HomeMy WebLinkAbout16 - Approval of PSA for Bonita Creek Park Athletic Field Synthetic Turf Replacement (Project No. 26P11) (Contract No. 9890-1)Q �EwPpRT
c
9C/FOR
TO:
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
August 26, 2025
Agenda Item No. 16
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Tom Sandefur, Assistant City Engineer - 949-644-3321,
tsandefur@newportbeachca.gov
TITLE: Approval of Professional Services Agreement with Verde Design, Inc.
for Bonita Creek Park Athletic Field Synthetic Turf Replacement
(Project No. 26P11) (Contract No. 9890-1)
ABSTRACT:
As part of the City of Newport Beach's Facilities Financing Plan, the existing synthetic
turf at Bonita Creek Park is scheduled for replacement. The project will also include
expanding the turf to the adjacent ball field infield area. Parking lot improvements,
concrete replacement and lighting improvements are also included in the project. Staff
requests City Council approval to enter into a professional services agreement (PSA)
with Verde Design, Inc. of Riverside, to prepare the necessary construction documents.
RECOMMENDATIONS:
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 professional services agreement with Verde Design, Inc. for the Bonita
Creek Park Athletic Field Synthetic Turf Replacement project for a total not -to -
exceed amount of $353,625 and authorize the Mayor and City Clerk to execute the
agreement.
DISCUSSION:
Bonita Creek Park is approximately 14 acres in size and provides a lighted athletic playing
field, two softball fields, a basketball court, picnic tables, a playground, a community
center, restrooms and parking. (A location map is included as Attachment A.) The
proposed project area is approximately seven acres. It will replace the existing synthetic
turf athletic field and expand the synthetic turf into the adjacent softball field infield;
address drainage issues; replace concrete throughout the park to comply with Americans
16-1
Approval of Professional Services Agreement with Verde Design for Bonita Creek Park
Athletic Field Synthetic Turf Replacement (Project No. 26P11) (Contract No. 9890-1)
August 26, 2025
Page 2
with Disabilities Act (ADA) requirements; resurface the parking lot; and retrofit the existing
lighting system to energy efficient Light Emitting Diodes (LED).
Staff recently issued a Request for Proposal (RFP) for professional design services and
received seven proposals. The proposals were reviewed by a three -person technical
panel. All seven of these proposals earned a minimum of 70%. The scoring for the
proposals is as follows:
Proposer
Total Score
(Out of 300)
Overall
Rank
Verde Design, Inc.
281
1
RJM Design Group, Inc.
279
2
NUVIS
273
3
BFS Landscape Architects
269
4
David Volz
266
5
IDS Group
262
6
Hirsch
247
7
Verde Design, Inc. demonstrated it has the expertise and experience needed to complete
the scope of work identified in the RFP. In addition, Verde Design, Inc. has successfully
completed similar projects for other local agencies. Therefore, staff recommends approval
of a PSA with Verde Design, Inc. to provide design services for the project.
The proposed scope of work includes research and data collection including surveying;
preparing conceptual design and construction documents; providing bidding support and
construction administration to replace and expand the existing synthetic turf field system;
replacing concrete to meet current ADA guidelines; and completing parking lot
improvements. The scope also includes the design and construction documents for
conversion of the existing lighting system to LED. The City tentatively plans to begin
construction in fall of 2026
FISCAL IMPACT:
The Capital Improvement Program (CIP) budget includes sufficient funding for these
design services. The consultant's proposed not -to -exceed fee for this service is $353,625.
It will be expensed to the Neighborhood Enhancement Fund CIP Expense Account in the
Public Works Department, 53601-980000-26P11. The Neighborhood Enhancement Fund
is used for projects that enhance neighborhood aesthetics and functionality and is funded
via surplus general funds. A total of $3,146,000 is budgeted for the design and
construction of the project.
16-2
Approval of Professional Services Agreement with Verde Design for Bonita Creek Park
Athletic Field Synthetic Turf Replacement (Project No. 26P11) (Contract No. 9890-1)
August 26, 2025
Page 3
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 — Location Map
Attachment B — Professional Services Agreement
16-3
ATTACHMENT A
�l
d
BONITA CREEK
i5
LA SALUD
4f T
PROJECT AREA
BONITA CREEK PARK ATHLETIC FIELD CITY OF NEWPORT BEACH
SYNTHETIC TURF REPLACEMENT PUBLIC WORKS DEPARTMENT
LOCATION MAP C-9890-1 26P11 08/26/25.
