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C-8890-4 - On-Call PSA for Landscape Architectural Services
Q 00 ON -CALL PROFESSIONAL SERVICES AGREEMENT- r. -LR O� WITH RDC-S111, INC., DBA STUDIO ONE ELEVEN FOR LANDSCAPE ARCHITECTURE SERVICES THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 14th day of June, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RDC-S111, INC., a California corporation DBA STUDIO ONE ELEVEN ("Consultant"), whose address is 245 East 3rd Street, Long Beach, California 90802, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide professional landscape architecture and related services ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 13, 2025, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall perform the on -call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 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. RDC-S111, Inc. DBA Studio One Eleven Page 2 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Kirk Keller, ASLA, LEED AP to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. RDC-S111, Inc. DBA Studio One Eleven Page 3 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 and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. RDC-S111, Inc. DBA Studio One Eleven Page 4 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. City acknowledges that construction means and methods, as well as jobsite safety, are the sole responsibility of the Consultant. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. RDC-S111, Inc. DBA Studio One Eleven Page 5 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to City for all acts and omissions of its subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further RDC-S111, Inc. DBA Studio One Eleven Page 6 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. i [,�O] ri I►` IC�a�13��I+�1 Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to Consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. RDC-S111, Inc. DBA Studio One Eleven Page 7 l.119:4411*9101_1N,:Ze7,:I:4VAI.I11:01N11►`I_N_�'1 Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. RDC-S111, Inc. DBA Studio One Eleven Page 8 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 seg., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Kirk Keller, ASLA, LEED AP RDC-S111, Inc., dba Studio One Eleven 245 East 3rd Street Long Beach, CA 90802 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and RDC-S111, Inc. DBA Studio One Eleven Page 9 identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) business days, or if more than five (5) business days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within five (5) business days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. PREVAILING WAGES 29.1 If any of the Work contemplated under the Agreement is considered a "public work", pursuant to the applicable provisions of the Labor Code of the State of California, including but not limited to Section 1720 et seq., not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman shall be paid to all workmen employed on such. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Consultant is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. RDC-S111, Inc. DBA Studio One Eleven Page 10 29.2 In such event, unless otherwise exempt by law, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 30.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. RDC-S111, Inc. DBA Studio One Eleven Page 11 30.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 30.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] RDC-S111, Inc. DBA Studio One Eleven Page 12 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: IVA jai ('P0, > An C. Harp C Attorney ATTEST: q Date: /�-2• CITY OF NEWPORT BEACH, a California muni al corporation Date: B Kevin Muldo Mayor CONSULTANT: RDC-S111, Inc., a California corporation, DBA Studio One Eleven Date: By: Signed in Counterpart Bradley Williams Chief Executive Officer Date: Signed in Counterpart Bw Ian Denny Secretary / Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements RDC-S111, Inc. DBA Studio One Eleven Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: >zr) By: ar n C. Harp CNM0Wa"�. Kevin Muldoon 0 Cit Attorney Mayor ATTEST: Date: on Leilani I. Brown City Clerk CONSULTANT: RDC-S111, Inc., a California corporation, DBA Studio One Eleven Date: i By: Bradley Williams Chief Executive Officer Date: By: i8R-BeftFT Vichael Bohn Senior Principal [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements RDC-S111, Inc. DBA Studio One Eleven Page 13 1:011 studioneleven June 10, 2022 245 east third st. long beach, CA 90802 t 562.628.8000 Raymund Reyes Public Works Department City of Newport Beach 100 Civic Center Drive, Bay D, 2nd Floor Newport Beach, CA 92660 RE: Authorized Signatories Dear Raymund: This letter is to certify that Michael Bohn is an authorized signatory for contracts for RDC-5111, Inc. and Studio One Eleven. If you have any questions or need any further clarification, please do not hesitate to reach out to our office. Sincerely, Studio One Eleven ;W Brad Williams, AIA Chief Executive Officer EXHIBIT A SCOPE OF SERVICES ON -CALL LANDSCAPE ARCHITECTURE SERVICES The following is a list of landscape architecture services that may be required: Landscape architecture services shall include conceptual and final design of landscaping for City capital improvement and maintenance projects, including streetscape, median, parks, open space and other public facilities. Consultant shall have the ability to provide in-house services, or capacity to subconsult, for the following areas, including but not limited to: ■ Prepare conceptual design and architectural renderings; ■ Provide public outreach services (i.e., town hall meetings, HOA meetings, City Council meetings, etc.); ■ Prepare final design level landscape, hardscape and irrigation construction plans, specifications, and estimates. Specifications shall conform to the Standard Specifications for Public Works Construction (Greenbook); ■ Prepare irrigation calculations and studies; ■ Incorporate water and energy savings design measures and value engineering services; ■ Provide bid support; ■ Provide construction support and administration services; ■ Prepare record drawings; and ■ Other landscape architecture -related tasks, as necessary. Consultant shall perform the on -call services as described in this Scope of Services. Upon written request from the City Project Administrator, Consultant shall provide a letter proposal for specific services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include, but is not limited to, the following: ■ A detailed description of the Scope of Services to be provided; ■ The position of each person to be assigned to perform the Scope of Services and the name of the individuals to be