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20220920_04_PSA Multi Year On Call for CD

Laguna Niguel City Council
September 20, 2022

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20220920_04_PSA Multi Year On Call for CD
Meeting
September 20, 2022
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Laguna Niguel City Council
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4
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CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
1989
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
DATE: September 20, 2022
SUBJECT: Approval of Multi-Year Professional Services Agreements and Amendments for On-Call Professional Services

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Amendment No. 2 to the Professional Services Agreement for On-Call Professional Services with JHD Planning, LLC.

2. Approve multi-year Professional Service Agreements and Amendments for On- Call Professional Services with:
• BB Architects, Inc.
• I MCG Architecture, Inc.
• RRM Design Group, Inc.

3. Authorize the City Manager to execute all Professional Services Agreements and Amendments subject to the City Attorney making non-substantive changes.

BACKGROUND
On February 18, 2020, the City Council approved the use of an on-call list of prequalified firms on an as-needed basis in support of Community Development Department functions. On-call professional services agreements with these firms were completed shortly thereafter.

Since this time, City staff has identified additional areas related to the performance and goals of Department functions and strategic plan priorities where the use of on-call services is necessary, including Housing Consulting Services and Architectural Services.

ANALYSIS
The recommended agreements are included as Attachments "A" - "G" to this report. As proposed, the amendments will run through the end of the on-call term, which concludes

Page 2 ends

June 30, 2025. Spending caps based on potential workflow during the term are included for each amendment.

Housing Consulting Services
On February 19, 2020, the City entered into a Professional Services Agreement with JHD Planning, LLC, to provide on-call housing consulting services, and on March 27, 2020, the Agreement was subsequently amended to approve a project-specific scope for the preparation of the draft 6" Cycle Housing Element.

On October 19, 2021, the Laguna Niguel City Council approved the 6th Cycle Housing Element produced under the above amendment. On January 19, 2022, the City received comments on the adopted Housing Element from the State of California Department of Housing and Community Development (HCD). To respond to HCD's comments and obtain HCD certification, the City has requested JHD Planning, LLC, to provide general on-call services to assist and advise staff on an as-needed basis.

Based on the above, staff recommends award of Amendment No. 2 to the Professional Services Agreement with JHD Planning, LLC, to run through the completion of the contract term and to include a total not to exceed amount of $100,000, as described in Attachment "A" to this report.

Architectural Services
On July 15, 2022, City staff distributed a Statement of Qualifications (SOQ) for on-call as- needed architectural services. Potential services include, but are not limited to, peer review of developer submitted architectural plans and collaborating with City staff in updating architectural design guidelines. As a result of the SOQ, staff received qualifying proposals from three architecture firms to be on the City's on-call list. The three proposals requesting consideration to be included on the pre-qualified list for on-call architectural services were evaluated by staff based on relevant factors, including:
• Qualifications, staffing, background, and prior experience. • Approval and understanding of the service area.
• Cost to provide requested services.
• Clarity, conciseness, and timeliness.

Based on the above, staff recommends award of multi-year agreements and first amendments to the following firms, to run through the completion of the contract term and to include an annual not to exceed amount of $150,000, as described in Attachments "B" - "G" to this report:

Architectural Services
• BB Architects, Inc.
• MCG Architecture, Inc.
• RRM Design Group, Inc.

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ALTERNATIVES CONSIDERED
The City Council may decide not to approve one or more of the agreements and/or amendments. This alternative is not recommended as it would result in delays in services and future projects.

FISCAL REVIEW
There is adequate funding in the Fiscal Year 2022-23 Community Development lepartment Operating Budget to address any costs associated with services. No nev ppropriations are requested in connection with approval of the recommende amendments.

LEGAL REVIEW
The City Attorney has reviewed and approved the agreements and this staff report as to form.

CONCLUSION
Staff recommends that the City Council:

1. Approve Amendment No. 2 to the Professional Services Agreement for On-Call Professional Services with JHD Planning, LLC.

2. Approve multi-year Professional Service Agreements and Amendments for On- Call Professional Services with:
• BB Architects, Inc.
• MCG Architecture, Inc.
• RRM Design Group, Inc.

3. Authorize the City Manager to execute all Professional Services Agreements and Amendments subject to the City Attorney making non-substantive changes.

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Jamas Setowneau Riches Santo
Tamara S. Letourneau Nicholas Ghirelli
City Manager Interim City Attorney
battend.

Jonathan Orduna Hannah Tamaddon
Community Development Director Administrative Secretary Attachments:

A. Amendment No. 2 to the Professional Services Agreement with JHD Planning, LLC B. Draft Professional Services Agreement for On-Call Architectural Services with BB Architects, Inc
C. Draft Amendment No. 1 to the Professional Services Agreement with BB Architects, Inc
D. Draft Professional Services Agreement for On-Call Architectural Services with MCG Architecture, Inc
E. Draft Amendment No. 1 to the Professional Services Agreement with MCG Architecture, Inc
F. Draft Professional Services Agreement for On-Call Architectural Services with RRM Design Group, Inc
G. Draft Amendment No. 1 to the Professional Services Agreement with RRM Design Group, Inc

ATTACHMENT A
Amendment No. 2 to the Professional Services Agreement with JHD Planning, LLC
AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES

ON-CALL HOUSING CONSULTING SERVICES
THIS AMENDMENT NO. 2 TO THE AGREEMENT (this "Amendment No. 2") for Professional Services is entered into as of
the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and JHD Planning, LLC, a California limited liability company, hereinafter the "Consultant".

RECIIALS:

1. Original Contract
A. On February 19, 2020, the City entered into a Professional Services Agreement with the Consultant to provide On-Call Housing Consulting Services as requested by the City (the "Agreement").

2. Amendment No. 1
A. On March 27, 2020, the City entered into Amendment No. 1 to the Agreement ("Amendment No. 1") with the Consultant for On-Call Housing Consulting Services.

B. The purpose of Amendment No. 1 was to include the following compensation and services related to the 6th Cycle Housing Element:
analysis and documentation preparation ($25,300.00); public meetings ($9,600.00); CEQA documentation - IS/ND ($9,260.00); reimbursable expenses ($100.00); and general assistance ($5,000.00).

C. Pursuant to Amendment No. 1, the Scope of Services included a budget not to exceed $49,260.00.

3. Amendment No. 2
A. On October 19, 2021, the Laguna Niguel City Council approved the 6th Cycle Housing Element produced under Amendment No. 1. On October 21, 2021, the California Department of Housing and Community Development (HCD) received the Element, and on January 19, 2022 staff received additional comments from HCD.

B. To respond to HCD's comments, and obtain HCD certification, the City has requested the Consultant provide general on-call services to assist and advise staff on an as needed basis through completion of the contract term, June 30, 2025, as described in Exhibit "A-2" (the "Cost Proposal") attached hereto and incorporated herein.
1 C. City now desires to enter into Amendment No. 2 to the Agreement with the Consultant to perform all the requested services identified in Exhibit "A-2" and to terminate and supersede Amendment No. 1.

AGREEMENI:

NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:

1. Services to be Performed by Consultant. Consultant agrees to perform on-call professional services for the city and to prepare and deliver the work products to City as described in Consultant's Cost Proposal, identified in Exhibit "A-2". It is understood that the professional services required by Exhibit "A-2" will be provided on an as-needed basis with the City determining and advising the Consultant as to the professional services required, with a schedule for each task to be mutually agreed upon by the City and the Consultant.

2. Additional or Different Services. Any proposed changes in the Cost Proposal (Exhibit "A-2") shall be made only by written amendment to this Amendment No. 2 to the Agreement.

3. Term. This Amendment No. 2 shall become effective on the date stated above and will continue in effect until the work required by this Amendment No. 2 is completed or the Agreement expires, whichever comes first, subject to termination as provided in paragraph 28 of the Agreement except the indemnification provisions contained in paragraph 19 of the Agreement shall remain in full force and effect after Amendment No. 2 is terminated.

Payment for Services. City agrees to pay Consultant for providing the professional services described in Exhibit "A-2," and to pay for those services in the amount and in the manner set forth in Exhibit "A-2," in an annual amount not to exceed One Hundred Thousand Dollars ($100,000.00). Consultant shall invoice the City monthly on a time and materials basis. City shall pay all proper invoices within thirty (30) days of receipt. Should City wish to dispute an invoice, it must do so in writing within twenty (20) days of receipt.

Otherwise, invoices shall be deemed accurate and payable according to the terms thereof.

5. Time is of the Essence. Paragraph 6 ("Time is of the Essence") shall be deleted in its entirety.

6. Automobile Liability Insurance. Paragraph 20 B.2 shall be amended to read as follows: Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of work to be performed under this Agreement, including coverage for any hired, non-owned or rented vehicles, in an amount not less than $500,000 combined single limit for each accident. 2 Continuation of Terms and Conditions of the Agreement. Except as otherwise expressly provided in this Amendment No. 2, all terms and conditions of the Original Agreement shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 2.

Termination of Amendment No. 1. The Parties agree that Amendment No. 1 shall terminate effective on the date that Amendment No. 2 is entered into.

9. Authority to Sign. The persons executing this Amendment No. 2 on behalf of the Consultant warrants and represents that they have the authority to execute this Amendment No. 2 on behalf of the Consultant and have the authority to bind the Consultant to the performance of the obligations hereunder.

I|I
3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 to the Agreement as of the date first above written.
"CITY"

CITY OF LAGUNA NIGUEL
By Tamara S, Letourneal
City Manager
ATTEST:

Marissa Asistin
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Nicholas Ghirelli
Interim City Attorney
"CONSULTANT"
JHD Planning, LLC
a California limited liability company
By:

Print Name:

Title:

By: _
Print Name:

Title:
4 EXHIBIT "A-2"

COST PROPOSAL
Assistance will be provided on a time-and-materials basis at an hourly rate of $175 with a total budget not to exceed $100,000.

Task 1 • Assist City staff in responding to HCD comments and 2021-2029 Housing making appropriate revisions to the City's adopted Housing Element.

Element Update
Task 2 • Advise City staff in determining appropriate CEQA documentation for the Housing Element and related
CEQA actions.

Documentation • Prepare CEQA documents as directed by City staff.

Task 3 • Under the direction of the City's Project Manager, assistance will be provided on other tasks, which may
Other Assistance
include the following:
• Monitor state law and advise the City regarding
compliance strategies.
• Assist with implementation of Housing Element
• Assist in preparing annual progress reports.

Assist in coordinating with SCAG and the Center for
Demographic Research on growth forecast issues.
• Assist in preparing updates to other elements of the
General Plan or Zoning Ordinance.
• Other tasks as requested by the City.

ATTACHMENT B
Draft Professional Services Agreement for On-Call Architectural Services with BB Architects, Inc

AGREEMENT FOR PROFESSIONAL SERVICES
(COMMUNITY DEVELOPMENT DEPARTMENT)

ON-CALL ARCHITECTURAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into as of _, by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and BB Architects, Inc., a California Corporation, hereinafter the "Consultant".

RECITALS:

A. The City desires to contract with selected professional consultants to provide On-Call Architectural Services to support the Community Development Department.

B. The City circulated a Statement of Qualifications for the above- described professional services on July 15, 2022.

C. Consultant submitted a proposal to City to provide the above-described professional services dated August 12, 2022.

D. City Staff has reviewed all the proposals and after considering the demonstrated competence of Consultant, the professional qualifications of Consultant, and the fairness and reasonableness of Consultant's proposed cost, staff has determined that an agreement to provide the required services should be awarded to Consultant.

E. The City desires to enter into an agreement with Consultant for the above- described professional services.

AGREEMENI:

NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows:

1. Services to be Performed by Consultant. Consultant agrees to perform the professional services for City and to prepare and deliver the work products to City, in a manner satisfactory to City, as described in the Scope of Services ("Scope of Services"), which is attached hereto as Exhibit "A" and incorporated herein by this reference.

2. Additional or Different Services. Any proposed changes in the Scope of Services which are the subject of this Agreement shall be made only by written amendment to this Agreement.

3. Term. This Agreement shall become effective on the date stated above and will continue in effect until June 30, 2025 or until the work required by this Agreement is completed subject to termination as provided in paragraph 27, except the indemnification provisions contained in paragraph 18 shall remain in full force and effect after the Agreement is terminated. The parties may mutually agree in writing to extend the Term of the Agreement.

4. Payment.

A. Payment for Services. City agrees to pay Consultant for providing the professional services which are described in the Scope of Services, and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "A" (Scope of Services). Pricing for each project performed hereunder shall be determined by the hourly rates set forth in "Scope of Services" which is attached hereto as Exhibit "A" and shall remain valid for the term of the Agreement.

B. Invoices. Upon submission of each invoice, if the City is satisfied that the Consultant has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within 30 days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld.

5. Ownership of Documents and Drawings. All original drawings, plans, designs, reports, notes, calculations, maps, and other documents developed during the course of Consultant providing the professional services required by the Scope of Services shall be the property of the City and shall be provided by Consultant to City upon their completion and payment of relevant invoices, or in the event the Agreement is terminated prior to completion, Consultant shall provide all work in progress, subject to payment of relevant invoices. Further, even if this Agreement is terminated, said documents shall be the property of the City and may be used by City as it determines appropriate. Reuse or modification of any such documents by the City for purposes outside of the Scope of Services set forth in this Agreement, without Consultant's written permission, shall be at City's sole risk, and City agrees to indemnify and hold Consultant harmless from all claims, damages, and expenses, including attorney's fees, arising out of such reuse by City or others acting through City; however City shall not be liable for any unauthorized use by third parties.

6. Time is of the Essence. Consultant agrees to perform the services and deliver the work products provided for herein in strict accordance with any schedules set forth in the attached Exhibit "A" (Scope of Services). Notwithstanding any other provisions of this Agreement, the Consultant shall not have liability for, or be deemed in breach of delays caused by, any factor outside of its reasonable control, including but not limited to natural disasters, adverse weather, or acts of the City, third parties, or other governmental agencies.

Consultant to Supply Instrumentalities. Consultant shall supply all instrumentalities required to perform the services under this Agreement.

Licenses; Standard of Care.

A. Qualifications. Consultant represents and agrees that all personnel engaged by Consultant in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approvals required of its profession to provide the services and work required to be performed by this Agreement. Consultant further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.

Standard of Care. Consultant shall perform the services under this Agreement in a skillful and competent manner. The Consultant shall be responsible to City for any errors or omissions in the performance of work pursuant to this Agreement.

Should any errors caused by Consultant be found in such services or products, Consultant shall correct the errors at no additional charge to City by redoing the professional work and/or revising the work products) called for in the Scope of Services to eliminate the errors.

9. Legal Responsibilities. Consultant shall keep itself informed of all State and Federal laws and regulations which may, in any manner, affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph.

10. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Consultant without the prior written consent of City.

11. Subcontracting Subject to Approval. Consultant may not subcontract any portion of the work required by this Agreement to other persons or firms unless Consultant first obtains the written consent of City to engage in such subcontracting.

12. Independent Consultant. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Consultant or any of the Consultants officers, employees, or agents. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents, are officers, employees, or agents, of the City. Except as specified in writing by City, Consultant shall have no authority, expressed or implied, to act on behalf of City, and Consultant shall have no authority, expressed or implied, to incur any obligation or liability against the City.

Consultant shall be responsible for and pay all taxes and other payments for Consultant and its employees for Federal and State income taxes, including withholding of taxes, Social Security, worker's compensation insurance, State disability insurance, unemployment insurance, and all other similar items.

13. Administration. This Agreement will be administered by the Public Works Department. The Public Works Director or his or her designee shall be considered the Project Manager and shall have the authority to act for the City under this Agreement.

The Project Manager shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement.

14. Progress. Consultant is responsible to keep the Project Manager informed on a regular basis regarding the status and progress of the work being performed pursuant to this Agreement.

15. Cooperation of City. City agrees to comply with all reasonable requests of Consultant and provide access to all documents reasonably necessary for the performance of Consultant's duties under this Agreement.

16. Confidentiality. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work being performed pursuant to this Agreement shall be made without prior written approval of the City. The information which results from performing the services required by this Agreement is to be kept confidential unless the release of information is authorized by the City.

17. Conflicts of Interest. Consultant represents that it is not currently engaged in and has not contracted to perform work on the behalf of any party or parties whose interests are or would reasonably appear to be adverse to those of City. In the event that Consultant should discover that it has represented, is representing or is being requested to perform work for a party or parties with interests adverse to those of City, Consultant shall immediately notify City in writing of such situation. Said notification requirement shall apply to all work performed by Consultant for another party or parties, with interests adverse to those of City, on a subcontract as well as on a contract or other basis. Further, the Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall comply with all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. Consultant agrees not to provide services within the City boundaries for any other public or private entities without prior written approval from City.

18. Indemnification.

A. General Indemnity. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent consultant in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

B. For Design Professional Services. If Consultant's services hereunder include the performance of professional services by a "design professional," as the term is defined under California Civil Code § 2782.8(c), then to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless the Indemnitees, and each of them, from and against any and all Liabilities, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement.

Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant, exceed Consultant's proportionate percentage of fault.

C. Subconsultants. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.

D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

E. Survival and Offset. The provisions of this Section 19 shall survive the termination of this Agreement. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph.