113-4
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH VERDE DESIGN, INC FOR
BONITA CREEK PARK ATHLETIC FIELD TURF REPLACEMENT DESIGN
SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 26th day of August, 2025 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and VERDE DESIGN, INC, a California corporation ("Consultant"), whose address is
2455 The Alameda Ste. 200, Santa Clara, CA 95050, 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 perform services for the Bonita Creek Park
Athletic Field Turf Replacement Design ("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 30, 2028, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services underthis Agreement
and Consultant shall perform the Services in accordance with the schedule included in
16-5
Exhibit A. 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, 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 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 Three Hundred Fifty Three
Thousand Six Hundred Twenty Five Dollars and 00/100 ($353,625.00), 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 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 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
Verde Design, Inc Page 2
16-6
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.
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 Mark Baginski 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
Director of Public Works 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
Verde Design, Inc Page 3
16-7
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
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 orwillful 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 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
Verde Design, Inc Page 4
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.
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 orfor 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.
Verde Design, Inc Page 5
16-9
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. 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.
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
Verde Design, Inc Page 6
16-10
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.
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, fora 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
Verde Design, Inc Page 7
16-11
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.
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.
Verde Design, Inc Page 8
16-12
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Derek C McKee
Verde Design, Inc
2455 The Alameda Ste. 200
Santa Clara, CA 95050
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
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 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
Verde Design, Inc Page 9
16-13
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. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement. ,
29.2 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.
29.3 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.
29.4 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.
29.5 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.
29.6 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.
29.7 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.
29.8 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.
29.9 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.
Verde Design, Inc Page 10
16-14
29.10 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.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party small not be entitled to attorneys' fees.
29.12 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]
Verde Design, Inc Page 11
16-15
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: t5ji I�5,
Bye —
A n C. Harp
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Joe Stapleton
Mayor
CONSULTANT: VERDE DESIGN, INC.,
a California corporation
Date:
Bv:
Molly Perry Derek C Mckee
Interim City Clerk Chief Executive Officer
Date:
Bv:
Mark Baginski
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B Schedule of Billing Rates
Exhibit C — Insurance Requirements
Verde Design, Inc Page 12
16-16
EXHIBIT
SCOPE OF SERVICES
Verde Design, Inc Page A-1
16-17
PROJECT APPROACH
Our approach to the project and team leadership
begins with clarity of expectations and proper
documentation throughout the design process.
You will note in our scope of work below our
-submittal book- document. We begin developing this
book at the beginning of the project when we
establish the Basis of Design document (summary of
design intent) as a programming tool. The submittal
book will provide clarity of expectations and
communication for all members of the design team
and will include other documents such as material
cutsheets, updated cost estimates and schedules. As
each deliverable is submitted, the submittal book is
updated. The book also includes tracking critical
questions and answers from the design team and City
of Newport Beach (City) that are critical to design
decisions or design changes that may occur during
the design process. This
"design log" serves as a record as to why decisions
were made during the collaborative process. We
encourage the City staff to schedule time for an
in -person review of this submittal book which will
contain the plans, specifications, and estimates of
probable cost documents and updated schedule to
ensure that the collaborative design process is being
documented accurately.
Our internal team scheduling and submittal milestone
dates are sent to production team and subconsultant
team members as calendar invites so that we
all have clear understanding of the determined
submittal dates. We also use this system to ensure we
receive internal and subconsultant information early
to allow for internal quality control processes to occur
along with packaging of the materials to arrive on
time to your team for review. If there are challenges
with delivery dates either from the design team or
client perspective, we discuss those issues and ask if
scheduling changes are necessary.
As we approach milestone delivery dates, we
also have calendar dates scheduled for all team
members for internal QA/QC review. This is typically
2-3 weeks prior to the submittal date to the City or
City and allows our subconsultants to review their own
work as we review ours however, it also allows us as
the prime consultant to review our subconsultant's
work so that we can identify any items that may need
to be addressed prior to the formal submittal
to the client. Typically, this review process internally
includes licensed professionals that have NOT been
working on the project so that personnel that are not
familiar with the project can look at it from a fresh
perspective. We have found that this review process
provides great results in identifying ambiguities that
must be addressed prior to the milestone submittal.
