HomeMy WebLinkAbout13 - Approval of On -Call PSA's for Landscape Architectural ServicesQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
June 14, 2022
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Patrick Arciniega, Senior Civil Engineer,
parciniega@newportbeachca.gov
PHONE: 949-644-3347
TITLE: Approval of On -Call Professional Services Agreements for
Landscape Architectural Services
ABSTRACT:
The City of Newport Beach's (City's) Capital Improvement Program (CIP) contains a
number of landscaping projects that require design and permitting by a State -licensed
landscape architect. Accordingly, staff issued a Request for Proposals (RFP) for these
professional services and is requesting the City Council's approval to enter into four, On -
Call Professional Services Agreements with the following companies: Mark Thomas &
Company, Inc., BGB Design Group, Inc., RJM Design Group, Inc., and RDC-S111, Inc.
dba Studio One Eleven. Each contract would be for a term of three years and a total not -
to -exceed contracting authority amount of $150,000.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve On -Call Professional Services Agreements with Mark Thomas & Company,
Inc., BGB Design Group, Inc., RJM Design Group, Inc., and RDC-S111, Inc. dba
Studio One Eleven for landscape architectural design services, with each agreement
being for a term of three years and a total not -to -exceed amount of $150,000, and
authorize the Mayor and City Clerk to execute the agreements.
DISCUSSION:
The City's CIP involves a wide range of infrastructure projects. Some of these projects
involve improvements to City of Newport Beach parks, and street medians and parkways,
and these services require personnel with specialized training, certifications and licenses.
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Approval of On -Call Professional Services Agreements for Landscape Architectural
Services
June 14, 2022
Page 2
The City's proposed CIP budget anticipates more than $10 million in landscape related
parks and streetscape work over the next three years. This will likely require close to a
$1 million in Landscape Architect related design services to design, bid and oversee the
proposed improvement work.
The City traditionally contracts out landscape architecture services. Over the past five
years, firms with existing on -call agreements have provided design services for Balboa
Village, West Coast Highway, the planter areas at Newport Boulevard/28'" Street, and
more. For other, larger landscaping projects, such as the Grant Howald Park Project, an
RFP is typically issued to select a specific landscape architect for the project. In some
cases, such as with the design of the Jamboree Road Pavement Rehabilitation and
Reclaimed Water Conversion Project, landscape design is included as a component of
the overall engineering and design package prepared by the consultant.
In January 2022, staff requested proposals to provide on -call landscape architecture
design services in order to replace the existing consultant groups' expiring agreements.
Staff received 14 proposals. The following 14 firms' aggregate scores were above the
level required for further consideration:
Firm Name
Total Score
Rank
RJM Design Group, Inc.
284
1
Studio One Eleven
279
2
BGB Design Group, Inc.
274
3
Mark Thomas & Co., Inc.
268
4
RRM Design Group
267
5
Conceptual Design and Planning Co.
251
6
David Volz Design, Inc.
249
7
SWA
245
8
Michael Baker International, Inc.
241
9
GLLB Studios
225
10
Hirsch & Associates, Inc.
219
11
RHA Landscape Architects
216
12
Nuvis Landscape Architecture
210
13
In -Site Landscape Architecture
202
14
The City's proposal review team consisted of three staff members from the Public Works
Department. Using a qualification -based selection process, the proposals were evaluated
by the review team independently. Proposal evaluations were based on the consultant's
understanding of the scope of work, experience, qualifications, and availability of staff.
While many firms met the minimum qualifications outlined in the request for proposal, the
top four consultants were selected by the review team as the most qualified and
responsive firms. All four of these firms have successfully completed similar services for
other local agencies and their billing rates are consistent with industry standards and their
peers.
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Approval of On -Call Professional Services Agreements for Landscape Architectural
Services
June 14, 2022
Page 3
Staff is requesting approval of four separate on -call Professional Services Agreements
with Mark Thomas, BGB Design Group, RJM Design Group, and Studio One Eleven for
Landscape Architectural design services at a not -to -exceed amount of $150,000 per
agreement. The term for each of these agreements is three years and they are set to
expire on June 30, 2025. Projects will be assigned on a rotating basis to on -call
architecture firms based on the firm's expertise or competitively bid amongst the firms,
depending on the City's requirements and the project type.
FISCAL IMPACT:
Funding for the work done under these on -call contracts will be expensed to approved
individual projects within the Capital Improvement Program over the next three years.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Draft Professional Services Agreement with Mark Thomas
Attachment B — Draft Professional Services Agreement with BGB Design Group
Attachment C — Draft Professional Services Agreement with RJM Design Group
Attachment D — Draft Professional Services Agreement with Studio One Eleven
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ATTACHMENT A
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH MARK THOMAS & COMPANY, INC. FOR
LANDSCAPE ARCHITECTURE SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 14th day of June, 2022 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and MARK THOMAS & COMPANY, INC., a California corporation
("Consultant"), whose address on file with the Secretary of State is 2833 Junction Ave,
Suite 110, San Jose, CA 95134 with a local address of 2121 Alton Parkway, Suite 210,
Irvine, CA 92606, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide professional landscape architecture
and related services. ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 13, 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
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2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
One Hundred Fifty Thousand Dollars and 00/100 ($150,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
Mark Thomas & Company, Inc. Page 2 13-5
4.2 Upon the first annual anniversary of the Effective Date and upon each
annual anniversary of the Effective Date thereafter, the billing rates may be adjusted by
an increase not to exceed the percentage change from April of the anniversary year to
April of the prior year in the Consumer Price Index ("CPI") of the Los Angeles -Long Beach -
Anaheim, CA, Area, All Urban Consumers, All Items, or successor index, as published by
the United States Department of Labor, Bureau of Labor Statistics. Contractor shall notify
City in writing of any requests for adjustment pursuant to this Section at least thirty (30)
days prior to the effective date of such adjustment, and provide an updated schedule of
billing rates reflecting the adjustment. Adjusted billing rates shall be approved in writing
by City prior to being effective. Notwithstanding the foregoing, no billing rate adjustment
pursuant to this Section shall exceed an increase greater than 2.0% over the billing rates
then in effect immediately preceding such adjustment.
4.3 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.5 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Erik Smith, PLA to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
Mark Thomas & Company, Inc. Page 3
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5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties"), from and against any
Mark Thomas & Company, Inc. Page 4
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and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties, or to
require a Consultant who is a design professional, as defined by Civil Code Section
2782.8(c), to provide indemnification or defense of the Indemnified parties inconsistent
with existing law. Nothing in this indemnity shall be construed as authorizing any award
of attorneys' fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
Mark Thomas & Company, Inc. Page 5
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12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
Mark Thomas & Company, Inc. Page 6
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17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, fts officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 Computer Aided Design and Drafting ("CADD") data delivered to City shall
include the professional stamp of the engineer or architect in charge of or responsible for
the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses
arising out of, or connected with (a) the modification or misuse by City, or anyone
authorized by City, of CADD data, or (b) any use by City, or anyone authorized by City,
of CADD data for additions to this Project, for the completion of this Project by others, or
for any other Project, excepting only such use as is authorized, in writing, by Consultant.
By acceptance of CADD data, City agrees to indemnify Consultant for damages and
liability resulting from the modification or misuse of such CADD data. All original drawings
shall be submitted to City in the version of AutoCAD used by the City in .dwg file format,
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
Mark Thomas & Company, Inc. Page 7 13-10
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
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Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at-
Attn: Erik Smith, PLA
Mark Thomas & Company, Inc.
2121 Alton Parkway, Suite 210
Irvine, CA 92606
Mark Thomas & Company, Inc. Page 9
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27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
Mark Thomas & Company, Inc. Page 10
13-13
29. PREVAILING WAGES
29.1 If any of the Work contemplated under the Agreement is considered a "public
work", pursuant to the applicable provisions of the Labor Code of the State of California,
including but not limited to Section 1720 et seq., not less than the general prevailing rate
of per diem wages including legal holidays and overtime Work for each craft or type of
workman shall be paid to all workmen employed on such. In accordance with the
California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the Work
is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the Agreement. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department
of Industrial Relations. The Consultant is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Consultant or any subcontractor under
him/her to comply with all State of California labor laws, rules and regulations and the
parties agree that the City shall not be liable for any violation thereof.
29.2 In such event, unless otherwise exempt by law, Consultant warrants that no
contractor or subcontractor was listed on the bid proposal for the Services that it is not
currently registered and qualified to perform public work. Consultant further warrants that
it is currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
Mark Thomas & Company, Inc. Page 11 13-14
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Mark Thomas & Company, Inc. Page 12
13-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: "f) By:
on C. Harp Kevin Muldoon
City Attorney Mayor
ATTEST: CONSULTANT: Mark Thomas &
Date: Company, Inc., a California corporation
Date:
By: By:
Leilani I. Brown Darin Johnson
City Clerk Associate Principal, Division Manager
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Mark Thomas & Company, Inc. Page 13 13-16
EXHIBIT A
SCOPE OF SERVICES
Mark Thomas & Company, Inc. Page A-1 13-17
EXHIBIT A
SCOPE OF SERVICES
ON -CALL LANDSCAPE ARCHITECTURE SERVICES
Landscape architecture services shall include conceptual and final design of landscaping
for City capital improvement and maintenance projects, including streetscape, median,
parks, open space and other public facilities. Consultant shall have the ability to provide
in-house services, or capacity to subconsult, for the following areas:
■ Prepare conceptual design and architectural renderings
■ Provide public outreach services (i.e., town hall meetings, HOA meetings, City
Council meetings, etc.)
■ Prepare final design level landscape, hardscape and irrigation construction plans,
specifications, and estimates. Specifications shall conform to the Standard
Specifications for Public Works Construction (Greenbook).
■ Prepare irrigation calculations and studies
■ Incorporate water and energy savings design measures and value engineering
services
■ Provide bid support
■ Provide construction support and administration services
• Prepare record drawings
■ Other landscape architecture -related tasks, as necessary
. Upon written request from the City Project Administrator, Consultant shall provide a letter
proposal, in accordance with the terms of the Agreement, for specific services requested
by the City.
The Letter Proposal shall include, but is not limited to, the following:
■ A detailed description of the Scope of Services to be provided;
■ The position of each person to be assigned to perform the Scope of Services and
the name of the individuals to be assigned; and
■ The estimated number of hours and cost to complete the Scope of Services
No services shall be provided until the City's Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
13-18
16
L'A
MARK THOMAS
January 26, 2022
Patrick Arciniega, Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Dear Mr. Arciniega:
The City of Newport Beach (City) is seeking to obtain consultants to provide on -call landscape architecture services. Mark
Thomas is the ideal firm to assist the City through our landscape architecture design expertise in the areas of roadway, public
space, parks, recreation, and other municipal projects. Our team brings the experience you are seeking, and we are excited to
submit our qualifications.
About Mark Thomas
Our Landscape Architecture and Urban Design division provides each client with an integrated and comprehensive planning
and design suite of services. We are committed to consistently delivering site -responsive design focused on the specific
needs of the community, best planning and maintenance practices, and deiivering projects for our clients that are both
environmentally and fiscally sustainable. Our planners and designers have the flexibility to deliver a range of projects, such
as landscape master plans; park, recreational facilities, and trail designs; detailed cornplete street planning and streetscape
designs, bicycle/pedestrian trails, median and gateway entry enhancements; and irrigation designs and water conservation
modifications.
Landscape Architecture and Irrigation Design Team
Our team will be managed by Erik Smith, PLA. Erik has more than 26 years of landscape architecture experience and serves
as the leader of our landscape architecture and planning division. His experience has involved a full spectrum of professional
services from feasibility studies, master planning, streetscape design and community outreach to construction management.
His knowledge of various safety, traffic calming and streetscape issues has been essential to public ardency clients in
achieving workable solutions. He has experience working with the City, having led the landscape design for the Bayside Drive
Improvements project.
Client Satisfaction
Customer service is at the core of who Mark Thomas is. Our team is dedicated to providing responsive, exceptional client
service; the experience and fiscal responsibility required to provide the City with the best value and return on investment; and
professionals who are ready and available to respond promptly to your requests.
We look forward to the opportunity to work with you on this contract and continue to build upon our working relationship
with the Oty. If you have any questions about our SOQ, please contact Erik directly at (916) 403-5716 or via e-mail at esmith@
markthomas.com. Erik can also be reached at our Trims office address and main phone number located in the Tooter of this
letter.
MARK THOMAS & COMPANY, INC.
1 n
Darin Johnson, PE
Principal + Vice President
13-20
>> LOCAL STAFFING LIST
TEAM ORGANIZATION
Our team will be led by Erik Smith, PLA as Contract
t
Manager. Erik has worked directly with the City, designing
the Bayside Drive Improvements. He also leads our
Landscape Architecture + Urban Design division, and can
allocate resources as needed to deliver concurrent task
orders for the City
Erik will be supported by an in-house team of landscape
architects and designers that bring experience delivering
projects that range from master plans to construction
documents.
Our team structure is shown to the right.
Erik Smith, PLA
LANDSCAPE ARCHITECTS
Marty Armstrong, PLA
Christine Anderson, PLA
Chris Camarillo, PLA
LOCAL STAFFING
Darin Johnson, PE
Key Staff
LANDSCAPE DESIGNERS
Miranda Wood
Janice Heller
Tony Rogers
Brendan Ore
Cathy ;Nguyen
Jessica Yu
Mark Thomas operates our Landscape Architecture * Urban Design team as a statewide service. That means that the team
works on projects together, regardless of location. This allows us to assign the most qualified team members to deliver
projects for our clients. Our team is shown below.
ITITLE ! LOCATIC
Erik Smith
Project Manager + Landscape Architect
Sacramento
Marty Armstrong
Project Manager + Landscape Architect
Irvine
Christine Anderson
Project Manage + Landscape Architect
Sacramento
Chris Camarillo
Project Lanasr_ape Architect
Sacramento
Janice Heller
Landscape Designer II
Irvine
Miranda Wood
Lanoscape Designer 11
Oakland
Tony Rogers
Lanoscape Designer I
Sacramento
Brendan Ore
Landscape Designer I
Sacramento
Cathy Nguyen
Landscape Designer II
Sacramento
Jessica Yu
Landscape Designer I
Oakland
r, AFF
iC.l 'iEl?uPF S'
MARK T1-10Mr',
13-21
�,o ADVANCE NOTICE REQUIREMENTS
The task orders that are anticipated under the City's on -call contract can vary considerably in type size, complexity and
schedule. For this reason, it is critical to assign the a Project Manager and team with the required experience, and meet
with City staff within the first 48 hours after the work order is issued to gain a complete and mutual understanding of the
proposed work. Erik, PLA will serve as Contract Manager and will work directly with the City to deten-n ne the best team
for each request. Following this initial screening, Erik will put together a thorough scope of work, clearly identifying work
products, budget and a detailed schedule for deliverables
As Contract Manager, Erik will be involved throughout the task order process to ensure that the schedule and budgets are
maintained. He will focus our management approach around the following primary objectives:
Being proactive, responsive, and collaborative
to your needs
Tirru-,gig our previous work, the City has experienced the
proactive and hands-on approach that Mark Thomas is
known for, and are well aware of our reputation of being
responsive and able to work successfully with the City and
local agency staff. The keys to our project successes have
been our availability to the City, our understanding of
agency policies and procedures, and working with team
members and staff in a collaborative and cooperative
manner to meet the various project needs.
Monitoring design activities and delivery
schedules
Once a work plan is developed for the task order, we will
establish a focused and clear schedule of the work activities
to be performed This schedule will not only include our
work effort, but also the effort of others who will impact
the critical path to delivery of identified milestones
Included in this schedule will be an internal program of
QA/OC events that will ensure that governing policies and
srandarrSs are maintained
Providing the most beneficial and cost-effective
solutions
`,pie aisu sty, our assignment to be one of providing
innovative and cost-effective project design solutions. We
wilt bring on the most quaff+lied and experienced individuals
we have as we consider all aspects of solving the unique
design Issues associated with each task order. These
individuals will leverage their experiences to implement
solutions that reduce project costs while meeting project
needs.
Working with the City to prioritize task orders
As task orders and t)Lfdgr?ts are being developed, Erik will
work directly with City staff to analyze the status of the task
order, remainmg budget, schedule, and remaining tasks.
Oftentimes, task orders may be finishing up with additional
budget remaining, this provides an opportunity to shift
resources and budget to other open task orders.
KEY STAFF RESUMES
.. .I, )SC APF 4r'Cf•Ir;(.7UF+t _!Yv;r {
h5 A i H. 7 C r.
13-22
ERIK SMITH, PLA
EDUcATiul;
RFGISTR`.TION
Erik nas 26 years of experience and is the leader of Mark Thomas landscape architecture and planning division. His
experience has involved a full spectrum of professional services from feasibility studies, master planning, streetscape design
and community outreach to construction management. His knowledge of various safety, traffic calming and streetscape
issues has been essential to public agency clients in achieving workable solutions. Recent projects Include conceptual
design and construction documents for streetscape, trail and traffic calming projects. Erik also leads our team in the
development of grant applications This Includes ATP HSIP and other regional grant applications, For ATP Cycle 2, he was
involved in the preparation of eight applications.
PFPRESENTATIVE PPC)JFCTS
BAYSIDE DRIVE IMPROVEMENTS, NEWPORT BEACH
Lead landscape architect for the engineering, r_jeuriTetnc
and transportation design services to complete this
roadway project that will greatly improve pedestrian safety,
bicycle connectivity, and overall vehicular and mullimodal
operations, Key services include bike/pedestrian
improvements, pavement rehabilitation, complete streets/
urban design, Caltrans approval, and permitting.
CHAKEMCO STREET IMPROVEMENTS, SOUTH GATE
Landscape architect responsible for landsr ape I 511 JT i
services for the roadway project thal will provide a safe
pedestrian route to school, rehabilitate the existing
roadway pavement, and mitigate poor street drainage
on Chakemco Street in the City of South Gate. Chakemco
Street has a number of businesses that use the street as
a main access to their business and also for additional
parking. It also has an alley -type cross section, lacks an
ADA%.oedestrian route iequiring pavement rehabilitation.
MENDEZ HISTORIC TRAIL, WESTMINSTER
_arrssc 1pe arcirliecl lespolI'liule for i,indSuipe design for
this historic trail and Green Street bikeway project that will
reduce vehicle travel lanes and create a two-mile long
Class IV bikeway along the western limits of the corridor. A
raised median will be incorporated to provide separation
between vehicles and bicycles, and serve as a stormwater
treatment for roadway runoff. Additional project
Improvements include pedestrian level lighting, correction
of deficient driveways, pavement rehab, asphalt overlay,
and curb ramps
l LA1`4DSCAPF :,GCH TFI-TI_IPt SI I"Vi(_
CAPITOL MALL REVITALIZATION, SACRAMENTO
Project wanager for the complete iedesign or Capitol Mall
from the historic Tower Bridge to the Capitol Building in
Sacramento. When complete the design will redefine the
entire corridor making it a more pedestrian friendly, user
focused space with the inclusion of public art, programmed
lighting, plazas, and event spaces. Project included
conceptual design, placemaking identification, stakeholder
outreach, and grant application preparation.