19. Liability Insurance.

A. Insurance Policies. Without limiting Consultant's indemnification of City as described in paragraph 19, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement.

B. Named Additional Insured. The City of Laguna Niguel and its Council members, officers, officials, employees, agents, and volunteers shall be named as additional insureds under the policies required by subparagraphs General and Auto Insurances for all liability arising from Consultant's performance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City.

C. Insurance Coverage. Prior to the commencement of any services hereunder, Consultant shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:
1) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

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 the 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 $1,000,000 combined single limit for each accident.
3) 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 $1,000,000 per claim and 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 (3) years after completion of the services required by this agreement.
4) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed otticers, agents, otticials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications 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 subconsultant.

E. Duration of Coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subcontractors.

Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

G. City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

H. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers 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.

Enforcement of Contract Provisions (Non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

J. 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 the 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.

K. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

M. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

N. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

O. Pass Through Clause. Consultant agrees to ensure that its subcontractor, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultant, and others engaged in the project will be submitted to City for review.

P. City's Right to Revise Specifications. 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 the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.

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 specifications unless approved by City.

R. 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.

S. Additional 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.

20. Nondiscrimination by Consultant. Consultant represents and agrees that Consultant, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or any protected class or basis prohibited by law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

21. City's Rights to Employ Other Consultants. City reserves the right to employ other consultants in connection with the subject matter of the Scope of Services.

22. Consultant's Records. Consultant shall keep records and invoices in connection with it work performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such . Consultan at to represente or your records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records.

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 under this Agreement.

23. Notices. Every notice, demand or request (hereinafter described in this Section as a "Notice") that is given by either party to the other under or in connection with this Agreement shall be in writing, and shall be given: (i) by email, to the applicable email address specified below; or (i) by United States certified mail, postage prepaid, return receipt requested, or by same-day or overnight reputable private courier, addressed to the party to be served at its address below. Either party may change its email address for Notices, or its address for Notices, by a Notice given in accordance with this Section. Notices shall be deemed to have been delivered: (i) if sent by email, on the next business day, provided the sender's email system confirms has been delivered or does not indicate that delivery did not occur, as applicable; (i) if sent by certified mail, three (3) days after deposit into the U.S. mail; and (iii) if sent by private courier, one business day after deposit with the courier for overnight delivery (unless the delivery service indicates to the sender that delivery has not occurred, in which case delivery shall be deemed to occur when the delivery service indicates to the sender that it has actually CITY: City of Laguna Niguel
Attn: Community Development Director
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Email: [email protected]
CONSULTANT: BB Architects Inc.

Attn: Donna Olsen Ballard
1590 South Coast Hwy. Suite 18
Laguna Beach, CA 92651
Email: [email protected]

24. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services described in Scope of Services hereto by Consultant for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to such services by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding such services not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement.

Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement.

26. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California.

Termination. City may terminate this Agreement, without cause or penalty, by providing written notice to the Consultant that the Agreement is terminated. Said written notice shall be provided at least fifteen (15) days in advance of the termination date.

Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in Section 3.

28. Breach of Agreement. If Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance.

In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement.

29. Attorneys' Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

31. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.

32. Authority to Sign. The person(s) executing this Agreement on behalf of the Consultant warrants and represents that they the authority to execute this Agreement on behalf of the Consultant and have the authority to bind the Consultant to the performance of the obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"

CITY OF LAGUNA NIGUEL
By:

Tamara S. Letourneau
City Manager
ATTEST:

Marissa Asistin
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Nicholas Ghirelli
Interim City Attorney
"CONSULTANT"
BB Architects, Inc.
a California Corporation
By:

Print Name:

Title:

By:

Print Name:

Title:

EXHIBIT "A"

SCOPE OF SERVICES
DDA August 12, 2022
City of Laguna Niguel
1590 Attn: Katie Crockett, Senior Planner
30111 Crown Valley Parkway
routh coost hary
Laguna Niguel, CA 92677
suite 18
laguna beach, ca Statement of Qualifications - On-Call Architectural Peer 2 • 949 • 494 • 8093
Review Services
949 • 494 • 2772
Dear Ms. Crockett,
BB Architects, Inc. (BBA) is pleased to provide our Statement of Qualifications for the On- Call Architectural Peer Review Services. Over the past 45 years, BBA has focused its community and design oriented architectural practice on commercial retail design, redevelopment projects, cinema theatre design and renovation, entertainment projects, multifamily condominium projects, apartment renovation, and custom residential design.

We have completed numerous projects in the counties of Orange, San Diego, and Los Angeles as well as throughout the Western United States. BBA has focused on working closely with jurisdictional agencies in the local cities of Laguna Beach, Dana Point, San Juan Capistrano, Hollywood, Alhambra, Corona, Ontario, Long Beach, Riverside, Palm Springs, and Indio.

BBA takes pride in community development, and we have an interest in providing Architectural Peer Review Services to help ensure community design integrity. We strongly believe in community responsive design, and we have had the privilege of working closely with many planning and building departments on a variety of project types that encompass broadly based commercial and redevelopment design experience.

Thank you for the opportunity to submit this statement of qualifications for on-call architectural peer review services for the City of Laguna Niguel.

Respectfully submitted,
Youma Bala
Donna Olsen Ballard, Principal Architect, President
BB ARCHITECTS INC.
1590 South Coast Hwy, Suite 18, Laguna Beach, Ca 92651
DIRECT TEL: 949-494-8093
MAIN TEL: 949-494-8093 x 101
emall: d.olsen @bbarchitec/s.com
1590 South Coast Hwy, Suite 18, Laguna Beach, California 92651 - P: 949-494-8093 - bbarchitects.com Statement of Qualifications - City of Laguna Niguel Page 1 of 10 DDA
Firm Description
1590
BBA is an architectural design firm based in Laguna Beach for the last 45 years. We south coost hwy have completed numerous projects in our city, as well as many other communities, all of which required the application of complex zoning laws, a high-level of suite 18
community involvement, extensive public hearings, and an understanding of aguna beach ce
community sensitive design. We are highly experienced in all these areas. 2 &
949 • 494 • 8093
: 494 • 2272 When designing our projects, we take into consideration site layout, mass, scale, height, material, color, lighting, and the design of the surrounding buildings. All these issues are essential to good design.

A few of our projects include:

1. BBA designed two city blocks for the redevelopment of historic downtown San Juan Capistrano, across from Mission San Juan Capistrano and the Los Rios Historic District. This included Franciscan Plaza | & II, and the award- winning parking structure and train platform.
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1590
routh coost hey
suite 18
laguna beach, co
9 2 6 1
P = 949 • 494 • 8093
94• 2772

2. BBA was the consulting Architect for the Festival of Arts/Pageant of the Masters in Laguna Beach from 1999 to 2011, providing master planning and accessibility design consulting services for new and existing facilities and grounds, including the proscenium stage area and the design of their new Production Building.
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3. BBA designed the Glenneyre Street Parking Structure in Laguna Beach where 1590 there was a classic division of interest between the merchants' needs for more parking and local resistance to further growth. The design of the structure had south coust hwy
to be sensitive to the surrounding townscape.
suite 18
laguna beach. co
2 6
P = 949 •494 * 8093
949 • 494 • 2772

4. BBA was one four firms chosen by the city to prepare a design for the Laguna Beach Village Entrance Project.
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5. BBA is on the City of Anaheim's list of on-call architects. We designed the La 1590 Palma Park Community Center Building for the city, which is currently on hold, and are also designing their Rio Vista Park Renovation. routh coust hwy
suite 18
laguna beoch, ca
9 2 6
• 949 • 494 • 8093
949 • 494 • 2772

6. For a more complete look at our projects, see our website:
www.bbarchitectcts.com
BBA has developed expertise with a suite of digital tools that support enhanced coordination, including virtual studio digital collaboration and Building Information Modeling (BIM). BBA utilizes the latest BIM software and techniques to develop 3D models of our projects that are used in design and construction documentation with the express intention of minimizing conflicts and streamlining design between disciplines. The BIM model also serves as a visualization tool for photorealistic renderings, animation, and virtual reality environments. The use of these tools aid in the early establishment of anticipated outcomes and helps BBA to ensure that our design solutions are properly aligned with the Client's expectations.

In conclusion, all the afore mentioned projects exposed us to the inner workings of the Zoning and Planning Departments of numerous cities. We understand the planning process through our experience and think we would be a great asset to the Laguna Niguel Community Development Department.
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1590 Organizational Chart
south coasi hwy
suite 18 Meet our team through our organizational chart below. laguna beach co
5 • 949 # 494 • 8093
949 • 494 • 2772 BB ARCHITECTS INC. PROJECT MANAGEMENT TEAM

DONNA OLSEN BALLARD
Principal Architect, President

LISA KENSEY BINH DANG
Architect, Project Manager Project Architect
L

ARMIN DE JONG
Production

KATHY LOVEL
Architect, Construction
Administration
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PROJECT MANAGEMENT TEAM

DONNA OLSEN BALLARD, ARCHITECT, LEED AP, CID, NCARB

PRINCIPAL ARCHITECT, PRESIDENT
Donna is a Registered Architect in thirteen states, as BBA has designed projects throughout the Western United States. As Principal Architect for her firm, she is involved with overseeing the projects from planning and design to construction, working with clients to develop a strong link between their program and the design outcome. She has extensive experience in municipal processing and values the importance of community input. Her commitment to environmentally friendly design led to her becoming certified as a LEED AP in 2009. BBA has extensive experience in commercial, entertainment and residential

CAREER SUMMARY
design. Additionally, Donna has served as a City of Laguna Beach Arts Commissioner since 45 years with BBA
45 total vears experience 2012 in order to enhance her community involvement and give back to the city.

EDUCATION
• Registered Architect: States of California, Arizona, Colorado, Massachusetts, New BS Architecture
Cal Poly, SLO Mexico, Nevada, Hawaii, Idaho, Indiana, Oregon, Texas, Washington, and Wyoming • City of Laguna Beach Arts Commissioner since 2012
PROFESSIONAL • Graduated with honors from California Polytechnic State University at San Luis

AFFILIATIONS
NCARB, RA, LEED AP Obispo in 1977 with a Bachelor of Science degree in Architecture LISA N. KENSEY, ARCHITECT, NCARB, CASp

SENIOR ASSOCIATE
Lisa has been with BB Architects Inc for 19 years, and during that time she has been the Senior Project Architect for many of BBA's residential and entertainment industry projects ranging from new builds to renovations and refurbishments. Lisa's broad knowledge base and attention to detail compliments her interest in accessibility through design, and in 2009 she became a Certified CASp specialist. Lisa values the client relationship and has good team building and leadership skills that help insure a successful outcome to her projects.

CAREER SUMMARY
• Registered Architect: States of California, Hawaii, Nevada, and Washington. 19 years with BBA
25 total years experience • CASp (Certified Access Specialist) • Over fifteen years of theatre design, large commercial construction design

EDUCATION
experience and preparation of construction documents for BBA since 2003.

BS Architecture, ASU
Masters Architecture, • Graduated from the University Of California at Los Angeles in 2001 with a Masters UGLA
in Architecture.

PROFESSIONAL • Graduated from Arizona State University in Tempe in 1997 with a Bachelor of AFFILIATIONS Science in Architecture.

NGARB, RA
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PROJECT MANAGEMENT TEAM CONTINUED
BINH T. DANG, ARCHITECT, NCARB,

SENIOR ASSOCIATE
Binh has been with BB Architects Inc for over 21 years and is licensed in 6 states. With over 20 years of architectural design experience, he has lead and overseen large theatre and commercial projects from inception through construction. Binh leads the design team along with providing technical and administrative guidance to colleagues in the preparation of construction documents and specifications. Binh's attention to detail, creativity and client communication skills have insured projects are completed on time, on budget and are functional as well as beautiful.

CAREER SUMMARY
• Registered Architect: State of California, Hawaii, Nevada, Oregon, Texas, 21 years with BBA
23 total years experience Washington
• Over twenty years of theatre design, large mixed use commercial design projects,

EDUCATION
and construction document experience with BBA since 2001.

BS Architecture, ASU
Cal Poly, SLO • Graduated from California Polytechnic State University at San Luis Obispo, California, in 1999 with a Bachelor of Architecture degree.

PROFESSIONAL

AFFILIATIONS

NCARB, RA

ARMIN DE JONG, NCARB

SENIOR ASSOCIATE
Armin has been with BB Architects Inc for over 25 years. As Senior Associate with BBA, Armin utilizes the latest BIM software and techniques to develop 3D models for use in design and construction documentation with the express intention of minimizing conflicts and streamlining design between disciplines. Armin has over twenty-four years of theatre design and large commercial construction design experience. He oversees all of BBA's informational technology, software, and digital marketing.

CAREER SUMMARY
25 years with BBA • Over twenty four years of theatre design, large commercial construction design 25 total years experience
experience and preparation of construction documents for BBA since 1995.

EDUCATION • Graduate of the Hague University of Applied Sciences (Haagse Hoge School), the Hague University of Hague, Holland, in 1995.

Applied Sclendes, NLD

PROFESSIONAL

AFFILIATIONS
INCARE
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PROJECT MANAGEMENT TEAM CONTINUED

KATHLEEN LOVELL, ARCHITECT

CONSTRUCTION ADMINISTRATION
Kathleen has been with BB Architects Inc for 10 years. With over 45 years of architectural design experience, she has overseen the construction administration of large theatre and commercial projects.
• Extensive theatre design, large commercial construction document and construction administration experience since 1977.

CAREER SUMMARY • Graduated from California Polytechnic State University at San Luis Obispo in 1977 10 years with BBA with a Bachelor of Science degree in Architecture. 45 total years experience

EDUCATION
BS Architecture
Cal Poly, SLO

PROFESSIONAL

AFFILIATIONS

NGARB, RA, LEED AP
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Rate Schedule
Architect's current hourly fee schedule is as follows:

TITLE HOURLY RATE OVERTIME
Principal Architect $225.00 $337.50
Associate Architect $ 200.00 $300.00
Project Architect/Project Manager $185.00 $227.50
Senior Designer $155.00 $ 232.50
CAD Rendering and Animation $ 115.00 $172.50
CAD Production $ 100.00 $ 150.00
Clerical $75.00 $112.50
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ATTACHMENT C
Draft Amendment No. 1 to the Professional Services Agreement with BB Architects, Inc
AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES
(COMMUNITY DEVELOPMENT DEPARTMENT)

ON-CALL ARCHITECTURAL SERVICES
THIS AMENDMENT NO.1 TO THE AGREEMENT (this "Amendment No. 1") for Professional Services is made and entered into as of _ 2022, by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and BB Architects, Inc., a California corporation, hereinafter the "Consultant".

RECITALS:

1. Original Contract
A. On , 2022, the City entered into a Professional Services Agreement with the Consultant to provide On-Call Architectural Services to support the Community Development Department (the "Agreement").

2. Amendment No. 1
A. To further improve Department operating efficiency and delivery of service, the City has requested the Consultant provide on-call services on an as needed basis through completion of the contract term, June 30, 2025, as described in Exhibit "A-1" (Scope of Services), attached hereto and incorporated herein.

B. City now desires to enter into this Amendment No. 1 to the Agreement with the Consultant to perform the requested services identified in Exhibit "A-1" in the amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00).

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:

1. Services to be Performed by Consultant. Consultant agrees to perform the professional services for City and to prepare and deliver the work products to City, in a manner satisfactory to City, as described in the Scope of Services ('Scope of Services"), which is attached hereto as Exhibit "A" and incorporated herein by this reference.

2. Additional or Different Services. Any proposed changes in the Scope of Services which are the subject of this Agreement shall be made only by written amendment to this Agreement.

3. Term. This Agreement shall become effective on the date stated above and will continue in effect until June 30, 2025 or until the work required by this Agreement is completed subject to termination as provided in paragraph 27, except the indemnification provisions contained in paragraph 18 shall remain in full force and effect after the Agreement is terminated. The parties may mutually agree in writing to extend the Term of the Agreement.

4. Payment for Services. City agrees to pay Consultant for providing the protessional services which are described in Exhibit "A-1," and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "A- 1," in an annual amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00). All work performed is subject to the pay rate set forth in Exhibit "A-1."

5. Continuation of Terms and Conditions of the Agreement. Except as otherwise expressly provided in Amendment No. 1, all terms and conditions of the Original Agreement shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 1.

6. Authority to Sign. The persons executing this Amendment No. 1 on behalf of the Consultant warrants and represents that they have the authority to execute this Amendment No. 1 on behalf of the Consultant and have the authority to bind the Consultant to the performance of the obligations hereunder.

I|II
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"

CITY OF LAGUNA NIGUEL
By: _
Tamara S. Letourneau
City Manager
ATTEST:

Marissa Asistin
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Nicholas Ghirelli
Interim City Attorney
"CONSULTANT"
BB Architects,
a California corporation
By: _
Print Name:

Title:

By: _
Print Name:

Title:

EXHIBIT "A-1"

SCOPE OF SERVICES
DDA
Rate Schedule
Architect's current hourly fee schedule is as follows:

TITLE HOURLY RATE OVERTIME
Principal Architect $ 225.00 $337.50
Associate Architect $ 200.00 $ 300.00
Project Architect/Project Manager $185.00 $227.50
Senior Designer $155.00 $ 232.50
CAD Rendering and Animation $ 115.00 $172.50
CAD Production $ 100.00 $ 150.00
Clerical $ 75.00 $112.50
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ATTACHMENT D
Draft Professional Services Agreement for On-Call Architectural Services with MCG Architecture, Inc

AGREEMENT FOR PROFESSIONAL SERVICES
(COMMUNITY DEVELOPMENT DEPARTMENT)

ON-CALL ARCHITECTURAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into as of _, by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and MCG Architecture, a California Corporation, hereinafter the "Consultant".