At Verde Design we use Bluebeam review to set
up "studio sessions" where internal plan reviewers
can access the drawings and provide comments
in real time, even if others are also reviewing the
documents at the same time. This allows everyone
to see the progress of comments and address them
more efficiently. We can also invite the City to join the
studio and provide comments in that way as well if it
is efficient for them to do so.
SCOPE OF WORK
TASK is PROJECT KICK—OFF AND
DATA COLLECTION
A. Kick-off meeting: meet with project stakeholders
/City staff to recap and refine the project intent,
scope, project budget, schedule, and milestones.
1. identification of roles and responsibilities of
consultant team, and the City staff.
2. Confirm overall project schedule, milestone
submittals and submittal protocols.
3. Review the project's goals and objectives
with staff.
4. Establish availability of additional files, maps,
reports, and in-house documentation.
��� RFP NO 25-52 FOR $QNITA CREEK PARK ATHLETIC FIELD TURF REPLACEMENT DESIGN SERVICES VERDE DESIGN, INC.
�4wF�J
16-18
5. Discuss the City requirements, standards,
and regulations including synthetic turf
system preferences.
B. Initiate topographical survey using vertical datum
NAVD$$, that includes the limits of scope of work
for the project site, including areas immediately
adjacent to limits of work. This survey will include
1-foot contours. Existing trees, visible utilities, ir-
rigation valve boxes, structures, fencing, recorded
easements, and other physical improvements will
be included. The survey documents will be provid-
ed in AutoCAD format and will serve as the basis
for our design improvement drawings. Copies of
the topographic survey files and field notes will be
provided to the City.
C. Review existing topo documents, record, and
utility plans as well as other background data
to familiarize ourselves with existing conditions
and improvements.
D. Evaluate existing turf system and subgrade.
Perform drainage testing on existing permeable
base material and provide recommendations for
new synthetic turf replacement system.
E. Evaluate existing irrigation conditions and
provide recommendations.
F. initiate geotechnical investigation (if necessary).
G. Structural and percolation borings (minimum
of three each) will be provided to inform proper
design of structural footings and pavement
sections, soil porosity data, and storm water
mitigation measures.
H. Perform an accessibility evaluation on site for
path of travel from the ADA parking stalls into
the site including access to the fields and the
existing building.
TASK 2: CONCEPTUAL DESIGN
A. Using the topographic survey document as our
site plan and the information collected at the
kickoff meeting and the outreach events, we will
prepare a conceptual design for the park that
includes the design criteria noted in the RFP and
in our understanding for review and comment.
B. Work with the preferred synthetic turf/infill/shock
pad manufacturer to provide information for
the estimate.
C. Rough order of magnitude estimate of probable
construction cost will be prepared for the ap-
proved conceptual plan.
D. The conceptual plan will be presented at a Parks,
Beaches, and Recreation Commission meeting.
E. Consultant will participate in two (2) in person
meetings, or a reasonable number of virtual
meetings during this phase.
F. Basis of Design document.
1. Once a final design has been selected, we
will prepare a "Basis of Design" document
establishing/summarizing the project scope,
programming, and design criteria. The Basis
of Design document will include size / ca-
pacity, quantity, materials, and architectural
style as well as deferred submittals and direct
purchase options for cost savings. our fee as-
sumes deferred submittals for prefabricated
and/or pre-engineered furnishings once a
purchase order has been issued. This typically
occurs once the contractor has contracted
with the manufacturer unless the City enters
into a direct purchase agreement prior to
commencement of construction.
G. Submittal booklet preparation and review. Sub-
mittal booklet will include the following:
1. Conceptual design plan and comments from
the City.
2. Permeable base testing data.
3. Basis of Design Document,
4. Design log.
5. Cut sheet/data for synthetic turf system.
B. Rough order of magnitude cost.
7. Updated project schedule.
TASK 3: CONSTRUCTION DOCUMENTS
Construction document submittals will occur at 65%,
90% and 100% complete milestones. We will provide
the City with electronic copies in AutoCAD and PDF
formats as requested. We understand that the City
anticipates a period of two (2) weeks for drawing
review. Drawings will comply with adopted federal,
state, and local laws, ordinances and codes and will
be developed using AutoCAD Version 2023 and docu-
ments will be developed using Microsoft office Suite.