GUADALUPE RIVER TRAIL MASTER PLAN, SAN JOSE
Project manager for the Guadalupe River Trail Master
Plan. Currently underway, this project will establish a
Class 1 multi -use trail within a five -mile long stretch of
Guadalupe River corridor with a master plan identifying site
opportunities and constraints, trail alignment alternatives,
regulatory and environmental requirements and a phasing/
funding strategy Among the many typical trail planning
challenges faced on this project (multiple stakeholders
and property owners, variety of adjacent land uses, future
developments. environmental constraints)
SR 145 (YOSEMITE AVENUE) MASTER PLAN, MADERA
Lead landscape architect for a visionary master plan to
reduce traffic congestion. enhance pedestrian access and
safety Increase multimodal transpoi tahon options, and
create public spaces to encourage visitors in downtown
Madera Project features include a road diet, Implementing
curb bulb -outs and sidewalk widenings, enhanced
streetscape/landscape elements, Improved pedestrian
crosswalks, wayfinding signage, and new bike lanes, as well
as public art and city identity bounding features
r.tARK TF 0m;,,
13-23
MARTY ARMSTRONG, PLA
Eir:
REOSTRATJON
Marty has 28 years of experience in landscape architecture, urban design, landscape design and master planning. His
experience has involved a full spectrum of professional services from feasibility studies, master planning, streetscape design
and community outreach. Marty has worked on projects throughout California such as public and private development,
senior housing, sports design -build, regional parks and trails design development, community workshops, project
entitlement process, construction drawings and construction observation.
NEPRESENFAT IVE PROJECTS
CHAKEMCO STREET IMPROVEMENTS, SOUTH GATE
Landscape architect for the roadway project that will
provide a safe pedestrian route to school, rehabilitate
the existing roadway pavement, and mitigate poor street
drainage on Chakemco Street in the City of South Gate.
Chakemco Street has a number of businesses that use
the street as a main access to their business and also for
additional parking. It also has an alley -type cross section,
lacks an ADA pedestrian route requiring pavement
rehabilitation
LONG BEACH BOULEVARD GREEN STREET
IMPROVEMENTS, SOUTH GATE
Landscape architect providing landscape and urban
design services for the Long Beach Boulevard project.
The project consists of a five -lane. 70-foot wide heavily
traveled auto -oriented primary arterial traversing north -
south through the City. This crucial corridor currently lacks
bicycle facilities and many of the intersections lack modern
crosswalks and ADA-compliant curb ramps. Improvements
will include ADA-comp#iant curb ramps, Class III bicycle
facilities, enhanced crosswalks, shade trees, plantings in the
medians and sidewalks, and vegetated biofiltration areas
for aesthetics and drainage
FIRESTONE BOULEVARD WIDENING, NORWALK
Landscape architect respon,,lble fol landscape design for
this roadway unprovement project that will widen Firestone
Boulevard to six lanes from Hoxie Avenue to Imperial
Highway to accommodate the existing and projected traffic
volumes Phase 1 consists of two lanes in each direction
with 10-foot sidewalks, on street parking, and a variable
width median within a right-of-way of 110 feet This phase
will he widened to six lanes as well as maintain on -street
parking. sidewalks, and adding bicycle facilities.
.�YrGPCli4fiUr,�rSi_F+-`rl'
LIMONITE GAP CLOSURE, EASTVALE
Landscape architect iesponsibie for providing landscape
design for a gap closure in the existing Limonite Avenue
corridor: The project will include a 2,450-foot 4-lane
roadway, Class IV protected bikeways, wide sidewalks, new
bridge over the Cucamonga Creek channel, and bridge
aesthetics and landscape architecture. The bridge over the
channel will be 377-foot bridge three span concrete bridge
and a challenging 60-degree skew Additionally, the City
wants to construct a new bicycle/pedestrian bridge for the
Class I trail located within the SCE right of way.
HERITAGE OAKS PARK FRONTAGE IMPROVEMENTS,
WEST SACRAMENTO
Project manager for landscape design architectural services
on the frontage area to Heritage Oaks Park, a 9-acre public
park The project consists of designing the landscaping
and irrigation on the park frontage along Lake Washington
Boulevard and Village Parkway.
MLK CENTER ACTIVE TRANSPORTATION
INFRASTRUCTURE IMPROVEMENTS, FRESNO
Landscape architect respow able V providing landscape
design for roadway improvements in the City of Fresno.
Tasks include Class I traits (including DG shoulders and
center striping), sidewalks and ADA improvements, planting
and irrigation facilities, and storm water collection system
and drainage installation
13-24
CHRISTINE ANDERSON, PLA
EDUCAM N
kEG15 rEtF! �'Jr:
Christine has 33 years of experience in landscape aichilecture, urban design, landscape design and master planning
While her specific forte is that of urban design and redevelopment, she has consulted on a diverse range of projects,
including redevelopment streetscapes, schools, urban developments, commercial centers, municipal and private office
developments, open spaces, parks and playgrounds interpretive trails, sports facilities, and master planned communities.
Christine has extensive experience in all phases of design and construction documentation, including project management
and community facilitation.
EPRESEI`�TATIVE r
BAYSIDE DRIVE IMPROVEMENTS, NEWPORT BEACH
Landscape architect for the engineering, geometric and
transportation design services to complete this roadway
project that will greatly Improve pedestrian safety, bicycle
connectivity, and overall vehicular and rnultimodal
operations. Key services include bike/pedestrian
improvements, pavement rehabilitation, complete streets/
urban design, Caltrans approval, and permitting.
WILLIAM R. MASON REGIONAL PARK (WIMA) ENTRY
DRIVEWAY AND ROADWAY IMPROVEMENTS, ORANGE
COUNTY
Lead landscape architect responsible for addressing severe
visual and functional deficiencies at the main entrance
to the park, poor and unsafe pedestrian experience, and
deteriorated vehicular facilities. Solutions included widening
driveways to allow for emergency and maintenance
vehicles access and improved traffic capacity, pavement
rehabilitation to correct uneven pavement and ponding,
beautification through renewed landscaping and aesthetic
treatment design at the park entrance, drainage and water
quality treatment improvements through water capture at
planted median areas.
CAPITOL MALL REVITALIZATION, SACRAMENTO
Project manager for the complete redesign of Capitol Mall
from the historic Tower Bridge to the Capitol Building in
Sacramento. When complete the design will redefine the
entire corridor making it a more pedestrian friendly, user
focused space with the inclusion of public art, programmed
lighting, plazas, and event spaces. Project included
conceptual design, placemaking identification, stakeholder
outreach, and grant application preparation.
WEST BROADWAY URBAN VILLAGE, PHASE 1A, SEASIDE
Landscape architect for this Infrastructure Improvement
project m the heart of Downtown Seaside Responsibilities
Include design of corridor enhancements such as street
trees, pedestrian lighting, and a greed bike lane. Low
Impact Design elements are Incorporated into the project.
CHASE DRIVE CORRIDOR IMPROVEMENTS, RANCHO
CORDOVA
Project landscape architect responsible for providing
master plan design, project stakeholder coordination,
project phasing cost estimation and recommendations,
complete street alternatives development, and creation
of an opportunities and constraints plan for the Chase
Drive Corridor The project consists of upgrading and
updating the primary entry to one of the oldest and most
beloved regional parks in the County, creating a stronger
connection to the community and surrounding land uses,
capitalizing on the value of the recently built performing
arts center on the adjacent high school campus, creating
additional access, visibility and parking for Soil Barn Farms,
upgrading access, entry gateways and parking within
Hagan Park, and ultimately connecting local City bike
corridors with the American River Bike Trail.
REDWOOD DRIVE COMPLETE STREETS MASTER PLAN,
HUMBOLDT COUNTY
Ltan,l,c,li _ ,il _h11Pt_1 iesponsible for streetscape design of
Redwood Drive, the hislonc Highway 101 business route
through the town of Garberville Mark Thomas is providing
services to develop a conceptua# alternatives, preliminary
estimates, public outreach for the piolect and support
County during preparation of the environmental document
and preliminary engineering designs.
- - . I -, ( , . , 1 , I -, L l u I- E S t. J ( 'r ,
mAr,K Ti.-Or,,::,
13-25
CHRIS CAMARILLO, PLA
EDUCATiOri
REGISTRATION
Chris has tl years of experience in landscape architecture, urban design, landscape design and master pianning. He has
designed projects ranging from master plans to construction documents. His responsibilities include project research, plan/
detail drafting, photo rendering, presentation graphic preparation, public workshop presentation assistance, and more.
RFPRESEWATIVE PROJECTr-
CHAKEMCO STREET IMPROVEMENTS, SOUTH GATE
Landscape designer foe landscape design set vices tot the
roadway project that will provide a safe pedestrian route
to school, rehabilitate the existing roadway pavement,
and mitigate poor street drainage on Chakemco Street in
the City of South Gate. Chakemco Street has a number
of businesses that use the street as a main access to their
business and also for additional parking It also has an
alley -type cross section, lacks an ADA pedestrian route
requiring pavement rehabilitation.
LONG BEACH BOULEVARD GREEN STREET
IMPROVEMENTS, SOUTH GATE
i-andwape designer foI the Long Beach Boulevard project.
The project consists of a five -lane, 70-foot wide heavily
traveled auto -oriented primary arterial traversing north -
south through the City. This crucial corridor currently lacks
bicycle facilities and many of the intersections lack modern
crosswalks and ADA-compliant curb ramps. Improvements
will Include ADA-compliant curb ramps, Class III bicycle
facilities, enhanced crosswalks, shade trees, plantings in the
medians and sidewalks, and vegetated brofiltration areas
fo, aesthetics and drainage.
WILLIAM R. MASON REGIONAL PARK (WIMA) ENTRY
DRIVEWAYAND ROADWAY IMPROVEMENTS, ORANGE
COUNTY
Lead landscape designer responsible for addressing severe
visual and functional deficiencies at the main entrance
to the park, poor and unsafe pedestrian experience, and
deteriorated vehicular facilities. Solutions included widening
driveways to allow for emergency and maintenance
vehicles access and improved traffic capacity pavement
rehabilitation to correct uneven pavement and ponding,
beautification through renewed landscaping and aesthetic
treatment design at the park entrance, drainage and water
quality treatment improvements through water capture at
planted median areas.
MENDEZ HISTORIC TRAIL, WESTMINSTER
Landscape designer responsible fui assisting ,vith the
design for this historic trail and Green Street bikeway
project that will reduce vehicle travel lanes and create a
two-rn4e long Class IV bikeway along the western limits
of the corridor. Additional project improvements include
pedestrian level lighting, correction of deficient driveways,
pavement rehab, asphalt overl,Iy, and curb ramps.
SR 145 (YOSEMITE AVENUE) MASTER PLAN, MADERA
Lead designer on the landscape architecture and urban
design team, and suppor t to the engineering team to
envision a re -imagined historic downtown corridor and
surrounding neighborhood. Support was provided for
workshopping, existing conditions mapping, identifying
opportunities and constraints, and working with city staff
and city residents to craft a complete streets neighborhood
master plan. The project master plan Included
improvements to pedestrian safety, incorporated bicycle
facilities, traffic calming measures, addition of planted
landscape areas and improved urban forest canopy,
activated public spaces, and established place -making and
Identity branding.
BROADWAY COMPLETE STREET IMPROVEMENTS,
SACRAMENTO
Landscape designer for conceptual and final design of the
Broadway Complete Streets project. The project includes
a four -lane to three -lane road diet, Class II buffered
bike lanes, intersection mod&cations at key locations,
pedestrian improvements, conversion of 16th Street to a
two-way street. and constructing the 29th Street extension
between X Street and Broadway
,N {: : L I ArAi.,sr APE r,pCHIT r-CTURE SEkvICES
MARK TI'ONNAS
13-26
PUBLIC AGENCY EXPERIENCE
Since 1927, Mark Thomas & Company, Inc. (Mark Thomas) has provided
professional design services for various public agencies and private
enterprises throughout California. As a California corporation, our
stability throughout the years is founded on our client service focus,
and delivering projects with a tailored approach to meet our clients'
goals. This reputation is realized through the efforts of 290 full-time
professionals within offices that are strateg!calfy located to support
the communities that we five rn. Originating in San Jose (corporate
headquarters), the firm has grown to establish additional offices in
Irvine, Lakewood, Inland Empire, Carmel, Sacramento. Walnut Creek,
Fresno, Cupertino, Oakland, and Roseville.
Mark Thomas' urban planning and landscape architecture services
provide our clients an integrated and comprehensive planning and
design suite of services. Providing site -responsive design that is focused
on community needs makes a project successful Our team of licensed
landscape architects and designers have the experience and flexibility
to deliver a wide range of protects such as park and recreation planning
and design, trail and open space planning, civic improvements,
waterfront development, and streetscape/complete street/gateway
design.
ABILITIES
For every landscape architecture project, Mark Thomas applies a flexible
and progressive approach that balances the needs of stakeholders and
the community with realistic construction budgets and standard design
practices. Our unique ability to understand each project individually
and deve€op designs that fit within the context of the neighborhood
and community has been the hallmark of many of our capital
improvement related on -call contracts. The bulleted list to the right is
a comprehensive summary of the services and abilities we believe you
and your staff will appreciate no matter the complexity or intensity.
Our approach is grounded in our understanding that successful projects
are the result of:
A commitment of key staff and adequate resources necessar y to
deliver the contract as promised.
The early identification and resolution of Issues
Acting as extension of City staff.
Being responsive and collaborative to the needs of the City and the
public.
» Monitoring design activities and delivery schedules through a
committed
QA/QC process
Providing the most beneficial and cost-effective solutions.
An open system of communication and coo!d!nation.
ray ;r, 1F.0A, .
13-27
EXHIBIT B
SCHEDULE OF BILLING RATES
Mark Thomas & Company, Inc. Page B-1 13-28
EXHIBIT B
SCHEDULE OF BILLING RATES
ON -CALL LANDSCAPE ARCHITECTURE SERVICES
Mark Thomas & Company, Inc. Rate Schedule*
Engineering Services
Intern
$52 - $90
Technician
$72 - $137
Planner 1
$85 - $155
Design Engineer 1
$101 - $144
Planner 11
$111 - $137
Sr. Technician
$124 - $180
Design Engineer II
$131 - $169
Project Engineer
$154 - $191
Sr. Project Engineer
$167 - $227
Sr. Technical Engineer
$167 - $227
Project Manager
$200 - $256
Technical Lead
$200 - $256
Sr. Project Manager
$232 - $328
Sr. Technical Lead
$222 - $328
Engineering Manager
$294 - $378
Practice Area Leader
$294 - $378
Sr. Engineering Manager
$327 - $450
Principal
$422 - $500
Construction Management Services
Office Technician
$65 - $108
Office Engineer
$115 - $216
'"Asst. Resident Engineer
$164 - $297
—Inspector — CM
$164 - $297
REIStructural Representative
$213 - $360
Project Manager — CM
$213 - $324
Sr. Project Manager — CM
$229 - $360
Area Manager— CM
$321 - $468
Division Manager — CM
$294 - $360
District Management Services
—Inspector — Apprentice
$69 - $104
"Inspector
$101 - $140
"Sr. Inspector
$128 - $166
Assistant Sanitary Engineer
$144 - $184
Associate Sanitary Engineer
$160 - $216
Sanitary Project Engineer
$160 - $248
Sr. Sanitary Project Engineer
$203 - $295
Operations Manager
$232 - $328
Deputy District Manager
$288 - $353
District Manager -Engineer
$321 - $374
Grant Writing Services
Funding Specialist
$158
Sr. Funding Specialist
$263
Suryey Services
Survey Intern
$65 - $112
Survey Technician
$85 - $151
Sr. Survey Technician
$98 - $186
Surveyor
$118 - $171
Sr. Surveyor
$134 - $198
Lead Survey Technician
$131 - $218
Project Surveyor
$164 - $216
Sr. Project Surveyor
$180 - $238
Survey Manager
$191 - $263
Sr. Survey Manager
$238 - $311
Survey Division Manager
$284 - $396
"Single Chief
$157 - $216
"`Single Instrumentman
$150-$191
"Single Chainman
$132 - $187
—Apprentice
$71 - $176
" 1 Person Field Crew
$157 - $216
"2 Person Field Crew
$290 - $403
* 3 Person Field Crew
$361 - $580
Drone Pilot
$220
Project Support/Coordination
Project Assistant
$72 - $108
Technical Writer
$69 - $115
Sr. Project Assistant
$101 - $137
Project Coordinator
$98 - $144
Graphic Designer
$105 - $162
Sr. Technical Writer
$105 - $176
Project Accountant
$105 - $162
Sr. Project Coordinator
$131 - 5173
Sr. Graphic Designer
$118 - $198
Sr. Project Accountant
$164 - $223
Sr. Graphic Manager
$147 - $216
Urban PlanninglLandscape Architecture Services
Landscape Intern
$49 - $90
Landscape Designer 1
$85 - $115
Landscape Designer II
$111 - $137
Landscape Architect
$115 - $198
LAUD Division Manager
$255 - $284
LAUD Project Manager
$193 - $248
Sr. LAUD Project Manager
$229 - $281
Sr, LAUD Division Manager
$268 - $317
Special Services
Expert Witness $440
Strategic Consulting $440
Note: Additional Promotional Ste s Exist within Various Rate Cate ones
OTHER DIRECT COSTS
_Reimbursabies including, but not limited to:
Reproductions, Delivery and Filing Fees Cost Plus 5% Outside Consultant Fees Cost Plus 5%
Mileage Per IRS Rate Survey Field Expenses Cost Plus 5%
'Rates subject to 2% CPl increase per agreement terms.
—These charge rates are subject to Prevailing Wage laws and Union contract.
13-29
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Mark Thomas & Company, Inc. Page C-1 13-30
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory_. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Mark Thomas & Company, Inc. Page C-2 13-31
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
Mark Thomas & Company, Inc. Page C-3 13-32
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Mark Thomas & Company, Inc. Page C-4 13-33
ATTACHMENT B
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH BGB DESIGN GROUP, INC. FOR
LANDSCAPE ARCHITECTURE SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 14th day of June, 2022 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and BGB DESIGN GROUP, INC., a California corporation ("Consultant"),
whose address is 3185 C-1 Airway Ave., Costa Mesa, CA 92626, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide professional landscape architecture
and related services. ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 13, 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
13-34
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
One Hundred Fifty Thousand Dollars and 00/100 ($150,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Upon the first annual anniversary of the Effective Date and upon each
annual anniversary of the Effective Date thereafter, the billing rates may be adjusted by
BGB Design Group, Inc. Page 2
13-35
an increase not to exceed 2.0%. Contractor shall notify City in writing of any requests for
adjustment pursuant to this Section at least thirty (30) days prior to the effective date of
such adjustment, and provide an updated schedule of billing rates reflecting the
adjustment. Adjusted billing rates shall be approved in writing by City prior to being
effective. Notwithstanding the foregoing, no billing rate adjustment pursuant to this
Section shall exceed an increase greater than 2.0% over the billing rates then in effect
immediately preceding such adjustment.
4.3 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.5 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Arthur D. Guy III to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
BGB Design Group, Inc. Page 3
13-36
fi. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to fumish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties"), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
BGB Design Group, Inc. Page 4
13-37
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
BGB Design Group, Inc. Page 5 13-38
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
BGB Design Group, Inc. Page 6
13-39
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 Computer Aided Design and Drafting ("CADD") data delivered to City shall
include the professional stamp of the engineer or architect in charge of or responsible for
the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses
arising out of, or connected with (a) the modification or misuse by City, or anyone
authorized by City, of CADD data; or (b) any use by City, or anyone authorized by City,
of CADD data for additions to this Project, for the completion of this Project by others, or
for any other Project, excepting only such use as is authorized, in writing, by Consultant.
By acceptance of CADD data, City agrees to indemnify Consultant for damages and
liability resulting from the modification or misuse of such CADD data. All original drawings
shall be submitted to City in the version of AutoCAD used by the City in .dwg file format,
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
BGB Design Group, Inc. Page 7 13-40
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be bome by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
BGB Design Group, Inc. Page 8
13-41
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Arthur D. Guy III, President
BGB Design Group, Inc.