RECIIALS:

A. The City desires to contract with selected professional consultants to provide On-Call Architectural Services to support the Community Development Department.

B. The City circulated a Statement of Qualifications for the above- described professional services on July 15, 2022.

C. Consultant submitted a proposal to City to provide the above-described professional services dated August 15, 2022.

D. City Staff has reviewed all the proposals and after considering the demonstrated competence of Consultant, the professional qualifications of Consultant, and the fairness and reasonableness of Consultant's proposed cost, staff has determined that an agreement to provide the required services should be awarded to Consultant.

E. The City desires to enter into an agreement with Consultant for the above- described professional services.

AGREEMENI:

NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows:

Services to be Performed by Consultant. Consultant agrees to perform the professional services for City and to prepare and deliver the work products to City, in a manner satisfactory to City, as described in the Scope of Services ("Scope of Services"), which is attached hereto as Exhibit "A" and incorporated herein by this reference.

2. Additional or Different Services. Any proposed changes in the Scope of Services which are the subject of this Agreement shall be made only by written amendment to this Agreement.

3. Term. This Agreement shall become effective on the date stated above and will continue in effect until June 30, 2025 or until the work required by this Agreement is completed subject to termination as provided in paragraph 27, except the indemnification provisions contained in paragraph 18 shall remain in full force and effect after the Agreement is terminated. The parties may mutually agree in writing to extend the Term of the Agreement.

4. Payment.

A. Payment for Services. City agrees to pay Consultant for providing the orotessional services which are described in the Scope of Services, and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "A" (Scope of Services). Pricing for each project performed hereunder shall be determined by the hourly rates set forth in "Scope of Services" which is attached hereto as Exhibit "A" and shall remain valid for the term of the Agreement.

B. Invoices. Upon submission of each invoice, if the City is satisfied that the Consultant has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within 30 days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld.

5. Ownership of Documents and Drawings. All original drawings, plans, designs, reports, notes, calculations, maps, and other documents developed during the course of Consultant providing the professional services required by the Scope of Services shall be the property of the City and shall be provided by Consultant to City upon their completion and payment of relevant invoices, or in the event the Agreement is terminated prior to completion, Consultant shall provide all work in progress, subject to payment of relevant invoices. Further, even if this Agreement is terminated, said documents shall be the property of the City and may be used by City as it determines appropriate. Reuse or modification of any such documents by the City for purposes outside of the Scope of Services set forth in this Agreement, without Consultant's written permission, shall be at City's sole risk, and City agrees to indemnify and hold Consultant harmless from all claims, damages, and expenses, including attorney's fees, arising out of such reuse by City or others acting through City; however City shall not be liable for any unauthorized use by third parties.

6. Time is of the Essence. Consultant agrees to perform the services and deliver the work products provided for herein in strict accordance with any schedules set forth in the attached Exhibit "A" (Scope of Services). Notwithstanding any other provisions of this Agreement, the Consultant shall not have liability for, or be deemed in breach of delays caused by, any factor outside of its reasonable control, including but not limited to natural disasters, adverse weather, or acts of the City, third parties, or other governmental agencies.

7. Consultant to Supply Instrumentalities. Consultant shall supply all instrumentalities required to perform the services under this Agreement.

Licenses; Standard of Care.

A. Qualifications. Consultant represents and agrees that all personnel engaged by Consultant in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approvals required of its profession to provide the services and work required to be pertormed by this Agreement. Consultant turther represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.

Standard of Care. Consultant shall perform the services under this Agreement in a skillful and competent manner. The Consultant shall be responsible to City for any errors or omissions in the performance of work pursuant to this Agreement.

Should any errors caused by Consultant be found in such services or products Consultant shall correct the errors at no additional charge to City by redoing the professional work and/or revising the work products) called for in the Scope of Services to eliminate the errors.

9. Legal Responsibilities. Consultant shall keep itself informed of all State and Federal laws and regulations which may, in any manner, affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall, at all times, observe and comply with all-such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph.

10. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Consultant without the prior written consent of City.

11. Subcontracting Subject to Approval. Consultant may not subcontract any portion of the work required by this Agreement to other persons or firms unless Consultant first obtains the written consent of City to engage in such subcontracting.

12. Independent Consultant. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Consultant or any of the Consultant's officers, employees, or agents. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents, are officers, employees, or agents, of the City. Except as specified in writing by City, Consultant shall have no authority, expressed or implied, to act on behalf of City, and Consultant shall have no authority, expressed or implied, to incur any obligation or liability against the City.

Consultant shall be responsible for and pay all taxes and other payments for Consultant and its employees for Federal and State income taxes, including withholding of taxes, Social Security, worker's compensation insurance, State disability insurance, unemployment insurance, and all other similar items.

13. Administration. This Agreement will be administered by the Public Works Department. The Public Works Director or his or her designee shall be considered the Project Manager and shall have the authority to act for the City under this Agreement.

The Project Manager shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement.

14. Progress. Consultant is responsible to keep the Project Manager informed on a regular basis regarding the status and progress of the work being performed pursuant to this Agreement.

15. Cooperation of City. City agrees to comply with all reasonable requests of Consultant and provide access to all documents reasonably necessary for the performance of Consultant's duties under this Agreement.

16. Confidentiality. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work being performed pursuant to this Agreement shall be made without prior written approval of the City. The information which met, of phor part of the results from performing the services required by this Agreement is to be kept confidential unless the release of information is authorized by the City.

17. Conflicts of Interest. Consultant represents that it is not currently engaged in and has not contracted to perform work on the behalf of any party or parties whose interests are or would reasonably appear to be adverse to those of City. In the event that Consultant should discover that it has represented, is representing or is being requested to perform work for a party or parties with interests adverse to those of City, Consultant shall immediately notify City in writing of such situation. Said notification requirement shall apply to the work performed by Consultant for another party or parties, with interests adverse to those of City, on a subcontract as well as on a contract or other basis. Further, the Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall comply with the requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City.

18. Indemnification.

A. General Indemnity. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless, and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent consultant in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fenses, accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all reasonable attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

B. For Design Professional Services. If Consultant's services hereunder include the performance of professional services by a "design professional," as the term is defined under California Civil Code § 2782.8(c), then to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless the Indemnitees, and each of them, from and against any and all Liabilities, including reasonable fees of accountants and other professionals, and all costs associated therewith, and reimbursement of reasonable attorneys' fees and costs of defense, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement as has been adjudicated and determined by a Court or competent jurisdiction or trier of fact. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant, exceed Consultant's proportionate percentage of fault.

C. Subconsultants. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.

D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

E. Survival and Offset. The provisions of this Section 19 shall survive the termination of this Agreement. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph.

19. Liability Insurance.

A. Insurance Policies. Without limiting Consultant's indemnification of City as described in paragraph 19, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement.

Named Additional Insured. The City of Laguna Niguel and its Council members, officers, officials, employees, agents, and volunteers shall be named as additional insureds under the policies required by subparagraphs General and Auto Insurances for all liability arising from Consultant's performance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City.

C. Insurance Coverage. Prior to the commencement of any services hereunder, Consultant shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:

General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Automobile Liability Insurance. Consultant shall maintain coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3) 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 $1,000,000 per claim and 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 (3) years after completion of the services required by this agreement.
4) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

D. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications 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 subconsultant.

E. Duration of Coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subcontractors.

Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

G. City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

H. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VIl (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

Enforcement of Contract Provisions (Non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

J. 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 the 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.

K. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

L. Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

M. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

N. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

O. Pass Through Clause. Consultant agrees to ensure that its subcontractor, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultant, and others engaged in the project will be submitted to City for review.

P. City's Right to Revise Specifications. 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 the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.

Q. 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 specifications unless approved by City.

R. 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.

S. Additional 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.

20. Nondiscrimination by Consultant. Consultant represents and agrees that Consultant, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or any protected class or basis prohibited by law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

21. City's Rights to Employ Other Consultants. City reserves the right to employ other consultants in connection with the subject matter of the Scope of Services.

22. Consultant's Records. Consultant shall keep records and invoices in connection with it work performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records.

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 under this Agreement.

Notices. Every notice, demand or request (hereinafter described in this Section as a "Notice") that is given by either party to the other under or in connection with this Agreement shall be in writing, and shall be given: (i) by email, to the applicable email address specified below; or (ii) by United States certified mail, postage prepaid, return receipt requested, or by same-day or overnight reputable private courier, addressed to the party to be served at its address below. Either party may change its email address for Notices, or its address for Notices, by a Notice given in accordance with this Section. Notices shall be deemed to have been delivered: (i) if sent by email, on the next business day, provided the sender's email system confirms has been delivered or does not indicate that delivery did not occur, as applicable; (i) if sent by certified mail, three (3) days after deposit into the U.S. mail; and (iii) if sent by private courier, one business day after deposit with the courier for overnight delivery (unless the delivery service indicates to the sender that delivery has not occurred, in which case delivery shall be deemed to occur when the delivery service indicates to the sender that it has actually occurred).

CITY: City of Laguna Niguel
Attn: Community Development Director
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Email: [email protected]
CONSULTANT: MCG Architecture
Atto: Olga Ruiz
15635 Alton Pkwy #100
Irvine, CA 92618
Email: [email protected]

24. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services described in Scope of Services hereto by Consultant for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to such services by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding such services not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement.

25. Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement.

26. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California.

Termination. City may terminate this Agreement, without cause or penalty, by providing written notice to the Consultant that the Agreement is terminated. Said written notice shall be provided at least fifteen (15) days in advance of the termination date.

Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in Section 3.

28. Breach of Agreement. If Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance.

In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement.

Attorneys' Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

31. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.

32. Authority to Sign. The person(s) executing this Agreement on behalf of the Consultant warrants and represents that they have the authority to execute this Agreement on behalf of the Consultant and have the authority to bind the Consultant to the performance of the obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"

CITY OF LAGUNA NIGUEL
By:

Tamara S. Letourneau
City Manager
ATTEST:

Marissa Asistin
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Nicholas Ghirelli
Interim City Attorney
"CONSULTANT"
MCG Architecture
a California corporation
Print Name:

Title:

By:

Print Name:

Title:

EXHIBIT "A"

SCOPE OF SERVICES
meg architecture
August 15, 2022
Katie Crockett | Senior Planner
City of Laguna Niguel
Community Development Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
REGARDING Request for Statement of Qualifications
Dear Katie:

MCG Architecture is pleased to submit the attached RFP package in response to your Request for Statement of Qualifications. We look forward to an opportunity to continue to build upon our relationship with the City of Laguna Niguel for your future community development projects.

In the following attachment, we are providing you with the information regarding our firm such as :
- Summary of our company & qualifications
Project management team
Images and details of completed, relevant projects
Hourly billing rates
It is our understanding that the City of Laguna Niguel is seeking licensed local architects or Architectural Design Firms who are able to provide on-call, as needed peer reviews of developer-submitted preliminary architectural plans on the City's behalf.

MCG Architecture is well versed in the fast-paced demands of expanding national retail new stores and renovation projects. Our dedicated team of professionals are prepared to provide excellent services to meet your expectations with high quality work and timely expertise to help grow City of Laguna Niguel to its fullest possibilities. www.mcgarchitecture.com • CLEVELAND • DENVER • GLENDORA • IRVINE • ORLANDO • PHOENIX • SAN FRANCISCO Katie Crockett 1 Senior Planner
Request for Statement of Qualifications mg mikarchirecture August 15, 2022
We look forward to partnering up and contribute to the City of Laguna Niguel's continued success.

Should you need any further information or have any questions, please contact me directly.

Yours truly,

MCG ARCHITECTURE
Page Winkler
President, Western Region
www.mcgarchitecture.com • CLEVELAND • DENVER • GLENDORA • IRVINE • ORLANDO • PHOENIX • SAN FRANCISCO ARCHITECTURE • DESIGN • PLANNING megarchitecture
megarchitecture works closely with
clients to anticipate emerging trends in each
project type, capitalize on proven, successful
formulas and deliver quality design and
professional services.

Qualification Information Beyond Fees: The Value We Bring megarchitecture balances innovated design, advanced technology and distinctive personal meg's current team of retail professionals adds value to our Clientele through years of service in Retail, Hospitality, Commerical, Entertainment and Urban Revitalization projects. experience and working with thousands of Clients. Working with both tenants and developers.

Celebrating over 90 years in practice, mcg has a nationwide staff of professional architects, mcg understands the dynamics of the symbiotic relationship that exists between the two and designers and planners. Our six (6) diverse office locations and licensing in multiple states provide helps to create solutions for both entities to succeed. Creating a vibrant retail environment is us close proximity to projects and client throughout the United States and Canada. where mcg adds its greatest value. Through years of experience, me g's team has developed the understanding of human interaction and behavior in order to create environments that are Every year the firm design hundreds of projects spanning a wide range of scales within our area conducive to the use of a variety of venues. Each project has its own set of criteria and we design of focus. mcg works closely with our clients to anticipate emerging trends in each project type. every project as a unique project within the subset criteria given for any particular project. If we capitalize on proven, successful formulas and deliver quality design and professional services. have learned anything about our business, it's about the Client's ultimate goals in any project.

Budget and schedule are the cornerstones to the success of every project. Having designed a Our design and technical talents benefit our clients by providing access to specialized resources variety of project types, m c g's understanding of building codes creates an unseen value as throughout the firm. The strength of this approach provides a cohesive depth of experience under there are many ways to design a building. Designing a building through code knowledge and the direction of qualified project teams from pre-development through final occupancy. interpretation allows us to achieve the most economical solutions.

Project Experience
mcg understands that our Client's success is our success. This statement alone defines our business model. Our Clients benefit from our experienced team of Architects and Designers who are focused on Commercial, Retail and Medical design. Although each project has its own unique set of requirements, there are a few comment elements that are essential to the success of a project. Atmog, we are able to solve problems by listening to our Clients, recommending mg solutions and effectively communicating those solutions to provide a successful project for all.

Our Client's Success CLEVELAND DENVER ORLANDO PHOENIX SAN FRANCISCO is Our Success IRVINE
ms mcgarchitecture

ARCHITECTURAL - STRUCTURAL - MECHANICAL - ELECTRICAL
Serving All 50 U.S. States
Specialized Team Resources Range of Services
Site Planning
Structural, Mechanical, Civil & Electrical Engineers
Cost Estimating Entitlements
Code Consultants Design & Construction Documentation
Environmental Processing Interior Design
Landscape Architects Computerized Imaging
Parking Analysts Graphic Design
Acoustical Consultants Photographic Documentation
Lighting Designers Model Construction
Signage Designers Construction Administration
Post-Construction Services
Our Client's Success CLEVELAND DENVER: ORLANDO PHOENIX SAN FRANCISCO is Our Success IRVINE
Meet the Team
Page Winkler | President, Western Region, 13 years
Page Winkler is responsible for business operations in the Western Region. He is a licensed architect in the Chris Lee has and has over 35 years of experience in the field of retail architecture, spanning from full State of California. Page offers more than 31 years of architectural experience. Joining mcg Architecture architectural services through construction administration. Chris has managed retail and shopping centers in 2008, he has led mc g in the quest to maintain the excellence in retail design that has been the long- in California, Nevada and New Mexico for major retail clients and tenants. standing tradition of meg Architecture.

Past experience with well-known architectural firm has given Chris the opportunity to manage multiple Page has served in various roles during his lengthy career, including designer, project manager, and retail projects, encompassing interior and exterior design and development. project management. principal. His broad experience includes managing significant projects ranging from mall remodel and and entitlement expertise at the municipal, county and state levels. He has created a strong working expansion projects, mixed-use, urban retail, entertainment, regional and lifestyle centers throughout the relationship with all of the retail clients he has been involved with, working closely with the design team to United States. establish value in design and adherence to budgets in the development of the project.

As a member of the International Council of Shopping Centers (ICS) for more than 25 years, Page As a Director of Production, Chris oversees entire phases of the project from entitlement to construction understands the importance of market-driven architecture and strives to incorporate the client's desires in and holds a Bachelor of Science in Architecture degree from Kyung Hee University in Seoul, Korea and he is timeless designs. His experience in business development, anchored by strong project performance and LEED AP accredited. client relationships, is beneficial to the growth of mcg Architecture.

Olga L. Ruiz | Managing Principal, Irvine
Olga L. Ruiz has over 20 years of experience in retail projects. Olga has been involved in various shopping enters, tenant banking projects, remodel of existing shopping centers and buildings in California. She has created a strong working relationship with her clients and project team to provide a successful product As Managing Principal, Olga oversees all projects and staff in the Irvine, CA in cg office and closely mg coordinates with the business development of m c g's Western Region. Olga also manages projects with her production staff from site planning/entitlements through construction administration. She is responsible for the full project coordination between the client, consultants, and contractor for delivering a quality project. Olga holds a Bachelor of Science in Architecture degree from Javeriana University in Bogota.