RFP NO.25-52 FOR BONITA CREEK PARK ATHLETIC FIELD TURF REPLACEMENT DESIGN SERVICES
4iw►+''
VERDE DESIGN, INC.
16-19
A. Our construction drawings pack-
ages will include the following plan
sheets below:
a
N
A
E
1. Cover sheet.
2. Existing conditions plan.
3. Accessibility plan.
4. Demolition plan.
5. Erosion control plan.
6. Grading plan.
7. Drainage plan
B. Horizontal control plan.
9. Materials and detail reference
plans (site plan).
10. Irrigation plan & details (turf
cooling/cleaning),
11. Sports lighting retrofit - LED
photometric plans.
12. Construction details.
13. SWPPP (90% & 100% submittal).
All improvements within the scope of work
will not only comply with ADA and State
Accessibility requirements.
Technical specifications will be set up in CSI for-
mat utilizing City standards and will also refer-
ence standard specifications for public works
construction. We understand that the City will
provide their own updated "front-end" and gen-
eral conditions documents (divisions 00) to olign
with the project. Technical specifications will be
provided relative to the improvement plans
Project update meetings: We will be available for
in person or virtual meetings at each submittal
milestone. Additional informal phone calls/dis-
cussions, virtual meetings with the City's proj-
ect manager are also included throughout the
design process.
A submittal book which will supplement the plans
and specifications will be provided and will include
1. Estimate of probable construction cost up-
dates (phases of construction will be noted in
the estimates).
2. Material reference and product cata-
log cut sheets for all proposed elements if
not already provided within construction
drawing sheets.
Sodtllebaok College, Mission Viejo
3. Design log/fist of design process questions
& directives.
4. Basis of Design document
5. Updated plan set.
6. Updated specifications.
TASK 4: BIDDING SUPPORT
A. Attend and assist in pre -bid Meeting/site walk.
B. Respond to bidder's questions/RFls.
C. Write addendums in response to bidder questions
and design changes.
D Assist in reviewing and analyzing bids. Recom-
mend approval of lowest responsive bid for City
consideration and award.
TASK 5: CONSTRUCTION SUPPORT
RECORD DRAWINGS
A. Attend one (1) pre -construction meeting, prepare
meeting minutes
B. Respond to construction questions, request for
information, and provide clarifications
C. Review submittals and shop drawings.
D. Provide design directives or Architect's Supple-
mental Information (ASI) if necessary.
E. Review price requests and change orders.
a
RFP NO 2"2 FOR BONITA CREEK PARK ATHLETIC FIELD TURF REPLACEMENT DESIGN SERVICES VERDE DESIGN, INC.
SerFpR{,J
16-20
F. Attend milestone construction meetings and
site visits. We are including seven (7) milestone
construction/site observation meetings. We un-
derstand that the City will be conducting daily
construction management services with the con-
tractor. We will be providing assistance.
G. Attend a substantial completion site punch walk.
H. Attend a final field and site walk.
1. Review contractor as -built red lined plans and set
up a CAD file of the plans and provide As -built f
Record drawings. Original record drawings will be
provided in both electronic files (CAD and PDF) as
well as hard copies if requested. NOTE - As we pro-
vide RFI responses and/or field directive responses,
we update our CAD files during construction.
SPECIAL PROVISIONS
A. Services or information requested from the City:
1. Improvement plans or available as-builts for
existing improvements and utilities servic-
ing the site such as storm drain, water, sewer,
electrical and irrigation plans.
2. On -going development plans that may be
related to the project site.
3. Applicable City standards and guidelines.
4. City standard specifications, details, and
electronic title block or logos.
5. Inspection and testing during construction.
6. Property Title Reports to establish property
boundaries and/or easements if applicable.
7. Daily construction management of the
project construction.
8. City signed bid set copies for project team
(PDF is acceptable).
B. For purposes of clarity, the following items are
specifically not included in the scope of services
because they were not expressly requested in the
RFP however additional services and relative fees
can be provided upon request.
1. Meetings other than those listed.
2. Improvements outside the limits of work.
3. Renderings or presentations beyond what is
included in the scope of work.
4. Permit fees associated with the project.
Estuary Part, City 0' Alamada
5. Inspection and testing required
during construction.
6. Design for areas not identified in the
project understanding.
7. Lega# descriptions and assessments.
8. Drainage design within public ROW areas or
new City/public utility systems.