assigned; and ■ The estimated number of hours and cost to complete the Scope of Services. No services shall be provided until the City Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties as set forth in the approved Letter Proposal. RDC-S111, Inc. DBA Studio One Eleven Page A-1 studioneleven S January 26, 2022 Patrick Arciniega Senior Civil Engineer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 949-644-3347 parciniega@newportbeachca.g RE: On -Call Professional Services Dear Mr. Arciniega and Members of the Selection Committee, , We are pleased to provide Studio One Eleven's qualifications and proposal for On -Call Landscape Architectural Services. Studio One Eleven is an integrated practice of architecture, landscape architecture, and urban design -- committed to the transformation and revitalization of cities in Southern California for over 20 years. i In our response that follows, we will demonstrate our experience in facilitating successful outcomes, working directly in partnership with with city agencies and other municipal organizations to design and document small and large-scale , projects. We understand the complexity involved in delivering projects at a municipal level, and have a long history of working with internal and external stakeholders to establish consensus. Studio One Eleven is well positioned to help the City of Newport Beach achieve its goals for their'on-call' projects. Our team has extensive experience transforming existing urban spaces, including renovations, changes -of -use, and expansion in project scale. We are a full -service firm, capable of performing all phases of work, ranging from initial concept design options and renderings to the preparation of construction documents and technical specifications for public bid notice r and award. Our technical staff is well versed in coordinating various disciplines and representing our clients during the construction contract administration phase of a project. We are also a trusted resource for numerous public agencies in S Southern California for on -call and peer review services.. As recognized leaders in the field of urban design and community engagement, coupled with a nimble and innovative design team, we believe we can be a valuable partner to the City and are capable to provide service on short notice. i We would like to thank the City of Newport Beach for the opportunity to submit our qualifications for On -Call Landscape Architectural Services and look forward to further discussions regarding our experience and any upcoming opportunities. , Should you have any questions, or need additional information, please do not hesitate to contact me at kirk.keller@ studio-111.com, or (562) 247-6206, as an authorized representative of the firm. ■ Sincerely, Kirk Keller, ASLA, Associate Principal i Senior Studio Director, Landscape Architecture Studio One Eleven 0; C R E AT I N G more &ww simaMe. raid engaOW n-dew Studio One Eleven Our Methods: Corporate name: RDC-S111 inc. (dba as Studio One Eleven) We use our tested tools for planning and effective www.studio-lll.com community engagement: Services: • ArcNtecture • Urban Design + Planning • Landscape Architecture We focus on sustainability and community engagement, with a singular focus on the revitalization and repair of existing cities. 20+ Years in Business 48 Employees comprised of licensed architects, planners, landscape architects, sustainability experts and graphic designers. Up to six employees are available to work on various projects at any given time. 150+ Awards and commendations from numerous professional and community associations. • Pilot projects and temporary demonstrations • Experiential events and pop-up happenings • Custom community engagement tools and installations • Collaborations with innovative consultant partners • Partnerships to leverage opportunities with key community stakeholders • Measuring and monitoring the impact of our projects to better understand outcomes and how they meet the needs and goals of clients and communities Our Practice Themes: • Housing for Alt • Building Community + Place • Renewing the Public Realm • 21st century mobility • Equitable Practice Firm Qualifications Studio One Eleven is an integrated practice of architecture, urban design+planning and landscape architecture, with over 20 years of experience working in partnership with Southern California cities. Our firm is known for its innovative, collaborative and sustainable approach to community -oriented design. We believe in the ability of good design to create great urban places that are environmentally responsible, prosperous and equitable. Values We are passionate about using design to create better outcomes for the communities we serve. We believe that architects, urban designers, planners and landscape architects play a crucial role in the making of cities and that we have a responsibility to craft the built environment in ways that support our current and future collective well- being. We find ways to make cities more environmentally responsible, resilient, prosperous and joyful while addressing livability and equity for all residents. Studio One Eleven is committed to meeting our clients' goals while working to define success in a broader framework, addressing what this means not just for our clients, but also the community and its stakeholders. Services The core of our practice is the repair of existing cities and revitalization of communities. No singular typology guides our work. From affordable housing to community planning to streetscape improvements and parks, mixed -use infill developments to small and impactful urban interventions, we work at a variety of scales to provide a variety of services. No matter the size, we view every project as an opportunity to enhance the urban condition. We provide full -service design, technical expertise and peer review on a variety of plans and projects for architecture, urban design + planning and landscape architecture. Firm Contact Information Studio One Eleven 245 East Third Street, • Long Beach, California 90802 562-901-1500 . www.studio-111.com II Experience As a recognized leader in revitalizing cities in Southern California, our team brings a depth of knowledge in improving communities through placemaking interventions including streetscapes, parks, open space, and architecture. From tactical strategies for urban renovation and mobility infrastructure, to planning for long-term visions, we have assisted cities and communities in a range of initiatives to create healthy and attractive urban places with specific, unique identities. Our previous projects demonstrate this commitment to a sustainable, human - scaled and community oriented approach to architecture, urban design and landscape architecture