Colombia and has worked in the architectural field as a licensed architect in Colombia.

CLEVELAND DENVER ORLANDO PHOENIX SAN FRANCISCO
Celebrating 95 Years IRVINE
Project Management Team
MCG Irvine
ADMIN. & mg

ACCOUNTING
enourer cortes PAGE WINKLER
Bonnie Roh President/ Owner

OLGA RUIZ CHRIS LEE
DESIGN TEAM Director of Production
Managing Principal
Western Region

BALDWIN MADRIAGA JEFF HERBST
Director of Design Project Director

TODD TRAN FLOYD VELASQUEZ JAMES SPENCER
Project Manager Project Manager Project Manager
Grigori Mikhailik
Ricky Valdez Monet Aquino rene Wernti Dan Kim Sally Park Emil Taruc Ron Whitlock Amber Charles Krystle Bognot Steve Kim Noah Valdez Jeffrey Botich
Jorge Villa
Alan Chong
Luisa Costa
Gamaniel Gonzalez
Relevant Project Experience
Hourly Billing Rates

THE VILLAGE AT LAGUNA HILLS VARIOUS LOCATIONS
Laguna Hills, CA

CARMEL MOUNTAIN PLAZA IKEA
San Diego, CA
President / CEO / COO / CFO / Executive Vice President $210.00 FIVE BELOW Principal / Senior Director $190.00 THE FOUNTAINS STARBUCKS COFFEE CO.

Project Director / Director / Senior Designer $180.00 Roseville, CA Project Architect / Manager / Designer $160.00 HOW'E ABOUT ARDEN TIX COMPANIES Job Captain $140.00 Sacramento, CA
VONS
Project Specialist or Coordinator $110.00 THE PARK
Office Manager / Administrative Assistant $80.00 Sacramento, CA WHOLE FOODS

NORTH EAST MEDICAL SERVICES
San Francisco, CA

DANIA POINTE
Dania Beach, FL

GRAND ISLAND VILLAGE
Bakersfield, CA

PLAZA DE PERRIS
Perris, CA

RANCHO BERNARDO TOWN CENTER
San Diego, CA

SELF STORAGE
Denver, CO

THE VILLAGE AT LAGUNA HILLS
megarchitecture
mo Laguna Hills, CA
Project Details
Project Square Footage: 150,000 SF
Building Use: Mixed-Use
Building Type: Shell & Tenant Improvement
Location: Suburban
Client: Developer / Owner

THE VILLAGE AT LAGUNA HILLS
Laguna Hills, CA
Project Details
Project Square Footage: 150,000 SF
Building Use: Mixed-Use
Building Type: Shell & Tenant Improvement
Location: Suburban
Client: Developer / Owner

CARMEL MOUNTAIN PLAZA
megarchitecture
San Diego, CA
Project Details
Project Square Footage: 20,000 SF
Building Use: Retail Shopping Center
Building Type: Shell & Tenant Improvement
Location: Suburban
Client: Developer / Owner

BEST FIZZA & BREW
ULTA

THE FOUNTAINS
b
E Roseville, CA
Project Details
Project Square Footage: 320,000 SF
Building Use: Retail Shopping Center
Building Type: Shell & Tenant Improvement
Location: Regional
Client: Developer / Owner

HOWE 'BOUT ARDEN
of. mcgarchiteerage Sacramento, CA
Project Details
Project Square Footage: 1.300,000 SF
Building Use: Retail Shopping Center
Building Type: Shell & Tenant Improvement
Location: Regional
Client: Developer / Owner
NORDSTROM rACK

THE PARK
megarchiteetare Sacramento, CA
Project Details
Project Square Footage: 110,000 SF
Building Use: Retail Shopping Center
Building Type: Shell & Tenant Improvement
Location: Suburban
Client: Developer / Owner
Year(s) Completed: 2020

THE PARK
ms megarchitecture
Sacramento, CA
Project Details
Project Square Footage: 110,000 SF
Building Use: Retail Shopping Center
Building Type: Shell & Tenant Improvement
Location: Suburban
Client: Developer / Owner
Years) Completed: 2020

NORTH EAST MEDICAL SERVICES
mg megarchiteerure
San Francisco, CA
Project Details
Project Square Footage: 3,000 - 45,000 SF
Building Use: Medical
Building Type: Tenant Improvement
Location: Urban
Client: Tenant

DANIA POINTE
megarchiteerare
Dania Beach, FL
Project Details
Project Square Footage:
1,000,000 SF
Building Use: Mixed Use
Buitding Type:

Shell & Tenant Improvement
Location: Suburban
Client: Developer / Owner

GRAND ISLAND VILLAGE
Bakersfield, CA
Project Details
Project Square Footage: 90,000 SF
Building Use: Retail Shopping Center
Building Type: Shell & Tenant Improvement
Location: Suburban
Client: Developer / Owner
Brand bland W

GRAND ISLAND VILLAGE
megarchitecture Bakersfield, CA
Project Details
VALLEY REPUBLIC MARK Project Square Footage: 90,000 SF
Building Use: Retail Shopping Center
Building Type: Shell & Tenant Improvement
EYE CARE Location: Suburban
Client: Developer / Owner

PLAZA DE PERRIS
mg Perris, CA
Project Details
Burlingtol ULTA Project Square Footage: 128,000 SF
Building Use: Retail Shopping Center
Building Type: Shell & Tenant Improvement
Location: Suburban
Client: Developer / Owner

HIBBETT
Five BE ... ...

RANCHO BERNARDO TOWN CENTER
m San Diego, CA

BEBAB SHOP
# Hastie
Project Details
Project Square Footage: 160,000 SF Location: Suburban
Building Use: Retail Shopping Center Client: Developer / Owner Building Type: Tenant Improvement

SELF STORAGE
Denver, CO
Project Details
• StorQuest Sany Project Square Footage: 91,000 SF
Building Use: Storage Facility
Building Type: Shell & Tenant Improvement
Location: Urban
Client: Tenant
Year(s) Completed: 2020
IKEA
Various Locations
Project Details
Project Square Footage: 250,000 SF
Building Use: Retail
Building Type: Shell & Tenant Improvement
Location: Regional / Suburban / Urban
Client: Tenant
Year(s) Completed:

Restaurant

FIVE BELOW
Various Locations
Project Details
Project Square Footage: 8,000 - 10,000 SF
FiVe BEEW Building Use: Retail Tenant
Building Type: Shell
Location: Regional / Suburban / Urban
Client: Developer / Owner
fiVe BEEW
Year(s) Completed: 2016 - 2020
STARBUCKS COFFEE CO.
megarchitecinee Various Locations
Project Details
Project Square Footage: 980 - 2,500 SF
Building Use: Retail
Building Type: Shell & Tenant Improvement
Location: Regional / Suburban / Urban
Client: Developer / Owner & Tenant
Years) Completed: 2005 - 2020

TIX COMPANIES
megarchitecture Various Locations
Project Details
Project Square Footage: 23,000 - 25,000 SF
Building Use: Retail Tenant
Building Type: Shell & Tenant Improvement
Location: Regional / Suburban / Urban
Client: Developer / Owner
Year(s) Completed: 2001 - 2020
14000
VONS
Various Locations
Project Details
Project Square Footage: 35,000 - 70,000 SF
Building Use: Retait / Grocery
Building Type: Shell & Tenant Improvement
Location: Regional / Suburban / Urban
Client: Tenant
VONS

WHOLE FOODS
mg megarchiteciate Various Locations
Project Details
Project Square Footage: 45,000 - 70,000 SF
Building Use: Retail / Grocery
Building Type: Shell
Location: Urban
Client: Developer / Owner

SLEROSANE
0440400
100j

ATTACHMENT E
Draft Amendment No. 1 to the Professional Services Agreement with MCG Architecture, Inc
AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES
(COMMUNITY DEVELOPMENT DEPARTMENT)

ON-CALL ARCHITECTURAL SERVICES
THIS AMENDMENT NO. 1 TO THE AGREEMENT (this "Amendment No. 1") for Professional Services is made and entered into as of _, 2022, by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and MCG Architecture, a California corporation, hereinafter the "Consultant".

RECITALS:

1. Original contract
A. On , 2022, the City entered into a Professional Services Agreement with the Consultant to provide On-Call Architectural Services to support the Community Development Department, (the "Agreement").

2. Amendment No. 1
A. To further improve Department operating efficiency and delivery of service, the City has requested the Consultant provide on-call services on an as needed basis through completion of the contract term, June 30, 2025, as described in Exhibit "A-1" (Scope of Services) attached hereto and incorporated herein.

B. City now desires to enter into this Amendment No. 1 to the Agreement with the Consultant to perform the requested services identified in Exhibit "A-1" in the amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00).

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:

1. Services to be Performed by Consultant. Consultant agrees to perform the professional services for City and to prepare and deliver the work products to City, in a manner satisfactory to City, as described in the Scope of Services ("Scope of Services") which is attached hereto as Exhibit "A" and incorporated herein by this reference.

2. Additional or Different Services. Any proposed changes in the Scope of Services which are the subject of this Agreement shall be made only by written amendment to this Agreement.

3. Term. This Agreement shall become effective on the date stated above and will continue in effect until June 30, 2025 or until the work required by this Agreement is completed subject to termination as provided in paragraph 27, except the indemnification provisions contained in paragraph 18 shall remain in full force and effect after the Agreement is terminated. The parties may mutually agree in writing to extend the Term of the Agreement.

4. Payment for Services. City agrees to pay Consultant for providing the professional services which are described in Exhibit "A-1," and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "A- 1," in an annual amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00). All work performed is subject to the pay rate set forth in Exhibit "A-1."

5. Continuation of Terms and Conditions of the Agreement. Except as otherwise expressly provided in Amendment No.1, all terms and conditions of the Original Agreement shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 1.

6. Authority to Sign. The persons executing this Amendment No. 1 on behalf of the Consultant warrants and represents that they have the authority to execute this Amendment No. 1 on behalf of the Consultant and have the authority to bind the Consultant to the performance of the obligations hereunder.

I|II
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"

CITY OF LAGUNA NIGUEL
By:

Tamara S. Letourneau
City Manager
ATTEST:

Marissa Asistin
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Nicholas Ghirelli
Interim City Attorney
"CONSULTANT"
MCG Architecture
a California corporation
By:

Print Name:

Title:

By:

Print Name:

Title:

EXHIBIT "A-1"

SCOPE OF SERVICES
Relevant Project Experience
Hourly Billing Rates

THE VILLAGE AT LAGUNA HILLS VARIOUS LOCATIONS
Laguna Hills, CA
IKEA

CARMEL MOUNTAIN PLAZA
San Diego, CA
President / CEO / COO / CFO / Executive Vice President $210.00 FIVE BELOW Principal / Senior Director $190.00 THE FOUNTAINS
Roseville, CA STARBUCKS COFFEE CO.

Project Director / Director / Senior Designer $180.00
Project Architect / Manager / Designer $160.00 HOW'E ABOUT ARDEN TIX COMPANIES Job Captain $140.00 Sacramento, CA
VONS
Project Specialist or Coordinator $110.00 THE PARK
Office Manager / Administrative Assistant $80.00 Sacramento, CA WHOLE FOODS

NORTH EAST MEDICAL SERVICES
San Francisco, CA

DANIA POINTE
Dania Beach, FL

GRAND ISLAND VILLAGE
Bakersfield, CA

PLAZA DE PERRIS
Perris, CA

RANCHO BERNARDO TOWN CENTER
San Diego, CA

SELF STORAGE
Denver, CO

ATTACHMENT F
Draft Professional Services Agreement for On-Call Architectural Services with RRM Design Group, Inc

AGREEMENT FOR PROFESSIONAL SERVICES
(COMMUNITY DEVELOPMENT DEPARTMENT)

ON-CALL ARCHITECTURAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into as of _, by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and RRM Design Group, a California corporation, hereinafter the "Consultant".

RECIIALS:

A. The City desires to contract with selected professional consultants to provide On-Call Architectural Services to support the Community Development Department.

B. The City circulated a Statement of Qualifications for the above-described professional services on July 15, 2022.

C. Consultant submitted a proposal to City to provide the above-described professional services dated August 15, 2022.

D. City Staff has reviewed all the proposals and after considering the demonstrated competence of Consultant, the professional qualifications of Consultant, and the fairness and reasonableness of Consultant's proposed cost, staff has determined that an agreement to provide the required services should be awarded to Consultant.

E. The City desires to enter into an agreement with Consultant for the above- described professional services.

AGREEMENI:

NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows:

Services to be Performed by Consultant. Consultant agrees to perform the professional services for City and to prepare and deliver the work products to City, consistent with the Standard of Care, as described in the Scope of Services ("Scope of Services"), which is attached hereto as Exhibit "A" and incorporated herein by this reference.

Additional or Different Services. Any proposed changes in the Scope of Services which are the subject of this Agreement shall be made only by written amendment to this Agreement as mutually agreed upon in writing by City and Consultant.

3. Term. This Agreement shall become effective on the date stated above and Will continue in effect until June 30, 2025 or until the work required by this Agreement is completed subject to termination as provided in paragraph 27, except the indemnification provisions contained in paragraph 18 shall remain in full force and effect after the Agreement is terminated. The parties may mutually agree in writing to extend the Term of the Agreement.

4. Payment.

A. Payment for Services. City agrees to pay Consultant for providing the professional services which are described in the Scope of Services, and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "A" (Scope of Services). Pricing for each project performed hereunder shall be determined by the hourly rates set forth in "Scope of Services" which is attached hereto as Exhibit "A" and shall remain valid for the term of the Agreement.

B. Invoices. Upon submission of each invoice, if the City is satisfied that the Consultant has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within 30 days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld. If City does not approve an invoice, the City shall notify Consultant in writing of the reasons for non-approval within seven (7) days of receipt of the invoice.

5. Ownership of Documents and Drawings. All original drawings, plans, designs, reports, notes, calculations, maps, and other documents developed during the course of Consultant providing the professional services required by the Scope of Services shall be the property of the City and shall be provided by Consultant to City upon their completion and payment of relevant invoices, or in the event the Agreement is terminated prior to completion, Consultant shall provide all work in progress, subject to payment of relevant invoices. Further, even if this Agreement is terminated, said documents shall be the property of the City and may be used by City as it determines appropriate. Reuse or modification of any such documents by the City for purposes outside of the Scope of Services set forth in this Agreement, without Consultant's written permission, shall be at City's sole risk, and City agrees to indemnify and hold Consultant harmless from all claims, damages, and expenses, including attorney's fees, arising out of such reuse by City or others acting through City; however City shall not be liable for any unauthorized use by third parties.

6. Time is of the Essence. Consultant agrees to perform the services and deliver the work products provided for herein in strict accordance with any schedules set forth in the attached Exhibit "A" (Scope of Services). Notwithstanding any other provisions of this Agreement, the Consultant shall not have liability for, or be deemed in breach of delays caused by, any factor outside of its reasonable control, including but not limited to natural disasters, adverse weather, or acts of the City, third parties, or other governmental agencies.

Consultant to Supply Instrumentalities. Consultant shall supply all instrumentalities required to perform the services under this Agreement.

Licenses: Standard of Care
A. Qualifications. Consultant represents and agrees that all personne engaged by Consultant in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approvals required of its profession to provide the services and work required to be performed by this Agreement. Consultant further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.

B. Standard of Care. Consultant shall perform the services under this Agreement in a skillful and competent manner consistent with the degree of skill and care ordinarily exercised by members of the same profession currently practicing under similar conditions in the same or similar locale ("Standard of Care"). The Consultant shall be responsible to City for any errors or omissions in the performance of work pursuant to this Agreement. Should any errors caused by Consultant be found in such services or products, Consultant shall correct the errors at no additional charge to City by redoing the professional work and/or revising the work products) called for in the Scope of Services to eliminate the errors.

9. Legal Responsibilities. Consultant shall keep itself informed of all State and Federal laws and regulations which may, in any manner, affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph.

10. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Consultant without the prior written consent of City.

11. Subcontracting Subject to Approval. Consultant may not subcontract any portion of the work required by this Agreement to other persons or firms unless Consultant first obtains the written consent of City to engage in such subcontracting.

12. Independent Consultant. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Consultant or any of the Consultant's officers, employees, or agents. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents, are officers, employees, or agents, of the City. Except as specified in writing by City, Consultant shall have no authority, expressed or implied, to act on behalf of City, and Consultant shall have no authority, expressed or implied, to incur any obligation or liability against the City.

Consultant shall be responsible for and pay all taxes and other payments for Consultant and its employees for Federal and State income taxes, including withholding of taxes, Social Security, worker's compensation insurance, State disability insurance, unemployment insurance, and all other similar items.

13. Administration. This Agreement will be administered by the Public Works Department. The Public Works Director or his or her designee shall be considered the Project Manager and shall have the authority to act for the City under this Agreement.

The Project Manager shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement.

14. Progress. Consultant is responsible to keep the Project Manager informed on a regular basis regarding the status and progress of the work being performed pursuant to this Agreement.

15. Cooperation of City. City agrees to comply with all reasonable requests of Consultant and provide access to all documents reasonably necessary for the performance of Consultant's duties under this Agreement.

