda, CA I he City of Yorba Linda has undertaken a total renovation of their Yorba Linda Adventure Play. The renovation water features include a water slide tower and :wet' pad for play. Chris Curry GLASIR DESIGN Principal, Irrigation Designer Glasir Design Chris Curry has over 1 S years experience in irrigation design, landscape architecture, and landscape construction. His focus is on the efficient use of water in the landscape. He has been rewarded for his efforts by being chosen by the United States Environmental Protection Agency as the WaterSense Irrigation Partner of the year for 2011. He is only the second irrigation design consultant chosen for this award that shows his commitment to the environment through sound water conservation practices. Chris is a leader in the irrigation industry. His expertise is called upon by manufacturers, cities, and water districts. Education Bachelor of Science, Landscape Irrigation Science, California State Polytechnic University, Pomona, CA Parks • Grant Howald Park, Newport Beach, CA • Portola Park & Dog Park, Lake Forest, CA • Central Park Master Plan Update, Rancho Cucamonga, CA • Worthy Park Renovation, Huntington Beach, CA • Los Amigos Park, Rancho Cucamonga, CA • Admiral Kidd./ Seaside Park Field Reno, Long Beach, CA • Redhawk Dog Park Improvements, Temecula, CA Sports / Aquatics Facilities • Drake Chavez Soccer- Field, Long Beach, CA • Bonita Creek Field Renovation, Newport Beach, CA • Lake Forest Sports Park, Lake Forest, CA • North Beach Improvements, Lake Mission Viejo Assoc, CA • Central Park Tennis Complex; Santa Clarita, CA • Fillmore Aquatics & Tennis Complex, Fillmore; CA • Santa Clarita Sports & Aquatic Center, Santa C:_larita, CA On -Call Plan Check Services • On -Call Plan Check Services, Aliso Viejo, C.A. • On -Call Plan Check Services, Chino, CA • On -Call Plan Check Services, Laguna Niguel, CA • On -Call Plan Check Services, Mission Viejo; CA • On -Call Plan Check Services, San Dirnas, CA • On -Call Plan Check Services: Whittiei, CA. Designation • US Environmental Protection Agen--y !EPA,;VVaterSense Irrigation Partner -- Selected the 2011 EPA WaterSense Irrigation Partner of the year Certifications • Irrigation Association (IA) Certified Irrigation Designer (CID) it-) Commercial Irrigation I_�esign, Golf Irrigation Design, and Landscape Irrigation Auditing Memberships • Professional Member of the American Society of Irrigation Consultants -- 2011 Southern California Ity of l',,Jev,,port Bead h - On -Call Professional Land -cc(— ^.Jch ecti_are c,er-vir_es i Staffing List & Resumes (continued) William Zavrsnick, FBA ENGINEERING LEED APLLA, ASLA Electrical Engineer FBA Engineering William Zavrsnick has 30 years of experience and has been active in the electrical engineering field since joining FBA in 198S. His experience includes the electrical design of Public Works, Parks and Recreation Facilities. He is particularly experienced in the design and development of electrical power distribution, general, specialized and event power systems, outdoor, security and sports field lighting systems, lighting photometric studies, phased construction projects and familiar with public bid type projects and construction. Education • BS Civil Engineering/Mount Hood College, Oregon Certifications • LEED Accredited Professional — LEED AP • Illuminating Engineering Society — IES • Institute of Electrical and Electronic Engineers - IEEE ,American Institute of Architects -- AIA • Electrical Engineering -- Los Angeles County Relevant Project Experience • Bommer Canyon Community Park, Irvine, CA • Bonita Creek Field Renovation, Newport Beach, CA • City Park Improvements, Lake Elsinore, CA • Civic Lot Multi -Purpose Sports Field, Santa Monica, CA • El Dorado Park & Nature Center, Long Beach, CA • Esencia Sports Park, Rancho Mission Viejo, CA • Grant Howald Park, Newport Beach, CA • Hero's Park, Lake Forest, CA • Joe Balderrama Park, Oceanside, CA • Kraemer Memorial Park, Placentia, CA • Laguna Hills City Parks, Laguna Hills, CA • Lake Forest Neighborhood Parks, Lake Forest, CA • La Placita Parkette, Placentia, CA • Los Amigos Park, Santa Monica, CA • Los Serranos Park, Chino Hills, CA • Marchant Park, San Dimas, CA • McFadden Park, Placentia, CA • Murdy Park, Huntington Beach, CA • Portola Park, Lake Forest, CA • Portola Springs Park, Irvine, CA Kanten Russell Project Manager, Senior Designer New Line Skateparks New Line Skateparks (established 2001) bE aia Lii4 is North America's Premier Youth Park/ Skatepark Development Firm. With over 3S0 highly recognized projects around the world, we are proud to serve as one of the Nation's longest running and most experienced concrete youth multi -use park design -build teams. Our staff is comprised of registered landscape architects, engineers, planning experts, and construction professionals who are passionate about the work that we do. Education • Associate Science, Engineering Survey & CAD Design, Cuyamaca College, San Diego, CA Relevant Projects • USMC Miramar Outdoor & Adventure Park, San Diego, CA Kanten managed