3185 C-1 Airway Ave.
Costa Mesa, CA 92626
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
BGB Design Group, Inc. Page 9
13-42
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
29.1 If any of the Work contemplated under the Agreement is considered a "public
work", pursuant to the applicable provisions of the Labor Code of the State of California,
including but not limited to Section 1720 et seq., not less than the general prevailing rate
of per diem wages including legal holidays and overtime Work for each craft or type of
workman shall be paid to all workmen employed on such. In accordance with the
California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the Work
is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the Agreement. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department
of Industrial Relations. The Consultant is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Consultant or any subcontractor under
him/her to comply with all State of California labor laws, rules and regulations and the
parties agree that the City shall not be liable for any violation thereof.
BGB Design Group, Inc. Page 10
13-43
29.2 In such event, unless otherwise exempt by law, Consultant warrants that no
contractor or subcontractor was listed on the bid proposal for the Services that it is not
currently registered and qualified to perform public work. Consultant further warrants that
it is currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
BGB Design Group, Inc. Page 11 13-44
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
BGB Design Group, Inc. Page 12
13-45
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: ( as
By:
ar n C. Harp
CoAttorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Kevin Muldoon
Mayor
CONSULTANT: BGB Design Group, Inc.,
a California corporation
Date:
By:
Arthur D. Guy
Chief Executive Officer/President
Date:
Jeff Kraus
Chief Financial OfficerlVice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
BGB Design Group, Inc. Page 13
13-46
EXHIBIT A
SCOPE OF SERVICES
BGB Design Group, Inc. Page A-1 13-47
EXHIBIT A
SCOPE OF SERVICES
ON -CALL LANDSCAPE ARCHITECTURE SERVICES
Landscape architecture services shall include conceptual and final design of landscaping
for City capital improvement and maintenance projects, including streetscape, median,
parks, open space and other public facilities. Consultant shall have the ability to provide
in-house services, or capacity to subconsult, for the following areas:
■ Prepare conceptual design and architectural renderings
■ Provide public outreach services (i.e., town hall meetings, HOA meetings, City
Council meetings, etc.)
■ Prepare final design level landscape, hardscape and irrigation construction plans,
specifications, and estimates. Specifications shall conform to the Standard
Specifications for Public Works Construction (Greenbook).
■ Prepare irrigation calculations and studies
■ Incorporate water and energy savings design measures and value engineering
services
■ Provide bid support
■ Provide construction support and administration services
■ Prepare record drawings
■ Other landscape architecture -related tasks, as necessary
Upon written request from the City Project Administrator, Consultant shall provide a letter
proposal, in accordance with the terms of the Agreement, for specific services requested
by the City.
The Letter Proposal shall include, but is not limited to, the following:
■ A detailed description of the Scope of Services to be provided;
■ The position of each person to be assigned to perform the Scope of Services and
the name of the individuals to be assigned; and
■ The estimated number of hours and cost to complete the Scope of Services
No services shall be provided until the City Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
13-48
BGB I DESIGN GROUP
Landscape ATJiitociore Pii-,rrr,, U•Lan Du,.jr
January 26, 2022
BGB Design Group is pleased to submit our qualifications for On -Call Services to the
City of Newport Beach. Our firm was founded in 1979 by Senior Principal Bob
Borthwick and was incorporated in 1998 to include Principal Arthur Guy. Mr. Guy is
now the president of BGB Design Group, assisted by Principal Jeff Kraus, with
continuing support from founding principal Bob Borthwick.
BGB is located in Costa Mesa, and currently employs a staff of eight (8) persons. We
have a balanced workload of both public and private sector projects. BGB has a long
track record of public agency clients throughout southern California, including the cities
of Avalon, San Pedro, Rancho Santa Margarita, Redondo Beach, La Mirada, San
Clemente, Dana Point, Laguna Beach, Costa Mesa, Anaheim, Fullerton, and the
Orange County Sanitation District, among others.
For public projects we have extensive experience in designing streetscapes and
medians, parks, open spaces, trails, and other public facilities. We have received
professional awards for projects such as the Avalon Downtown Waterfront (Catalina
Island), the 2.4-mile San Clemente Beach Trail, and the Redondo Beach Esplanade.
BGB has been recognized by Metropolitan Water District for knowledge and promotion
of the "California -Friendly" plant palette, and we are on the leading edge of native plant
and adapted drought -tolerant species utilization. We understand and appreciate the
role that landscape architects play in the evolving science of landscape sustainability.
Additionally, in a supporting (as needed) role, Water Management Group can assist
BGB in site specific irrigation related technologies for drone imagery data collection,
water management planning, GPS and irrigation distribution coverage scoring.
As an On -Call Landscape Architectural Consultant for other cities, we understand that
all projects will be different. For each project, our Scope of Work will be mutually
determined by City Staff and BGB to achieve maximum public benefit and project
efficiency. As a mid -size firm, we offer direct principal -level design, construction
documentation, and management of each project.
We look forward to continuing our working relationship with the City of Newport Beach
as an On -Call Landscape Architectural firm.
Sincerely,
Arthur Guy, ASLA
President
3185-C Airway Avenue Costa Mesa, CA USA 92626 +1 714 545 2898 www.bgb-inc.com
13-49
QUALIFICATIONS — Per City RFP
• California Professional Landscape Architect license:
Arthur Guy: #2214
Robert Borthwick: #1354
• Valid City of Newport Beach business license: Yes. Business license will be
acquired.
• Minimum ten (ten) years professional engineering experience in Landscape
Architecture: BGB Design Group has 24 years of professional experience.
• Minimum of seven (7) years of professional working history with similar -sized
municipalities with satisfactory references: BGB has had successful projects with
similar -sized cities and agencies for the past 24 years. See "References" and
"Related Experience" for further information.
• Ability to provide deliverables consistent with the latest version of City -adopted
AutoCAD and other engineering / drafting -related software: BGB has provided
deliverables to the City of Newport Beach in recent years using City -adopted
engineering / drafting software.
• Familiarity with City of Newport Beach codes, standards, and provisions: BGB
has recently completed several City of Newport Beach projects, including "Hobie"
Park on PCH and streetscape improvements on University Drive and Pacific
Coast Highway, among others.
• Experience in providing professional landscape architectural services for a
coastal community: BGB has specialized in working with coastal communities,
including Avalon, Redondo Beach, Laguna Beach, Dana Point, and San
Clemente. We received professional recognition for projects in Avalon, Redondo
Beach, Laguna Beach, and San Clemente. BGB is currently working on the final
phase of the Crystal Cove Historic District on Newport Coast for California State
Parks.
Experience as lead or sub -consultant for multi -disciplinary project: BGB is
typically lead (prime consultant) for public projects and handles subconsultants
under our contract. For the $15M San Clemente Beach Trail, BGB was lead
consultant and managed seven (7) separate subconsultants. BGB has also
served as the landscape architectural subconsultant on many projects that are
managed by engineers or architects.
Experience with various regulatory permitting agencies: BGB as lead (prime)
consultant, coordinated the approval of the San Clemente Beach Trail with
eleven (11) regulatory agencies; including Federal, State, County, and local
agencies.
13-50
•
•
•
FIRM PROFILE
BGB Design Group is a Landscape Architectural, Planning, and Urban Design firm
specializing in streetscapes, parks, trails, civic buildings, and related public projects.
Public projects include the Yorba Linda Town Center, the Esplanade in Redondo
Beach, Avalon Waterfront Urban Design Plan on Catalina Island, the San Clemente
Railroad Corridor Pedestrian Beach Trail, OCSD Plant No. 2 in Huntington Beach,
Maxwell Park and Haskett Library in Anaheim, Hobie Park in Newport Beach. Ketchum-
Libolt Park and Tewinkle Athletic Complex in Costa Mesa, and Del Obispo Park
Renovation in Dana Point among others.
Related open space and environmental projects include Aliso Creek Corridor Master
Plan, Laguna Creek Restoration, Hiltscher Trail and Bud Turner Trail in Fullerton, and
the Kern River Upland restoration project in Bakersfield.
In 2017, BGB completed the Landscape Element of the Laguna Beach General Plan
and the Landscape and Scenic Highways Resource Document which was given the
APA Award of Excellence. These Master -Planning projects outlined urban design,
planting, sustainability, and related goals and policies for the city.
We are experienced in facilitating community presentations and workshops to gather
public input and to achieve consensus on planning and design decisions.
BGB has been retained by the cities of Anaheim, Fullerton, Gardena. and Newport
Beach as "on -call" landscape architects.
With over 24 years as a California "S" Corporation, we have retained a long term and
experienced staff and consistent workload that is balanced between public and private
developer projects. Over 80% of our work is from long-term and repeat clients, which
demonstrates our ability to meet deadlines and budgets, as well as providing quality
professional services and award -winning projects.
Avalon, CA ASLA National Centennial Award -Downtown Waterfront Urban Plan
4
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STAFFING and ORGANIZATION
* Resume provided: "key project personnel" will be available for the duration of the
project, acknowledging that no person designated as "key" to the contract shall be
removed or replaced without prior written concurrence of the City.
1. Arthur Guy, President (Primary Contact) "
BS Landscape Architecture Cal Poly Pomona, 1978
Licensed Landscape Architect #2214
2_ Robert Borthwick, Senior Principal
BS Landscape Architecture Cal Poly Pomona, 1969
Licensed Landscape Architect #1354
3. Jeff Kraus, Principal
BS Landscape Architecture Cal Poly Pomona, 1996
4. Nicole Nguyen, Project Manager / Job Captain *
BS Landscape Architecture Cal Poly Pomona, 2016
5. Celerino Villa, Job Captain / Designer
BS Landscape Architecture Cal Poly Pomona, 2011
6. Tony Escario, Landscape Designer
BS Landscape Architecture Cal Poly Pomona, 1999
7. Nayon Kim, Landscape Designer
BS Landscape Architecture Cal Poly Pomona, 2019
8. Stephanie Satterlee, Office Manager
Jeff Kraus
Technical Review
Tony Escario
Designer
Arthur Guy
Principal -In -Charge/
Sr. Project Manager
Nicole Nguyen
Job Captain !
Project Manager
Subconsultants
As - Required
Bob Borthwick
Project Review
Celerino Villa
Designer
8 1 P J g e
13-52
RESUMES OF KEY PERSONNEL
Name: Arthur Guy, ASLA
Position: Principal / Sr. Project Manager
Education: BS Landscape Architecture, Cal Poly Pomona, 1978
Years with BGB: 24
• Summary of Experience: Mr. Guy served as designer and Principal -in -Charge in addition
• to providing project management for the following recent select public projects:
Oak Canyon Nature Center, City of Anaheim, 2020 — present
Prime consult preparing ADA accessibility and learning lab exhibits, decks, ramps and
interpretative signage for a rustic nature setting.
• Pearl Park, City of Fullerton, 2021
• Prime consultant for new '/z-acre neighborhood park in a former vacant lot that includes,
tot lot / granite sett climbing mounds, basketball court, and picnic area with sail shade
structure, funded by State Parks Prop 68.
Julianna Park, City of Anaheim, 2021
• Prime consultant for 3/o acre neighborhood park renovation including, basketball court,
• exercise stations, picnic / BBQ, shade structure and multi -use turf area.
• Pacific Coast Highway Median Improvements, City of Newport Beach, 2020
As on -call consultant for the City, prepared design documents for a one -mile reach of
PCH, west of Newport Blvd including complete landscape and irrigation renovation.
Yorba Linda Town Center, City of Yorba Linda, 2019
As sub -consultant to Harris & Associates, provided the landscape, hardscape and
• amenity design documents for the Historical Main Street. In 2020, project was awarded
• ASCE Historical Renovation Award.
Jamboree Road Median Turf Replacement, City of Newport Beach, 2019
As on -call consultant for the City, prepared design documents for a one -mile reach of
Jamboree Rd. from Ford Rd. to University Dr., partially funded through a MWD turf
reduction program. Existing trees were retained, supplemented with drought tolerant
• gateway understory landscape and complete irrigation renovation.
• Ell Camino Real Bike Trail, City of San Clemente, 2017
This Class IV, 1.5-mile Bikeway segment connects to Dana Point and completes a near
15-year construction span, with a continuous north/south City bikeway, that commenced
with BGB's involvement with the 2.5 -mile coastal trail within the railroad R.O.W. El
Camino Real segment separates pedestrians/bikers from vehicular travel with low
• maintenance succulent and rockscape design and subterranean irrigation.
Professional Registrations: Registered Landscape Architect California #2214, Registered
Landscape Architect Nevada #488
Professional Memberships: American Society of Landscape Architects — Full Member.
• Irrigation Association — Full Member
Special Training: Certified Landscape Irrigation Auditor #81986
9 1 a ;
13-53
Name: Robert Borthwick, ASLA
Position: Senior Principal
Education: BS Landscape Architecture, Cal Poly Pomona, 1969
Summary of Experience: As founding principal of BGB Design Group in 1998, Bob
Borthwick brings decades of experience to the firm. He has received numerous
professional awards and provides design oversight to the firm. A brief list of
representative projects follows:
Avalon Waterfront Urban Design Plan — City of Avalon, Catalina Island, CA
Refurbishment of Avalon's entire downtown waterfront area. The completed project
included creating new "pedestrian -only" streets, plazas, and restoration/enhancement of
paving, decorative walls, fountains and historical artwork. Bob led the design for the
project and facilitated all public workshops and presentations. The project received
design awards from SCC/ASLA, the Los Angeles Business Council, and the Centennial
Award from ASLA/National.
Laguna Beach Landscape & Scenic Highways Resource Document/General Plan
Worked with Council -appointed Task Group and city staff to prepare an inventory of
architectural and landscape features in approximately 35 neighborhoods and districts,
and provided design recommendations to identify and preserve the visual character of
each district and the city's scenic highways. Received American Planning Association and
SCC/ASLA awards.
Fullerton Multi -Use Trails
BGB completed planning design for a series of local/regional multi -use trails in Fullerton.
Projects included Hiltscher Trail, Bud Turner (Laguna Lakes) Trail. User -groups included
pedestrians, bicyclists, and equestrians. Features included bridges, seating/picnic areas,
and native landscaping. Bob Borthwick managed these projects and led all public
workshops.
Certifications: Lifetime Instructor Credential — California Community Colleges
Professional Registration: Registered Landscape Architect #1354
Professional Memberships: American Society of Landscape Architects — Full Member.
Teaching Experience: University of California, Irvine. Extension Professor of Landscape
Architecture.
Professional Leadership:
• Chair, Cal Poly Pomona Landscape Architecture Advisory Board
• Foundation for Sustainability & Innovation: Board of Directors
• Visiting Guest Lecturer/Critic: USC Graduate School of Architecture,
Cal Poly Pomona, UCLA Landscape Architecture Extension Program
• View Restoration Advisory Committee — City of Laguna Beach
• Laguna Greenbelt: Board of Directors
10 1 ; -1 :' ,.
13-54
Name: Nicole Nguyen, ASLA
Position: Project Manager / Job Captain
Education: BS Landscape Architecture, Cal Poly Pomona, 2016
Years with BGB: 5
Summary of Experience: Nicole Nguyen received her A.A. degree from Irvine Valley
College in 2012 in Social and Behavioral Sciences. She transferred to Cal Poly Pomona
and received her B.S. degree in Landscape Architecture from Cal Poly Pomona in 2016.
As a graduating student, Nicole received the prestigious Howard O. Boltz Memorial
Award, the 2016 ASLA Student Honor Award, and the 2015 Don Brinkerhoff Scholarship.
She was a Student Teaching Assistant in studio classes for design professors.
Assistant Project Manager / Job Captain responsibilities were provided by Nicole Nguyen
on the following projects (selected list):
Crystal Cove Historic District, State of California, 2022
Provided pedestrian hardscape and landscape plans for Phase III of the site
reconstruction. This project is on the National Register of Historic Places, and includes
forty-six beach cottages from the 1920's and 30's.
Julianna Park, City of Anaheim, 2021
Prime consultant for 3/ acre neighborhood park renovation including, basketball court,
exercise stations, picnic / BBQ, shade structure and multi -use turf area.
Oak Canyon Nature Center, City of Anaheim, 2020 - present
Prime consult preparing ADA accessibility and learning lab exhibits, decks, ramps and
interpretative signage for a rustic nature setting.
Pacific Coast Highway Median Improvements, City of Newport Beach. 2020
As on -call consultant for the City, prepared design documents for a one -mile reach of
PCH, west of Newport Blvd including complete landscape and irrigation renovation.
Yorba Linda Town Center, City of Yorba Linda, 2019
As sub -consultant to Harris & Associates, provided the landscape, hardscape and
amenity design documents for the Historical Main Street. In 2020, project was awarded
ASCE Historical Renovation Award.
West Pacific Coast Hwy. Streetscapes, City of Newport Beach, 2019
Provided landscape plans for parkways and median islands for Phase I improvements
from Santa Ana River Jetty to OCSD Pump Station
Professional Membership: American Society of Landscape Architects (former Chapter
Executive Board);
Professional Recognition: Cal Poly Pomona Professional Advisory Board - Secretary.
111P,,I-
13-55
WATER MANAGEMENT GROUP SUB -CONSULTANT
Name: Geza Kisch
Position: Principal
Education: Received a BS degree from the Hungarian Horticultural University in
Gyongyos, Hungary, in 1973. Mr. Kisch received an irrigation engineering minor from
California State Polytechnic University, Pomona 1982 while conducting graduate
studies in Agricultural Engineering and Landscape Irrigation.
Summary of Experience:
Geza Kisch founded Water Management Group in 1988 to manage water resources for
large-scale water users such as municipalities, water districts, master planned
communities and golf courses. Mr. Kisch has been involved in water management, as
well as agricultural and landscape irrigation research and applications. He is
responsible for all company operations, directing Irrigation Master Planning, design,
construction documentation, and construction observation of irrigation systems
worldwide. Kisch also consults with many major irrigation manufacturers for product
development.
Mr. Kisch is a member of the American Society of Irrigation Consultants (ASIC), the
American Society of Agricultural Engineers, and was the President of the ASIC
Southern California Chapter 1991-1992. Mr. Kisch is a member of the Irrigation
Association (IA) and is an IA Certified Irrigation Designer and Water Auditor.
Mr. Kisch is also a founding Principal of Green World Solutions a sister company
specializing in GIS based landscape technologies.
Relevant project experience includes:
• City of Irvine / IRWD — Dove Creek Park Irrigation efficiency improvement
• Lake Las Vegas portfolio additions — Irrigation Master Plan, design observation
and management for hotels, film studio, lake shore,
• City of Colon - Irrigation efficiency improvement
• Huntington Library: Conducted GPS water audits utilizing PlanCheckPro
software; provided recommendations for landscape irrigation water conservation
measures.
• Tesoro Del Valle Master Planned Community: Irrigation Analysis and Planning
• Vellano Community and Country Club, Chino Hills: Irrigation Master Plan,
Construction Documentation, Construction Observation and Water Auditing
services for Greg Norman golf course and 600-acre residential community,
landscaped extensively in California native plants.
• Tejon Ranch, California: Community Irrigation Master Plan and Design.
• Inland Empire Utilities Agency (IEUA): Irrigation system GIS/GPS audit for 150
parks and golf course and complete water distribution analysis.
Previous project assistance with BGB Design Group:
• Rolling Hills Park, City of Fullerton- GPS As-builts and Distribution Efficiency
• Barton Park, City of Anaheim- GPS As-builts and Distribution Efficiency
• Pioneer Park, City of Anaheim- GPS as -built
• Edison Park, City of Anaheim- GPS As -built
12 111,1 r.