16. Confidentiality. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work being performed pursuant to this Agreement shall be made without prior written approval of the City. The information which results from performing the services required by this Agreement is to be kept confidential unless the release of information is authorized by the City.

17. Conflicts of Interest. Consultant represents that it is not currently engaged in and has not contracted to perform work on the behalf of any party or parties whose interests are or would reasonably appear to be adverse to those of City. In the event that Consultant should discover that it has represented, is representing or is being requested to perform work for a party or parties with interests adverse to those of City, Consultant shall immediately notify City in writing of such situation. Said notification requirement shall apply to all work performed by Consultant for another party or parties, with interests adverse to those of City, on a subcontract as well as on a contract or other basis. Further, the Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall comply with all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. Consultant agrees not to provide services within the City boundaries for any other public or private entities without prior written approval from City.

18. Indemnification.

A. General Indemnity. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent consultant in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including reimbursement of reasonable fees of accountants, attorneys, or other professionals and all reasonable costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, to the extent which are found to arise out of the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees or as determined by court decision or by the agreement of the Parties.

Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

B. For Design Professional Services. If Consultant's services hereunder include the performance of professional services by a "design professional," as the term is defined under California Civil Code § 2782.8(c), then to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless the Indemnitees, and each of them, from and against any and all Liabilities, including reimbursement of reasonable fees of professionals, and all reasonable costs associated therewith, and reimbursement of reasonable attorneys' fees and costs of defense, to the extent found to be arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement.

Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant, exceed Consultant's proportionate percentage of fault.

C. Subconsultants. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.

D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

Survival and Offset. The provisions of this Section 19 shall survive the termination of this Agreement. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph.

19. Liability Insurance.

A. Insurance Policies. Without limiting Consultant's indemnification of City as described in paragraph 19, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement.

Named Additional Insured. The City of Laguna Niguel and its Council members, officers, officials, employees, agents, and volunteers shall be named as additional insureds under the policies required by subparagraphs General and Auto Insurances for all liability arising from Consultant's performance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City.

C. Insurance Coverage. Prior to the commencement of any services hereunder, Consultant shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:
1) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 2) 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 the 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 $1,000,000 combined single limit for each accident.
3) 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 $1,000,000 per claim and 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 (3) years after completion of the services required by this agreement.
4) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

D. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications 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 subconsultant.

E. Duration of Coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subcontractors.

F. Primary/Noncontributing. Coverage provided by Consultant applicable to General Liability and Automobile Liability shall be primary and any insurance or self- insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured.

G City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

H. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VIl (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.

Enforcement of Contract Provisions (Non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

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 the 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.

K. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

L. Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

M. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subcontractor, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultant, and others engaged in the project will be submitted to City for review.

P. _ City's Right to Revise Specifications. 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 the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.

Q. 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 specifications unless approved by City.

R. 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.

Additional 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.

20. Nondiscrimination by Consultant. Consultant represents and agrees that Consultant, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or any protected class or basis prohibited by law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

21. City's Rights to Employ Other Consultants. City reserves the right to employ other consultants in connection with the subject matter of the Scope of Services.

22. Consultant's Records. Consultant shall keep records and invoices in connection with it work performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records.

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 under this Agreement.

Notices. Every notice, demand or request (hereinafter described in this Section as a "Notice") that is given by either party to the other under or in connection with this Agreement shall be in writing, and shall be given: (i) by email, to the applicable email address specified below; or (ii) by United States certified mail, postage prepaid, return receipt requested, or by same-day or overnight reputable private courier, addressed to the party to be served at its address below. Either party may change its email address for Notices, or its address for Notices, by a Notice given in accordance with this Section. Notices shall be deemed to have been delivered: (i) if sent by email, on the next business day, provided the sender's email system confirms has been delivered or does not indicate that delivery did not occur, as applicable; (ii) if sent by certified mail, three (3) days after deposit into the U.S. mail; and (iii) if sent by private courier, one business day after deposit with the courier for overnight delivery (unless the delivery service indicates to the sender that delivery has not occurred, in which case delivery shall be deemed to occur when the delivery service indicates to the sender that it has actually occurred).

CITY: City of Laguna Niguel
Attn: Community Development Director
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Email: [email protected]
CONSULTANT: RRM Design Group
Attn: Matt Ottoson
32332 Camino Capistrano
San Juan Capistrano, CA, 92675
Email: [email protected]

24. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services described in Scope of Services hereto by Consultant for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to such services by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding such services not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement.

25. Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement.

Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California.

Termination. City may terminate this Agreement, without cause or penalty, by providing written notice to the Consultant that the Agreement is terminated. Said written notice shall be provided at least fifteen (15) days in advance of the termination date.

Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in Section 3.

28. Breach of Agreement. If Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance.

City agrees that "satisfaction" and "satisfactory" as used in this Agreement shall be defined as services performed in accordance with the Standard of Care. In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement.

29. Attorneys' Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

31. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.

32. Authority to Sign. The person(s) executing this Agreement on behalf of the Consultant warrants and represents that they the authority to execute this Agreement on behalf of the Consultant and have the authority to bind the Consultant to the performance of the obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"

CITY OF LAGUNA NIGUEL
By:

Tamara S. Letourneau
City Manager
ATTEST:

Marissa Asistin
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Nicholas Ghirelli
Interim City Attorney
"CONSULTANT"

RRM DESIGN GROUP
a California corporation
By:

Print Name:

Title:

By:

Print Name:

Title:

EXHIBIT "A"

SCOPE OF SERVICES

ARCHITECTURAL

PEER REVIEW

STATEMENT OF QUALIFICATIONS FOR ON-CALL SERVICES

PREPARED FOR THE CITY OF LAGUNA NIGUEL ON
AUGUST 15, 2022
rrm
design
group

August 15, 2022 RE: ON -CALL ARCHITECTURAL PEER REVIEW SERVICES Katie Crockett Dear Ms. Crockett and the Community Development Department Team, Senior Planner
City of Laguna Niguel The Community Development Department's mission is to guide development 30/11 Crown Valley within the City to foster a better quality of life for residents and visitors Parkway alike including the creation of new residential opportunities, revitalization of Laguna Niguel, CA 92677
underutilized areas, and the creation of new employment opportunities in alignment with the City's General Plan Vision.
rrm THE LAGUNA NIGUEL VISION
design "Laguna Niguel... a high-quality suburban community that has excellent schools and extensive park and recreational opportunities; group
an attractive, safe, and comfortable place to live; an effective traffic circulation system within the City and convenient access to other areas CREATING of the County; a high level of public services for residents; a balance ENVIRONMENTS of residential and employment opportunities; and a comprehensive PEOPLE system of open spaces linked by hiking, equestrian, and bicycle trails." (August 1992)
ENJOY.
www.rrmdesign.com
To support this mission, RRM Design Group proposes on-call architectural 32332 Camino peer review services to support City staff on new and upcoming multi-family Capistrano, Ste. 205 residential, mixed-use, commercial rehabilitation, façade improvement, and San Juan Capistrano, CA
92675 landscape architecture services in response to the issued Request for Proposal. p: (949) 361-7950 The intent is to provide the resources and flexibility to meet the varying project f: (949) 361-7955 demands placed on the Community Development Department while maintaining a high level of quality and timeliness and enlisting design expertise and talent as needed.

Though specific assignments have not yet been identified, services may include a range of work efforts including
• Peer review of developer-submitted preliminary architectural plans, including site plans, building elevations, renderings, roof plans, and visual simulations; • Preparing updates to the City's community design guidelines that feature qualitative and quantitative goals and guidelines; and
• In-person meetings in support of City staff at City Hall, including Planning Commission and/or City Council hearings, as necessary.

RRM's multidisciplinary team is ready to assist the Community Development Department with these varied assignments as they arise. We feel we are a natural fit for the needs of the City of Laguna Niguel because:

WE KNOW SOUTH ORANGE COUNTY:

RRM Design Group San Juan Capistrano office has been in business in South Orange County for over 20 years. We understand the local geography and unique opportunities and challenges for development in the area.

Moreover, a majority of employees live and recreate locally and if they don't rrm live in Laguna Niguel, frequent its businesses and open spaces regularly - whether Peet's Coffee off Aliso Creek Road, Escape Craft Brewery off Camino design Capistrano, or the Aliso and Woods Canyon Wilderness Park. group
WE HAVE EXTENSIVE EXPERIENCE:

CREATING RRM Design Group has over 25 years of successfully providing design review ENVIRONMENTS services to communities across California. We are known for providing clear PEOPLE direction in order to achieve high-quality, aesthetically pleasing, and functional ENJOY. design solutions that positively contribute to a community's character. We promote creative dialogue with flexibility and deficiency, providing consistent, forward-thinking, and implementable design solutions.

WE UNDERSTAND HOW THINGS GET BUILT:

We understand property owner issues, city maintenance issues, development feasibility, and the real cost of public and private improvements and construction.

Our experience working on the private development side of the equation, coupled with our experience seeing projects through construction, is vital to creating realistic designs, consistent with relevant City design guidelines and policy documents, that capture the desired character of the community and foster investment.

WE HAVE THE TALENT, SKILLS AND HORSEPOWER TO GET THE JOB DONE RIGHT:

With over 150 employees providing architecture, planning landscape architecture, urban design, civil engineering, land surveying and construction management services, we hire the best, and it shows in our work. Your projects demand talent, technical knowledge, and a team of professionals who can communicate and collaborate. We thrive working closely as an extension of staff for successful outcomes.

We are eager to assist the Community Development Department and the City of Laguna Niguel by providing hands-on service and using our multidiscipline professionals as needed to support your on-call architectural peer review projects. If you need more information or have any questions regarding this proposal or our capabilities, we welcome your call or email.

Sincerely,
RRM Design Group
Mattorte
Matt Ottoson, CNU-A Scott Martin, AIA, LEED AP CNA-U
Project Manager Principal-in-Charge

SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES

TABLE OF CONTENTS
Page Section Name
1 Firm Information
15 2 Project Management Team
23 3 Project Experience
33 4 Rate Schedule
37 5 Exceptions
GRAPHICS & PHOTOGRAPHS:

This document features images of RRM Design Group and its subconsultant partners' projects, the graphics and photos of which are owned and copyrighted by our respective firms. There are no stock photos or images of any kind used in this proposal.

ABOUT RRM DESIGN GROUP:
32332 Camino Capistrano, Ste. 205 • San Juan Capistrano, CA 92675 p: (949) 36l-7950 • f: (949) 36l-7955 • w: rrmdesign.com California corporation • Leonard Grant, Architect C26973 • Robert Camacho, PE 76597 • Steven Webster, LS 756/ • Jeff Ferber, PLA 2844 The written and graphic materials contained in this proposal are the exclusive property of RRM Design Group.

The unauthorized use of any portion of these text or graphic materials without RRM's prior written consent is expressly prohibited. ® 2022 RRM Design Group

RRM PROJECT
HASLO Courtyard at the Meadows Affordable Housing
San Luis Obispo, California
FB
Section
FIRM INFORMATION SOQ for On-Call Architectural Peer Review Services City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES

FIRM PROFILE RRM Design Group
RRM exists because we love creating environments people enjoy. That is rrm what got us into the business over 45 years ago, and it is why we continue design
to thrive today. Our architects and landscape architects, engineers, surveyors, and planners work with our clients and their communities to group create the parks our children play in, the roads we drive down on our way to work, the neighborhoods we come home to, and the fire stations that

CREATING
keep our communities safe.

ENVIRONMENTS
Our work culture emphasizes collaboration, frequent communication, and accessibility. We're a close partner with our clients, helping them PEOPLE understand and navigate through the project lifecycle. Whether your ENJOY. project is public or private, commercial or residential, we listen, we design, and we deliver. On time. On budget. Since 1974. SAN LUIS OBISPO (HQ) 3765 South Higuero St, Ste. 102
San Luis Obispo, CA 93401
p: (805) 543-1794
f. (805) 543-4609

SAN JUAN CAPISTRANO
32332 Camino Capistrano,
Ste. 205

PERSONNEL BY DISCIPLINE
San Juan Capistrano, CA 92675
p: (949) 361-7950
176 professionals on staff at RRM Design Group in O core disciplines: f: (949) 361-7955

SAN LEANDRO
Architecture Landscape Planning Support 325 Davis St.

Architecture Staff San Leandro, CA 94577
Structural Engineering p: (510) 751-4910
Civil Engineering
Surveying. f: (510) 686-8831
34 California Licensed Architects SANTA BARBARA
36 Architecture Designers 10 East Figueroa St., Ste. 200 Santa Barbara, CA 93101
12 California Licensed Civil Engineers p: (805) 963-8283 California Licensed Structural Engineers f: (805) 963-8184 17 Engineering Designers
18 California Licensed Landscape Architects VENTURA
13 Landscape Designers 422 East Main St.

Community & Urban Planners Ventura, CA 93001
Licensed Surveyor p: (805) 652-2115
f: (805) 652-1532
3 Surveying Technicians
28 Administrative Support Staff WEBSITE
www.rrmdesign.com
RRM Design Group is o
California corporation and
an employee-owned company,
incorporated November 26, 1974
City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES 3

DESIGN REVIEW
For over 25 years, RRM Design Group has successfully provided design review services to many communities throughout California. We are known for providing clear direction about achieving high- quality, aesthetically pleasing, functional design solutions that positively contribute to a community's character. We promote creative dialogue with flexibility and efficiency, providing consistent, forward- thinking, implementable design solutions. Given the variety of projects submitted for design review, it is essential that the reviewer have experience interpreting design standards, design guidelines, and translating them into recommendations that effectively demand the desired architectural integrity and character.

RRM has experience in both writing and implementing citywide design standards, design guidelines, and performing comprehensive design review services. We look forward to the opportunity to assist you in shaping the future of projects in the City of Laguna Niguel. RRM has over 170 in-house professionals, including a team of licensed architects, landscape architects, planners, urban designers, and engineers that are readily available to provide support in design review services to the City of Laguna Niguel. Since 1996, our expert team of design professionals has worked together to conduct these services for many communities, including Anaheim, Cupertino, Santa Clarita, Long Beach, South Gate, Fremont, Capitola, among others.
mirrm
Firm Information | SECTION 1

LARGE ROOF PULLS THE EYE

HEIGHT OF THE BUILDING

LOBBY IS RECESSED

SIGNIFICANCE ON THE CORNER AND HIDDEN

TRUTH TESTING

AGAINST RRM

DESIGN REVIEW

INTERNAL SPECIFIC PLAN MULTI- RECOMMENDATIONS
DESIGN REVIEW RRM + CITY AND DESIGN DISCIPLINARY (SKETCHES, EXAMPLES, CHECKLIST STAFF DIALOGUE GUIDELINES REVIEW MEETINGS, ETC.) •
OR

APPLICANT REVIEW OF SKETCHES, EXAMPLES FINAL
RRM projects featured here: CHANGES

RESUBMITTAL FACE-TO-FACE COMMENTS/RFVIFW
Woodland City Center Lofts, Long Beach MEETINGS AS NEEDED First + Alamitos Development, Lancaster
1752 E Avenue, Santa Clarita Newhall
Block, West Hollywood Residence
Amhtecure! sues and a hich level of
Concider adations! omise to
дола маесалі ией inont
architecturel style and the pros
imagery.
- Salut al proposed cable und
City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES 5 SECTION 1 | Firm Information

DESIGN GUIDELINES

SCALE AND MASSING

PARKING AND

DRIVEWAYS DEVELOPMENT STANDARDS REVIEW
ation at second Door tient sievation may cantilever.
• Remove the covered parking
requirement
• Limis driveway to single lane
• Do not allew subterranean garages
• Screen parking from stree
• Encourage garages in rest

DESIGN GUIDELINES REVIEW
Design Gudeines actress
• Screen parking from sirest
• Integrate parking strategies Into overall design concept • Limit ingervious hardscape
• Encourage parking to the side
• Plain concrele end asphalt is
discouraged
• Integrate carport into mansing ILE SINGLE FAMIET OREIGN

SINGLE-PAMILY GESIOR
"I am impressed with the quality
and completeness of the document.

This is a great way to not only
represent what the City is looking
Residential Design Manual for but in a very easy to follow and clear format. Excellent work!"
- Ken Striplin, City Manager, City of Santa Clarita
RRM projects featured here: West
Hollywood Norma Triangle Overlay District
and Design Guidelines, Santa Clarita
Cily of Canitos
Community Character & Design Guidelines,
Cerritos Residential Design Manual, Fremont
Citywide Design Guidelines

CITYWIDE
DESIGN

GUIDELINES
BEFORE
Pomon!
AFTER
arrm
Firm Information | SECTION 1
MULTIFAMILY AND One of the most important distinguishing factors between RRM and other consultants is our portfolio of architectural projects that we bring MIXED-USE to the assignment. We not only know how to write design standards and DEVELOPMENT guidelines, but we implement them. We know how to get things built.

RRM projects featured here:

Avila Oaks Multifamily Development, Casa Las Granadas Multifamily Housing, Courtyards at Avila Mixed-Use Development, Puseo Chapala Mixed-Use Development, Jardin de la Rosa Mixed-Use Development City of Laguna Niguel | SOQ FOR ON -CALL ARCHITECTURAL PEER REVIEW SERVICES SECTION 1 | Firm Information

A FRESH TAKE ON COMMUNITY ENGAGEMENT
Communication in our modern era has become increasingly distant, making effective and thorough engagement with communities and stakeholders more challenging. Our team utilizes a variety of methods to engage participants of diverse backgrounds, education levels, and abilities with a cross-platform approach that gives agencies the ability to listen, offer remote participation, and collect feedback from all voices in the community.