which has been validated with a variety of award -winning plans and projects that, guided by stakeholder input, have led to successful outcomes for our clients and communities. Quality Control Studio One Eleven has a comprehensive quality assurance/quality control procedure built into our design and documentation process as part of our corporate culture. Our most effective method for making quality assurance happen is to plan for it. Quality isn't "inspected" into each of our projects; it's designed into it. Additionally, we stay current with laws, codes and regulations as an essential part of our everyday best practices and also through continuing education and related seminars for licensure renewals. studioneleven Scope of Work ON -CALL LANDSCAPE ARCHITECTURE SERVICES Studio One Eleven's approach to landscape architecture aims to restore nature in our cities and improve all communities by giving them a sense of ownership through design interventions that allow the open spaces to be inclusive, intergenerational, and multifaceted. As champions of human -centered design, we make sure that our solutions respect and enhance the communities we work with. For this On -Call proposal, we understand that the City of Newport Beach is seeking qualified consultants that can provide landscape architectural services, design thinking and technical expertise on a variety of plans and projects. Our landscape architecture team is fully integrated with the firm's urban designers and architects to offer clients the benefits of comprehensive expertise that draws on policy, design, and implementation at all scales. Studio One Eleven offers full -service design, construction documentation, contract administration, planting and irrigation design, consultant coordination and peer review services. Through our designs, we have created more vibrant and welcoming public spaces have become beloved community destinations for people to live, work, and play. A. Design Services With an emphasis on creating cohesive pedestrian - scaled outdoor spaces, our designs begin by evaluating the context, connectivity, and history of a space to identify project constraints and opportunities for place -making. We work quickly to establish project goals, landscape character, and determine programming of outdoor spaces in collaboration with community partners and city agencies. Studio One Eleven utilizes an array of diagrams, precedent imagery, landscape palettes, 2D and 3D vignettes, and conceptual plan options to convey conceptual ideas. Recently we provided the County of Los Angeles and the City of El Monte with conceptual plans and supportive design narratives for the 5-acre MacLaren Community Park, Those exhibits were shared with the neighborhood residents to garner support for the project and submitted to the state for Proposition 68 Park Program funding, Our conceptual plans and renderings for Harvey Milk Park and Equity Plaza in Long Beach paved the way for landscape improvement efforts that transformed the previously underutilized space into a more open and welcoming environment. Additionally, the Long Beach Airport hired Studio One Eleven to conceptualize improvements to the central garden space to create a more pleasurable environment during the COVID-19 pandemic, featuring moveable seating, a flexible outdoor performance area, outdoor art gallery and landscape improvements. Colored conceptual plans, 3D renderings and imagery were used to convey ideas for consideration. B. Public realm visioning and improvement i concepts Looking for opportunities to enhance the character and vitality of the public realm is built into our design culture. For example, our visioning work for the City of Bellflower looked beyond a specific facade improvement project to include visioning for a block - long streetscape enhancement proposal. A series of improvement sketches were reviewed with the City Manager and presented to the Public Works Director. As a result of our efforts, the City was able to apply for and secure Caltrans grant funding to enhance the public realm. Our creative team is adept at conveying concepts in numerous ways. A `kit of parts' approach allows community members to understand various components that contribute to design by providing a menu that can be expanded or reduced based on feedback. This was particularly successful in developing a vision for the Paramount Boulevard Urban Renovation project for the City of Paramount. We utilize a combination of 3D renderings, before and after simulations, illustrative plans, sketches, sections, and precedent imagery to represent ideas that inform the overall landscape vision. C. Assist staff with community outreach , At Studio One Eleven we are experienced in working in Los Angeles and Orange Counties, collaborating with multiple stakeholder groups and the many departments and agencies that make up the planning and development ecosystem of the region. We provide creative community workshops, both in person and via teleconference, with clear graphics and project imagery to include stakeholders in the development and implementation of viable and impactful solutions. The most successful projects for us feature meaningful public engagement and careful analysis of the patterns that shape the fabric of a neighborhood. t. PH D. Prepare preliminary and final landscape design plans, details and specifications We are especially enthusiastic about the opportunity to realize our conceptual designs, Under the ■ leadership of licensed landscape architects, our team brings considerable experience in the execution of . a variety of public projects. Our previous projects dernonstrate a strong commitment to successfully delivering full -service designs, validated by multiple awards from professional and community associations. Recent and active projects that display a full range of design development and technical documentation include: Western & Gage Park - South Los Angeles; Paramount Boulevard Urban Renovation, Downey Avenue Medians and Citywide Bus Shelter Renovations - Paramount; LGB Airport Expansion —Long Beach; Sherman Way Streetscape . - Reseda; Narbonne Vacant Lot Activation - Lomita, and Artsakh Avenue Arts and Entertainment District - Glendale. E. Peer Review for landscape design proposals We believe that design plays a crucial role in creating great places, and we support policies that . cultivate environmentally responsible, prosperous, and equitable urban places. We are well -positioned to help the City of Newport Beach achieve its goals through involvement in project peer review. Our team draws on years of experience working with form - based codes, Specific Plans, Planning Entitlements and full -service design and documentation for the a types of projects that align with the vision