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WORK PLAN
BGB has completed several projects over the years for the City of Newport Beach. Each
project had its own intrinsic program that BGB navigated to develop thoughtful, and
community -based designs. As always, a "lessons learned" approach will be used for
future endeavors that builds on prior work to best address the needs of the community,
working in concert with City staff. As each project is unique, scope and service will
vary.
BGB has professional strengths in all aspects of landscape architecture. For irrigation,
we have a Certified Water Auditor on -staff to review our irrigation plans and coordinate
the preparation of water -use calculations and field auditing if/as necessary. BGB
utilizes Land F/X software as a 31d party overlay to AutoCAD 2015 which provides
continuous manufacturer updates to irrigation projects, nursery stocks, etc. Software
provides hydrologic calculations and quantity takeoffs at every stage of a project for
budgetary control. BGB has customized scheduling for irrigation to comply with the
current AB 1881 1.216 requirements to meet water conservation guidelines. As BGB
provides in-house irrigation design, coordination between landscape and irrigation
system hydrozones during design is transparent. Each staff member is proficient in
landscape and irrigation design to be aware of potential conflicts during the design
process.
Typical services are performed for most public work as follows:
A. Proiect Coordination: Principal level project management is provided to
coordinate work with staff and sub -consultants.
B. Records Research: Each discipline will request appropriate documentation from
the various departments and outside agencies.
C. Preliminary Design: BGB will help facilitate schematic through preliminary design
based upon the program set forth by the City as appropriate for public
presentation and / or community input.
D. Meetings / Public Outreach: BGB is experienced in public outreach and may
provide bi-lingual communication in Spanish and Vietnamese.
E. Survey: Most projects require updated or new topographical survey. BGB prefers
to utilize KDM Meridian as an independent survey firm, unless those services are
fulfilled within a sub -consulting civil firm at the discretion of the city.
F. Geotechnical Services: Depending upon the nature of the project, at the request
of the City, BGB has engaged several local geotechnical firms to provide project
specific analysis for grading, foundations, footings and pavement sections.
G. Traffic Analysis: On an as -needed basis at the direction of the city, infill projects
may require levels of analysis to determine effects of parking and / or traffic on
redevelopment. Although projects in the past primarily utilized the W.A.T.C.H.
Manual, our preferred consultant Elias Transportation (Elias Garcia formerly
worked under Mark Miller, Fullerton Traffic Engineer) may prepare TCP's at the
request of the City.
13 1
13-57
i
H. Utility Coordination: Typically, our civil and / or electrical sub -consulting firms
address utility agency coordination for water, gas, sewer, storm drain, telephone,
and electrical services.
•
•
I. Water Quality: As with all projects. WQMP issues must be addressed depending
on the impact of development BGB works directly with our civil and geotechnical
engineer(s) to map out preferred solutions with offer the most beneficial result for
the city aesthetically and economically meeting the agency requirements.
•
J. Renderings: If 1 as needed for community presentation, BGB offers any level of
3D photo -simulation renderings at the request of the city.
K. Landscape Construction Documentation: As with all projects, BGB offers 100%
•
in-house execution of landscape and irrigation design and construction
.
documentation. As with the status of climate change and state mandated water
conservation goals, BGB is an industry leader in irrigation design. Water
Management Group provides support services with GPS survey of existing park
irrigation systems and offers proprietary software evaluation of the water
.
distribution analysis for irrigation systems. This service helps the City understand
with visual analysis how efficient existing park sites are to enable constructive
renovation guidance. Typical Package includes the following:
Project Coversheet
• General Notes / Construction Notes
• Landscape Demolition Plans
• Landscape Construction Plans
• Irrigation Plans
• Irrigation Details 1 Water Conservation Calculations
• Planting Plans
• Planting Details
• Technical Specifications (CSI Format)
• Estimate of Probable Construction Costs
Bid Proposal
L. Construction Administration: As standard practice, BGB provides as requested
pre -construction attendance. submittal review and project observation in support
of city inspection to make sure contractor is in compliance with design intent.
•
M. Construction Management: Although in the past, the city has not requested
.
construction management services, BGB may provide these services through an
independent 3Id party consulting firm, Murow Development Consultants
(www.murowdc.com) or other sub -consultants, as directed.
N. Quality Control: BGB takes pride in the fact that the majority of our new work is
the result of referrals by existing and past clients. Our client base includes both
private developer and public agency clients that have spanned decades. We
believe that our long -terra client relationships are a result of not only our design
abilities, but also our commitment to schedule, budgets, and deadlines. Third
.
party peer review is incorporated into projects, as necessary, to receive unbiased
"fresh
eyes" for review. BGB has a highly experienced staff that produces quality
and error -free deliverables to the maximum extent possible.
•
141Page
13-58
EXHIBIT B
SCHEDULE OF BILLING RATES
BGB Design Group, Inc. Page B-1 13-59
EXHIBIT B
SCHEDULE OF BILLING RATES
ON -CALL LANDSCAPE ARCHITECTURE SERVICES
FEE SCHEDULE — BGB DESIGN GROUP
Billing rates set forth below shall be subject to adjustment based on CPI as set forth in the
Agreement.
Standard Hourly Rates
Principal / Senior Project Manager — Art Guy $180.00/hr.
Senior Principal — Bob Borthwick $180.00/hr.
Job Captain / Project Manager — Nicole Nguyen $140.00/hr.
Senior Landscape Designer — Cele Villa, Tony Escario $115.00/hr.
Landscape Designer — Nayon Kim $100.00/hr.
Administrative / Clerical — Stephanie Satterlee $75.00/hr.
The city shall not be billed overtime rates for BGB staff time.
City review meetings and public presentations shall be billed at standard hourly rates.
Reproduction and other approved reimbursable expenses shall be billed at cost plus 15%
overhead.
Mileage reimbursement shall not be billed to City.
FEE SCHEDULE — Subconsultants
Fee Schedule(s) for subconsultants will be provided upon request.
Subconsultants will be selected on a project -by -project basis and will be subject to City
approval. Subconsultants shall not contract directly with City, but shall be subcontractors of
Consultant.
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EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
BGB Design Group, Inc. Page C-1 13-61
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following. -
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
BGB Design Group, Inc. Page C-2 13-62
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
BGB Design Group, Inc. Page C-3 13-63
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
BGB Design Group, Inc. Page C-4 13-64
ATTACHMENT C
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH RJM DESIGN GROUP, INC. FOR
LANDSCAPE ARCHITECTURE SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 14th day of June, 2022 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and RJM DESIGN GROUP, INC., a California corporation ("Consultant"),
whose address is 31591 Camino Capistrano, San Juan Capistrano CA 92675 , and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide professional landscape architecture
and related services. ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 13, 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
13-65
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
One Hundred Fifty Thousand Dollars and 001100 ($150,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Upon the first annual anniversary of the Effective Date and upon each
annual anniversary of the Effective Date thereafter, the billing rates may be adjusted by
RJM Design Group, Inc. Page 2 13-66
an increase not to exceed the percentage change from April of the anniversary year to
April of the prior year in the Consumer Price Index ("CPI") of the Los Angeles -Long Beach -
Anaheim, CA, Area, All Urban Consumers, All Items, or successor index, as published by
the United States Department of Labor, Bureau of Labor Statistics. Contractor shall notify
City in writing of any requests for adjustment pursuant to this Section at least thirty (30)
days prior to the effective date of such adjustment, and provide an updated schedule of
billing rates reflecting the adjustment. Adjusted billing rates shall be approved in writing
by City prior to being effective. Notwithstanding the foregoing, no billing rate adjustment
pursuant to this Section shall exceed an increase greater than 2.0% over the billing rates
then in effect immediately preceding such adjustment.
4.3 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.5 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Larry P. Ryan, President
to be its Project Manager. Consultant shall not remove or reassign the Project Manager
or any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
RJM Design Group, Inc. Page 3 13-67
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties"), from and against any
RJM Design Group, Inc. Page 4
13-68
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties, or to
require a Consultant who is a design professional, as defined by Civil Code Section
2782.8(c), to provide indemnification or defense of the Indemnified parties inconsistent
with existing law. Nothing in this indemnity shall be construed as authorizing any award
of attorneys' fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
RJM Design Group, Inc. Page 5 13-69
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
RJM Design Group, Inc. Page 6 13-70
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 Computer Aided Design and Drafting ("CADD") data delivered to City shall
include the professional stamp of the engineer or architect in charge of or responsible for
the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses
arising out of, or connected with (a) the modification or misuse by City, or anyone
authorized by City, of CADD data; or (b) any use by City, or anyone authorized by City,
of CADD data for additions to this Project, for the completion of this Project by others, or
for any other Project, excepting only such use as is authorized, in writing, by Consultant.
By acceptance of CADD data, City agrees to indemnify Consultant for damages and
liability resulting from the modification or misuse of such CADD data. All original drawings
shall be submitted to City in the version of AutoCAD used by the City in .dwg file format,
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
RJM Design Group, Inc. Page 7 13-71
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
RJM Design Group, Inc. Page 8
13- 72
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at-
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Larry P. Ryan, President
RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
RJM Design Group, Inc. Page 9
13-73
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
RJM Design Group, Inc. Page 10
13-74
29. PREVAILING WAGES
29.1 If any of the Work contemplated under the Agreement is considered a
"public work", pursuant to the applicable provisions of the Labor Code of the State of
California, including but not limited to Section 1720 et seq., not less than the general
prevailing rate of per diem wages including legal holidays and overtime Work for each
craft or type of workman shall be paid to all workmen employed on such. In accordance
with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations
has ascertained the general prevailing rate of per diem wages in the locality in which the
Work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the Agreement. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department
of Industrial Relations. The Consultant is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Consultant or any subcontractor under
him/her to comply with all State of California labor laws, rules and regulations and the
parties agree that the City shall not be liable for any violation thereof.
29.2 In such event, unless otherwise exempt bylaw, Consultant warrants that no
contractor or subcontractor was listed on the bid proposal for the Services that it is not
currently registered and qualified to perform public work. Consultant further warrants that
it is currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
RJM Design Group, Inc. Page 11
13- 75
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
RJM Design Group, Inc. Page 12
13-76
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
ron C. Harp
City Attorney
ATTEST:
Date:
Az
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONSULTANT: RJM Design Group, Inc.,
a California corporation
Date:
Bv:
Leilani 1. Brown Larry P. Ryan
City Clerk Chief Executive Officer
Date:
By:
Anita Weaver
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
RJM Design Group, Inc. Page 13
13-77
SCOPE OF SERVICES
RJM Design Group, Inc. Page A-1 13-78
EXHIBIT A
SCOPE OF SERVICES
ON -CALL LANDSCAPE ARCHITECTURE SERVICES
Landscape architecture services shall include conceptual and final design of landscaping for City
capital improvement and maintenance projects, including streetscape, median, parks, open
space and other public facilities. Consultant shall have the ability to provide in-house services,
or capacity to subconsult, for the following areas:
■ Prepare conceptual design and architectural renderings
■ Provide public outreach services (i.e., town hall meetings, HOA meetings, City Council
meetings, etc.)
■ Prepare final design level landscape, hardscape and irrigation construction plans,
specifications, and estimates. Specifications shall conform to the Standard Specifications
for Public Works Construction (Greenbook).
■ Prepare irrigation calculations and studies
■ Incorporate water and energy savings design measures and value engineering services
■ Provide bid support
■ Provide construction support and administration services
■ Prepare record drawings
■ Other landscape architecture -related tasks, as necessary
Upon written request from the City's Project Administrator, Consultant shall provide a letter
proposal, in accordance with the terms of the Agreement, for specific services requested by the
City. The Letter Proposal shall include, but is not limited to, the following:
■ A detailed description of the Scope of Services to be provided;
■ The position of each person to be assigned to perform the Scope of Services and the name
of the individuals to be assigned; and
■ The estimated number of hours and cost to complete the Scope of Services
No services shall be provided until the City's Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently
perform the duties in the approved Letter Proposal.
13-79
Cover Letter
31591 Camino Capistrano
San Juan Capistrano CA 92675
%vw.v RJMdesigngroup cam
19491493-2600
i9491493-2590
January 26, 2022
Patrick Arciniega
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Community Inspired Spaces 41 IF
A
DESIGN
R M GROUP
Li
Re: RFP NO. 22-28 On -Call Professional Landscape Architecture Services
for the City of Newport Beach
Dear Mr. Arciniega:
RJM Design Group, Inc. is pleased to submit our proposal for On -Call Professional Landscape Architecture
Services for the City of Newport Beach. We are excited about the possibility of being selected for this very
important position and continuing to provide our services to the City of Newport Beach and its residents.
RJM Design Group is a multi -disciplinary landscape architectural design and planning firm with extensive
experience providing On -Call services to numerous municipal clients. We will be responsible for
coordinating and managing each of the design disciplines for any given project, monitoring the work
schedule, quality assurance and quality control, and adhering to the project schedule and budget. With
the challenges cities are facing in this Covid-19 recovery phase, RJM Design Group offers multiple virtual
communication tools, for sharing information, soliciting community input, transmitting drawings, and
maintaining contact.
RJM Design Group is proud to celebrate our 34th year in business. The key to our stability and success is
our many clients with whom we have developed long-term relationships. We are committed to continuing
our close working relationship with the City of Newport Beach staff to ensure the project development
processes run smoothly and efficiently.
Please feel free to contact me directly by phone at (949) 493-2600 or email at larryrq»rjmdesigngroup.com.
Sincerely,
RJM Design Group
Larry P. Ryan, ASLA
Principal
C,ty of Newport Beach • Or Call Professional Landscape Architecture Services 1
Firm Profile
r
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E"hL
GROUP
Established in 1987, RJM Design Group has evolved into a multi -disciplinary
landscape architectural, planning, and design firm committed to serving the needs
of cities, public agencies, and organizations throughout California. RJM is comprised
of talented Individuals with varied backgrounds and interests. Among these
dynamic professionals are licensed landscape architects, designers, and planners,
most of whom are LEED Accredited Professionals. Each person brings a unique, yet
complementary experience and passion to the firm, who will be dedicated to the
duration of the project as needed.
Firm Legal Name RJM Design Group, Inc.
Type of Business California Corporation, SBE
Number of Years in Business 34 Years (Since 1987)
CA Business License Number 12483
Contact Information (949) 493-2600
List of Owners Larry P. Ryan — President, larryr@rjmdesigngroup.com
Zachary Mueting — Secretary, zach@rjmdesigngroup.com
Principal Contact
Larry P. Ryan, larryr@rjmdesigngroup.com
Office Location
31591 Camino Capistrano, San Juan Capistrano, CA 92675
Firm Size
15 Personnel
Personnel
(10) Licensed Landscape Architects, Project Managers
(5) Technical Support
(4) Administrative Support
(3) LEED Accredited Professionals
(2) Certified Arborists
(2) FAA 107 Drone Pilots
3
_
C�. -,tal Cove State Park Newport Beach, CA (RJM Projec�
Staffing List & Resumes
�=L 4--F. RJM Design Group, Inc.
Will Provide:
Project Management, Professional Landscape
ems` Architectural Services, Overall Project
Coordination, &Administration
Principal In Charge:
'~- Larry P. Ryan
Backup Principal In Charge:
Zachary Mueting
Project Landscape Architects / Project Managers:
Craig Sensenbach
Tamara McClory
-A
Civil Engineering
civTEC
Tom Carcelli
Irrigation Design
GIasi r Design
Chris Curry
Aquatic Design
Jones & Madhavan
Nachi Madhavan
5katepark /
Pump Track Design
Newline Skateparks
Kanten Russell
Architecture
SVA
Bob Simon
Electrical
Engineering
FBA Engineers
Bill Zavrsnick
Geotechnical
Engineering
GMU
Greg Silver
Larry P. Ryan, LLA, ASLA
Craig Sensenbach PLA, LEED AP
` Principal -in -Charge
,e
(BD}C), 5A
RJM Design Group, Inc.
Principail Project Manager
Larry Ryan's passion for creating
RJM Design Group, Inc.
meaningful public spaces for people
to enjoy led him to co-found RJM
Craig Sensenbach joined RJM Design
Design Group over 30 years ago.
Group, Inc. as a Project Manager in
The long-term relationships that he
the Fall of 1993. As Project Landscape
develops and maintains with clients,
Architect, his responsibilities include
° sans decades. He has worked with
p
both planning and landscape
numerous communities throughout California and Nevada, architecture ranging from conceptual planning studies
where his project involvement encompasses all phases of
development, including the provision of As -Needed Design
through schematic design, preliminary graphics, design
Services for our municipal clients.
development, production scheduling, preparation of
construction documents, client/consultant coordination
Education
• Bachelor of Science, Landscape Architecture,
and on -site observation.
California Polytechnic State University, Pomona, CA
Licenses
• Landscape Architect / CA 2S02 / AZ 2S241 / NV 366
Parks
• Alicia Park, Mission Viejo, CA
• Aurora Park, Mission Viejo, CA
• Bonita Creek Park Renovation, Newport Beach, CA
Cedar Grove Park, Tustin, CA
• Cesar E. Chavez Park, Long Beach, CA
• Citrus Ranch Park, Tustin, CA
College Park, Oxnard, CA
• Florence Joyner Olympiad Park, Mission Viejo, CA
Grant Howald Park, Newport Beach, CA
• Heritage Park, Tustin, CA
- Long Beach Integration Plan, Long Beach, CA
• Manners Park Renovation Newport Beach, CA
• Ontario Town Square, Ontario, CA
• Portola Park, Lake Forest, CA
• Veterans Memorial Park, Carlsbad, CA
Education
• Bachelor of Science, Landscape Architecture, Caiifornia
Polytechnic State University, San Luis Obispo, CA
• Graphic Design, Laguna College of Art & Design, Laguna
Beach, CA
• Light Construction & Development Management,
University of California, Irvine Extension Program,
Irvine, CA
Licenses
• Landscape Architect / CA 2547
• LEED Accredited Professional
• International Society of Arboriculture (ISA) Certified
Arborist WE-11716A
Parks
• Bonita Creek Park Renovation, Newport Beach, CA
• Chino Hills Community Park, Chino Hills, CA
• College Park, Oxnard, CA
• Colonel Bill Barber Marine Corps Memorial Park, Irvine, CA
Grant Howald Park, Newport Beach, CA
M P k R Ni B h CA
On -Call Design Services
anners ar enovation, ewport eac ,
On -Call Design Services, City, County, & Port of San
Orange Coast College Baseball Field Renovation,
Diego, CA
Costa Mesa, CA
On -Call Design Services, City of Aiiso Viejo, CA
On -Call Design Services, City of Chino Hills, CA
Streetscapes
• On -Call Design Services, City of Fresno, CA
Anaheim Resort Area, Anaheim, CA
• On -Call Design Services, City of Huntington Beach, CA
Brookhurst Street Improvements, Anaheim, CA
• On -Call Design Services, City of Laguna Niguel, CA
Chapman Avenue, Stanton, CA
• On -Call Design Services, City of Lake Elsinore, CA
Cloverfield Blvd., Santa Monica, CA
• On -Call Design Services, City of Lake Forest, CA
Community Identity Plan, Chino Hills, CA
• On -Call Design Services, City of Long Beach, CA
Lemon Street Landscape Enhancement, Fullerton, CA
• On -Call Design Services, City of Los Angeles, CA
Lincoln Avenue Beautification, Anaheim, CA
On -Call Design Services, City of Mission Viejo, CA
Orangethorpe Avenue Landscape Renovation,
• On -Call Design Services, City of Newport Beach, CA
Fullerton, CA
• On -Call Design Services, City of Ontario, CA
Santa Ana Canyon Road, Anaheim, CA
• On -Call Design Services, City of Sacramento, CA
State College Blvd. Master Plan, Anaheim, CA
• On -Call Design Services, City of San Juan Capistrano, CA
• On -Call Design Services, City of Santa Ana, CA
City cf Newport Beach
• On mall Professional Landscape Architecture Services 5
13-84
Staffing List & Resumes (continued)
Tamara McClory, LLA
Project Landscape Architect
RJM Design Group, Inc.