Bringing people socialoinpoint
together for a
conversation:

In-person, virtually, or
hybrid format
Utilizing in-person and virtual
platforms, we'll help you engage
with a broad cross-section of
stakeholders
• Project committee & key
stakeholder interviews
Reaching communities
• Community workshops
where they already are
• Public hearings
• Open houses In today's day and age, there are
a ton of things fighting for our Expand possibilities
time and attention. We'll help
increase participation by meeting with digital tools
your community where they We'll help you engage with key already are, utilizing modern
communication methods as well as demographics in a remote way more traditional approaches • Virtual meetings & webinars • Project website & branding • Real time and static surveys • Social media advertising • 360 viden site tours.
• Newsletters & e-blasts • White-boarding &
• Mailers, flyers & business cards brainstorming tools
• Community ambassadors • QR codes
• Pop-up engagement booths
• Walking tours
Formal Outreach • Student involvement
Methods & Processes
We'll promote a smooth
public review and adoption
process through continual
check-ins with decision-makers
throughout the project
• Stakeholder interviews Scan QR
• Project committees code with
• Decision-makers check-ins camera app
or click Icon
• Public hearings to learn more!
8 arrm
Firm Information | SECTION 1

ASSEMBLING OUR TEAM

CITY OF LAGUNA NIGUEL

RRM DESIGN GROUP

SCOTT MARTIN, AIA, LEED AP, CNU-A

PRINCIPAL-IN-CHARGE

MATT OTTOSON, CNU-A

PROJECT MANAGER
Primary Point of Contact

IN-HOUSE PROJECT SUPPORT STAFF
" JAMI WILLIAMS CNU-A
Jami has 20 years of experience as an urban designer. Jami's unique

ARCHITECTS
perspective enables her to advance projects from the early community PLANNERS outreach and visioning stages to the development of urban design URBAN DESIGNERS plans and policy documents that are creative yet realistic.

LANDSCAPE ARCHITECTS

ENGINEERS RANDY RUSSOM AIA
Randy is a licensed architect with over 20 years of experience.

He specializes in commercial design with an emphasis on RRM Design Group projects that reflect great awareness and respect for context has a variety of
and surroundings.
in-house resources
who assist with BRADY WOODS
special projects when Brady brings over 19 years of land use planning experience from needed. A selection of both the public and private sectors. Brady strives to successfully those professionals integrate design development with community interest. we tap into most
often for design DEBBIE JEWELL PLA
review assignments Debbie serves as landscape architect and urban designer for are featured here. many of RRM's advance planning and urban design projects.

She is a licensed landscape architect and brings over 25 years of experience.

City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES SECTION 1 | Firm Information

APPROACH
RRM is committed to providing architectural and urban design services and brings dedicated key personnel and team members to provide excellent service to the City. We have standard practices in place to ensure that accurate, timely and well-planned projects result from our planning and design efforts. Internally we meet weekly to allocate resources and schedule staff, and we also connect periodically to review long-range needs. Processes will be further tailored based on the City of Laguna Niguel's needs and workload demands.

For example, agreed-upon design review times may focus on a turnaround of ten working days, or we could reserve one day a week for design review assignments if needed. In addition, we recommend you contact our clients directly to hear firsthand about our timely performance.

Due to the on-call nature of the requested services, a detailed work plan is not yet practical. We have provided examples within the qualifications section that demonstrate our ability to support your architectural and urban design needs, including design review of proposed development proposals and master and specific plans and public improvement design and implementation. Assignments that involve planning and designing public improvements, including but not limited to streetscape complete streets improvements, corridor branding and wayfinding, and other public realm enhancements and improvements, will warrant collaboration with staff to ensure a customized approach and scope.

RRM has mastered a process for design review-related services that yield quality results! We know it is important to you that future development enhances the character and quality of its surrounding context and the long-term value and quality of life of the community as a whole. Therefore, we have provided our proposed methodology below. Working in close communication with staff will be essential to ensuring resources are in place when needed, and expectations are met. Collaborative discussions early on will ensure that we mutually agree upon all tasks and timeframes that are critical to milestones, deliverables, submittals, and review periods. RRM will also provide regular progress reports on work status and budget to the City of Laguna Niguel and provide invoicing detail in order to track costs to specific development applications.

Further, RRM accounting software provides daily monitoring of staff time and overall project budgets to ensure budget compliance.

METHODOLOGY
We recognize that the needs of each community are unique, and an approach to providing services should be customized. RRM has been providing design review services for many years and has crafted the following process that has worked successfully. While we believe this is a good starting point, we look forward to further discussions with staff to refine a process that will best meet your needs.

CHECKLIST...

To ensure a thorough review is conducted, RRM has developed a checklist for both the applicant and City staff that describes precisely what materials are needed and the level of review desired by the City for the given project. Considering that we may work with multiple staff members in the City's Planning Division, the checklist provides a consistent approach to each review. The City may also wish to add a project submittal requirement requesting that the applicant fill out a form or checklist to identify and describe design guidelines elements, where applicable, and conformance. This checklist can be tailored to meet the City's specific needs.
10 arrm
Firm Information | SECTION 1
Break up wall plane with vertical
element and change in roof faums Enclose Stairwell
Step building top floor
to create virual appeal and
appartinity far roaf decks
Irane co
reflect windows
Incarparate base
to ground baldings
Add signage and awnings
to signify entries.

CRA/LA Design Review - Redlines
ANALYSIS...

The RRM design review team conducts a thorough analysis of the proposed project by reviewing each aspect of the plan, including reviewing the site plan, elevations, floor plans, color and material samples, landscape plan, images of the site, illustrative sketches, and other supplemental information provided. Our team will be familiar with the design guidelines other City policies and guidance documents and ensure consistency with City design criteria and vision.

SITE DESIGN AND LANDSCAPE...

Next, our architects, planners, and landscape architects provide specific recommendations on the project's site design and landscape palette to ensure both are appropriate, given the location of the site and the character of the area. We consider the topography, climate, and soil characteristics in determining the appropriate placement of structures and selection of landscaping. Our intent is to encourage native and drought-tolerant planting, where appropriate.

ARCHITECTURE...

Our architecture team analyzes the submittal for consistency with adopted Laguna Niguel design guidelines and policies, context and adjacencies, appropriateness of architectural style, form and massing, and quality of design and materials. Having licensed architects on the review team allows us to give realistic and feasible solutions that the developer can implement. These recommendations are typed up in a memo format for City staff to use at their discretion.

City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES SECTION 1 | Firm Information
Dark, un-articulated mass draws attention to second
story and feels looming over neighboring properties.

Rendering appears to have a difference in Finished Floor from one house to West Hollywood Residential Project the other of 4'. Is that true? If the proposed house is actually 4' taller, the difference between height is being understated and view should be updated.

SKETCH RECOMMENDATIONS...

Our architectural team often provides a sketch detailing the specific points we have covered in our written summary to support our recommendations. The sketch is either illustrated with a hand drawing on trace paper directly over the plan or elevation and/or is described through a detailed computerized graphic supported by representative images.

QUICK TURN-AROUND...

The RRM team strives to provide recommendations within ten working days of receipt of the application materials. Our design review team meets every Monday to ensure we are scheduled and available weekly.

We are available throughout the workday to answer questions about a specific project and keep a copy of the comments on file and provide subsequent reviews to follow-up submittals as needed. Working closely with City staff, RRM Design Group will develop tailored procedures to meet Laguna Niguel's needs with a particular focus on working within the City's established review timelines. We offer exceptional design review that comes from a firm that is:
• Organized with architects, planners, urban designers, landscape architects, and engineers under one roof. • Equipped with a proven track record for administering quality design review services for a number of communities.
• Composed of experts in both preparing user-friendly design standards and design guidelines and administering them for public entities.
• Experienced with a team of design professionals adept at working constructively and positively with private applicants and their design professionals in yielding a higher quality design for their projects. 12 mirrm
Firm Information | SECTION 1

PROPOSED TASK STRUCTURE
RRM proposes the following task structure for each design review assignment and we welcome discussion of further refinements to meet City goals best.

TASK 1 TASK 2 OPTIONAL

REVIEW ARCHITECTURAL PLANS MEETINGS WITH APPLICANTS
AND PROVIDE MEMO TO STAFF Subject to project needs, RRM may be asked RRM will participate in a teleconference to meet with the applicant or applicant's with Staff to determine key issues and architect to assist City staff with presenting identify existing development surrounding the requested changes (with City staff to the proposed project. The RRM will lead the meeting) at an additional fee. utilize Google Earth and photographs
provided by the City or applicant to
ensure the architectural design will be
TASK 3 OPTIONAL
visually harmonious with the surrounding

REVIEW RESUBMITTALS
development. Opportunities for City staff
to share initial thoughts and direction In some instances, review of resubmittals of to the RRM will be provided, such as project plans is warranted, RRM will assist for horizontal/vertical articulation, City staff with reviewing and commenting mass, bulk, scale, rooflines, building on revisions to the architectural plans. This orientation, and pedestrian scale. RRM may include reviewing and commenting will review architectural and landscaping on more than one set of revisions to the plans submitted with the application in architectural plans if the revised design conformance with the adopted design does not meet RRM and/or City staff's guidelines and other available policy recommended changes. RRM will provide an guidance and good design practices. estimated fee and receive approval before conducting additional reviews.

RRM will prepare an easy-to-read memo
with specific design recommendations and
comments. Written recommendations may TASK 4 OPTIONAL
be accompanied by one (1) overlay sketch, if PUBLIC HEARINGS warranted, to explain the direction and level
of required detail fully. Depending on the support necessary for the project, RRM may be asked to attend
a public hearing or public meeting at an
additional fee.

City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES

PROJECT DESIGN REVIEW
14 mrrm
Section
2 PROJECT MANAGEMENT TEAM SOQ for On-Call Architectural Peer Review Services City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES 15 SECTION 2 | Project Management Team
SCOTT MARTIN | AIA, LEEDAP, CNU-A

PRINCIPAL
Scott is a talented architect with a keen ability to be innovative and sensitive to clients' needs. His project focus and experience are wide-ranging, from illustration, master planning, urban design, needs assessments, design review to the production and construction of facilities.

Scott is a LEED Accredited Professional and has a high level of expertise in designing and implementing sustainable solutions. Scott's unique rrm CREATING relationship with both public and private clients gives him an understanding ENVIRONMENTS of the realities of development and community priorities. He excels in design PEOPLE
group ENJOY. working directly with owner and user groups to set project goals and priorities. Scott blends cohesive design solutions with his strong technical skills to bring a project's vision to reality.

Project Role
PRINCIPAL-IN- RELEVANT PROJECTS • Temecula Citywide Design CHARGE • Alhambra General Plan Update Guidelines
Scott will serve as the • Anaheim On-Call Architecture, • West Covina Architectural and Urban Design, and Landscape Urban Design Review
Architecture • West Hollywood Urban Design
• Azusa TOD General Plan/ Program
Development Code Update and • Yorba Linda Housing Element Specific Plan Implementation Program (Multi-
• Calabasas General Plan Update Family Design Guidelines) • Cupertino Residential/Mixed-Use
and construction of facilities. Design Standards EDUCATION • Dublin Citywide Multifamily • Bachelor of Architecture, California Design Standards Polytechnic State University,
Experience • El Cajon Housing Element San Luis Obispo, CA (2002) Rezoning Program Mixed-Use
21 YEARS OF Zone Testing ACCREDITATIONS •
EXPERIENCE • Encinitas SB 2 Planning Grant LICENSES • AFFILIATIONS (Objective Design Standards) • Architect, CA, C32348
• Long Beach Urban Design • Architect, CO, 00405508
Element and On-Call Planning • Leadership in Energy and Services Environmental Design Accredited
• Pasadena Urban Design Professional (LEED AP)
Consulting • Congress for the New Urbanism
• San Ysidro Community Plan Accredited (CNU-A)
Update • American Institute of Architects
• Santa Cruz County ADU Pre- (AIA)
Approved Building Plan Options • San Luis Obispo Chamber of • Stanford's San Juan Residential Commerce Economic Development District Committee
16 arrm
Project Management Team | SECTION 2
MATT OTTOSON | CNU-A

SENIOR PLANNER
With over a decade of experience in public and private sector planning, Matt Ottoson's approach to planning and design is driven by his desire to give back. As a city and private planner, Matt prioritizes both the client and communal need in all aspects of design. From concise written plans and graphics, to construction and community engagement, Matt is involved in every part of the process. As a key contributor to CREATING RRM's Design Review projects, he assists in implementing strategic rrm ENVIRONMENTS
design PEOPLE construction and city-specific design for various planning projects group ENJOY.
across the state. Working alongside both local government agencies and private-sector clients, Matt's comprehensive view of planning and Project Role design fosters projects that enhance the communities in which we live.

PROJECT MANAGER

MOST RELEVANT PROJECTS EDUCATION
Matt will act as project
• Alhambra General Plan Update 2015 • Master of Urban & Regional manager, overseeing all
design review assignments. • Anaheim On-Call Planning and Planning, Emphasis in Land Use and He will collaborate with Scott Design Review Design, California Polytechnic State to provide final review of • Azusa TOD General Plan/ University, Pomona, CA products and be available • Bachelor of Arts, Geography, Development Code Update and
to provide support where
needed. Matt will serve as the Specific Plan Emphasis in Environmental Analysis, City's primary point of contact. • Capitola Mall Design Peer Review CSU Fullerton, CA Services
• Carson On-Call Design Review ACCREDITATIONS •
Experience • Cupertino Residential/Mixed-Use LICENSES • AFFILIATIONS Design Standards • Congress for New Urbanism
11 YEARS OF Accredited (CNU-A)
• Del Mar Design Guidelines and
EXPERIENCE • American Planning Association (APA)
Municipal Code Amendments
• El Monte Downtown TOD • Congress for New Urbanism (CNU) Specific Plan • Urban Land Institute (ULI)
• El Monte On-Call Architectural and
Landscape Review
• Fremont Design Guidelines and
Design Review
• Lancaster Design Review Services
• Long Beach On-Call Planning
Services
• Santa Clarita Design Review
Services
• Temple City Design Review
• West Covina Architectural and Urban
Design Review
City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES SECTION 2 | Project Management Team
JAMI WILLIAMS | CNU-A

PRINCIPAL
Jami possesses the qualities necessary to produce creative, realistic and business-conscious design solutions that will guide future improvements of the City of Laguna Niguel. With over 20 years of experience as an urban designer and project manager, Jami's unique perspective enables her to advance projects from the early community outreach and visioning stages to the development of urban design plans and policy documents CREATING that are creative yet realistic and implementation-focused. She is well- rom ENVIRONMENTS
design PEOPLE versed in smart growth, mixed-use and transit-oriented planning principles group ENJOY.
that maximize quality design, minimize costs, and build on community consensus. She excels in public outreach, identifying public concerns and Project Role references and translating them into cutting-edge workable designs ai olicy documents that can be easily understood by community membe URBAN PLANNER and implemented by her public agency clients. Further, her strong communication and organization skills consistently ensure she deliver:
projects on time and on budget, always focusing on client satisfaction.

Experience

RELEVANT PROJECTS EDUCATION
26 YEARS OF • Agoura Village Design Review • Master of Business Administration, EXPERIENCE • Alhambra New Comprehensive Architecture Management Track, Zoning Code California Polytechnic State
• Anaheim On-Call Planning and University, San Luis Obispo, CA Design Review • Bachelor of Architecture, California
• Citrus Heights Design Review Polytechnic State University, San Luis Services
Obispo, CA
• Cupertino ResidentiallMixed-Use
Design Standards • Semester Design Program, Ecole
Des Beaux Art Americaines De
• Dublin Citywide Multifamily Design
Standards Fontainbleau, France
• El Monte Downtown Improvements • Associate of Science, Cuyamaca • Encinitas SB 2 Planning Grant College, San Diego, CA
(Objective Design Standards)
• Fremont Design Guidelines and ACCREDITATIONS •
Design Review LICENSES • AFFILIATIONS
• Long Beach Urban Design Element • Congress for New Urbanism and On-Call Planning Services Accredited (CNU-A)
• Pasadena Urban Design Consulting • American Planning Association (APA), • Rosemead Housing Element Member
Update • Urban Land Institute (ULI), Associate
• Santa Clarita Design Review Member
Services
• Soledad Design Review Services
• Ventura Design Review Training,
Camarillo
• West Hollywood Urban Design
Program
18 mirrm
Project Management Team | SECTION 2
RANDY RUSSOM | AlA

MANAGER OF ARCHITECTURE
As an engineering major with an early love of creation and a family of artists, a career in architecture was inevitable for Randy Russom.

Now, with over three decades of experience as an architect, Randy is an expert in construction management, hospitality projects, and custom residential work. As the former planning commissioner for the City of Arroyo Grande and a current member of the Board CREATING of Directors for San Luis Obispo, Randy brings a collaborative rrm ENVIRONMENTS
* design PEOPLE approach to his work, aiming to utilize all the creative intellect his group ENJOY.
team encompasses. His work with RRM yields award winning results that satisfy the needs of his clients, his team, and the community.