for the General Plan and Design Guidelines. Our design review involvement has included commercial, office, multi -family residential, mixed -use, streetscapes . and parks. We are a trusted resource for numerous public agencies, currently providing a combination of architectural, landscape and urban design review services and implementation advice for LA Metro, S the cities of Long Beach, Glendale, Paramount, Bellflower and Downey. S studioneleven Experience Studio One Eleven has the depth of experience and skilled staff the City of Newport Beach requires to achieve its goals for 'on -call' projects. Many of the architectural and landscape architectural roots in the studio were founded upon working with local City governments through incremental improvement projects to revitalize existing communities and streetscapes. We understand that small interventions can provide large impacts to existing public spaces and can address many needs simultaneously such as accessibility, sustainability, safety, aesthetics, as well as the ever -evolving needs for end -users, As champions of human -centered design, we make sure that our solutions respect and enhance the communities we work with. For this On -Call proposal, we understand that Studio One Eleven can provide the City of Newport Beach with landscape architectural services, planning + urban design and technical expertise on a variety of plans and projects. Through our work, we have created more vibrant and welcoming public spaces that have become beloved community destinations for people to live, work, and play. Recently we've worked closely with the City of Glendale as lead design consultant to develop a vision for the Downtown Arts & Entertainment District. Studio One Eleven is providing placemaking, urban design and landscape architecture services. The project includes reclaiming valuable yet underutilized space in the downtown to create a dynamic, vibrant, people -place that supports the City's desire for a world -class district. We have worked closely with City Staff in multiple departments, community stakeholders, and project consultants to realize a clear vision for the streetscape transformation. Developed in tandem with the design, renderings, and programming vision we also lead community outreach culminating in an outdoor workshop with over 250 attendees to put this vision to the test. The feedback and design package ultimately led to unanimous City Council approval. Studio One Eleven is currently working on delivering 100% construction documents, specifications, and cost estimates in preparation for public bid notice. We have also partnered with the City of Paramount to develop a 1/2 mile streetscape renovation project that was recently awarded an ASLA (American Society of Landscape Architects) — Southern California Honor Award. The project required Studio One Eleven to balance the requirements and standards outlined by the City of Paramount as well as community input. The design process for the project included stakeholder meetings conducted at regular intervals to allow for feedback throughout the design process which included development of a kit of parts approach. Our landscape team delivered all design diagrams, corceptual renderings and landscape architectural drawings, specifications, and cost estimates on the project for a public bid notice and award and conducted construction observation and administration services. We are currently working to deliver City-wide bus shelter upgrades that correspond to those designed by Studio One Eleven for the Paramount Boulevard streetscape renovation project. The bus shelters project is currently in construction. These two projects highlight the importance of outlining clear project objectives and goals at the outset of a project, and understanding the stakeholders and process involved. Documenting these overall targets for a project and confirming stakeholder commitment provides the road map for project delivery, most decisions that follow can be checked against these original objectives for consistency. Studio One Eleven looks forward to the opportunity in partnering with the City of Newport Beach as part of their `on -call' projects program and demonstrating our capabilities in a collaborative and concise project delivery process. 8 Landscape Studio Organization Michael Bohn Principal in Charge David Sabunas Project Design Director Senior Associate C- Christian Nunez Job Captain/ Project Manager Shruti Shankar Senior Urban Designer Sofia Assi Senior Designer VII Kirk Keller* Studio Director Associate Principal Moiri Fleming Project Landscape Architect Associate Albert Hernandez Job Captain/ Project Manager Steven Andrews Job Captain Sara Vandenbroek Designer `Note: Not local staff 0 studioneleven Communication Method ■ Studio One Eleven takes pride in our longstanding relationships with cities and public agencies. In our work, we utilize e a variety of methods and technologies to communicate the progress and process of a given project. Our Senior Studio Directors and/or Project Landscape Architect act as the single point of contact to the City with assistance from project managers and key design staff who are copied on all correspondence. As a result we have found that Studio representatives and City staff become familiar and forge a strong team relationship. Throughout the process, we are a in regular communication with the City via email and phone to review progress, solicit feedback, coordinate project milestones and ask or answer any questions that may arise. Projects usually begin with an initial on -site meeting to S enable the project team and the City staff to meet one another in person, review project requirements and to begin site analysis. We typically ask the City to provide any available GIS data, surveys, as -built drawings or other studies for review prior to the site walk. Immediately following the meeting, we will provide a record of the discussion and any requests in writing for additional information or files needed from the City. During the course of a project we normally rely on Zoom or Microsoft Teams meetings for review of project milestone IN deliverables, but we are also adept at using Cisco Webex, Uber Conference or GoTo Meetings if preferred. Each meeting is followed by written meeting minutes and a digital copy of the milestone presentation for City review, comment and record in PDF file format. Our standard is to use either Adobe Acrobat or BlueBeam Revu for the ■ production of digital presentations and coordination markup files. However, we have also utilized Miro, an interactive online whiteboard that simulates a pin-up wall and allows for direct collaboration between all project team member i and City staff, Our graphic work incorporates a variety of media