Tamara McClory has been a part of
RJM Design Group since 2016. She is
a licensed landscape architect with an
exuberance and perceptiveness for
design and construction. Tamara is a
member of the District 10 California
Parks and Recteation Society and has
served on the Program and Awards Committee. Tamara
offers key client communication and team coordination
skills that contribute to the ongoing success of any project
large or small.
Licenses
• Landscape Architect / CA 6144
Education
Bachelor of Science, Landscape Architecture,
California Polytechnic State University, Pomona
Parks
• Grand Avenue Park, Chino Hills, CA
• Grant Howald Park, Newport Beach, CA
• Pacific Electric Park. Santa Ana, CA
• Peace Park, Long Beach, CA
• Playa Vista Sports Park, Los Angeles CA
Master Plans
Edison Park Conceptual Plan, Huntington Beach, CA
• El Segundo Recreation Park, El Segundo, CA
• George Izay Master Plan, Burbank, CA
• Parks and Recreation Master Plan, Cypress, CA
• Parks and Recreation Master Plan, San Fernando, CA
• Parks and Recreation Master Plan Update,
Costa Mesa, CA
• SCE Corridor Master Plan, Buena Park, CA
Urban Design / Streetscapes
• Beach Blvd Median Improvements, Buena Park, CA
• Lake Mission Viejo Fast Beach Entry,
Mission Viejo, CA
On -Call Services
• On -Call Plan Check Services, Laguna Niguel, CA
• On -Call Plan Check Services, San Dimas, CA
• On -Call Plan Check Services. Chino, CA
Bob Simons
SVA Architects
Partner in Charge/Architect of Record
Mr. Simons is the President of SVA and will serve
as the Partner -in -Charge for this project. He brings ARCHITECTS
over 35 years of professional experience. and has a
dedicated portfolio of civil and public projects, ncluding City
Recreation Centers, Conference Centers, Fire Stations, Senior
Centers, Libraries, and Community Focused Facilities. He will
oversee the programming, planning, design, and construction
administration.
Education
• Bachelor of Architecture, California Polytechnic State University.
San Luis Obispo. San Luis Obispo, CA
Licenses
• California Architect License C-18301
Relevant Project Experience
County of Los Angeles Quartz Hill Library, Quartz Hill. CA
The project is a 12,000 SF library on a T 2-acre site This new
facility will replace the undersized 3,500 SF facility that currently
serves more than 10,000 residents Project is targeting LEED
Silver certification
La Habra Civic Center La Habra. CA
The project relocated the existing civic center to a business
complex as it had outgrown its space over the years The
two-story office complex was fully converted to a new
City Hall which houses administration finance, community
development, public works, and engineering, along with a Post
Office and an art museum,
Orange County Public Works Various Cn-Ca i Projects.
Orange County, CA
SVA is currently providing services for seven of OCPW s
projects, among which are a park shelter replacement, an
amphitheater remodel, multiple library modernizations and
furniture specifications for all branches, juvenile hall security
camera upgrade and the master plan for the Dana Point Harbor
revitalization
Margarita Recreation Center, Temecula CA
The new 8,500 sq ft. single -story will include a multipurpose
room, dance/fitness room, classroom, kitchen, separate main
and pool offices, restrooms with showers and changing areas
family restrooms and storage. It will also include an outdoor 2S-
yard pool which will include a zero -depth entry and diving board.
San Ysidro Library, San Diego, CA
The project involves design and construction of a new single -
story library of approximately 1S,000 square feet and the
restoration of the existing designated historic home The library
building will consist of areas including, Multipurpose Room,
Adult/ Young Adult Area, Children's Area, & Staff Support Areas.
La Sierra Senior Center Riverside, CA
This state -of the -art facility is designed to function as an active
senior community clubhouse as well as a facility for various
community activities There is a 5,3S0 sq. ft. 'banquet hall with
a stage that also features a full kitchen to accommodate the
senior nutrition program.
b ' Cite of Newport Beach • On -Call Professional Landscape .Architecture Services
13-85
Tom Carcelli
Civil Engineer �%
civTEC
Tom Carcelli has over 25 years of experience in the civil
engineering field with particular emphasis on parks and
recreation, commercial/industrial, education and public
works projects His extensive design and management
experience in all phases of civil engineering for land
development projects throughout Southern California
includes grading, water quality, hydrology, hydraulics,
storm drain, water/sewer, survey/mapping and street
design. Tom has been in charge as a project manager on
over 100 projects from master planning to construction
with RJM Design Group over the past 20 years.
Education
BS, Civil Engineering, University of California, Irvine, 1988
Masters in Architecture, California State Polytechnic
University, Pomona, 1994
Licenses
Registered Civil Engineer/CA ::81640
Qualified SWPPP Developer (Q5D) - C-81640
Relevant Project Experience
CivrE,-- was the Engineer of Record on all projects listed heiov.
providing Field Survey and Civil Engineering [Construction
Documents including precise grading plans, storm drain. sevver
and water plans, erosion control and horizontal control plans.
civTEC also provided the required WQMP and Hydrology
Hydraulic Reports:
Esencia Sports Park. Rancho Mission Viejo. CA
Rancho Mission Viejo constructed a master planned thirty
acre sports park with both private and public amenities
The sports park also offers community aquatic facilities
overlooking the park complete with iestrooms, a splash
pad, lap pool, open recreation swim, and BBQ and cabana
lounge areas.
Anthony Munoz Community Center. Ontario CA
The City has demolished the existing Community Center
at Anthony Munoz Park to construct the new Anthony
Munoz Community Center, featuring a larger pool and
deck area. The renovation will increase the center's size
from 2,S00 square feet to approximately 13,000 square
feet
Marguerite Aquatic Complex, Mission Viejo, CA
The City undertook a total renovation of their Marguerite
Aquatic Complex the training center and competiticn
home of the Mission Viejo Nadadores The new comp e=
provides a S0-meter x 25-yard competition pool with eight
9 foot lanes and a 25-meter by 2S-yards warm-up pool
A third pool provides additional 25 yard lanes for warm-up
and training. Southern California.
Yorba Linda Adventure Play, Yorba Linda, CA
The City of Yorba Linda has undertaken a total renovation
of their Yorba Linda Adventure Flay The renovatior wat=r
featires include a 4vater slide to, er and %et pad fe• - n.
Chris Curry GLASIR DESIGN
Principal,
Irrigation Designer
Glasir Design
Chris Curry has over 1S years experience
in irrigation design, landscape architecture, and landscape
construction, His focus is on the efficient use of water
in the landscape. He has been rewarded for his efforts
by being chosen by the United States Environmental
Protection Agency as the WaterSense Irrigation Partner
of the year for 2011, He is only the second irrigation
design consultant chosen for this award that shows his
commitment to the environment through sound water
conservation practices. Chris is a leader in the irrigation
industry. His expertise is called upon by manufacturers,
cities, and
water districts.
Education
Bachelor of Science, Landscape Irrigation Science,
California State Polytechnic University, Pomona, CA
Parks
C,rant Howald Park, Newport Beach. CA
Portola Park & Dog Park Lake Forest. CA
• Central Park Master Plan Update Rancho Cucamonga, CA
Worthy Park Renovaticn Huntington Beacn. CA
Los Amigos Park, Rancho Cucamonga, CA
Admiral Kidd Seaside Park Field Reno, Long Beach, CA
Redhawk Dog Park Improvements. Temecula, CA
Sports / Aquatics Facilities
Drake Chavez Soccer Field, Long Eeaeh. CA
Bonita Creek Field Renovation, Newport Beach. CA
Lake Forest Sports Park, Lake Forest. CA
Nortn Beach Improvements. Lake Mission Viejo Assoc CA.
• Central Park Tennis Compie>: Santa Clarita. CA
Fdlmore Aquatics & Tennis Comple% Filimore CA.
Santa Clarita Sports & Aquatic -enter Santa Clarita CA
On -Call Plan Check Services
)n Call Plan Check Services Aliso Viejo. CA
On Call Plan Check Services. Chino, CA
On,Call Plan Check Services. Laguna Niguel, CA
On Call Plan Check Services Missior Viejo CA
On -Call Plan Check Services. San Dimas CA
Jn Call Plar Check Services Whittier CA
Designation
US Environm_nta
Irr,gahon Par- = atersense
?rr gat on
Certifications
Irrigation Association (IA) Certified ki igation Designer (.CID)
in Commercial Irrigation Design. Golf irrigation Design,
and Landscape Irrigation Auditing
Memberships
Professional Member of the American Soviet,. of Irrigation
Consultants - 2C11 Southerr California
City cf Newport Beac • '_'n.(_ail Prciess°oval LandSCape ArChiteCture Services 7
13-86
Staffing List & Resumes (continued)
Willian-zzavrsnick, FBA ENGINEERING
LEED APLLA, ASLA
Electrical Engineer
FBA Engineering
William Zavrsnick has 30 years of experience and has been
active in the electrical engineering field since joining FBA in
1985. His experience includes the electrical design of Public
Works, Parks and Recreation Facilities. He is particularly
experienced in the design and development of electrical
power distribution, general, specialized and event power
systems, outdoor, security and sports field lighting systems,
lighting photometric studies, phased construction projects
and fami',ar with public bid type projects and construction.
Education
• BS Civil Engineering/Mount Hood College, Oregon
Certifications
LEED Accredited Professional — LEED AP
• Illuminating Engineering Society — IES
Institute of Electrical and Electronic Engineers -
IEEE American institute of Architects - AIA
• Electrical Engineering — Los Angeles County
Relevant Project Experience
• Bommer Canyon Community Park, Irvine, CA
• Bonita Creek Field Renovation, Newport Beach, CA
• City Park Improvements, Lake Elsinore, CA
• Civic Lot Multi -Purpose Sports Field,
Santa Monica, CA
• El Dorado Park & Nature Center, Long Beach, CA
• Esencia Sports Park, Rancho Mission Viejo, CA
• Grant Howald Park, Newport Beach, CA
• Hero's Park, Lake Forest, CA
• Joe Baiderrama Park, Oceanside, CA
• Kraemer Memorial Park, Placentia, CA
• Laguna Hills City Parks, Laguna Hills. CA
• Lake Forest Neighborhood Parks, take Forest, CA
• La Placita Parkette, Placentia, CA
• Los Amigos Park Santa Monica, CA
• Los Serranos Park, Chino Hills. CA
• Marchant Park, San Dimas, CA
McFadden Park, Placentia, CA
Murdy Park, Huntington Beach, CA
Portola Park, Lake Forest. CA
• Portola Springs Park, Irvine, CA
Kanten Russell
Project Manager,
Senior Designer
New Line Skateparks
New Line Skateparks ,established 2001) NEWUNE
is North Americas Premier Youth Park/
Skatepark Development Firm. With over 3S0 highly
recognized projects around the world, we are proud to
serve as one of the Nation's longest running and most
experienced concrete youth multi -use park design -build
teams. Our staff is comprised of registered landscape
architects, engineers, planning experts, and construction
professionals who are passionate about the work that we
do.
Education
Associate Science, Engineering Survey & CAD Design,
Cuyamaca College, San Diego, CA
Relevant Projects
• USMC Miramar Outdoor & Adventure Park, San Diego.
CA
Kanten managed design services for the development
of a comprehensive outdoor adventure park that
includes paintball fields, rock climbing, repelling,
skateboarding, BMX racing, park conditioning,
shade structures, children playground, concession
stands, access roads, parking, solar lighting and
drought tolerant landscape concept. The design
vision minimizes and controls storm water runoff
through the use of porous and natural surfaces and
minimal disturbance to the natural terrain and use of
composing restroom location.
• Amelia Mayberry Skatepark, Whittier, CA
The product of public advocacy and planning by
the Municipality, this modern, fully integrated and
site specific concrete skatepark has already become
a celebrated facility for local community and a
destination for riders across the region. This skate plaza
has a - less is more - open concept with intersecting
lanes that address the request from locals to have a
variety of ledges and rails. The urban style terrain pays
homage to what locals enjoy skating in the streets
of Whittier, Completed in 2020, this park is already a
destinations for skate-boarding's top professionals and
amateurs.
Alga Norte Community Park Skate Park. Carlsbad CA
Kanten managed designs for the City of Carlsbad's
historical Skate Park. This park required a very inclusive
community input program, which drive the design to
include elements of the existing urban fabric including,
a southwestern color palette reflecting the prevalent
Spanish style architecture. Additionally, a transition
arch with a doorway was inspired by the shapes
of Carlsbad's historic aesthetic
C,:y of Newport Beach • On -Call Professional Landscape Arc h--ecture Se-, ices
13-87
Nachi Madhavan, AIA Ili
Principal, Water Feature Design
Jones & Madhavan
Jones & Madhavan Architecture Engineering is )ONES &
r.IADHAVAN
a multi -disciplinary design firm dedicated to t
providing the highest quality architecture and
engineering services for public aquatic facilities. Since being
founded in 1990, JMAE has repeatedly demonstrated its
ability to design modern aquatic facilities that meet the ever
changing needs of its users. Mr. Madhavan will oversee the
design and construction administration.
Education
Bac` r of Science 1983, California Polytechnic
State University, San Luis Obispo, CA
Licenses
• California, Architect 4C25855
Relevant Project Experience
Aigin Sutton Recreation Center, Los Angeles, CA
Replacement of an aged community pool with a new splash pad
and 25-yard x 120' pool capable of accommodating competitive
swimming diving and water polo as well as instructional
swimming and recreational swimming, Responsibilities included
design of the aquatic components.
Crespi Carmelite High School, Encino, CA
Construction of a new 50-meter by 25-yard deep water pool
capable of accommodating national level competitive swimming
and water polo. The facility also included a 65-foot plunge pool
for recreation. Responsibilities included design of the aquatic
components.
I Mandel Aquatic Center at Occidental College, Los Angeles,CA
Construction of a new 3S-meter by 25-yard pool capable of
accommodating competitive swimming, diving and water polo
to NCA.A national standards. The pool included a circular shallow
water area for recreational swimming Responsibilities included
design of the aquatic components.
Harvard Park Aquatic Center, Los Angeles, CA
Replacement of an aged community pool with a new 25-yard
competition pool and a 2,650SF recreation pool having zero
depth entry, interactive features and waterslide. The project also
included a 3,900SF bathhouse building. Responsibilities included
design of the building and aquatic components.
Hemingway Aquatic Center, Carson, CA
Construction of a new facility that included a 2S-yard competition
pool, 1,800SF activity pool with zero depth entry and a 750SF
slide pool with dual flume waterslide. The facility also included
a 4.000SF bathhouse building and i.500SF mechanical buiiding.
Responsibilities included design of the budding and aquatic
components.
Repplier Aquatic Center, Banning, CA
Replacement of an aged community pool with a new 2S-yard
pool having a lap swim area, waterslide landing area and zero
depth entry area with interactive water features. The facility also
included a 2,400SF restroom budding, 2 60CSF officeimechanical
and concessions building. Responsibilities included design of the
budding and aquatic components
City of Newport Beach - On -Call Professional Landscape Architecture Services 19
Gregory Silver M.SC., PE, GE 44""l 1
President/CEO V IVi u
Geotechnical Engineer
GMU Geotechnical, Inc.
Mr. Silver has over 30 years of progressively responsible
engineering and management experience in a wide
variety of geotechnical engineering projects. He has
worked successfully for and with industrial, residential,
and commercial developers, master community
planners, and governmental agencies. He has extensive
experience in landslide evaluation and remediation design,
geotechnical instrumentation, residential and commercial
development, public works projects, municipality
consultation, mechanically stabilized earth walls, and
forensic projects. In addition, he has served as an expert
witness in regards to numerous geotechnical issues over
the last 25 years. Over the period of 1988 to 1997. Mr.
Silver was City Geotechnical Engineer for numerous cities
throughout Southern California. Currently, Mr. Silver serves
as President and Principal Engineer of GMU. Mr. Silver is a
past president of CalGeo - a 100 member firm statewide
organization.
Education
M,S. Civil Engineering - California State University,
Long Beach, CA
B.A. Geological Sciences - University of California at
Santa Barbara, CA
Registrations
Registered Civil Engineer - State of California
Registered Geotechnical Engineer - State of California
Registered Civil Engineer - State cf Nevada
Professional Affiliations
President for the California Geotechnical Engineers
Association (CGEA)
Relevant Project Experience
• Bonita Creek Field Renovation, Newport Beach, CA
Dog Park Feasibi€ity and Concept Plans, Mission Viejo,
CA
Esencia Sports Park, Ranch Mission Viejo, CA
Founders Park, Madera Ranch, CA
• Grant Howald Park, Newport Beach, CA
• Hilltop Club at Esencia, Rancho Mission Viejo
• Jurupa Valley Aquatic Center, Riverside County, CA
Park Feasibility Studies, Mission Viejo, CA
Pavion Park Restroom Addition, Mission Viejo, CA
Santa Clarita Sports Complex & Aquatic Center,
Santa Clarita, CA
Sendero Core Recreation Site, Rancho Mission Viejo,
CA
• Sendero Field, Rancho Mission Viejo, CA
• Tierra Grande Park, Talega, San Clemente, CA
13-88
Qualifications & Advance Notice Requirements
RJM Design Group offers landscape architectural and design services, specializing in parks
and recreation and other public facilities. At RJM, we are nearing our 3Sth year of professional
experience in working with counties, cities, and other public sectors. RJM's mission is to assist
communities in the planning and design of environments that enhance the quality of life for all. Our
goal is to implement the vision of the clients and the communities we serve by designing creative,
functional, and fun Community Inspired Spaces.
The key to our stability and success are our many clients with whom we have developed long-term
relationships. Throughout the years, we have had the good fortune to be selected as a pre -qualified
"On Call" consultant to numerous counties, cities and agencies. These include the cities of Mission
Viejo (28 years), Long Beach (2S years), Chino Hills (18 years), Aliso Viejo (1S years), Lake Forest (12
years), Los Angeles Public Works (12 years), Huntington Beach (10 years), San Dimas (10 years),
Ontario (9 years), Port of San Diego (9 years), County of Los Angeles (9 years), Newport Beach (6
years), and Whittier (6 years).
Through this experience we strive to:
• Work closely with our client to develop a clear understanding of project goals
• Provide adequate staffing to provide service to clients on a short notice
Develop a comprehensive scope and fee summary with the necessary specialty consultants
Develop a project schedule that identifies all important project milestones (plan submittals,
review periods, public presentations, other agency interactions/review, approvals, etc.)
• Exceed your expectations in providing comprehensive and well -coordinated design services
QUALITY ASSURANCE
The success of RJM Design Group can best be measured by our numerous Ion term relationships
with our valued clients. In order to foster these relationships, our goal is to produce a high -quality
product in the most effective manner possible by utilizing our proven QA/QC procedures.
Our Quality Assurance Program is process -oriented and begins with experienced staff along with our
firm's commitment to ongoing education. Our experience is based on hundreds of successful projects
and gratified clients. Our staff is encouraged to continually pursue expanding their current knowledge
base in order to allow us to be at the forefront of our industry. Continuing education is pursued in the
following areas:
AIA - American Institute of Architects
Arborist Certification
ASLA - American Society of Landscape Architects
CPSI - Certified Playground Safety Inspector
LEED - Sustainable Practices
PSMJ - Project Management
QSP & QSD - Qualified SWPPP Practitioner and Developer
STMA - Sports Turf Managers Association
In addition to our well-educated and seasoned professionals's our thorough understanding of the
project development process. This allows us to share information with our consultant team and clients
so that our projects evolve in a proactive and well -orchestrated manner. Communication among staff,
team members and client include the following project parameters:
Project Goals - clearly identified.