Project Role

MOST RELEVANT PROJECTS EDUCATION

PROJECT
• Carson On-Call Architectural Design • Bachelor of Architecture, California

ARCHITECT
Services Polytechnic State University,
• Carson On-Call Design Review San Luis Obispo, CA
Experience • Cupertino Consulting Architectural
Review Services ACCREDITATIONS •
33 YEARS OF • Dublin Citywide Multifamily Design LICENSES • AFFILIATIONS EXPERIENCE Standards • Architect, CA, C24410
• Dublin On-Call Contract Planning • American Institute of Architects (AIA) Services - On-Site • American Institute of Architects
• El Monte On-Call Architectural and Central Coast Chapter (AlACCC), San Landscape Review Luis Obispo, President
• Fremont Design Review • City of Arroyo Grande, Planning • Long Beach On-Call Planning Commissioner
Consultant Services • City of Arroyo Grande, Bridge Street • Los Gatos Architectural Consultant Replacement Committee Services
• Santa Clarita Design Review
• Santa Cruz County ADU Pre-
Approved Building Plan Options
• Shell Beach Development Standards
and Design Guidelines
• South Gate Design Review Services
• Temple City Design Review and On-
Call Design Support
• West Covina Architectural and Urban
Design Review
• West Hollywood Urban Design
Program
City of Laguna Niquel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES SECTION 2 | Project Management Team

BRADY WOODS

PRINCIPAL PLANNER
With over two decades of private and public planning experience, Brady Woods offers a comprehensive approach to planning and design.

Integrating his keen eye for detail with his desire to benefit the community, Brady's wide-ranging skillset is reflected in his work. With a commitment to fulfill every client's need, each of Brady's projects are executed with an all-encompassing precision. Specializing in both public and private CREATING sectors, Brady's versatile experience spans from innovative placemaking rrm ENVIRONMENTS
design PEOPLE and project management to government and civic engagement. From group ENJOY.
land use planning to urban design, Brady strives to fulfill the needs of both the client and the community through precise project execution.

Project Role

MOST RELEVANT PROJECTS EDUCATION

PRINCIPAL PLANNER
• Alhambra New Comprehensive • Bachelor of Architecture, California Zoning Code Polytechnic State University,
Experience • Anaheim On-Call Architecture, San Luis Obispo, CA Urban Design, and Landscape
21 YEARS OF Architecture ACCREDITATIONS •
EXPERIENCE • Arcadia Design Review LICENSES • AFFILIATIONS • Arcadia New Objective Design and • Architect, CA, C24410 Development Standards • American Institute of Architects (AIA) • Cupertino Residential/Mixed-Use • American Institute of Architects Design Standards Central Coast Chapter (AIACCC), San
• Cupertino Consulting Architectural Luis Obispo, President Review Services • City of Arroyo Grande, Planning
• Urban Infill & Redevelopment Area Commissioner
Plan, Dania Beach, FL* • City of Arroyo Grande, Bridge Street • Dublin Citywide Multifamily Design Replacement Committee Standards
• El Monte Housing Element Update,
• Encinitas SB 2 Planning Grant and
Objective Design Standards
• Rosemead Freeway Corridor
Mixed-Use Overlay Zone
• Rosemead Housing Element
Update
• Santa Clarita Architectural Design
Review Services
• Temple City Objective Design
Standards
• Yorba Linda Housing Element
20 arrm
Project Management Team | SECTION 2
DEBBIE JEWELL | PLA

URBAN DESIGNER
Debbie's love for the outdoors and public spaces paired with her passion for architecture and art culminate in the development of projects that are functional and aesthetically beautiful. As a licensed landscape architect and an essential long-time member of RRM's Urban Revitalization Group, Debbie has comprehensive experience in AutoCAD mapping, trail planning, specific plan development, design guidelines, CREATING and streetscape master plans; and has been providing design review rrm ENVIRONMENTS
I group PEOPLE services for cities throughout the state. Her attention to detail and ENJOY.
organization along with her dedication to keeping a clear and consistent line of communication with her teammates and Clients results in a Project Role reliable and streamlined work environment for all parties involved.

URBAN DESIGNER
MOST RELEVANT PROJECTS • Long Beach Urban Design Element • Agoura Village Specific Plan and On-Call Planning Services Experience • Anaheim On-Call Architecture, • Maclay Avenue Streetscape Plan, Urban Design, and Landscape San Fernando
28 YEARS OF Architecture
EXPERIENCE • Big Bear Village Specific Plan EDUCATION
Update, Big Bear Lake • Bachelor of Landscape Architecture, • Calipatria General Plan and Zoning California Polytechnic State Ordinance Update Urban Design University, San Luis Obispo, CA • Capitola Mall Design Peer Review • Associate of Arts, Fine Arts, Drawing Services and Painting, Academy of Art College,
• Carson On-Call Design Review San Francisco, CA
• Chula Vista Urban Core Specific
Plan and Design Guidelines, ACCREDITATIONS •
• Claremont Village West Specific LICENSES • AFFILIATIONS Plan and Design Guidelines • Professional Landscape Architect, • CRAILA Panorama City Streetscape CA, 5308
• Dublin Citywide Multifamily Design
Standards
• Dublin On-Call Contract Planning
Services - On-Site
• East Colorado Boulevard Specific
Plan, Pasadena
• El Monte On-Call Architectural and
Landscape Review
• Encinitas SB 2 Planning Grant
(Objective Design Standards)
• Fremont Design Guidelines and
Design Review Services
City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES 21

RRM PROJECT
Day Creek Affordable Senior Apartments
Rancho Cucamonga, California
22 murrm
Section
3 PROJECT EXPERIENCE SOO for On-Call Architectural Peer Review Services City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES 23 SECTION 3 | Project Experience
Santr Eteras
The City of Anaheim Planning Department retained

ANAHEIM
RRM Design Group to conduct on-call professional

PLANNING SUPPORT STAFF
services for both design review and for planning

SERVICES
department staffing. RRM's approach to design review
ANAHEIM, CA involves gathering the appropriate team of architects, urban designers, landscape architects, certified
NOTABLE INFO AND STATS: planners, and engineers to review and comment on a Client: City of Anaheim set of project plans submitted by an applicant. RRM Project Timeline: 2018-Present
then provides a succinct memorandum of comments
RRM SERVICES PROVIDED: and recommendations as well as graphic support in Planning, Architecture, the form of sketches or red-lined plans for staff to use Landscape Architecture in preparation of their staff report. "Through constructive, responsive, and professional project reviews, applicants have been provided easy- to-understand design direction to improve their projects. This approach results in making Anaheim a more inviting place for residents and visitors alike. RRM also has helped shape our developing design review process and tailored procedures to meet Anaheim's needs." - CJ Amstrup, Planning Services Manager,
City of Anaheim
arrm
Project Experience | SECTION 3

CITY OF CUPERTINO CITYWIDE OBJECTIVE DESIGN STANDARDS
Butting 1-
Und Type #1 - Front Elevation Unit Typo #3 - Front Elevation Massing elements at entries appeer "tacked on.

Revise to make maesing appear more intagral or
refine ontry massing design
•Example Three-Story Residental Third-story recessed behind S008Tn0R 80 9m049Z
pedestnan scale.
to provide appearance of two-
and three-story elements
CAnhlANeIRO A'AMANS ADDOR
supported by rafters/corbels
SEPTEMBER 2021 DRAFT Entry integrated into dasign
and hah ahind throud
appropriately attached
elements
In response to recent housing legislation, the City of

CUPERTINO
Cupertino hired RRM to develop objective design standards

RESIDENTIAL/MIXED-USE
for multifamily residential and mixed-use residential projects.

DESIGN STANDARDS &
RRM created objective standards that improve the overall

DESIGN REVIEW SERVICES
quality for projects built within the City of Cupertino,

CUPERTINO, CA
conducted thoughtful and appropriate community outreach, and prepared environmental documents.

NOTABLE INFO AND STATS: alla
Client: City of Cupertino RRM also contracted with the City of Cupertino to provide Project Timeline: 2019-Present
on-demand consulting services for the architectural review RRM SERVICES PROVIDED: of various development plans. The goal is to improve Planning, Architecture the overall quality of the projects built within the City of Cupertino through improved architectural design by
providing observations, conclusions, reports and appropriate recommendations in the architectural field. RRM used high levels of skill in technical areas relating to the City's General Plan, Zoning Ordinance, and any applicable specific plan and knowledge of architectural design principles.

City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES 25 SECTION 3 | Project Experience

MEMORANDUM
Race: Mines 4, 3071
To Kite Cope. Roopien Noye Yiel DegRee Tren
it Namben 01$333-UR1S
Prefect Hane Tenge Cry On Can Oner
Rocee (914)
with the Cay of Temple
Dear Andone. 118.1 R.1Z008
our Per
Amencan House (FOAH; was WEST ELEVATION (ALLEY)
West Elevation
A2-1'
Eter mod Residential

MEMORANDUM SCALE, WALL ARTICULATION, AND ROOF
Date Ocean 31, 56ie DESIGN SHOULD BE APPLIED TO ALL
From AH Origi Cong Organizatent Cay ef Temple Cle SIDES OF THE PROJECT Tie are mi Cry Ordin then Tite: See Resee Ton
Press Number OST 0K18 (409)
Dest Adam. RESIDENTIAL
We have reviewed no design ef the pro
Preminay Demortion P. -
f or 1.500% inoact - PROJECT SITE
WOODRUFF AVE.

MEMORANDUM
One passin Take OwenRaves tels
From Kies Drugs Cric Freet Hame Tank Coy ON COrie CLOVERKY AVE. PRIMROSE AVE.

COMMERCIAL
the Temole City Rea Sentul Denign Guidelines be with the Coy of Tergle Cry. TEMPLE CITY BIVD.

Dear Hesty.

Wie nave Code (CTCMC), specca.

LAS TUNAS DR.

RESIDENTIAL
Vicinity Map
Proyeet Location
TEMPLE CITY RRM's team of architects and urban designers has provided design review services for Temple City since 2004. Our team DESIGN REVIEW has reviewed and commented on the design of a variety of TEMPLE CITY, CA project types including mixed-use, residential, commercial, and industrial. Design recommendations for these reviews NOTABLE INFO AND STATS: are supported graphically through sketches and red- Client: City of Temple City lined plans and from time-to-time also include site visits, Project Timeline: 2004-Present meetings with applicants, and staff assistance in preparation for hearings. RRM has also assisted the City in preparing RRM SERVICES PROVIDED: mixed-use planning and best practices materials as well as Planning, Architecture, comprehensive infill residential design guidelines. Mixed-use Landscape Architecture
materials were used to educate City staff and elected officials on the complexities of this development type and to frame the City's review approach for future development proposals. 26 arrm
Project Experience | SECTION 3
Integrate tower element with similar Increase art
articulation and detailing found elsewhere in North Eleva the project to enhance North Elevation. of large, bl
design.
(hyde the canops into shorter Approprialey integrate this soffit leatur scaments that accentuate each lo reduce the top hey appearance indride secrete, rather than one
Ice continuous band
South Elevation
Exaggerate wall thickness
Ira erporte a baltheed Piat allaws fee by recessing windows. windoes to stop a mamum of 1 feet Recess building ensrances above the floor for visual anterest and to
enharce a sense of strival
for individual retail hays
RRM Design Group has provided design review services

EL MONTE
for the City of El Monte since 2015. Our multi-discipline

ON-CALL ARCHITECTURAL AND
professional design review team provides compliance
LANDSCAPE REVIEW check and supporting design review memorandums and

EL MONTE, CA
graphics for residential, commercial, industrial, and mixed- use projects within the City. We assist City staff with the NOTABLE INFO AND STATS: Lnin Initial Plan Review and Design Review process by reviewing Client: City of El Monte projects for consistency with the City's Comprehensive Project Timeline: 2015-Present
Design Guidelines, and when directed City staff, for relevant RRM SERVICES PROVIDED: portions of the El Monte Municipal Code. Reviews include Planning, Architecture, project narratives and design recommendations that are Landscape Architecture supported by both images and digital and/or hand sketches.

Our efforts have resulted in the elevation in design quality of the built environment throughout the City of El Monte.

City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES 27 SECTION 3 | Project Experience
Ciry of Uncivital
Introduction he Derred ther
• State lam requares cities to streamine che renew of new multiple family and mixed-use residential profects to
address the state-wide housing shortage
Building Roof Form
= Housty Accountablty Act.
= CA Senate BIl 35
= CA Serace BIE 330
How will Objective City ofE
Scandards be applied?
Building Plate Height
* Objectire standards will not apply to:
* Single farraty homes
- Accessory Dwelling Units (ADU) ?:.>
- Comminim / Industrial propacte
Building Orientation
ENCINITAS The City of Encinitas retained RRM Design Group to create objective design standards and an expedited permitting
OBJECTIVE DESIGN program to facilitate the development of affordable multifamily

STANDARDS
and mixed-use housing. In response to an HCD review of the ENCINITAS, CA Housing Element, the City committed itself to updating the Zoning Code, Specific Plans, and Design Guidelines to create NOTABLE INFO AND STATS: design standards that are clear and objective, and comply with Client: City of Encinitas state housing laws. RRM developed an effective community Project Dates: Ongoing outreach program employing a variety of public engagement tools, including stakeholder interviews, online surveys, a RRM SERVICES PROVIDED:

Planning, Architecture, project website, and digital media. The project includes easy- Landscape Architecture to-use and easy-to-administer standards for new housing to provide clear direction on topics such as site planning, building massing and elements, architectural design, landscaping, and utilitarian/mechanical elements. The standards ensure design compatibility within existing Encinitas neighborhoods.

An expedited permit process program is in development to require less time processing applications, thus making the delivery of more affordable units more economically feasible. 28 mirrm
Project Experience | SECTION 3

CITY OF DUPLIN
SPANSI

CITYWIDE MULTI-FAMILY

OBJECTIVE DESIGN STANDARDS
MODERA
The City of Dublin hired RRM Design Group to develop
DUBLIN
clearly defined objective design standards endorsed by

OBJECTIVE DESIGN
the community and decisionmakers that can be applied to STANDARDS & ADU multifamily and mixed-use residential projects. The intent of PROTOTYPES the project is to ensure that new residential development DUBLIN, CA is compatible with the surrounding neighborhoods, that quality materials are used, that building form and scale are NOTABLE INFO AND STATS: hallin appropriate to the site, and that development complies with Client: City of Dublin the intent of SB35 laws to facilitate and expedite construction Project Dates: Ongoing of housing. The final product will include clearly written standards with easy-to-use graphics. Given the lack of large RRM SERVICES PROVIDED:

Planning, Architecture, sites for new housing projects, the City is promoting the Landscape Architecture development of Accessory Dwelling Units (ADU). To assist in this effort, RRM is developing prototype plans including elevations, floor plans for garage conversion, and building permit plans for ADUs that will save property owners
money, expedite the permit process, and help ensure well- designed ADUs are built.

City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES 29 SECTION 3 | Project Experience

SMOLE FAMILY REBRIENTIAL

SINGLE-FAMILY RESIDENTIAL
Meet It drago to
ingle Tall parties
For poore
222I
A
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зарастна з
Hiere 1 Lare whores and lone ation ur use winde withdry she sean

LATE A FRONT
ARCADIA In recent years, the members of the Arcadia community have expressed concern about the mass and bulk of new development

DESIGN GUIDELINES UPDATE AND
and the perceived lack of architectural sensitivity in relation to

OBJECTIVE DESIGN STANDARDS
the surrounding neighborhood context. This, coupled with aging ARCADIA, CA guidelines, a newly adopted Development Code and contracted design review services, and five HOAs each with ARB's purview to NOTABLE INFO AND STATS: halin. review new residential construction including additions/remodels, Client: City of Arcadia provided an opportunity to pause, gather an updated understanding Project Dates: 2017-Ongoing
of community and City goals, revise the existing guidelines, and RRM SERVICES PROVIDED: develop a design review process that bridges the gap between Planning, Architecture HOA, City, and community understanding and authority. RRM Design Group was selected to respond to this challenge and developed Citywide Design Guidelines to promote the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of an applicant in response to existing site conditions. The design guidelines contain objective standards that direct users to desired design strategies for development or redevelopment of their property.
30 mirrm
Project Experience | SECTION 3

J- ALHAMBRA
T A masten dinG of in lans of the Code Analysis Memo
Buiding foor plates above the second floo
have a minimum JO% reduction in foor arec
stepped book from the primary street.
city of Alhambra
MiNer Planning Associates
ALHAMBRA After successfully completing a comprehensive General Plan update adopted by the Alhambra City Council in

OBJECTIVE DESIGN
2019, RRM was retained to develop objective standards
STANDARDS for housing development as part of a comprehensive ALHAMBRA, CA Zoning Code update. These standards will ensure multifamily development is consistent with the
NOTABLE INFO AND STATS: community values identified in the General Plan. RRM Client: City of Alhambra will prepare standards that comply with State law and Project Dates: Ongoing
focus on multifamily residential projects with the intent RRM SERVICES PROVIDED: to maintain the City's high quality/cohesive architectural Planning, Architecture design, reducing project review processing time and promoting higher density residential development. The
standards will provide direction on topics such as site planning, building massing and elements, building frontages, entrances, landscaping, and utilitarian/mechanical elements of building design. Extensive public engagement, including workshops/study sessions, stakeholder interviews, and a dedicated project website and digital media, will significantly shape the resulting standards which will be integrated into the updated Zoning Code designed and formatted by RRM, and endorsed by the community and City decisionmakers.