design services for the development of a comprehensive outdoor adventure park that includes paintball fields, rock climbing, repelling, skateboarding, BMX racing, park conditioning, shade structures, children playground, concession stands, access roads, parking, solar lighting and drought tolerant landscape concept. The design vision minimizes and controls storm water runoff through the use of porous and natural surfaces and minimal disturbance to the natural terrain and use of composing restroom location. Amelia Mayberry Skatepark, Whittier, CA The product of public advocacy and planning by the Municipality, this modern, fully integrated and site specific concrete skatepark has already become a celebrated facility for local community and a destination for riders across the region. This skate plaza has a - less is more - open concept with intersecting lanes that address the request from locals to have a variety of ledges and rails. The urban style terrain pays homage to what locals enjoy skating in the streets of Whittier. Completed in 2020, this park is already a destinations for skate -board 1ng's top professionals and amateurs. Alga Norte Community Park Skate Park, Carlsbad CA Kanten managed designs for the City of Carlsbad's historical Skate Park. This park required a very inclusive community input program, which drive the design to include elements of the existing urban fabric including, a southwestern color palette reflecting the prevalent Spanish style architecture. Additionally, a transition arcs, with a doorway was inspired by the shapes of Carlsbad's historic aesthetic. _itr f r\.Ievvport Beach • On-C-all Professional Landscape Architec_tu ne SerVIC-es Nachi Madhavan, AIA Principal, Water Feature Design Jones & Madhavan Ili Jones & Madhavan Architecture Engineering is IoNEs & MADHAVAN a multi -disciplinary design firm dedicated to providing the highest quality architecture and " `" engineering services for public aquatic facilities. Since being founded in 1990, JMAE has repeatedly demonstrated its ability to design modern aquatic facilities that meet the ever changing needs of its users. Mr. Madhavan will oversee the design and construction administration. Education • Bachelor of Science 1983, California Polytechnic State University, San Luis Obispo, CA Licenses • California, Architect #C2S8S5 Relevant Project Experience • Algin Sutton Recreation Center, Los Angeles, CA Replacement of an aged community pool with a new splash pad and 2S-yard x 120' pool capable of accommodating competitive swimming diving and water polo as well as instructional swimming and recreational swimming. Responsibilities included design of the aquatic components. • Crespi Carmelite High School, Encino, CA Construction of a new SO -meter by 2S-yard deep water pool capable of accommodating national level competitive swimming and water polo. The facility also included a 6S-foot plunge pool for recreation. Responsibilities included design of the aquatic components. • De Mandel Aquatic Center at Occidental College, Los Angeles,CA Construction of a new 35-meter by 25-yard pool capable of accommodating competitive swimming, diving and water polo to NCAA national standards. The pool included a circular shallow water area for recreational swimming. Responsibilities included design of the aquatic components. • I-larvard Park Aquatic Center, Los Angeles, CA Replacement of an aged community pool with a new 25-yard competition pool and a 2,6SOSF recreation pool having zero depth entry, interactive features and waterslide. The project also included a 3,900SF bathhouse building. Responsibilities included design of the building and aquatic components. • Hemingway Aquatic Center, Carson, CA Construction of a new facility that included a 25-yard competition pool, 1,800SF activity pool with zero depth entry and a 750SF ,Slide pool with dual flume waterslide. The facility also included a 4,OOOSF bathhouse building and 1,S00SF mechanical building. Responsibilities included design of the building and aquatic components. Repplier Aquatic Center, Banning, CA Replacement of an aged community pool with a new 25-yard pool having a lap swim area, waterslide landing area and zero depth entry area with interactive water features. The facility also included a 2,400SF restroom building, 2,600SF office/rechanical and concessions building. Responsibilities included design of the budding and aquatic components. Gregory Silver M.SC., PE, GE fist; President/CEO � �'�r Geotechnical Engineer �, �� GMU Geotechnical, Inc. Mr. Silver has over 30 years of progressively responsible engineering and management experience in a wide variety of geotechnical engineering projects. He has worked successfully for and with industrial, residential, and commercial developers, master community planners, and governmental agencies. He has extensive experience in landslide evaluation and remediation design, geotechnical instrumentation, residential and commercial development, public works projects, municipality consultation, mechanically stabilized earth walls, and forensic