and computer programs, including photography, hand -drawn sketches, Photoshop, Illustrator, InDesign, Sketchup, Enscape and Lumion to visualize and communicate ideas and to help develop final designs. Our construction documentation uses the latest AutoCAD and LandFX software for ■ drawings, and Microsoft Word for specification writing. Project schedules are generated on Smartsheet which allows for information to be formulated into Grid views, Gantt Charts, Card view, or Calendar view as desired. For simpler , projects we utilize Microsoft Excel. We are experienced in preparing in -person or teleconference presentations to Planning Commissions, City Councils and City Staff using plans, sections, precedent images, renderings or animations. Prior to developing the presentation, , we coordinate with the City and tailor the materials to their preferred format -- providing PDF and/or Powerpoint files in advance for review and adjustment. During a peer review project or in project plan check we communicate comments and responses through written summaries, PDF graphic files, a Microsoft Excel matrix and online or in - person meetings. 28 F7 0 Deliverables LANDSCAPE ARCHITECTURE SERVICES Design Services 7M SWOT (Strengths, Weaknesses, Opportunities and Threats), site analysis diagrams and existing context photos with notes Summary of project goals, objectives, and design Criteria Precedent Imagery Kick-off meeting and review meeting(s) at deliverables milestones Conceptual design diagrams, notes and selective imagery 3D visualizations/simulations (utilizing SketchUp models with Lumion, Enscape or Photoshop rendering techniques) with 'before' photo references Illustrative conceptual overall plans and selected design enlargement plans Illustrative sections or axonometric (bird's eye view) drawings Proposed planting palette, building material palette, and site furnishings palette City Council Presentation Final report and Design concept package ■ Public Realm Visioning and Concepts Site diagram with a list of project criteria and design components for consideration with imagery Precedent imagery Design plan options and comparative studies 3D visualizations/simulations (utilizing SketchUp models with Lumion, Enscape or Photoshop rendering techniques) with 'before' photo references 3D Animations and 3D models (laser cut, wire or powder printed) Illustrative conceptual overall plans and selected design enlargement plans Illustrative 'before' and 'after' sections Proposed planting palette, building material palette, and site furnishings palette Make presentations or be available at Planning Commission and City Council meetings Final report and Design concept package ■ Community Outreach and Engagement (Bilingual) Meeting notification fliers Project graphics with maps, goals, and project components (opportunities and considerations) with supportive imagery Illustrated plan diagrams Zoom/ digital workshops with online survey (e.g. Workshop 01 - Access the Need, Workshop 02 - Review Findings and Implementation, and Workshop 03 - Final Presentation) followed by summary • On -site meetings and community workshops to review design considerations and gather feedback on options, imagery and needs (Community input collection and final report) Preliminary and Final Landscape Design Plans • CAD drawings - demolition, hardscape, irrigation, planting, site furnishings, sections/elevations, details, material schedules • Bi-Weekly project coordination meetings with City during plan preparation phases • Book specifications in CSI format • ROM (Rough Order of Magnitude) Costs • Protect manual/spec book and bid schedule • Permitting and bidding support (develop matrix with department comments and responses) • Construction Administration -- RFI and submittals review/ response, OAC (Owner/Architect/Contractor) meetings • Construction observation (Field Reports at project milestones) Peer Review • Review the architectural and landscape plans for proposed projects at key project phases • Identify and prioritize options for improved design and compliance to City's General Plan, Community Design Element and Comprehensive Design Guidelines • Propose design solutions and provide design recommendations with precedent imagery and sketches or diagrams • Provide and summarize graphic exhibits accompanied by a comment matrix that will be shared with the applicant • Meet with city staff and applicant for design review meetings • Continue design review of permit drawings to ensure substantial compliance with the approved design, Note: Deliverables are digital (PDF) unless printed materials are requested or warranted to described design intent (e.g. 3D printed models) W Principal In Charge Planning & Urban Design Senior Studio Director Project Landscape Architect Studio One Eleven Project Support Staff Project Consultants Design Director 77 Key Staff MICHAEL BOHN, AIA ■ California Architecture License: C21695 ■ ■ Education • Bachelor of Architecture, Cum Laude, Cal Poly State University, San Luis Obispo, CA Ecole cl Art Amencam, Fountamebleau, France State Archaeological Camp with the Smithsonian and British Institutes, India ■ Affibations ULI Affordable+Workforce Housing Council CNU, AIA Long Beach Heritage, Southern California Association of Non -Profit Housing • Awards SteelCraft Garden Grove: 2020 APA Cahforma and Orange County Urban Design Mer t Award • Santa Ana Arts Collective: 2020 SCANPH Best Rehab,htahor/Reuse Development of the Year The Roost: 2019 AIA Long Beach/South Bay Mera Award 2019 Lona Beach Heritage: Excellence n Arch;tecture and Urban Innovation ACE 121: 2018 NAHB Multifamily Pillars Award - Affordable Housing. 2018 SCDF Citation Award, 2018 Multi Housing News Excellence Awards ,n "Development $ Design: Affordable: 2018 SCDF Design $ Philanthropy Awards Winner Zinnia: 2018 Beautification Award. 