9. Construction staking.
10. Mapping services not specifically noted such
as private easements, quit claims, ALTA's, ROW
dedications, record of survey and property
boundary survey.
11. Separate bid packages or construction
sequences implementation beyond what
is proposed.
12. Significant design revision requests at the 65%
CD submittal and beyond.
13. Geotechnical services during construction
materials testing.
14. QSP services, REAP and SMARTS
database reporting.
15. Establishment of new electrical service or
electrical panels.
16. Accessibility assessment inside the
existing building.
(9 RFP NO 25-52 FOR BONITA CREEK PARK ATHLETIC FIELD TURF REPLACEMEN I DLI;IGN SERVICES
VERDE DESIGN INC.
16-21
EXHIBIT B
SCHEDULE OF BILLING RATES
Verde Design, Inc Page B-1
16-22
TAB
8 PROPOSED SEE
WITH BILLING RATE
PROFESSIONAL COMPENSATION
Based on the City of Newport Beach's (City) proposed RFP for Bonita Creek Park Athletic Field Turf Replacement
Design Services, Verde Design respectfully requests the below fees, including all reasonable reimbursable
expenses that are outlined to be included in the project. Our fee is based upon our understanding of the
scope based upon the RFP. If the project scope changes or our understanding is incorrect, we will discuss
the changes with the City and modify our scope and fee if necessary. Please see the following page for our
fee/rote schedule.
INDIVIDUAL
Task h Project Kick-Off/Data Collection $ 92,551
Task 2: Conceptual Design
Task 3: Construction Documents
Task 4: Bidding
Task 5: Construction
$ 24,475
$ 184,515
$ 9,340
$ 41,420
RFP NO.25-52 FOR BONITA CREEK PARK ATHLETIC FIELD TURF REPLACEMENT DESIGN SERVICES VERDE DESIGN, INC. 114
9
16-23
BILLING
DFEE
TAB 8WITHRATE
IJ
Verde Design
Charge Rate Schedule
Effective until December 31, 2025
The following chart outlines the current charge rate for professional and office costs. Reimbursable
rates and expenses are shown at the bottom.
Project Rates
Principal
$275.00 per hour
Project Manager/Construction Manager
Level Four
$260.00 per hour
Level Three
$240.00 per hour
Level Two
$195.00 per hour
Level One
$180.00 per hour
Project Engineer
Level II
$200.00 per hour
Level i
$185.00 per hour
IT Manager
$195.00 per hour
CAD Manager
$190.00 per hour
Project Designer
$175.00 per hour
Job Captain/Staff Engineer/Construction Administrator
$165,00 per hour
Draftsperson Level II
$160.00 per hour
Draftsperson Levef 1
$155,00 per hour
Project Administrator
$100,00 per hour
Intern
$85.00 per hour
Reimbursable Rates
Blueprints, Printing and Reproductions Cost plus 10%
Sub Consultant Services Cost plus 10%
Reimbursable Expenses
Blueprints and Reproductions Travel Expenses
Photography Parking and Toll Expenses
Models and Renderings Permit Fees
Postage/Overnight Mail Service Courier Delivery Service
(9 ... .
RFP NO.25-52 FOR BONITA CREEK PARK ATHLETIC FLELID TURF REPLACEMENT DESIGN SERVICES
i;. 2/4
16-24
arcur unau,.,y,ne.«n
i•i•ii�ii��
i•
_
�i■
iiG7i�®®ii�ii�7��7���i•i•!®�i�
ii�!
�
i
i•
ii•
i
its
i•
i•
i•!
i•
i•
Ai•
.
li��
i�i�ii�]iIl�i•i•i•i•i!�]i•
mmalm
SM
- -
!�i•ii•ii•iit�i•i•i•i•i!i•
�i!`ri��x—•.-r:,
. ,
i!i•ii•ii�ii•iit�i•i•i•i•i•ii
�i•
®®i®i®ii�ii
i•i•i•!®i•
si•
i•®®i®®®i®®®i•i•i•i•®�i•
ti•
�inrdn��il�i�i3�'
®��i�i�liR_l�i•i•i•!i•
�i•
i•i��7®�iiflG7�67iii�lim�i•i•i•i•®1�7i•
i•
i■i�ii9®iliiii7®i•i•!i•i7i•
ri••.