projects. In addition, he has served as an expert witness in regards to numerous geotechnical issues over the last 25 years. Over the period of 1988 to 1997, Mr. Silver was City Geotechnical Engineer for numerous cities throughout Southern California. Currently, Mr. Silver serves as President and Principal Engineer of GMU. Mr. Silver is a past president of CalGeo - a 100 member firm statewide organization. Education • M.S. Civil Engineering - California State University, Long Beach, CA • B.A. Geological Sciences - University of California at Santa Barbara, CA Registrations • Registered Civil Engineer - State of California • Registered Geotechnical Engineer - State of California • Registered Civil Engineer - State of Nevada Professional Affiliations • President for the California Geotechnical Engineers Association (CGEA) Relevant Project Experience • Bonita Creek Field Renovation, Newport Beach, CA • Dog Park Feasibility and Concept Plans, Mission Viejo, CA • Esencia Sports Park, Ranch Mission Viejo, CA • Founders Park, Ladera Ranch, CA • Grant I-lowald Park, Newport Beach, CA • Hilltop Club at Esencia, Rancho Mission Viejo • Jurupa Valley Aquatic Center, Riverside County, CA • Park Feasibility Studies, Mission Viejo, CA • Pavion Park Restroom Addition, Mission Viejo, CA • Santa Clarita Sports Complex & Aquatic Center, Santa. Clarita, CA • Sendero Core Recreation Site, Rancho Mission Viejo, CA • Sendero Field, Rancho Mission Viejo, CA • Tierra Grande Park, Talega, San Clemente, CA City of Newport Beach • On -Call Professior-ral Landscape Architecture Services 19 Qualifications &Advance Notice Requirements RJM Design Group offers landscape architectural and design services, specializing in parks and recreation and other public facilities. At RJM, we are nearing our 35th year of professional experience in working with counties, cities, and other public sectors. RJM's mission is to assist communities in the planning and design of environments that enhance the quality of life for all. Our goal is to implement the vision of the clients and the communities we serve by designing creative, functional, and fun Community Inspired Spaces. The key to our stability and success are our many clients with whom we have developed long-term relationships. Throughout the years, we have had the good fortune to be selected as a pre -qualified "On Call" consultant to numerous counties, cities and agencies. These include the cities of Mission Viejo (28 years), Long Beach (25 years), Chino Hills (18 years), Aliso Viejo (15 years), Lake Forest (12 years), Los Angeles Public Works (12 years), Huntington Beach (10 years), San Dimas (10 years), Ontario (9 years), Port of San Diego (9 years), County of Los Angeles (9 years), Newport Beach (6 years), and Whittier (6 years). Through this experience we strive to: • Work closely with our client to develop a clear understanding of project goals • Provide adequate staffing to provide service to clients on a short notice • Develop a comprehensive scope and fee summary with the necessary specialty consultants • Develop a project schedule that identifies all important project milestones (plan submittals, review periods, public presentations, other agency interactions/review, approvals, etc.) • Exceed your expectations in providing comprehensive and well -coordinated design services RJM Staff RJM Office QUALITY ASSURANCE The success of RJM Design Group can best be measured by our numerous Ion term relationships with our valued clients. In order to foster these relationships, our goal is to produce a high -quality product in the most effective manner possible by utilizing our proven QA/QC procedures. Our Quality Assurance Program is process -oriented and begins with experienced staff along with our firm's commitment to ongoing education. Our experience is based on hundreds of successful projects and gratified clients. Our staff is encouraged to continually pursue expanding their current knowledge base in order to allow us to be at the forefront of our industry. Continuing education is pursued in the following areas: AIA - American Institute of Architects Arborist Certification ASLA - American Society of Landscape Architects CPSI - Certified Playground Safety Inspector LEED - Sustainable Practices PSMJ - Project Management QSP & QSD - Qualified SWPPP Practitioner and Developer STMA - Sports Turf Managers Association In addition to our well-educated and seasoned professionals is our thorough understanding of the project development process. This allows us to share information with our consultant team and clients so that our projects evolve in a proactive and well -orchestrated manner. Communication arnong staff, team members and client include the following project parameters: Project Goals - clearly identified. Program Needs - confirmed with the client. Schedule - a project schedule is established at the onset which outlines the process evolution, major milestones, submittal dates, reviews, approvals, bid, construction, project opening, one- year follow up/review. Budget - understanding the