2018 Honorable Mention SCANPH Design Awards Ace 121; 2017 Honorable Mention SCANPH Design Awards Willowbrook: 2017 Honorable Mention SCANPH Design Awards EcoHouse Children Today: 2016 LEED Gold, 2016 ■ U.S. Green Building Council Sustainable Innovation Award The Crossings: 2015 Los Angeles Business Journal • Architectural Design Award 1044 Maine: 2012 SAGE 55+ Housing Award • 4th+Linden: 2012, Compass Blueprnt Excellence ■ Award, Visionary Planning for Sustamability: 2011, Westside Urban Forum Design Award, Mixed Use: 2011, CNU Charter Award: 2010, Long Beach Heritage Award; 2009, AIA Long Beach/South Bay Chapter Merit Awaid; 2009, SCDF Design Award Berlin Parklet: 2013, Gold Nugget Award of Merit. Best Commercial Project Under 10,000 sf Collage Apartments: 2013, Compass Blueprint . Achievement Award. Sustainabil,ty Lonc Beach Senior Arts Colony: 2014, LABJ s Commercial Real Estate Award MultrFarndy; 2014, s NAHB Best of 50+ Housing Gold Award, Best 50+ Affordable Rental Community; 2013, SAGE Protect of the Year; 2013, NAHB Pillars of Industry, Finalist, Best Affordable Multi -Family Community; 9.013, AIA LBISB Honor Award for Excellence in Design; 2013, MHN Gold Award, Best New Development: Seniors; 2013, MFE Piolect of the Year, Grand Award, Affordable; 2013, Gold Nugget Grand Award, Best Senior Housing Community: 2012. Best of 50+ Housing Awards, Gold Winner, Uingdao Long Beach Garden: 2014, International Hort:cullutal Exposition: 2014. Oingdao, Gold Award of Outdoor Garden Competition iai Michael Bohn, AIA, is a Senior Principal and Design Director for Studio One Eleven, where he is responsible for architectural, landscape, and urban design, offering 30 years of experience as a licensed architect. His experience in the City of Long Beach includes the Downtown Vision Plan, which serves as the foundation for guiding development around the city's light -rail transit during the next 15 years. He also led the master plan for the Long Beach Civic Center revitalization to reconnect City Hall, the Main Library, and Lincoln Park. Presently, Michael is involved in the activation of the Civic Center Plaza located between the new Port of Long Beach and City Hall buildings and the design of an interactive educational center for the Port of Long Beach. Other projects include the concessions at the Long Beach Airport and the historic terminal building renovation and the rehabilitation and adaptive reuse of an office building originally designed by Edward Killingsworth. Michael led the design for the firm's new headquarters in downtown Long Beach which is the catalyst for "The Streets" a six -square -block, $500 million mixed -use development. In the realm of arts and culture, he led a museum and gallery design for the Historical Society of Long Beach, completed maker spaces and gallery for artist community ACE 121, and is working on a downtown University Art Museum for California State University, Long Beach. His housing experience includes affordable, student, and market -rate projects. To date, he is responsible for the completion of almost 2,500 units with another 2,000 under construction or in the planning stages, with approximately 650 units located in downtown Long Beach. His affordable housing experience includes both adaptive reuse and ground -up developments serving seniors, families, artists, and the homeless. City of Long Beach Downtown Vision Plan, Long Beach, CA Long Beach Airport Concessions and Historic Terminal Building Renovation, Long Beach, CA Community S111 Office at The Streets Redevelopment, Long Beach, CA Senior Arts Colony, Long Beach, CA The Annex, Long Beach, CA Affordable Housing Santa Ana Arts Collective, Santa Ana, CA Zinnia Court, Signal Hill, CA Collage, Long Beach, CA 31 studioneleven KIRK KELLER, ASLA, CLAR6, LEEDO AP �..Na :senior Studio Director, Landscape Architecture Rom, California Landscape Architecture License: LA 6121 Education Kirk Keller is the Senior Director of the Landscape Design Studio with focus on Bachelor of Science, Landscape Architecture with sustainable landscape and urban development projects. He brings over 23 years a Honors, Cornell University, Ithaca, NY • Henot-watt University. Landscape Architecture nl, of experience in the design, production and construction of small and large-scale Edinburgh. Scotland public and private landscapes. Kirk provides a wealth of knowledge on best practices, Affiliations innovative design and management of projects, from Urban Parklets in Long Beach to American Society of Landscape Architects (ASLA) Adaptive Re -use developments in Los Angeles. He is well -versed in organizing and United States Green Building Council, (USGBC) Architects leading project teams in the completion of a given project. Council of Landscape Registration Board (CLAR6) Awards His recent work Includes the Long Beach Airport expansion, Glendale Arts and Paramount Boulevard Urban Renovation: 2021 Entertainment District, Paramount Boulevard Streetscape and Urban Renovation, ASLA Honor Award Sherman WayStreetscape Improvements, Santa Ana Arts Collective Housing, reesca p p g' 5teelcratt Garden Grove: 7021 ASLA Me t Award Santa Ana Arcs Collective 2021 AIA OC Horn, Greenspace and building enhancements for the historic Oaks School in Los Angeles, Award Park Lane Urban Green in Reno, NV, the renovation of the Streets in Long Beach and Rise Park - Overlook Irvine: 2021 Gold Nugget the Long Beach and Costa Mesa Parklet Pilot Program. All projects are Infused with Grand Award The Root, Santa Ana. CA 2019 AIA Long Beach/ pedestrian oriented and sustainable design strategies to the greatest extent possible. ■ South Bay Merit Award. 2018 ASLA Ment Award, 2017 SCDF Architecture Award Kirk received a Bachelor of Science in Landscape Architecture with Honors from Cornell ACE 121. Glendale: 2018 National Association of Homebwlders Multifamily Pillars Award, 2018 University. He has been a LEED' Accredited Professional since 2007 and is a licensed SCDF Citation Award landscape architect in California, Nevada and Texas. EcoHouse Children Today, Long Beach: 2018 ASLA Merit Award, 2016 LEED Gold, 2016 U.S. Green Building Council Sustainable Innovation Streetscape / Urban Design Long Beach Parklet Program: 2018 ASLA Merit Award; 2015 International Downtown Association, Paramount Boulevard Streetscape and Urban Renovation, Paramount, CA Downtown Achievement Award for open Space; Broadway Median Traffic Calming, Long Beach, CA 2015 West side Urban Forum Design Award for Downey Civic Center Master Plan, Downey, CA Public/Open Space; 2015 AIA Long Beach/South Bay Design Award; 2014 SCDF Urban Design Sherman Way Streetscape, Reseda, CA Award Venice Blvd Beautification, Mar Vista, CA RDC-Sot, Inc. Office: 2018 Architecture MasterPnze Honorable Mention, 2017 AIA Long Long Beach Parklet Pilot Program, Long Beach, CA Beach/South Bay Award; 2017 USGBC 1st Place Lilyan Fierman Walkway, San Pedro. CA in Health + Wellness: 2017 Architects Newspaper Design Award. Honorable Mentron; 2017 SCDF The Streets, Long Beach, CA Architecture Award: 2017 LEED Platinum; 2017 WELL Certified Artsakh Avenue Arts + Entertainment District, Glendale, CA i Long Beach Air pofI Concession: 2013 Gold Nugget Award of Merit, Best Commercial Project Community Unde, 10.000 A 2016 USA foday Voted Best Long Beach Airport Expansion and Garden, Long Beach, CA AsmoiI Dimrg: 2013 California Trar.sportat:or Foundation Aviation Project of the Year Weingart-Lakewood Family YMCA, Lakewood, CA Lakewood YMCA: 2015, AIA Long Beach/South Ronald McDonald House, Long Beach, CA Bay Design award Long Beach Display Garden: Oinodao International St Francis Homeless Center, Long Beach, CA Hortict,tiutal Exposition 2014; Gold Award