Program Needs - confirmed with the client.
Schedule - a project schedule is established at the onset which outlines the process evolution,
major milestones, submittal dates, reviews, approvals, bid, construction, project opening, one-
year follow up/review.
Budget - understanding the budget is critical to a project's success. The project budget is clarified
(client staff, consultant fees, entitlement costs, construction costs, etc.) versus construction
budget.
Construction Estimates - RJM maintains an extensive library of unit costs that are acquired
through our numerous public bids, as well as from specialty consultants and independent cost
estimators- This allows our preliminary opinion of probable construction costs to accurately reflect
the anticipated contractors' bids -
Our office environment is an open studio that allows for continual sharing of ideas and collaboration
between our experienced principals, project managers, and staff members. We believe that this
interaction promotes effective communication that is vitally important to the success of every project.
Team meetings are scheduled at regular intervals to ensure that accurate communication on key
project aspects is shared and understood. Other methods of project communiation include email,
telephone/conference calls, in -person meetings, and video-conferencing, as appropriate.
Noteworthy to RJM and unique when compared to other firms, is that the same design team,
individual staff members responsible for all preliminary design phases, will continue on and retain
responsibility for the preparation of the final construction documents. We believe that this approach
allows for a more consistent and accurate method of ensuring that all of those special details
discussed in the design phase are carried throughout the final construction document process. This
method is fundamental for maintaining quality assurance, limiting change orders, and effectively
controlling construction costs.
The continual monitoring of project evolution provides the ability to confirm that appropriate progress
is being made on an ongoing basis. This review is instrumental in confirming that project goals,
program needs, schedules and budgets are as intended and that unforeseen changes. "curve balls", do
not occur inappropriately. _ _ ___
13-90
Qualifications & Advance Notice Requirements (continued)
QUALITY CONTROL PLAN
Our open office ''bullpen'' setting is especially conducive to regular milestone reviews and
monitoring of a project. This review plays a central role in our quality control effort. The importance
of plan review, checking, and cross-checking cannot be overemphasized, given the complexity and
time constraints under which construction documents are often produced. Our review benchmarks
include:
• Documents are comprehensively checked at key milestones and regular intervals.
• One person checks all important dimensions, gradients and uti}ity infrastructure,
• The person responsible for the drawings reviews the specifications, and the specifier
reviews the drawings.
• Regular consultant team meetings are held to review the documents produced by each for
coordination (utility, civil, electrical, etc.)
• The Principal Landscape Architect will be ultimately responsible for all work produced
under his or her direction. A constant review process is implemented in all phases of the
work.
The Client is involved in reviewing plans at regular intervals and approving the construction
documents before they are issued for bid.
Another integral component in our quality control process is the utilization of our "RJM lessons
learned checklist." This checklist contains the learning experiences that we have encountered over
34 years of project development. It is a useful tool that allows us to systematically review our work
and that of our consultant team to ensure that we are applying the collaborative experience learned
to the benefit of our projects.
In addition to our in-house quality control efforts, we are also continually teaming and applying the
ongoing "lessons learned" from our outside plan check services provided to multiple agencies. This
methodical approach to outside projects gives us the unique advantage of reviewing our own plans
and specifications with an impartiality that allows for a fresh and unbiased evaluation.
COMMUNICATIONS APPROACH
An assigned Project Manager from RJM Design Group for the specific project will be the main
point of contact with the City for the life of the project. RJM Design group will act as the project
lead and main coordinator for all project deliverables. All communications from sub consultants
will be conducted through RJM Design Group.
1. Consultants can participate in online virtual meetings via Zoom, Microsoft Teams,
or other video conferencing applications. Meetings to be held at regular intervals during
the early phases of the project and continue on an as -needed basis thereafter to assess
progress and provide direction throughout the performance of the services and preparation
of the project deliverables.
2, RJM will prepare all meeting agendas for identified scheduled meetings with the City
and provide a summary of key issues with action items (meeting notes) discussed at each
meeting.
p . , n a _ .. s. rJS rchi ecture j, r ices
13-91
COMMUNITY OUTREACH AND EDUCATION
Keeping our community services running faces significant challenges today. Develop your
communications plan with easy -to -deploy tools that enable a two-way dialogue with your
community. With the following tools at your disposal you can successfully implement your
communications plan. Whether you are prioritizing reopening of community facilities or developing
new projects these tools will help bring the community together in a safe virtual environment.
Public Communications Portal: Develop a single point of connection for your community to weigh
in on issues, share feedback, and discover resources with dynamic mapping, infographics, videos,
and surveys. Build a controlled dialogue with your community to keep there informed and solicit
information necessary for the success of any project.
Virtual Town Hall Meetings: Expand your outreach through a series of pre-recorded and live
meetings online. Share updates, project news, timelines, and even build consensus with direct
live online polling, Virtual town hall meetings are an easy way to keep your community informed
through existing social media platforms supplemented with RJM's live broadcast and polling
resources.
Virtual Facility Tours: Not every site is accessible to the public. To accurately convey a sense of
place and truly inform participants of the potential opportunities whether it be a new project site
tour, a grand opening, or construction updates. Incorporating 360 videos and photos can bring a
new environment to anyone anywhere.
Live Online Polling: Today everyone is busy. Community meetings do not often fit in our schedules.
Weather it is youth sports, late work schedules, national sports, elections, or even national stay at
home directives, LIVE polling enables everyone to take part from their smart phone or PC and share
their ideas. Participants can vote LIVE creating a community consensus in real time.
Mapping Community Needs: Not just any simple Q&A internet survey. RJM employs specific
ESRI survey tools to create in depth surveys where participants can answer questions in new and
innovative ways. The results are geolocated and mapped to identify where specific needs are in the
community. Infographics are developed to share results back with the community. Our goal is to
provide a comprehensive community outreach process that maintains the vision and expectations
of those using the park now and in the future.
EXHIBIT B
SCHEDULE OF BILLING RATES
RJM Design Group, Inc. Page B-1 13-93
EXHIBIT B
SCHEDULE OF BILLING RATES
ON -CALL LANDSCAPE ARCHITECTURE SERVICES
Fee Schedule
GROUP,RJM DESIGN
Principal Landscape Architect
$190 - $210 per hour
Associate Landscape Architect
$170 - $180 per hour
Landscape Architect
$155 - $165 per hour
Job Captain / Landscape Designer
$140 - $150 per hour
CADD Technician / Graphics
$125 - $135 per hour
Clerical
SVA ARCHITECTS
$95 per hour
$255 per hour
Partners
Principals
$210 per hour
Sr. Project Architect / Manager
$195 per hour
Sr. Project Designer
$195 per hour
Project Architect / Manager
$175 per hour
Project Designer
$175 per hour
Job Captain
$155 per hour
Intermediate Technical Designer
$125 per hour
Junior Technical Designer
$10o per hour
Administrative Staff
$75 per hour
$185 per hour
Principal
Project Manager
$150 per hour
$125 per hour
Project Engineer
Project Surveyor
$120 per hour
Design Engineer
$100 per hour
Draftperson
Project Assistant
$75 per hour
$60 per hour
2-Man Survey Crew
$265 per hour
3-Man Survey Crew
$345 per hour
VICY-111111910
On -Site Consulting
$135 per hour
$110 per hour
$110 per hour
Irrigation Designer
Plan Check
$210 per hour
Principal / Project Director
V.P. / Senior Associate
$160 per hour
Associate / Project Manager
$160 per hour
$135 per hour
Construction Support
13-94
Electrical Designer
$110 per hour
CAD 1 BIM Designer
$90 per hour
Technical Typist
DESIGN)NEWLINE (PUMP TRACK
Principal Director of Operation
$50 per hour
$180 per hour
Project Manager
$120 per hour
Design Director
$120 per hour
Design Production
• j W IY
Principal Architect
$100 per hour
$190 per hour
Principal Mechanical Engineer
$190 per hour
Architectural Designer
$115 per hour
Mechanical Designer
$115 per hour
CAD Draftperson
$90 per hour
Clerical
$60 per hour
GMU (GEOTECHNICAL ENGINEERING) 'ANON"
Principal 1 Director
$280 per hour
Associate Engineer or Geologist
$255 per hour
Senior Engineer or Geologist
$235 per hour
Project Engineer or Geologist
$200 per hour
Senior Staff Engineer or Geologist
$180 per hour
Staff Engineer or Geologist
$165 per hour
CAD 1 GIS Design Engineer
$120 per hour
Document Preparation and Project Services
$105 per hour
Charges for subconsultant services are billed at cost plus a 15% coordination fee.
Billings for all time and materials and contract extension work shall be in accordance with the
level of work performed based on the categories listed above.
Rates shall be subject to any CPI increases as stated in the Agreement.
13-95
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
RJM Design Group, Inc. Page C-1 13-96
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
RJM Design Group, Inc. Page C-2 13-97
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20380413.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
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insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
RJM Design Group, Inc. Page C-4 13-99
ATTACHMENT D
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH RDC-S111, INC., DBA STUDIO ONE ELEVEN FOR
LANDSCAPE ARCHITECTURE SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 14th day of June, 2022 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and RDC-S111, INC., a California corporation DBA STUDIO ONE
ELEVEN ("Consultant"), whose address is 245 East 3rd Street, Long Beach, California
90802, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide professional landscape architecture
and related services ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 13, 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available,
13-100
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant
shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter
Proposal, if any, or perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
One Hundred Fifty Thousand Dollars and 001100 ($150,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
RDC-S111, Inc. DBA Studio One Eleven Page 2 13-101
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement and the Letter Proposal or
specifically approved in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Kirk Keller, ASLA, LEED
AP to be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval shall
not be unreasonably withheld with respect to the removal or assignment of non -key
personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All
Services shall be performed by qualified and experienced personnel who are not
employed by City. By delivery of completed Work, Consultant certifies that the Work
conforms to the requirements of this Agreement, all applicable federal, state and local
laws, and legally recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties"), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or its principals,
officers, agents, employees, vendors, suppliers, subconsultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may be
liable, or any or all of them.
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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.
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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
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compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 Computer Aided Design and Drafting ("CADD") data delivered to City shall
include the professional stamp of the engineer or architect in charge of or responsible
for the Work. City agrees that Consultant shall not be liable for claims, liabilities or
losses arising out of, or connected with (a) the modification or misuse by City, or anyone
authorized by City, of CADD data; or (b) any use by City, or anyone authorized by City,
of CADD data for additions to this Project, for the completion of this Project by others, or
for any other Project, excepting only such use as is authorized, in writing, by Consultant.
By acceptance of CADD data, City agrees to indemnify Consultant for damages and
liability resulting from the modification or misuse of such CADD data. All original
drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg
file format, and should comply with the City's digital submission requirements for
improvement plans available from the City's Public Works Department.
17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy
of such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
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20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate
of return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
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25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Kirk Keller, ASLA, LEED AP
RDC-S111, Inc., dba Studio One Eleven
245 East 3rd Street
Long Beach, CA 90802
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
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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.
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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.
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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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S. OFFICE
Date: tf:, 4
By: Fr)
AA ar n C. Harp cA'M0414"n.
C t Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONSULTANT: RDC-S111, Inc., a
California corporation, DBA Studio One
Eleven
Date:
Bv:
Bradley Williams
Chief Executive Officer
Date-
By -
Ian Denny
Secretary 1 Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
RDC-S111, Inc. DBA Studio One Eleven Page 13
13-112
EXHIBIT A
SCOPE OF SERVICES
ON -CALL LANDSCAPE ARCHITECTURE SERVICES
The following is a list of landscape architecture services that may be required:
Landscape architecture services shall include conceptual and final design of
landscaping for City capital improvement and maintenance projects, including
streetscape, median, parks, open space and other public facilities. Consultant shall
have the ability to provide in-house services, or capacity to subconsult, for the following
areas, including but not limited to:
■ Prepare conceptual design and architectural renderings;
■ Provide public outreach services (i.e., town hall meetings, HOA meetings, City
Council meetings, etc.);
■ Prepare final design level landscape, hardscape and irrigation construction plans,
specifications, and estimates. Specifications shall conform to the Standard
Specifications for Public Works Construction (Greenbook);
■ Prepare irrigation calculations and studies,
■ Incorporate water and energy savings design measures and value engineering
services;
■ Provide bid support;
■ Provide construction support and administration services;
■ Prepare record drawings; and
■ Other landscape architecture -related tasks, as necessary.
Consultant shall perform the on -call services as described in this Scope of Services.
Upon written request from the City Project Administrator, Consultant shall provide a
letter proposal for specific services requested by the City (hereinafter referred to as the
"Letter Proposal").
The Letter Proposal shall include, but is not limited to, the following:
■ A detailed description of the Scope of Services to be provided;
■ The position of each person to be assigned to perform the Scope of Services and
the name of the individuals to be assigned; and
■ The estimated number of hours and cost to complete the Scope of Services.
No services shall be provided until the City Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties as set forth in the approved Letter Proposal.
RDC-S111, Inc. DBA Studio One Eleven Page A-1 13-113
studioneleven
January 26, 2022
Patrick Arcn ega
Senior Civil Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
949-644-3347
parciniega@newportbeachca.g
RE: On -Call Professional Services
Dear Mr. Arciniega and Members of the Selection Committee,
We are pleased to provide Studio One Eleven's qualifications and proposal for On -Call Landscape Architectural Services.
i
Studio One Eleven is an integrated practice of architecture, landscape architecture, and urban design -- committed to the
transformation and revitalization of cities in Southern California for over 20 years.
In our response that follows, we will demonstrate our experience in facilitating successful outcomes, working directly
in partnership with with city agencies and other municipal organizations to design and document small and large-scale
projects. We understand the complexity involved in delivering projects at a municipal level, and have a long history of working
with internal and external stakeholders to establish consensus.
Studio One Eleven is well positioned to help the City of Newport Beach achieve its goals for their'on-call' protects, Our
team has extensive experience transforming existing urban spaces, including renovations, changes -of -use, and expansion
in project scale. We are a full -service firm, capable of performing all phases of work, ranging from initial concept design
options and renderings to the preparation of construction documents and technical specifications for public bid notice
■
and award. Our technical staff is well versed in coordinating various disciplines and representing our clients during the
construction contract administration phase of a protect. We are also a trusted resource for numerous public agencies ,n
Southern California for on -call and peer review services.. As recognized leaders In the field of urban design and community
engagement, coupled with a nimble and innovative design team, we believe we can be a valuable partner to the City and are
capable to provide service on short notice.
We would like to thank the City of Newport Beach for the opportunity to submit our qualifications for On -Call Landscape
Architectural Services and look forward to further discussions regarding our experience and any upcoming opportunities.
Should you have any questions, or need additional information, please do not hesitate to contact me at kirk.keller@
studio- Ill .com, or (562) 247-6206, as an authorized representative of the firm.
■
,
Sincerely,
Kirk Keiser, ASLA, Associate Principal
IN
Senior Studio Director, Landscape Architecture
Studio One Eleven
Contact Information: Studio One Eleven Kirk Keller, ASLA, Assoclat a Principal
245 East Third St t: :000 0.
Long Beach, CA 90802e
CREATING nwre limble
simmir able cry d erWaging cities
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Studio One Eleven Our Methods:
Corporate name: RDC-S111 me (dba as Studio One Eleven) We use our tested tools for planning and effective
wwwstudio- 111.com community engagement.
Services: Pilot projects and temporary demonstrations
Architecture Experiential events and pop-up happenings
•
Urban Design + Planning
Custom community engagement tools and
Landscape Architecture
installations
S _y We focus on sustainability and community engagement, Collaborations with innovative consultant partners
with a singular focus on the revitalization and repair of
• existing cities
Partnerships to leverage opportunities with key
community stakeholders
20+ Years
Measuring and monitoring the impact of our projects
in Business to better understand outcomes and how they meet
the needs and goals of clients and communities
48 Employees Our Practice Themes:
comprised of licensed architects, planners, landscape
architects, sustainabilay experts and graphic designers incising for All
Up to six employees are available to work on various Budding Community + Place
projects at any given time. Renewing the Public Realm
• 21st century mobility
150+ Awards Equitable Practice
and commendations from numerous professional and
Community associations
. . .1 y.4 1 1111111111k'- 1.. .1--1 a. *,..
4
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s
Firm Qualifications
Studio One Eleven is an integrated practice of
architecture, urban design+planning and landscape
architecture, with over 20 years of experience working
in partnership with Southern California cities. Our firm
is known for its innovative, collaborative and sustainable
approach to community -oriented design. We believe in the
ability of good design to create great urban places that are
environmentally responsible, prosperous and equitable.
Values
We are passionate about using design to create better
outcomes for the communities we serve. We believe that
architects, urban designers, planners and landscape
architects play a crucial role in the making of cities and that
we have a responsibility to craft the built environment in
ways that support our current and future collective well-
being. We find ways to make cities more environmentally
responsible, resilient, prosperous and joyful while
addressing livability and equity for all residents. Studio
One Eleven is committed to meeting our clients' goals
while working to define success in a broader framework,
addressing what this means not just for our clients, but
also the community and its stakeholders.
Services
The core of our practice is the repair of existing cities and
revitalization of communities. No singular typology guides
our work. From affordable housing to community planning
to streetscape improvements and parks, mixed -use infill
developments to small and impactful urban interventions,
we work at a variety of scales to provide a variety of
services. No matter the size, we view every project as an
opportunity to enhance the urban condition. We provide
full -service design, technical expertise and peer review
on a variety of plans and projects for architecture, urban
i design + planning and landscape architecture.
i
II
Firm Contact Information
Studio One Eleven
245 East Third Street,
Long Beach, California 90802
t 562-901-1500
www.studio-111.com
PH
Experience
As a recognized leader in revitalizing cities in Southern
California, our team brings a depth of knowledge in
improving communities through placemaking interventions
including streetscapes, parks, open space, and
architecture. From tactical strategies for urban renovation
and mobility infrastructure, to planning for long-term
visions, we have assisted cities and communities in a range
of initiatives to create healthy and attractive urban places
with specific, unique identities. Our previous projects
demonstrate this commitment to a sustainable, human -
scaled and community oriented approach to architecture,
urban design and landscape architecture which has
been validated with a variety of award -winning plans and
projects that, guided by stakeholder input, have led to
successful outcomes for our clients and communities.
Quality Control
Studio One Eleven has a comprehensive quality
assurance/quality control procedure built into our design
and documentation process as part of our corporate
culture. Our most effective method for making quality
assurance happen is to plan for it. Quality isn't "inspected"
into each of our projects; it's designed into it. Additionally,
we stay current with laws, codes and regulations as an
essential part of our everyday best practices and also
through continuing education and related seminars for
licensure renewals.
5
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studioneteven
Scope of Work
ON -CALL LANDSCAPE ARCHITECTURE
SERVICES
Studio One Eleven's approach to landscape
architecture aims to restore nature in our cities and
improve all communities by giving them a sense of
ownership through design interventions that allow
the open spaces to be inclusive.,ntergenerational,
and multifaceted. As champions of human -centered
design, we make sure that our solutions respect
and enhance the communities we work with. For
this On -Call proposal, we understand that the City
of Newport Beach is seeking qualified consultants
that can provide landscape architectural services,
design thinking and technical expertise on a variety
of plans and projects. Our landscape architecture
team is fully integrated with the firm's urban designers
and architects to offer clients the benefits of
comprehensive expertise that draws on policy, design,
and implementation at all scales. Studio One Eleven
offers full -service design, construction documentation,
contract administration, planting and irrigation design,
consultant coordination and peer review services.