budgget is critical to a pro*ect's success. The project budget is clarified (client staff, consultant fees, entifilement costs, construction costs, etc.) versus construction budget. Construction Estimates - RJM maintains an extensive library of unit costs that are acquired through our numerous public bids, as well as from specialty consultants and independent cost estimators. This allows our preliminary opinion of probable construction costs to accurately reflect the anticipated contractors' bids. Our office environment is an open studio that allows for continual sharing of ideas and collaboration between our experienced principals, project managers, and staff members. We believe that this interaction promotes effective communication that is vitally important to the success of ever yy project. Tearn meetings are scheduled at regular intervals to ensure that accurate communication on key project aspects is shared and understood. Other methods of project communiation include email, telephone/conference calls, in -person meetings, and video-conferencing, as appropriate. Noteworthy to RJM and unique when compared to other firms, is that the same design team, individual staff members responsible for all preliminary design phases, will continue on and retain responsibility for the preparation of the final construction documents. We believe that this approach allows for a more consistent and accurate method of ensuring that all of those special details discussed in the design phase are carried throughout the final construction document process. This method is fundamental for maintaining quality assurance, limiting change orders, and effectively controlling construction costs. The continual monitoring of project evolution provides the ability to confirm that appropriate progress is being made on an ongoing basis. This review is instrumental in confirming that project goals, program needs, schedules and budgets are as intended and that unforeseen changes, "curve balls", do not occur inappropriately. Ci_ V of N, e vv P o r l B e—,:- Ci )r}_(-a�� F rc i L- csit�rf�lct� �_dI1 JScaPe QI.c'1'!' i tl�' �� �F fV Vic. i 1 r- Qualifications & Advance Notice Requirements (continued) QUALITY CONTROL PLAN Our open office "bullpen" setting is especially conducive to regular milestone reviews and monitoring of a project. This review plays a central role in our quality control effort. The importance of plan review, checking, and cross-checking cannot be overemphasized, given the complexity and time constraints under which construction documents are often produced. Our review benchmarks include - Documents are comprehensively checked at key milestones and regular intervals. • One person checks all important dimensions, gradients and utility infrastructure. • The person responsible for the drawings reviews the specifications, and the specifier reviews the drawings. • Regular consultant team meetings are held to review the documents produced by each for coordination (utility, civil, electrical, etc.) • The Principal Landscape Architect will be ultimately responsible for all work produced under his or her direction. A constant review process is implemented in all phases of the work. The Client is involved in reviewing plans at regular intervals and approving the construction documents before they are issued for bid. Another integral component in our quality control process is the utilization of our "RJM lessons learned checklist." This checklist contains the learning experiences that we have encountered over 34 years of project development. It is a useful tool that allows us to systematically review our work and that of our consultant team to ensure that we are applying the collaborative experience learned to the benefit of our projects. In addition to our in-house quality control efforts, we are also continually learning and applying the ongoing "lessons learned" from our outside plan check services provided to multiple agencies. This methodical approach to outside projects gives us the unique advantage of reviewing our own plans and specifications with an impartiality that allows for a fresh and unbiased evaluation. COMMUNICATIONS APPROACH An assigned Project Manager from RJM Design Group for the specific project will be the main point of contact with the City for the life of the project. RJM Design group will act as the project lead and main coordinator for all project deliverables. All communications from sub consultants will be conducted through RJM Design Group. 1. Consultants can participate in online virtual meetings via Zoom, Microsoft Teams, or other video conferencing applications. Meetings to be held at regular intervals during the early phases of the project and continue on an as -needed basis thereafter to assess progress and provide direction throughout the performance of the services and preparation of the project deliverables. 