-
iA�A7.Cli®�l�l�iiLE��li•i•isi•i�i•
�i•
�i�7iii7�]ii��C7�i�®�i•i•iliAi♦
Si•
itiE�liEL�i®®i�ii'�1im�i•!iEliFF.�7i•
� i•
liEik
�1�3E7i�1ii�P7®®i®ifr'l�i•i�i�i•®�li•
��
..
itiF�d�li�ir7�l�iiR:li•i�i•i•®�i•
�i•
... -
ifi��7l7�1ii�7i®ii�i�7iri�itl��7�
. ..
®®�i®®ii�lii�7ii�i�3�7i•i•
i�i��Tli•
�i•
ii�7iiS�1i�*l•.7�aliiili�i�i•i•®�7�
�i•
.:..
i�i�iA+7ii�SS�7�I]i�i�1i5�'']i•i•i•i•®f�li•
�i■
if®i!'fii37�a•7iii�4�i�
li�7i�
�i•
isi�i®i®i®®i®®®i•
i•i�i•
� i•
®iiiili®ii®®i•i•i•!®i•
� i!
�ii®ii�i®ii�iii•li�
i1-"'
i•isii•ilii•ii•�i•ii!!i�!
�i•
i•i�i�1.WNii��di��i�i�i♦li�i�
�!
i•i!ii�iii®i•i•i•li�
�i�
isi�®®®i®i®!®i•i•i�i•®�i•
�i•
iRi��7iiik�i®ii•i�i•iwJi•
�!
-
i•iC{L7�37ifii�ii'i�li•i•ii®A�7i•
Si•
-
i•i�®®®i��i®ii�1®®i•i'i•��li•
��
i•i�i�ili®ii�1®i•i�i•!®�i•
�i!
i�i�ii�ii#]F��7m
E[]ii�7li•i�i•lii♦
�i�
�i�7it1iiP3�1�1i7i�7�ii�i•i•E+7i•
�i
i•i�®i�ii�7®i�ii��i•ii!!®�i•
�i•
i•iE�i7tS]i0®i®®i
ii�P7®�i•i!i•i•�S1C7i
iAiR7C7�7if17ii�l�A7iiP�]MENNENili•i=M�
�i•
i•i�lii�i®®i�lii�7�1i•i�i•i•®�Tli•
�i•
i•imi®�i®®®�ii�®S�lii!'!®g'ECii•
Si•
iliii�iiii�im�ili�i�i�i�i�
�i�
i�i�ii�fii�]�'Ellii�Tilli•isi•!i"e3i•
�i•
.. .. ..
i•i�i®�ii�iiFi�ii�7�i•is!li�i•
�i!
i•i6��Sl�ilfiR'•&l�Tli�lii•isi�i���li�
�i•
i•®�7®Imii�ii��fi•!!li�i•
�i•
i•®iiai�l�1®�ii%��i•i!!l�il'iFi�
16-25
��i�
-
�i���lr�w�www
i�■rrrr�
1i�
■ifi
i®iii®i®�i�i�i�i�i�i�
0
�Mwmmax=ii�i�i!®ice
!i1
i�i�ii�7i�lrS•7i®�'S9ii�=L�iii�ii�*]
�irSgi�iil4E&�li��ii�ii"
16-26
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 Contract, 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 providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California. In
addition, Consultant shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with California law for all of the subcontractor's employees.
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, employees, and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary excess/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 two million dollars ($2,000,000) per
occurrence and four million dollars ($4,000,000) general aggregate. The
policy shall cover liability arising from bodily injury, property damage,
products -completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
Verde Design, Inc Page C-1
16-27
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
Contract, 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 for each accident.
D. Professional 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 two million
dollars ($2,000,000) per claim and four million dollars ($4,000,000) 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.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract, then
said policies shall be "following .form" of the underlying policy coverage,
terms, conditions, and provisions and shall meet all of the insurance
requirements stated in this contract, including, but not limited to, the
additional insured and primary & non-contributory insurance requirements
stated herein. No insurance policies maintained by the City, whether
primary or excess, and which also apply to a loss covered hereunder, shall
be called upon to contribute to a loss until the Consultant's primary and
excess/umbrella liability policies are exhausted.
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 Contract shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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 and insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
excess/umbrella 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,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
Verde Design, Inc Page C-2
16-28
contemplated by this Agreement shall be included as additional insureds
under such policies.