ouidoo, Ecohouse Children's Play Yard, Long Beach, CA Garden, Competition visitinq Critic and Teaching Parks. Plazas and Gardens Cal Poly Pomona, Guest Speaker and Awards Juror Third Year Western Gage Tot Lot, Los Angeles, CA Cornell University, Landscape Afchitectufe Design Studio, Teaching Assistant Harvey Milk Park + Equality Plaza, Long Beach, CA Cornell University, Advanced Site Engineering, The Urban Green, Reno, NV Teaching Assistant MOLAA Botanical Garden, Long Beach, CA Comer university, Punic speaking teaching Assistant Downey Avenue Urban Gardens, Paramount, CA Unnversty of New York at Buffalo. Fir;`: Year 32 A•chitect rre Design Studio, Teaching Assis!ar,t ■ ■ ■ DAVID SABUNAS, AIA, ASLA t ■ ■ ■ Education As project design director, David Sabunas works on landscape and architectural • Master of Architecture. University of California Berkeley, Berkeley, CA design and planning. He brings with him extensive experience in landscape ■ Bachelor of Arts, Landscape Architecture, architecture, housing, urban design, retail, and civic development projects. University of California Berkeley, Berkeley, CA Currently David is providing landscape architecture on a variety of projects, including ■ Affiliations Gramercy Housing, MLK+PCH Affordable Housing and Carson Terrace Senior American Society of Landscape Architects, Long Housing. Past projects include the Long Beach Airport, Pacific View Mall, and City Beach Urban Design Council, Congress for the New Urbanism, United States Green Building Center Mall in San Francisco. He also led architectural and urban design teams ■ Council, American Institute of Architects working on Long Beach + Anaheim, a mixed use affordable housing development in Long Beach, CA; the San Juan Capistrano Master Plan; and the Downey Civic ■ Awards Center Master Plan. The Roost: 2019 AIA Long Beach/South Bay Merit Award Amon his accomplishments, David was awarded a Commendation from the City . ACE 121: 2018 National Association of g p Homebuilders Multifamily Pillars Award, 2018 of West Hollywood for his involvement in the Xeriscape Demonstration Garden in SCDF Citation Award 1991 and in 2010 he was awarded the Los Angeles Conservancy President's Award ■ 4th+Linden: 2012, Compass Blueprint Excellence for renovation of the Bob's Big Boy Broiler. He was also part of the design team for Award, Visionary Planning for Sustainability; 2011. ■ Westside Urban Forum Design Award, Mixed Use; award -winning projects such as Long Beach Senior Arts Colony, The Shops at The 2011, CNU Charter Award: 2010, Long Beach Alhambra and Lincoln & Rose. Heritage Award; 2009, AIA Long Beach/South Bay ■ Chapter Merit Award; 2009, SCDF Design Award Collage Apartments: 2013, Compass Bluepnnl David received a Bachelor of Arts in Landscape Architecture and a Master ■ Achievement Award, Susiainability of Architecture from the University of California at Berkeley. He is a licensed • Lincoln & Rose: 2009, AIA Long Beach/South architect and landscape architect in California and holds LEEDie Green Associate Bay Chapter C4ation; 2009.ICSC Design and ■ Development Silver Award; 2009, SADI Grand accreditation Award; 2009. PCBC Gold Nugget Award: 2009, Calif. Building Association Award: 2008, SCDF ■ Design Award Landscape • Long Beach Senior Arts Colony: 2014. LABJ ■ Commercial Real Estate Gold Award, Muit-Family: First + Linden Streetscape Enhancements, Long Beach, CA 2014, NAHB Best of 50+ Housing Goic Award. Armory Park, Long Beach, CA Best 50+ Affordable Rental Community; 2013, ■ SAGE Project of the Year: 2013, NAHB Rllars Bob's Big Boy Broiler, Downey, CA of Industry. Finalist, Best Affordable Mult.-Family Conservation Corps of Long Beach Environmental Education Center, Signal Hill, CA Community: 2013, AIA LBISS Honor Award for ■ Excellence in Design: 2013, M H N Gold Award, Urban Design Best New Development: Senors; 2013, MFE Carson Street Mixed -Use District Master Plan, Carson, CA ■ Project of the Year, Grand Award, Affordable: 2013. Gold Nugget Grand Award, Best Senior Housing Laguna Beach Civic Arts District Master Plan, Laguna Beach, CA Community: 2012, Best of 50+ Housing awards. Long Beach Faf,ade Improvement Programs, Long Beach, CA . Gold Winner, Best Affordable Rental - On the Sepulveda Boulevard Enhancement Master Plan, Culver City, CA Boards; 2011, Gold Nugget Grand Award, On the Boards; 2010, SAGE On the Boards Award Community ■ Lakewood YMCA: 2015. AIA Long Beach/South Manazar Gamboa Community Theater, Long Beach, CA Bay Design Award ■ Lakewood YMCA, Lakewood, CA Commercial ■ Lincoln & Rose, Venice, CA Metro Center, San Diego, CA ■ Malibu Lumber Retail Center, Malibu, CA The Shops at The Alhambra, Alhambra, CA ■ ■ ■ 33 studioneleven MOIRI FLEMING, ASLA Associate/ Protect Landscape Arcnitect California Landscape Architecture License: LA 6102 Education Bachelors of Science Landscaoe Af&Aecture Moin Fleming is a Project Landscape Architect and Design Manager at Studio Temple Univers;ty. PhdadelpF.a. PA One Eleven and has a wide range of experience in conceptual planning through construction for a variety of landscape architectural projects including parks and Affiliations urban plazas. Ame,ican Sooety of Landscape Aich:tects (ASLA) ■ She has been responsible for leading design efforts on various landscape studio Awards protects, most recently the Artsakh Avenue In Glendale, Rise Park -Overlook in ■• Paramount Boulevard Urban Renovahon:2021 ASLA Honor Award Irvine, Harvey Milk Park in Long Beach, Paramount Boulevard Urban Revitalization / Steelcraft Garden Grove: 2021 ASLA Merit Award citywide bus shelter renovations, and the design of a range of public spaces in Los Santa Ana Arts Collective: 2021 AIA OC Honor Angeles including The Oaks School greenspace and Sherman Way Streetscape. 9 9 9 P Y Award Rise Park - Overlook, Irvine: 2021 Gold Nugget She is currently leading the design of a permanent parklet program for the City of Grand Award Glendale. EcoHouse Children Today. Long Beach: 2018 ■ ASLA Ment Award, 2016 LEED Gold, 2016 U.S. Green Building Council Sustainable Innovation Long Beach Parklet Program: 2018 ASLA Ment Her experience entails designing spaces that promote pedestrian activity within the ■ public realm, community gathering spaces and connectivity to open space, master - Award; 2015 International Downtown Association, planning, green infrastructure /storm water capture and re -use, and incorporating Downtown Achievement Award for open Space: ■ 2015 Westside Urban Forum Design Award for California adapted and native plants into the design. Currently, she is involved in Pubbc/Open Space: 2015 AIA Long Beach/South construction administration for a 2 acre park that includes a Tot -lot, flexible turf space Bay Design Award; 2014 SCDF Urban Design for events, custom shade structures, art, a