2. RJM will prepare all meeting agendas for identified scheduled meetings with the City and provide a summary of key issues with action items (meeting notes) discussed at each meeting. J o f�Jew�port Beach • C>n-Call t rofessional L r -ice �p �,r tectu e S v i<< a SC chi r t r COMMUNITY OUTREACH AND EDUCATION Keeping our community services running faces significant challenges today. Develop your communications plan with easy -to -deploy tools that enable a two-way dialogue with your community. With the following tools at your disposal you can successfully implement your communications plan. Whether you are prioritizing reopening of community facilities or developing new projects these tools will help bring the community together in a safe virtual environment. Public Communications Portal: Develop a single point of connection for your community to weigh in on issues, share feedback, and discover resources with dynamic mapping, infographics, videos, and surveys. Build a controlled dialogue with your community to keep them informed and solicit information necessary for the success of any project. Virtual Town Hall Meetings: Expand your outreach through a series of pre-recorded and live meetings online. Share updates, project news, timelines, and even build consensus with direct live online polling. Virtual town hall meetings are an easy way to keep your community informed through existing social media platforms supplemented with RJM's live broadcast and polling resources. Virtual Facility Tours: Not every site is accessible to the public. To accurately convey a sense of place and truly inform participants of the potential opportunities whether it be a new project site tour, a grand opening, or construction updates. Incorporating 360 videos and photos can bring a new environment to anyone anywhere. Live Online Polling: Today everyone is busy. Community meetings do not often fit in our schedules. Weather it is youth sports, late work schedules, national sports, elections, or even national stay at home directives, LIVE polling enables everyone to take part from their smart phone or PC and share their ideas. Participants can vote LIVE creating a community consensus in real time. Mapping Community Needs: Not just any simple Q&A internet survey. RJM employs specific ESRI survey tools to create in depth surveys where participants can answer questions in new and innovative ways. The results are geolocated and mapped to identify where specific needs are in the community. Infographics are developed to share results back. with the community. Our goal is to provide a comprehensive community outreach process that maintains the vision and expectations of those using the park now and in the future. Iwo Landscape Architecture Services 13 EXHIBIT B SCHEDULE OF BILLING RATES RJM Design Group, Inc. Page B-1 EXHIBIT B SCHEDULE OF BILLING RATES ON -CALL LANDSCAPE ARCHITECTURE SERVICES Fee Schedule Partners $255 per hour Principals $21.0 per, hour Sr. Project Architect / Manager $195 per hour Sr. Project Designer $195 per. hour Project Architect / Manager $175 per hour Project Designer $175 per hour Job Captain $155 per hour Intermediate Technical Designer $125 per hour Junior Technical Designer $1.00 per hour Administrative Staff $75 per hour Principal $185 per, hour` Project Managers ; Project Engineer Project Surveyor $120 perar Design Engineer $1,perr DraftPerson +�' . Project Assistant r, 2-Man Survey Crew ax65 e~ 3-Man Survey Crew per fur x ' On -Site Consulting $135 per'hour Irrigation Designer $11.0 ]per hour Plan Check $110 °per hour, Principal / Project Director $210 per hour' V. P. / Senior Associate $1 ap `per hour Associate / Project Manager $'1Dperrhour Construction Support $135 per hour Electrical Designer $11,Q.per hoar, CAD / BIM Designer O,perhaor Technical Typist © sec hour Principal Director of Operation Project Manager Design Director Design Production Principal Architect 4 �6������, CAD Draftperson $9D'perhour Clerical per- hour Principal / Director $280 per hour Associate Engineer or Geologist $255' per hour Senior Engineer or Geologist $235`per hour Project Engineer or Geologist $200 per hour Senior Staff Engineer or Geologist $180 per hour Staff Engineer or Geologist $165 per hour CAD / GIS Design Engineer $120 per hour Document Preparation and Project Services $105 per hour Charges for subconsultant services are billed at cost plus a 15% coordination fee. Billings for all time and materials and contract extension work shall be in accordance with the level of work performed based on the categories listed above. Rates shall be subject to any CPI increases as stated in the Agreement. EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. RJM Design Group, Inc. Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a, primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least RJM Design Group, Inc. Page C-2 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- RJM Design Group, 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. I. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. RJM Design Group, Inc. Page C-4 nNotes n Notes Name: RJM DESIGN GROUP, INC. Account Number: FV00000836 Address: 31591 CAMINO CAPISTRANO, SAN JUAN CAPISTRANO, CA, 92675 Status: Currently in Compliance.