C. Primary and Non -Contributory. Consultant's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its City Council, boards and commissions, officers, agents, volunteers
and employees. Any insurance or self-insurance maintained by City shall be
excess of Consultant's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days' notice is required) 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. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements 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
Contract. 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 complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any time
during the term of the Contract 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
Verde Design, Inc Page C-3
16-29
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 Contract 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 Exhibit A 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 proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Consultant agrees not to self -insure or to use any
self -insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Consultant's existing coverage includes a self -insured
retention, the self -insured retention must be declared to City. City may
review options with Consultant, which may include reduction or elimination
of the self -insured retention, substitution of other coverage, or other
solutions. Consultant agrees to be responsible for payment of any
deductibles on their policies.
G. City Remedies for Non -Compliance. if Consultant or any subcontractor 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
Contract, 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 Contract, 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.
Verde Design, Inc Page C-4
16-30
Consultant's -Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgement may be necessary for its proper protection and prosecution of
the Work.
Coverage Renewal. Consultant will renew the coverage required here
annually as long as Consultant continues to provide any Work under this or
any other Contract or agreement with City. Consultant shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
Verde Design, Inc Page C-5
16-31
niiu�oinmooiunaoiioui0miiimmumuuin
STATE OF CALIFORNIA
Pi . sunaii ' . 3
T Office of the Secretary of State
® STATEMENT OF INFORMATION
CORPORATION
California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 657-5448
Entity Details
Corporation Name VERDE DESIGN, INC.
Entity No. 2947281
Formed In CALIFORNIA
Street Address of Principal Office of Corporation
Principal Address
Mailing Address of Corporation
Mailing Address
Attention
Street Address of California Office of Corporation
Street Address of California Office
Officers
2455 THE ALAMEDA
STE. 200
SANTA CLARA, CA 95050
2455 THE ALAMEDA
STE. 200
SANTA CLARA, CA 95050
Nance Cronin
2455 THE ALAMEDA
STE. 200
SANTA CLARA, CA 95050
For Office Use Only
-FILED -
File No.: BA20250487945
Date Filed: 3/7/2025
officer Name
Officer Address
Position(s)
DEREK C MCKEE
2455 THE ALAMEDA
Chief Executive Officer
SANTA CLARA, CA 95050
Mark Baginski
2455 The Alameda
Secretary
Santa Clara, CA 95050
Nance N Cronin
2455 The Alameda
Chief Financial Officer
Santa Clara, CA 95050
Additional Officers
Officer Name
Officer Address
Position
Stated Position
Devin M Conway
2455 THE ALAMEDA
SANTA CLARA, CA 95050
Vice President
Directors
Director Name
Director Address
Derek C McKee
412 Sumner St.
Santa Cruz, CA 95062
Devin M Conway
16150 Jacaranda Way
Los Gatos, CA 95032
Antonia B Conway
16150 Jacaranda Way
Los Gatos, CA 95032
Mark Baginski
523 Palm Street
Santa Cruz, CA 95060
Nance N Cronin
3155 Cedarwood Dr.
Tahoe City, CA 96145
W
Ln
0
N
i
w
00
N
N
0
w
0
\
N
O
N
Ln
N
0
N
N
(D
n
ID
N-
rD
!z
t5'
n
a
N-
rt,
0
ti
N-
rn
m
n
fi
(D
rt
Pi
Fi
K
0
M
rn
rt
fL
rt
(D
Page 1 of 2
16-32
The number of vacancies on Board of Directors is: 1
Agent for Service of Process
Agent Name NANCE N CRONIN
Agent Address 3155 CEDARWOOD DRIVE #5611
TAHOE CITY, CA 96145
Type of Business
Type of Business LANDSCAPE ARCHITECTURE & CIVIL ENGINEER
Email Notifications
Opt -in Email Notifications Yes, I opt -in to receive entity notifications via email.
Labor Judgment
No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards
Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or
provision of the Labor Code.
Electronic Signature
® By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign.
Nance N. Cronin 0310712025
Signature Date
to
w
to
0
N
W
co
N
w
0
w
0
J
N
O
N
to
0
N
N
iD
n
m
w-
m
n
N
N-
F-h
O
�i
Sv
in
fD
0
ri
fD
rt
Fi
O
rh
m
rr
W
rt
rD
Page 2 of 2
16-33