Through our designs, we have created more vibrant
and welcoming public spaces have become beloved
community destinations for people to live, work, and
play.
A. Design Services
With an emphasis on creating cohesive pedestrian -
scaled outdoor spaces, our designs begin by
evaluating the context, connectivity, and history of a
space to identify project constraints and opportunities
for place -making. We work quickly to establish
project goals, landscape character, and determine
programming of outdoor spaces in collaboration
with community partners and city agencies. Studio
One Eleven utilizes an array of diagrams, precedent
imagery, landscape palettes, 21D and 3D vignettes, and
conceptua6 plan options to convey conceptual ideas.
Recently we provided the County of Los Angeles
and the City of El Monte with conceptual plans and
supportive design narratives for the 5-acre MacLaren
Community Park. Those exhibits were shared with
the neighborhood residents to garner support for the
project and submitted to the state for Proposition
68 Park Program funding. Our conceptual plans
and renderings for Harvey Milk Park and Equity
Plaza in Long Beach paved the way for landscape
improvement efforts that transformed the previously
underutilized space into a more open and welcoming
environment. Additionally, the Long Beach Airport hired
Studio One Eleven to conceptualize improvements to
the central garden space to create a more pleasurable
environment during the COVID-19 pandemic, featuring
moveable seating, a flexible outdoor performance
area. outdoor art gallery and landscape improvements.
Colored conceptual plans, 3D renderings and imagery
were used to convey ideas for consideration.
B. Public realm visioning and improvement
concepts
Looping for opportunities to enhance the character
and vitality of the public realm is built into our design
culture. For example, our visioning work for the
City of Bellflower looked beyond a specific facade
improvement project to include visioning for a block_
long streetscape enhancement proposal. A series of
improvement sketches were reviewed with the City
Manager and presented to the Public Works Director.
As a result of our efforts, the City was able to apply
for and secure Caltrans grant funding to enhance the
public realm. Our creative team is adept at conveying
concepts in numerous ways. A 'kit of parts' approach
allows community members to understand various
components that contribute to design by providing
a menu that can be expanded or reduced based
on feedback. This was particularly successful in
developing a vision for the Paramount Boulevard Urban
Renovation project for the City of Paramount. We
utilize a combination of 3D renderings, before and after
simulations, illustrative plans, sketches, sections, and
precedent imagery to represent ideas that inform the
overall landscape vision.
C. Assist staff with community outreach ■
At Studio One Eleven we are experienced in working
in Los Angeles and Orange Counties, collaborating
with multiple stakeholder groups and the many
departments and agencies that make up the planning
and development ecosystem of the region. We provide
creative community workshops, both in person and
via teleconference, with clear graphics and project
imagery to include stakeholders in the development
and implementation of viable and impactful solutions.
The most successful projects for us feature meaningful
public engagement and careful analysis of the patterns
that shape the fabric of a neighborhood.
A
D. Prepare preliminary and final landscape
design plans, details and specifications
We are especially enthusiastic about the opportunity
to realize our conceptual designs. Under the
leadership of licensed landscape architects, our team
brings considerable experience in the execution of
a variety of public projects. Our previous projects
demonstrate a strong commitment to successfully
delivering full -service designs, validated by
multiple awards from professional and community
associations. Recent and active projects that display
a full range of design development and technical
documentation include: Western & Gage Park -
South Los Angeles; Paramount Boulevard Urban
Renovation, Downey Avenue Medians and Citywide
Bus Shelter Renovations - Paramount; LGB Airport
Expansion —Long Beach; Sherman Way Streetscape
- Reseda; Narbonne Vacant Lot Activation - Lomita,
and Artsakh Avenue Arts and Entertainment District
- Glendale.
E. Peer Review for landscape design
proposals
We believe that design plays a crucial role in
creating great places, and we support pohoes that
cultivate environmentally responsible, prosperous,
and equitable urban places. We are well -positioned
to help the City of Newport Beach achieve its goals
through involvement in project peer review. Our team
draws on years of experience working with form -
based codes, Specific Plans, Planning Entitlements
and full -service design and documentation for the
types of projects that align with the vision for the
General Plan and Design Guidelines. Our design
review involvement has included commercial, office,
multi -family residential, mfxed-use, streetscapes
and parks. We are a trusted resource for numerous
public agencies, currently providing a combination
of architectural, landscape and urban design review
services and implementation advice for LA Metro,
the cities of Long Beach. Glendale, Paramount,
Bellflower and Downey.
�7N
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studioneleven
Experience
Studio One Eleven has the depth of experience and
skilled staff the City of Newport Beach requires to
achieve its goals for `on -call' projects. Many of the
architectural and landscape architectural roots in the
studio were founded upon working with local City
governments through incremental improvement projects
to revitalize existing communities and streetscapes. We
understand that small interventions can provide large
impacts to existing public spaces and can address many
needs simultaneously such as accessibility, sustainability,
safety, aesthetics, as well as the ever -evolving needs for
end -users. As champions of human -centered design, we
make sure that our solutions respect and enhance the
communities we work with. For this On -Call proposal, we
understand that Studio One Eleven can provide the City
of Newport Beach with landscape architectural services,
planning + urban design and technical expertise on a
variety of plans and projects. Through our work, we have
created more vibrant and welcoming public spaces that
have become beloved community destinations for people
to live, work, and play.
Recently we've worked closely with the City of Glendale
as lead design consultant to develop a vision for the
Downtown Arts & Entertainment Distnct. Studio One
Eleven is providing placemaking, urban design and
landscape architecture services. The project includes
reclaiming valuable yet underutilized space in the
downtown to create a dynamic, vibrant, people -place
that supports the City's desire for a world -class district.
We have worked closely with City Staff in multiple
departments, community stakeholders, and project
consultants to realize a clear vision for the streetscape
transformation. Developed in tandem with the design,
renderings, and programming vision we also lead
community outreach culminating in an outdoor workshop
with over 250 attendees to put this vision to the test.
The feedback and design package ultimately led to
unanimous City Council approval. Studio One Eleven
is currently working on delivering 100% construction
documents, specifications, and cost estimates in
preparation for public bid notice.
We have also partnered with the City of Paramount to
develop a '/a mile streetscape renovation project that
was recently awarded an ASLA (American Society of
Landscape Architects) — Southern California Honor
Award. The project required Studio One Eleven to
balance the requirements and standards outlined by
the City of Paramount as well as community input. The
design process for the project included stakeholder
meetings conducted at regular intervals to allow
8
for feedback throughout the design process which
included development of a kit of parts approach. Our
landscape team delivered all design diagrams, conceptual
renderings and landscape architectural drawings,
specifications, and cost estimates on the project for a
public bid notice and award and conducted construction
observation and administration services. We are currently
working to deliver City-wide bus shelter upgrades that
correspond to those designed by Studio One Eleven for
the Paramount Boulevard streetscape renovation project,
The bus shelters project is currently in construction.
These two projects highlight the importance of outlining
clear project objectives and goals at the outset of a
project, and understanding the stakeholders and process
involved. Documenting these overall targets for a project
and confirming stakeholder commitment provides
the road map for project delivery, most decisions that
follow can be checked against these original objectives
for consistency. Studio One Eleven looks forward to
the opportunity in partnering with the City of Newport
Beach as part of their 'on -call' projects program and
demonstrating our capabilities in a collaborative and
concise project delivery process.
i
Landscape Studio Organization
Michael Bohn
Principal in Charge
Kirk Keller*
Studio Director
Associate Principal
1:011
David Sabunas Moiri Fleming
Project Design Director Project Landscape Architect
Senior Associate Associate
Christian Nunez
Job Captain/ Project Manager
Shruti Shankar
Senior Urban Designer
Sofia Assi
Senior Designer
r
Albert Hernandez
.� Job Captain/ Project Manager
Steven Andrews
Job Captain
Sara Vandenbroek
Designer
`Note: Not local staff
9
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studioneleven
Communication Method
Studio One Eleven takes pride in our longstanding relationships with cities and public agencies. In our work, we utilize
a variety of methods and technologies to communicate the progress and process of a given project. Our Senior Studio
Directors and/or Project Landscape Architect act as the single point of contact to the City with assistance from
project managers and key design staff who are copied on all correspondence. As a result we have found that Studio
representatives and City staff become familiar and forge a strong team relatlorship. Throughout the process, we are
In regular communication with the City via email and phone to review progress, solicit feedback, coordinate project
milestones and ask or answer any questions that may arise. Projects usually begin with an initial on -site meeting to
enable the project team and the City staff to meet one another In person, review project requirements and to begin
site analysis. We typically ask the City to provide any available GIS data, surveys, as -built drawings or other studies for
review prior to the site walk. Immediately following the meeting, we will provide a record of the discussion and any
requests in writing for additional information or files needed from the City.
During the course of a project we normally rely on Zoom or Microsoft Teams meetings for review of project milestone
deliverables, but we are also adept at using Cisco Webex, Uber Conference or GoTo Meetings if preferred. Each
meeting Is followed by written meeting minutes and a digital copy of the milestone presentation for City review,
comment and record in PDF file format. Our standard Is to use either Adobe Acrobat or BlueBeam Revu for the
production of digital presentations and coordination markup files. However, we have also utilized Miro, an interactive
online whlteboard that simulates a pin-up wall and allows for direct collaboration between all project team member
and City staff.
Our graphic work incorporates a variety of media and computer programs. Including photography, hand -drawn
sketches, Photoshop, Illustrator, InDeslgn, Sketchup, Enscape and Lumlon to visualize and communicate ideas and
to help develop final designs. Our construction documentation uses the latest AutoCAD and LandFX software for
drawings, and Microsoft Word for specification writing. Project schedules are generated on Smartsheet which allows
for information to be formulated Into Grsd views, Gantt Charts, Card view, or Calendar view as desired. For simpler
projects we utilize Microsoft Excel.
We are experienced in preparing in -person or teleconference presentations to Planning Commissions, City Councils
and City Staff using plans, sections, precedent Images, renderings or animations. Prior to developing the presentation,
we coordinate with the City and tailor the materials to their preferred format -- providing PDF and/or Powerpoint
files in advance for review and adjustment. During a peer review project or in project plan check we communicate
comments and responses through written summaries. PDF graphic files, a Microsoft Excel matrix and online or in -
person meetings.
M
s
i
28
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Deliverables
LANDSCAPE ARCHITECTURE SERVICES
Design Services
SWOT (Strengths, Weaknesses, Opportunities and
Threats), site analysis diagrams and existing context
photos with notes
Summary of project goals, objectives, and design Criteria
Precedent Imagery
Kick-off meeting and review meeting(s) at deliverables
milestones
Conceptual design diagrams, notes and selective imagery
3D visualizations/simulations (utilizing SketchUp
models with Lumion, Enscape or Photoshop rendering
techniques) with 'before' photo references
Illustrative conceptual overall plans and selected design
enlargement plans
Illustrative sections or axonometric (bird's eye view)
drawings
Proposed planting palette, building material palette, and
site furnishings palette
City Council Presentation
Final report and Design concept package
■ Public Realm Visioning and Concepts
a.
Site diagram with a list of project criteria and design
components for consideration with imagery
Precedent imagery
Design plan options and comparative studies
3D visualizations/simulations (utilizing SketchUp
models with Lumion, Enscape or Photoshop rendering
techniques) with 'before' photo references
3D Animations and 3D models (laser cut, wire or powder
printed)
Illustrative conceptual overall plans and selected design
enlargement plans
Illustrative `belore' and 'after' sections
Proposed planting palette, building material palette, and
site furnishings palette
Make presentations or be available at Planning
Commission and City Council meetings
Final report and Design concept package
Community Outreach and Engagement (Bilingual)
Meeting notification fliers
Project graphics with maps, goals, and project
components (opportunities and considerations) with
supportive imagery
Illustrated plan diagrams
Zoom/ digital workshops with online survey (e.g,
Workshop 01 - Access the Need, Workshop 02 - Review
Findings and Implementation, and Workshop 03 - Final
Presentation) followed by summary
cu
• On -site meetings and community workshops to review
design considerations and gathef feedback on options,
imagery and needs (Community input collection and final
report)
Preliminary and Final Landscape Design Plans
• CAD drawings - demolition, hardscape, irrigation, planting,
site furnishings, sections/elevations, details, material
schedules
• Bi-Weekly project coordination meetings with City during
plan preparation phases
• Book speofications in CSI formal
• ROM (Rough Order of Magnitude) Costs
• Project manual/spec book and bid schedule
• Permitting and bidding support (develop matrix with
department comments and responses)
• Construction Administration -- RFI and submittals review/
response, OAC (Owner/Afchitect/Contractor) meetings
• Construction observation (Field Reports at project
milestones)
Peer Review
• Review the architectural and landscape plans for
proposed projects at key project phases
Identity and prioritize options for improved design and
compliance to City's General Plan, Community Design
Element and Comprehensive Design Guidelines
• Propose design solutions and provide design
recommendations with precedent imagery and sketches
or diagrams
• Provide and summarize graphic exhibits accompanied by
a comment matrix that will be shared with the applicant
• Meet with city staff and applicant for design review
meetings
• Continue design review of permit drawings to ensure
substantial compliance with the approved design,
Note: Deliverables are digital (PDF) unless printed materials
are requested or warranted to described design intent (ag, 3D
printed models)
29
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studioneleven
Team Organizational Chart
30
Key Staff
MICHAEL BOHN, AIA
Srni,rr Princip,: Design Diruclur
California Architecture License: C21695
Educanars
• Bachelor of Arrh,lt,"ure, Cum Laurie, Cal Poly
State Unive,sity, San Luis Obispo, CA
• Ecoie d'Art Atnei,cwn, Founla,nebleaLi. France
State Archaeoloylcal Camp with the Sm,ihSonian
and British Institutes, toda
Zhations
Affordable+Workforce Housng Council
CNU, AIA, Long Beach Heritage, Southern
Latium a AsSoc,al un of Non-Prnht Hous,rq
G,uve: 2020 APA Cal,lwn,a arse
.... ,J:aar Design Me, I Award
■ per .: tiullechve:2020 SCANPH Beat
Ret'aI. - jt.)r/Reuse De•:elopmen!;tf the Year
the Roust'2019 AIA Long Beach/south Bay Me,
AW4,L7
• 2019 Lo,,g Bead, Hwilaye: Excellence r
• Art f, teciure and Ur bar lnnovaton
ACE 1'21 2olB NAHB Mulldam•ly Pdla,%Award -
Affordaole Housing. 2019 SCDF C ration Award,
201P Much Housing News E=ceile-rice Awards in
'Development 8 Design Affordable' 2018 SCDF
• De•,.gr $ Philanthropy Awaid4 Warner
Zinnia: '2018 Beautification Award, 2018 Honofabie
fvrenlion SCANPH Design AWaF&
Ace 121; 2017 Honorable Mention SCANPH
Des,tln Awards
• Wdlowbiook: 2017 Honorable Munbuo SCANPH
Design Awards
• EroFiouae Children loday: 2016 LEED Gold, 2016
■ U.S. Gfeen Building Council Sustairable innovation
Awa,d
• The Crossings, 1011i Los Angeles Business Journal
Arch '.,.... at Des,yn Awartf
104 '.' : 2012 SAGE 55+ Hnus,ng Award
t•r n1?.CumoassBluenr,-tE.relle^c,
r, Plan rn ng fo, Su5ta.nab fify: 2011
we5I5.4B Urban. Forum Design Award, Mr,ed Use:
2011. CNU Charter Award: 2010. Long Bead•
He„ rage Awaro: 2(x)9, AIA Lang Beach/Souih Bay
Charts Ar. , T 2008. SCDF Design Awarc
• Berl - - 6uld Nugge, A,.a,d of Me, t.
,',ijluct uncle, 10.0m sf
• , , , .•res: 2013. Compass Brecon r;
. Arf:,r.ri,-•rnt Awa,rt, Stwainahirty
Lnrc Beach Senior Artti Cowny:?o14, LASJ
Cumnieraal Real Estate Award, Mult,-Fe,•„ly: 2014,
NAHB Besl of 50+ Huui; ng Gold Awanl, Best
50+ AIfaloahle Rental Cutrwo,„tv: 7013. SAGE
F'rolecI of the Year, 2013, NAHB Pillars nI iodusiry,
F,nafr;l, f3e;l Affordable Multi-Farnily Community:
2013, AIA LBIS0. Honor Awaul fur Fx, ellenre
-n Dns,go; 2013, MHN Gold Awai it. Best New
Development: Senior:; 2013, MI E Puilm-1 or the
Yea%Grand Awaid, Alfordahlc;'1013, Grid Nuogel
6rwo Award, Best Senior Housng Cummu 7
2012, Besl ❑1 50+ HouS,o(j Awards, Gold W,r ,'ei.
• (Bogdan Luny Bein 11 Garden: 2 U14 Enternalional
Holt cultural Golu
Award of Outa,xr Garden Cmmnet-tin„
i:u
Michael Bohn, AIA, is a Senior Pfincipal and Design Director for Studio One Eleven,
where he is responsible for architectural, landscape, and urban design, offering 30
years of experience as a licensed architect.
His experience in the City of Long Beach includes the Downtown Vision Plan,
which serves as the foundation for guiding development around the city's lighl-rail
transit during the next 15 years. He also led the master plan for the Long Beach
Civic Center revitalization to reconnect City Hall, the Main Library, and Lincoln Park.
Presently, Michael is involved in the activation of the Civic Center Plaza located
between the new Port of Long Beach and City Half buildings and the design of an
interactive educational center for the Port of Long Beach.
Other projects Include the concessions at the Long Beach Airport and the historic
terminal building renovation and the rehabilitation and adaptive reuse of an office
building originally designed by Edward Killingsworth.
Michael led the design for the firm's new headquarters in downtown Long Beach
which is the catalyst for -The Streets," a six -square -block, $500 million mixed -use
development, In the realm of arts and culture, he led a museum and gallery design
for the Historical Society of Long Beach, completed maker spaces and gallery for
artist community ACE 121, and is working on a downtown University Art Museum
for California State University, Long Beach.
His housing experience includes affordable, student, and market -rate projects,
To date, he is responsible for the completion of almost 2,500 units with another
2,000 under construction or in the planning stages, with approximately 650 units
located in downtown Long Beach. His affordable housing experience includes both
adaptive reuse and ground -up developments serving seniors, families, artists, and
the homeless.
City of Long Beach
Downtown Vision Plan, Long Beach, CA
Long Beach Airport Concessions and Historic Terminal Building Renovation. Long
Beach, CA
Community
5111 Office at The Streets Redevelopment, Long Beach, CA
Senior Arts Colony, Long Beach, CA
The Annex, Long Beach, CA
Affordable Housing
Santa Ana Arts Collective, Santa Aria, CA
Zinnia Court, Signal Hill, CA
Collage, Long Beach, CA
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studioneleven
KIRK KELLER, ASLA, CLARB, LEED" AP
California Landscape Architecture License: LA 6121
Erdu,. ih-,
• Bachelor nl St ir•i , , Landscape Atchileclure with
Honors, Cornell Unrve;rs+ly. Ithaca, NY
Herrnt-Watt University. Landscape Arrhilecture Ill.