dog park, and perimeter streetscapes. ■ Award RDC-Slit, Inc. Office, 20IS A❑hitect,re MasterPr;:e Honorable Menton, eon AIA Lon{) She also volunteers in the Studio One Eleven urban design studio events such Beach/South Bay Award; 2017 USGBC I st Place as Go Human which promotes community walkability and the use of bicycles for :n Health + wwellness: 2017 Architects Now paoer ■ Design Award, Honorable Me, tinn: 2017 SCDF transportation. Architecture Award; 2017 LEED Plat,^um: 20n WELL Certified Mom received a Bachelor's of Science in Landscape Architecture from Temple ■ ASLA Student Award of Hot o-, rA/DE chat,,,., University. While at Temple she had the opportunity to study abroad in Rome, Italy ■ with the Temple Architecture Program. The projects focused on urban design of plaza and parks as well as pedestrian connections to these spaces. She is a registered ■ Landscape Architect in the State of California and has over 12 years of diverse design experience. ■ Parks and Open Space ■ Reno Entertainment District Urban Green and Streetscape, Reno, NV Harvey Milk Park, Long Beach, CA ■ Rise Park Overlook - Irvine, CA Oaks School Greenspace, Los Angeles, CA . Streetscape / Urban Design ■ Paramount Boulevard Streetscape, Paramount, CA ■ Artsakh Avenue Urban Design and Placemaking, Glendale, CA Long Beach Parklets, Long Beach, CA . City Place Remodel and Streetscape, Long Beach, CA Sherman Way Streetscape Reseda, CA ■ Santee Court Urban Plaza, Los Angeles, CA 34 Shoreline Village Masterplan, Long Beach, CA 0 Education Global Certificate in Sustainability, University of California, Los Angeles - Extension Master of Urban Design, Washington University, St. Louis, Missouri Bachelor of Architecture, Anna University, Chennai, India Education Bachelor of Science Landscape Architecture California Polytechnic State University, San Luis Obispo i:u SHRUTI SHANKAR, AICP, LEED AP ND Uruan bu,19n itiianay�:r Shruti Shankar, AICP brings over eight years of design, planning and sustarnability experience to Studio One Eleven in her role as Senior Urban Designer. Her work focuses on urban design solutions to enable desired development outcomes in neighborhoods and communities, by combining data -driven insights, design thinking, community engagement and collaborative city -building practices. Her experience includes a variety of project types, including visioning, planning and design for the development of districts and urban places, and tactical urbanism for placemaking and testing improvements. Shruti led the design efforts on Round 3 of the SCAG Go Human tactical urbanism campaign, assisting six Southern California communities in testing proposed active transportation and placemaking improvements in the public realm. She complements her design expertise with strong research, graphics, writing and communication skills. Urban Design and Planning LAROSAH Affordable Housing and Open Space Joint Development Opportunity Study, LA County Downtown Torrance Revitalization Plan, Torrance, CA Little Tokyo/Arts District Station Joint Development Opportunity Analysis Vermont/Santa Monica Station Joint SOFIA ASSI Senior Designer Development Design Review Glendale Arts and Entertainment District Urban Design and Placemaking, Glendale, CA The Bloc Mobility Hub, Los Angeles, CA City Place Living Community, Long Beach, CA The Bloc Public Space Study, Los Angeles, CA Sofia is a Senior Landscape Designer at Studio One Eleven with particular focus on sustainable urban environments. In addition, she has experience working on campus masterplans, mixed - used developments, creative office, and adaptive reuse projects. She brings a keen sense of design and formulates ideas to solve complex issues. Sofia is skilled in developing a wide variety of graphic diagrams, sections, elevations, 3D renderings and illustrative plan presentations for public and private clients. Her recent work includes the $2 billion 4th + Central mixed -use project in the Arts District of Los Angeles, the 14-acre mixed -use City Place project in Long Beach, and 1.6 miles of streetscape enhancements for the Oak View neighborhood in Huntington Beach. Urban Design and Planning Mar Vista Beautification - Los Angeles, CA Artsakh Arts & Entertamment District - Oakv!ew Streetscape - Huntington Beach, CA Glendale, CA Reno Entertainment District - Reno, NV City Place I Mosaic - Long Beach, CA Shoreline Village - Long Beach, CA 4th & Central - Los Angeles, CA 35 EXHIBIT B SCHEDULE OF BILLING RATES ON -CALL LANDSCAPE ARCHITECTURE SERVICES Schedule of Fees: Professional Staff Category Hourly Fee Staff 12/Senior Principal: $240.00 Staff 11/Principal: $230.00 Staff 10/Director: $220.00 Staff 9/Associate Principal: $210.00 Staff 8/Senior Associate: $200.00 Staff 7/Senior Manager: $190.00 Staff 6/Manager: $180.00 Staff 5/Advanced Staff II: $165.00 Staff 4/Advanced Staff I: $150.00 Staff 3/Designer/Drafter III: $135.00 Staff 2/Designer/Drafter II: $120.00 Staff 1/Designer/Drafter I: $95.00 Materials and Supplies: 1. Office and drafting supplies are included in the hourly rate as described in the Schedule of Fees above. 2. Cost of printing, color copies, CAD plotting and reproductions are charged at cost plus 15% from commercial reprographics companies. 3. Outside services i.e., messenger, Federal Express, express mail, etc., are charged at actual cost plus 15%. RDC-S111, Inc. DBA Studio One Eleven Page B-1 4. Any reimbursable expenses requested by the City subsequent to the completion of the Scope of Work shall be billed on a time and material basis. This includes the cost of professional fees required to process this request. Subonsultants: Actual cost plus 15% Any rate changes or increases shall be incorporated via a formal amendment to this agreement. RDC-S111, Inc. DBA Studio One Eleven Page B-2 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. RDC-S111, Inc. DBA Studio One Eleven Page C-1 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 or Workers Compensation, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage, except for Professional Liability and Workers Compensation, shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this RDC-S111, Inc. DBA Studio One Eleven Page C-2 Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require copies, with any confidential or proprietary information redacted, of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. RDC-S111, Inc. DBA Studio One Eleven Page C-3 F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. RDC-S111, Inc. DBA Studio One Eleven Page C-4 / cr \ k� L . \ 2 w . . o . \ < / \ © 3 / 3 4 \ ) [ / § \ ƒ m } a A 7 / \ \ rn ® m © \ \ \ / k \ f \ 3 \ \ \ \ \ 2 } k \ j \ 2 \ / \ � < 7 y . # # ƒ 3 \ I < < j f / \ � ( � \ L j a \ - \ } / C k X j ] \ \ _ ) 7 / / \ - \cr G { $ a § . § ) / r a . \ \ } _ i