Ednntitogh, Scolland
Aileh•etrone
American Society of Landscape Architects (ASLA)
Unde[d States Green Budding Cuuncni, (USGBCI
Council of Landscape Architects Rc•cpclratron
Board (CLARB)
Awards
• Paramount Boulevard Urtian Renovation: 2021
ASLA Honor Award
Stecicralt Garde- G,ove: 2021 ASLA Me, t A.a•a
Sarla Ana Arts Collect,+e 2021 AIA OC Hor01
Award
R,se Para. - Overtnoir. Irvine 2024 Grid
Grand Awa,;t
• The Rons'. Santa Ara. CA 201y AIA iorq BP.aI('/
South Bay Mend Award, 2018 ASLA Merl Award.
2017 SCDF Arc hfeclureAward
• ACE 121. Glendale; 2018 Naironad Assacialwrr.
of Homehw0wi nMUtilamrly Pillars Award, 2018
SCDF Gtabnn Award
EccrFlawsc Children Today, Long Beach: 2018
ASLA Meni Award, 2016 LEED Gold, 2016 U.S.
Green BtAd nq Council Sustainable Innovation
Long Beach Patktei Program: 2018 ASLA Me, l
Award; 201b Inlernalronal Downlown Association,
Downtown Achievement Award for Open Space;
2015 Westsude Urhan Forum Design Award for
P1101100pen space_, 2015 AIA Lnag Beach/Soulh
fiav Desg"l Award;'2014 SCDF Urban Des.yn
Award
RDC-SHT Inc.Ofhce. 2018 Arc}i,Sw lure
MaslerPnze Honorable lalenl,nn, 2017 AIA Lonu
i3earhlSn,,lY Bay Award; 2017 USGBC I st Place
n HeallF + WPIlre55. 2017 A,ch-Teets Nev.SDaae'
Demo Award. Hnnoradle 1,fentor. 2017 SCD1
Arc+,trrlure Awitrd. 2017 _EED Plalinum, 201'r
WELL Centitied
Lo-u Brach Aaood Cw,ces„on 2[113 Gold
Nt.a,; -of Me, L Best Comme•oal P•n,ra:-
Ur: f 2016 USA coda, voted Bes-
Aan. - _ .1013 ".forria l,an-pnrtit nr
if.nn Prorer; M IN. Year
Lakev,00d YMCA 2015. AIA Lnnr; BeachlS ti::h
Bay Dosrgn Awwo
Lnro BeacF, Display Gardena},nr}dan Intein4li11r al
Horticulhual E=;xxrtior 2C14: Golo Awartt Ouwrx'
Garrien Compebrror
Vl•.111r 1 Critic 4nd Tcachmy
Cal Poly Pomona, Gurrl Speaker and Awards Jump
CoFnP_4 University, Ihrrd Yeat Landscape
Ar:hilectwe Design SlutLn, leaching Assrslan;
• Correll University, Advanced Sae Engineenno.
reach,-() Assistant
Cornell Urvver,Ity. Public Speakrnrl learhrntl
Ass,stanl
r� Un,,er,,ty of New York a1 Bullalo. Fir;! Yea,
ill A,rr,' r r+ D c n SI d fa h n A• - �t ,'
Kirk Keller is the Senior Director of the Landscape Design Studio with focus on
sustainable landscape and urban development projects. He brings over 23 years
of experience in the design, production and construction of small and large-scale
public and private landscapes. Kirk provides a wealth of knowledge on best practices,
innovative design and management of projects, from Urban Parklets in Long Beach to
Adaptive Re -use developments in Los Angeles. He is well -versed in organizing and
leading protect teams in the completion of a given project.
His recent work Includes the Long Beach Airport expansion, Glendale Arts and
Entertainment District, Paramount Boulevard Streetscape and Urban Renovation,
Sherman Way Streetscape Improvements, Santa Ana Arts Collective Housing,
Greenspace and building enhancements for the historic Oaks School in Los Angeles,
Park Lane Urban Green in Reno. NV, the renovation of the Streets in Long Beach and
the Long Beach and Costa Mesa Parklet Pilot Program. All projects are infused with
pedestrian oriented and sustainable design strategies to the greatest extent possible.
Kirk received a Bachelor of Science in Landscape Architecture with Honors from Cornell
University, He has been a LEED' Accredited Professional since 2007 and is a licensed
landscape architect in California, Nevada and Texas.
Streetscape / Urban De~rgn
Paramount Boulevard Streetscape and Urban Renovation, Paramount, CA
Broadway Median Traffic Calming, Long Beach, CA
Downey Civic Center Master Plan, Downey, CA
Sherman Way Streetscape, Reseda, CA
Venice Blvd Beautification, Mar Vista, CA
Long Beach Parklet Pilot Program, Long Beach, CA
Llyan Fierman Walkway, San Pedro. CA
The Streets, Long Beach, CA
Arisakh Avenue Arts + Entertainment District, Glendale, CA
C.on,n,Unit'f
Long Beach Airport Expansion and Garden. Long Beach, CA
Weingart-Lakewood Family YMCA, Lakewood, CA
Ronaid McDonald House, Long Beach, CA
St. Francis Homeless Center. Long Beach, CA
Ecohouse Chlldren's Play Yard, Long Beach, CA
Parks. plazas and Gardem.
Western Gage Tot Lot, Los Angeles, CA
Harvey Milk Park + Equality Plaza. Long Beach, CA
The Urban Green, Reno. NV
MOLAR Botanical Garden, Lang Beach, CA
Downey Avenue Urban Gardens, Paramount, CA
13-125
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DAVID SABUNAS, AIA, ASLA
■
Senior associate e Project DeSiun Dir•:
Education
As design director, David Sabunas works on landscape and architectural
Master of Archdec[we. Univer5+ty dl �_a4lo-,a
6&, eley. Berkeiey, CA
project
design and planning. He brings with him extensive experience in landscape
Bacrefor of Arts. Landscape Arehd<:ch,e.
architecture, housing, urban design, retail, and civic development projects.
■
Ur,rrr,:.t of CaWow a Be,kelev. Ber,el,ty.::A
Currently David is providing landscape architecture on a variety of projects, including
Ati,iiahunn
Gramercy Housing, MLK+PCH Affordable Housing and Carson Terrace Senior
Amw car sncrely0 LandscapeArr:hrrPOr ,Long
Housing. Past projects include the Long Beach Airport, Pacific View Mall, and City
■
Beach Urban Design council. Congre,,s inr the
New Urbanism. united states G+een B„ ong
Center Mall in San Francisco. He also led architectural and urban design teams
CovrcJ. Amer can In-.t,lute of Arrh,fi!i
working on Long Beach + Anaheim, a mixed use affordable housing development
■
in Long Beach, CA; the San Juan Capistrano Master Plan; and the Downey Civic
■
Awards
Center Master Plan.
The Roost: 2010 AIA Long $each/Souih Bay M,rnt
Award
Amon haccomplishments, David wawarded a Commendation from the Cil
Among accom p enas y
■
• ACE 121: 20113 Nalronal Association of
HumeWa ItJ ,s Multilawily P,Ilats Aw.ud.'201B
of West Hollywood for his involvement in the Xeriscape Demonstration Garden in
SCY]F Udahun Award
1991 and in 2010 he was awarded the Los Angeles Conservancy President's Award
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n1h+Linden:'1a12. compass Biuclurni �xr:e!nenLe
for renovation of the Bob's Big Boy Broiler. He was also part of the design team for
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Award. Visionary Planning for Sustainanddy: 2011.
Wesisnfe Urban Forum Design Award, Mixed Use:
award -winning projects such as Long Beach Senior Arts Colony, The Shops at The
24t1, (-NU Charier Awaid:2010. Luny Beach
Alhambra and Lincoln & Rose.
Heritage Award; 2009• AIA Long Beach/Suulr Bay
■
Chapter Meut Awaid;'2009. SCDF De5gri Aware
• Collage Apartments 2013, Compass Bfueorrni
David received a Bachelor of Arts in Landscape Architecture and a Master
■
A&,evement Award.5nstawah,l,ly
• Lircoin & Rose: 2009. AIA Long Beall,/South
of Architecture from the University of California at Berkeley. He is a licensed
architect and landscape architect in California and holds LEED R Green Associate
BayCraptei Clahon.2009.ICSC Des+r.,r:u,d
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Development S,tver Award; 2009. SADI Grand
aCcredltatlon
Award; 2009. PCBC Gold Nugget Award:'2009.
Cabs Bu,Id,ng Assouaton AwarcC 200$, SCDr
■
Desgn Award
Landscape
• Loru Beach Semor Aris Cotonr- i[f S,S, LAR.
■
camr,e•Cal Real Estate Gold Award. Mr,r. Family
201a. NAHB Besi 50+ Hot;- r„1 Ciol,: Awa in,
First + Llnden Streetscape Enhancements, Long Beach, CA
of
Armory Park, Long Beach, CA
■
Best 50+ Alloroable Rental Cor rrrunny, 7Ut3.
SAGE t'roleci o1 the Year; 2013. NAHB Rila
Bob's Big Boy Broiler, Downey, CA
of k,dust,y. F �ahs%Best Afic,daDle Muh, I a, ,i-;
Conservation Corps of Long Beach Environmental Education Center, Signal Hill, CA
Commu^,tv: 2013. AJA LBISB Ho,,*, Award lu,
Urban Design
■
Eacellence,r• Des+un. 2[713. MHrd Gold Awa,,:f,
Best New Developmene Seniors. 2013, WE
Carson Street Mixed -Use District Master Plan, Carson, CA
PIOJ■ Gold t (t;{,
the ear, Awara.Best
Gold Nugget Grand AWard. Best S*n�nr Hnus�nc
Laguna Beach Civic Arts District Master Plan, Laguna Beach, CA
ggetG,f onic,aoue
Cnmmunirv; 201), Best of 50+ Hnus,ng Awwor ,
Long Beach Facade Improvement Programs, Long Beach, CA
■
Gnldw-ner,BestAffordaDleRental -Un the
Sepulveda Boulevard Enhancement Master Plan, Culver City, CA
Boards; 2011, Goid Nuggel Grand Award. Ur, tr•^
&raids.'2010.SAGE Onthe &fard;Aw.vo
Community
■
Lakewood YMCA- 2015, AIA Long Beach/Sowli
ManazaT Gamhaa Community Theater, Long Beach, CA
Bay D@j,(}n AWarrr
Lakewood YMCA, Lakewood, CA
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COIT1mercial
■
Lincoln & Rose, Venice, CA
Metro Center, San Diego, CA
■
Malibu Lumber Retail Center, Malibu, CA
The Shops at The Alhambra, Alhambra, CA
33
13-126
studioneleven
MOIRI FLEMING, ASLA
Associatei i Landscape Archiiet.l
California Landscape Architecture License: LA 6102�
Educdhun
aachelors of Sc,en[e Landscaper A,rh.leclore
re,ple Um.e,sdy. Phdadelph,A PA
AruLahnns
• Arrr-r,rar So( rely of Landsrapr- Arrb-tertc {ASLAI
A—n ct •,
Paramounl Boulevard U,1ran Renrnatior: 2021
ASLA Honor Award
5b_elc+ail Garden Grove: 2021 ASLA Met i Aw;pl
Santa Ana Arts Collective: 2021 AIA oC Horwr
Award
Rise Mark - overlonk, Irvine: 70'?I Gofer Ntimel
Grand Award
Ecohlouse Ch,lrlrer today. Lnnq Br .wh: J018
ASLA Men1 Award, 2016 LEED Gnld, 2016 US
Green Buld,nq C:nuncd Sustainable Innovalarn
Long Beach Narklet Program. 20t8 ASLA Meu1
Awato. 20151nter•ial,onar Downtown As;rxiaksti'
Devontown Ach,evemeni Award Inn Open Space;
2015 Weststde Urtlan Forum Devtpn Award Ion
P4,bba:/open Spate; 2015 AIA Lrneq Beat h/S,x,ih
Bav Deng,, Awaw. 2014 SCD1 UrUa, oes,gr
Award
RDC-Sill In..Offce 201�Arrfntcriuo•
1vlasted'r:re Hnrnrable Mentnm. )01•i AIA Luny
Beach/South Bay Award; 2017 USGBC I st Flat"
-
.� Heallff, + wellness: 2017 Arrhdect< Ncwapaner
Dr. cii, Awarrl. Hor-wable MenLnn: 2017 SCDF
A•ch tec'we Award: 2017 LEED Plaf nw 2017
WELL cerl-f,ec1
ASLA Student Award of Horn', PA/GE Chap'•••
34
.0 , 1:W
Moin Fleming is a Project Landscape Architect and Design Manager at Studio
One Eleven and has a wide range of experience in conceptual planning through
construction for a variety of landscape architectural projects including parks and
urban plazas.
She has been responsible for leading design efforts on various landscape studio
projects, most recently the Artsakh Avenue in Glendale, Rise Park - Overlook in
Irvine, Harvey Milk Park in Long Beach, Paramount Boulevard Urban Revitalization /
citywide bus shelter renovations, and the design of a range of public spaces in Los
Angeles including The Oaks School greenspace and Sherman Way Streetscape.
She is currently leading the design of a permanent parklet program for the City of
Glendale.
Her experience entails designing spaces that promote pedestrian activity within the
public realm, community gathering spaces and connectivity to open space, master -
planning, green infrastructure /storm water capture and re -use, and incorporating
California adapted and native plants into the design, Currently, she is involved in
construction administration for a 2 acre park that includes a Tot -lot, flexible turf space
for events, custom shade structures, art, a dog park, and perimeter streetscapes.
She also volunteers In the Studio One Eleven urban design studio events such
as Go Human which promotes community walkabifity and the use of bicycles for
transportation.
Moin received a Bachelor's of Science in Landscape Architecture from Temple
University While at Temple she had the opportunity to study abroad in Rome, Italy
with the Temple Architecture Program. The projects focused on urban design of plaza
and parks as well as pedestrian connections to these spaces. She is a registered
Landscape Architect in the State of California and has over 12 years of diverse
design experience.
Parks and Open Space
Reno Entertainment District Urban Green and Streetscape, Reno, NV
Harvey Milk Park, Long Beach, CA
Rise Park Overlook - Irvine, CA
Oaks School Greenspace, Los Angeles, CA
Streetscape / Urban Design
Paramount Boulevard Streetscape, Paramount, CA
Artsakh Avenue Urban Design and Placemaking, Glendale, CA
Long Beach Parklets, Long Beach, CA
City Place Remodel and Streetscape, Long Beach, CA
Sherman Way Streetscape Reseda, CA
Santee Court Urban Plaza, Los Angeles, CA
Shoreline Village Masterpian, Long Beach, CA
■
13-127
Education
Global Certific.,tt_: in
Sustainability, University
of California, Los
Angeles - Extension
Master of Urban Design,
Washington University,
St. Lours, Missouri
Bachelor of
Architecture, Anna
University, Chennai,
India
Education
Bachelor of Science
Landscape Architecture
California Polytechnic
State University,
San Luis Obispo
SHRUTI SHANKAR, AICP, LEED AP ND
Urban Design Manager
Shrub Shankar, AICP bangs over eight years of design, planning and sustainability experience
to Studio One Eleven in her role as Senior Urban Designer. Her work focuses on urban design
solutions to enable desired development outcomes in neighborhoods and communities, by
combining data -driven insights, design thinking, community engagement and collaborative
city -building practices. Her experience includes a variety of project types, including visioning,
planning and design for the development of districts and urban places, and tactical urbanism
for placemaking and testing improvements. Shruti led the design efforts on Round 3 of the
SCAG Go Human tactical urbanism campaign, assisting six Southern California communities in
testing proposed active transportation and placemaking improvements in the public realm. She
complements her design expertise with strong research, graphics, writing and communication
skills.
Urban Design and Planning
LAROSAH Affordable Housing and Open
Space Joint Development Opportunity Study,
LA County
Downtown Torrance Revitalization Plan,
Torrance, CA
Little Tokyo/Arts District Station Joint
Development Opportunity Analysis
Vermont/Santa Monica Station Joint
SOFIA ASSI
Senior Designer
Development Design Review
Glendale Arts and Entertainment District
Urban Design and Placemakmg, Glendale, CA
The Bloc Mobility Hub, Los Angeles, CA
City Place Living Community, Long Beach, CA
The Bloc Public Space Study, Los Angeles,
CA
Sofia is a Senior Landscape Designer at Studio One Eleven with particular focus on sustainable
urban environments. In addition, she has experience working on campus masterplans, mixed -
used developments, creative office, and adaptive reuse projects. She brings a keen sense
of design and formulates ideas to solve complex issues. Sofia is skilled in developing a
wide variety of graphic diagrams, sections, elevations, 3D renderings and illustrative plan
presentations for public and private clients.
Her recent work includes the $2 billion 4th + Central mixed -use project in the Arts District
of Los Angeles, the 14-acre mixed -use City Place project in Long Beach, and 1.6 miles of
streetscape enhancements for the Oak View neighborhood in Huntington Beach,
■
Urban Design and Planning
Artsakh Arts & Entertainment Disbict -
Glendale, CA
City Place I Mosaic - Long Beach, CA
4th & Central - Los Angeles, CA
Mar Vista Beautification - Los Angeles, CA
Oakview Streetscape - Huntington Beach, CA
Reno Entertainment Distnct - Reno, NV
Shoreline Village - Long Beach, CA
35
13-128
EXHIBIT B
SCHEDULE OF BILLING RATES
ON -CALL LANDSCAPE ARCHITECTURE SERVICES
Schedule of Fees:
Professional Staff Category
Hourly Fee
Staff 12/Senior Principal:
$240.00
Staff 11/Principal:
$230.00
Staff 10/Director:
$220.00
Staff 9/Associate Principal:
$210.00
Staff 8/Senior Associate:
$200.00
Staff 7/Senior Manager:
$190.00
Staff 6/Manager:
$180.00
Staff 5/Advanced Staff II:
$165.00
Staff 4/Advanced Staff I:
$150.00
Staff 3/Designer/Drafter III:
$135.00
Staff 2/Designer/Drafter II:
$120.00
Staff 1/Designer/Drafter I:
$95.00
Materials and Supplies:
1. Office and drafting supplies are included in the hourly rate as described in the
Schedule of Fees above.
2. Cost of printing, color copies, CAD plotting and reproductions are charged at cost
plus 15% from commercial reprographics companies.
3. Outside services i.e., messenger, Federal Express, express mail, etc., are charged
at actual cost plus 15%.
RDC-S111, Inc. DBA Studio One Eleven Page B-1 13-129
4. Any reimbursable expenses requested by the City subsequent to the completion of
the Scope of Work shall be billed on a time and material basis. This includes the
cost of professional fees required to process this request.
Subonsultants:
Actual cost plus 15%
Any rate changes or increases shall be incorporated via a formal amendment to this
agreement.
RDC-S111, Inc. DBA Studio One Eleven Page B-2 13-130
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
RDC-S111, Inc. DBA Studio One Eleven Page C-1 13-131
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. tion. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers and employees or shall specifically allow Consultant or others
providing insurance evidence in compliance with these requirements to
waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability or Workers Compensation, shall provide
or be endorsed to provide that City, its City Council, boards and
commissions, officers, agents, volunteers and employees shall be
included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage, except for
Professional Liability and Workers Compensation, shall apply on a primary
basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
RDC-S111, Inc. DBA Studio One Eleven Page C-2 13-132
Agreement. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on
its behalf. At least fifteen (15) days prior to the expiration of any such
policy, evidence of insurance showing that such insurance coverage has
been renewed or extended shall be filed with the City. If such coverage is
cancelled or reduced, Consultant shall, within ten (10) days after receipt of
written notice of such cancellation or reduction of coverage, file with the
City evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require copies, with any confidential
or proprietary information redacted, of all required insurance policies, at
any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Consultant shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
RDC-5111, Inc. DBA Studio One Eleven Page C-3 13-133
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
RDC-S111, Inc. DBA Studio One Eleven Page C-4 13-134