City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES 31 SECTION 3 | Project Experience

REFERENCES
Ask our clients...

East Elevation

JASON MIKAELIAN, AICP SCOTT REIMERS
Community and Economic Development Deputy Community Development Director Director
CONTACT:

CONTACT: (626) 656-7316
(626) 580-2064 [email protected]
[email protected]
CLIENT:

CLIENT: City of Temple City
City of El Monte 970l Las Tunas Drive
11333 Valley Boulevard Temple City, CA 91780
El Monte, CA 91731 PROJECT:

PROJECT: Temple City Design Review and On-Call Design
El Monte On-Call Architectural and Landscape Support
Review, El Monte Zoning Code and Design
Guidelines Update SERVICES PROVIDED:

SERVICES PROVIDED: Planning, Architecture, Landscape Architecture Planning, Architecture, Landscape Architecture

KEVIN CLAUSEN-QUIROZ
Project Manager II
CONTACT:
(714) 765-4306
[email protected]
CLIENT:

City of Anaheim
Community Services Department
200 S. Anaheim Blyd
Anaheim, CA 92805
PROJECTS:

Anaheim On-Call Architecture, Urban Design, and
Landscape Architecture
SERVICES PROVIDED:

Planning, Architecture, Landscape Architecture
mirrm
RRM PROJECT Section
Santa Rosa-Monterey Mixed-Use
San Luis Obispo, California
4 RATE SCHEDULE SOQ for On-Call Architectural Peer Review Services City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES 33 SECTION 4 | Rate Schedule
COST
As requested in the SOQ, the following table summarizes ranges of typical costs for design review for a variety of development proposals. The level of effort and cost may vary depending on the complexity of the project, potential issues, and applicant meetings. In addition, there typically would be an economy of scale for reviewing the three project aspects concurrently (site design, architectural and signage, and landscape).

We understand the furnished examples are to provide the City with an estimated cost for design review services and are not considered a binding cost proposal. RRM would invoice the City on a monthly basis with payment due upon receipt.

DESIGN REVIEW COST
Expected or Average Cost of Initial
Project Type
Design Review Memo
Commercial/Industrial/Other $2,200 - $3,800
Multifamily Development $2,200 - $3,800
Mixed-Use Development $2,200 - $4,200

COST BREAKDOWN EXAMPLE
Bill Rate Time (hrs) Cost
Laternal Project Setup and Coordination
Senior Planner $175 0.25 $43.75
Internal Team Meeting
Principal $235 0.5 $117.50
Senior Planner $175 0.5 $87.50
Associate Planner $138 0.5 $69.00
ickoff Call with City Planner
Senior Planner $175 0.5 $87.50
Associate Planner $138 0.5 $69.00
Conduct Design Review
Associate Planner $138 16 $2,208.00
nagement Review and Refinemeni
Principal $235 1 $235.00
Senior Planner $175 $175.00
TOTAL: $3,092.25
*Example project assumes Multifamily Development - 11-50 Dwelling Units category with average level of design. 34 mirrm
Rate Schedule | SECTION 4
rm BILL RATE RANGES
desia:
group Subject to change effective March 1st each year

ARCHITECTURE INTERIOR DESIGN
Architect $ 95 - $ 155฿ Designer 1 $ 60 - $ 95
Associate Manager of Architecture $ 140 - $ 200 Designer I| $ 70 - $ 120 Design Director $ 145 - $ 240 Interior Designer I $ 75 - $ 125 Designer $ 70 - $ 100 Interior Designer I! $ 90 - $ 150 Designer I! $ 80 - $ 125 Intern $ 45 - $ 85
Designer Ill $ 95 - $ 150 Job Captain $ 105 - $ 165
Intern $ 45 - $ 85 Senior Interior Designer $ 110 - $ 195 Job Captain $ 95 - $ 150
Manager of Architecture $ 165 - $ 280 LANDSCAPE ARCHITECTURE Principal 185 - $ 350 70 110
Assistant Designer $
Project Architect $ 115 S 185 Associate Designer $
Project Designer $ 115 - $ 185 Designer
Project Manager $ 115 - $ 185 Design Director $ 235
Senior Architect 135 - $ 235 Intern 85
Senior Designer 135 - $ 220 Landscape Architect $ $ 145 Senior Project Manager $ 135 - $ 240 Manager of Landscape Architecture $ 245 Principal $ 350
ENGINEERING & SURVEYING Principal Landscape Architect $ 235 Associate Engineer $ 115 - $ 170 Senior Landscape Architect $ $ 175 Construction Inspector $ 105 - $ 175
Designer l 55 - $ 95 PLANNING
Designer I! $ 75 - S 125 Assistant Planner $ 90 $ 130
Designer III (Structural only) $ 90 - $ 135 Associate Planner $ 105 170 Engineer l 90 - $ 140 Intern 45 85
Engineer Il 105 - $ | 65 GIS Specialist 80 - $ 150
Land Surveyor 115 - $ 170 Senior GIS Specialist 105 $ | 85 Manager of Engineering Services 170 280 Manager of Planning 175 265 Manager of Surveying 155 - $ 235 Principal 185 350
Party Chief 90 - $ 150 Principal Planner 165 250
Principal $ 185 - $ 350 Senior Planner $ 135 - $ 205
Project Engineer $ 125฿ - $ 185 Senior Urban Designer $ 135 $ 210 Project Manager $ 150 - $ 245 Urban Designer $ 105 - $ 170 Senior Associate Engineer 130 - $ 210
Senior Designer $ 10-S 185 CORPORATE SERVICES
Senior Land Surveyor 135 - $ 210 Administrative Assistant $ 60 95 Senior Party Chief $ 115 - $ 185 Administrative Coordinator 75 - $ 130 Senior Project Engineer $ 140 - $ 230 Assistant Office Manager $ 90 - $ 135 Supervisor of Surveying 145 - $ 220 Chief Executive Officer $ 195 - $ 500 Survey Technician I $ 60 - $ 100 File Clerk/Administrative Support $ 45 - $ 65 Survey Technician Il 75 - $ 115 Marketing Assistant $ 45 - $ 85 Survey Technician I!! 90 - $ 155 Marketing Coordinator $ 65 - $ 115 Surveying Crew Rates Marketing Manager $ 125 . $ 235
REGULAR Marketing Specialist $ 90 - $ 155
One person w/ GPS or Robotic Workstation $ 125 - $ 155 Office Coordinator $ 75 - $ 130 Two person $ 175 - $ 290 Proposal Coordinator $ 80 - $ 140 Three person $ 235 - $ 390 Receptionist $ 45 - $ 80
PREVAILING WAGE Senior Marketing Specialist $ 105 - $ 190 One person w/ GPS or Robotic Workstation $ 150 - $ 180
Two person $ 225 - $ 340
Three person 325 - $ 490
City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES 35

RRM PROJECT
Dana Reserve Specific Plan, Nipomo, California
FRESH
FRUIT
36 arrm
Section
5 EXCEPTIONS SOQ for On-Call Architectural Peer Review Services City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES 37 570 Marsh Street Mixed-Use (San Luis Obispo, CA)
Exceptions | SECTION 5

CONTRACT EXCEPTIONS
RRM Design Group is in substantial agreement with the City's proposed Professional Services Agreement sample. However, there are some items that we feel would be of mutual benefit to discuss. Please see below for a detailed explanation of the proposed changes.

I. Services to be Performed by Consultant. Consultant agrees to perform the professional services for City and to prepare and deliver the work products to City, consistent with the Standard of Care in a manner satisfactory to City, as described in the Scope of Services (the "Scope of Services") which is attached hereto as Exhibit "A" and incorporated herein by this reference.

2. Additional or Different Services. Any proposed changes in the Scope of Services which are the subject of this Agreement shall be made only by written amendment to this Agreement as mutually agreed upon in writing by City and Consultant.

4. B. Invoices. Upon submission of each invoice, if the City is satisfied that the Consultant has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within 30 days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld. If City does not approve an invoice, the City shall notify Consultant in writing of the reasons for non-approved within seven (7) days of receipt of the invoice.

8. Licenses; Standard of Care.

A. Qualifications. Consultant represents and agrees that all personnel engaged by Consultant in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals required of its profession to provide the services and work required to be performed by this Agreement. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement.

B. Standard of Care. Consultant shall perform the services under this Agreement in a skillful and competent manner consistent with the degree of skill and care ordinarily exercised by members of the same profession currently practicing under similar conditions in the same or similar locale ("Standard of Care"). The Consultant shall be responsible to City for any errors or omissions in the performance of work pursuant to this Agreement. Should any errors caused by Consultant be found in such services or products, Consultant shall correct the errors at no additional charge to City by redoing the professional work and/or revising the work products) called for in the Scope of Services to eliminate the errors.

18. Indemnification.

A. General Indemnity. To the fullest extent permitted by law, Consultant shall, at its sote cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent consultant in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including reimbursement of reasonable fees of accountants, attorneys, or other professionals and all reasonable costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, to the extent which are found to arise out of, are claimed to arise out of, pertain to, City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES 39 SECTION 5 | Exceptions
or relate to the negligent acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sote-negligence or willful misconduct of the Indemnitees or anyone for whose acts Indemnitees are liable as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense: Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith tied directly to Consultant's determined percentage of fault as set forth in California Civil Code 2782.8 as it is written as of the date of this Agreement.

B. For Design Professional Services. If Consultant's services hereunder include the performance of professional services by a "design professional," as the term is defined under California Civil Code § 2782.8(c), then to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless the Indemnitees, and each of them, from and against any and all Liabilities, including reimbursement of reasonable fees of accountants and other professionals, and all reasonable costs associated therewith, and reimbursement of reasonable attorneys' fees and costs of defense, whether actual, alleged or threatened, to the extent found to be arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant, exceed Consultant's proportionate percentage of fault.

E. Survival and Offset. The provisions of this Section 18 shall survive the termination of this Agreement.

City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement- or indemnification arising under this subparagraph:

19. Liability Insurance
F. Primary/noncontributing. Coverage provided by Consultant applicable to General Liability and Automobile Liability shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

P. City's right to revise specifications. 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 the Consultant ninety (90) days advance written notice of such change. If such change results in substantiat additional cost to the Consultant, the City and Consultant shall may renegotiate Consultant's compensation which shall be a contingency for Consultant to implement the change(s).
40 marrm
Exceptions | SECTION 5

28.Breach of Agreement. If Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. City agrees that "satisfaction" and "satisfactory" as used in this Agreement shall be defined as services performed in accordance with the Standard of Care. In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement.

29. Attorneys' Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees as part of prevailing party's total damages as, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other as part of total relief to which that party may be entitled.

City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES 41

ATTACHMENT G
Draft Amendment No. 1 to the Professional Services Agreement with RRM Design Group, Inc
AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES
(COMMUNITY DEVELOPMENT DEPARTMENT)

ON-CALL ARCHITECTURAL SERVICES
THIS AMENDMENT NO.1 TO THE AGREEMENT (this "Amendment No. 1") for Professional Services is made and entered into as of _, 2022, by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and RRM Design Group, a California corporation, hereinafter the "Consultant".

RECITALS:

1. Original contract
A. On , 2022, the City entered into a Professional Services Agreement with the Consultant to provide On-Call Architectural Services to support the Community Development Department (the "Agreement").

2. Amendment No. 1
A. To further improve Department operating efficiency and delivery of service, the City has requested the Consultant provide on-call services on an as needed basis through completion of the contract term, June 30, 2025, as described in Exhibit "A-1" (Scope of Services) attached hereto and incorporated herein.

B. City now desires to enter into this Amendment No. 1 to the Agreement with the Consultant to perform the requested services identified in Exhibit "A-1" in the amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00).

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:

1. Services to be Performed by Consultant. Consultant agrees to perform the professional services for City and to prepare and deliver the work products to City, consistent with the Standard of Care in a manner satisfactory to City, as described in the Scope of Services ("Scope of Services"), which is attached hereto as Exhibit "A" and incorporated herein by this reference.

2. Additional or Different Services. Any proposed changes in the Scope of Services which are the subject of this Agreement shall be made only by written amendment to this Agreement as mutually agreed upon in writing by City and Consultant.

3. Term. This Agreement shall become effective on the date stated above and will continue in effect until June 30, 2025 or until the work required by this Agreement is completed subject to termination as provided in paragraph 21, except the indemnification provisions contained in paragraph 18 shall remain in full force and effect after the Agreement is terminated. The parties may mutually agree in writing to extend the Term of the Agreement.

4. Payment for Services. City agrees to pay Consultant for providing the professional services which are described in Exhibit "A-1," and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "A- 1," in an annual amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00). All work performed is subject to the pay rate set forth in Exhibit "A-1."

5. Continuation of Terms and Conditions of the Agreement. Except as otherwise expressly provided in Amendment No.1, all terms and conditions of the Original Agreement shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 1.

6. Authority to Sign. The persons executing this Amendment No. 1 on behalf of the Consultant warrants and represents that they have the authority to execute this Amendment No. 1 on behalf of the Consultant and have the authority to bind the Consultant to the performance of the obligations hereunder.

IIII
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"

CITY OF LAGUNA NIGUEL
By:

Tamara S. Letourneau
City Manager
ATTEST:

Marissa Asistin
City Clerk

APPROVED AS TO FORM BY THE

CITY ATTORNEY FOR THE

CITY OF LAGUNA NIGUEL,

CALIFORNIA
Nicholas Ghirelli
Interim City Attorney
"CONSULTANT"
RRM Design Group
a California corporation
By:_
Print Name:

Title:

EXHIBIT "A-1"

SCOPE OF SERVICES
RRM PROJECT Section
Santa Rosa-Monterey Mixed-Use
San Luis Obispo, California
4 RATE SCHEDULE SOQ for On-Call Architectural Peer Review Services City of Laguna Niguel | SOQ FOR ON -CALL ARCHITECTURAL PEER REVIEW SERVICES 33 SECTION 4 Rate Schedule
COST
As requested in the SOQ, the following table summarizes ranges of typical costs for design review for a variety of development proposals. The level of effort and cost may vary depending on the complexity of the project, potential issues, and applicant meetings. In addition, there typically would be an economy of scale for reviewing the three project aspects concurrently (site design, architectural and signage, and landscape).

We understand the furnished examples are to provide the City with an estimated cost for design review services and are not considered a binding cost proposal. RRM would invoice the City on a monthly basis with payment due upon receipt.

DESIGN REVIEW COST
Expected or Average Cost of Initial
Project Type
Design Review Memo
Commercial/Industrial/Other $2,200 - $3,800
Multifamily Development $2,200 - $3,800
Mixed-Use Development $2,200 - $4,200

COST BREAKDOWN EXAMPLE
Bill Rate Time (hrs) Cost
Internal Project Setup and Coordination
Senior Planner $175 0.25 $43.75
Internal Team Meeting
Principal $235 0.5 $117.50
Senior Planner $175 0.5 $87.50
Associate Planner $138 0.5 $69.00
Call with City Planner
Senior Planner $175 0.5 $87.50
Associate Planner $138 0.5 $69.00
Conduct Design Review
Associate Planner $138 16 $2,208.00
Management Review and Refinement
Principal $235 1 $235.00
Senior Planner $175 1 $175.00
TOTAL: $3,092.25
*Example project assumes Multifamily Development - 11-50 Dwelling Units category with average level of design. 34 arrm
Rate Schedule | SECTION 4
rrm BILL RATE RANGES
design
All group Subject to change effective March 1st each year

ARCHITECTURE INTERIOR DESIGN
Architect $ 95 - $ 155 Designer 1 $ 60 - $ 95
Associate Manager of Architecture $ 140 - $ 200 Designer I/ $ 70 - $ 120 Design Director $ 145 - $ 240 Interior Designer I $ 75 - $ 125 Designer I $ 70 - $ 100 Interior Designer Il $ 90 - $ 150 Designer Il $ 80 - $ 125 Intern 45 - $ 85
Designer Ill $ 95 - $ 150 Job Captain $ 105 - $ 165
Intern $ 45 - $ 85 Senior Interior Designer $ 110 - $ 195 Job Captain $ 95 - $ 150
Manager of Architecture $ 165 - $ 280 LANDSCAPE ARCHITECTURE Principal $ 185 - $ 350 Assistant Designer $ 70 - $ 110 Project Architect $ 115 - $ 185 Associate Designer $ 80 - $ 125 Project Designer $ 115 - $ 185 Designer $ 95 - $ 140
Project Manager $ 115 - $ 185 Design Director 135 235
Senior Architect 135 - $ 235 Intern $ 45 85
Senior Designer 135 - $ 220 Landscape Architect $ 95 145 Senior Project Manager $ 135 - $ 240 Manager of Landscape Architecture $ 150 $ 245 Principal 185 $ 350
ENGINEERING & SURVEYING Principal Landscape Architect $ 135 235 Associate Engineer 115 - $ 170 Senior Landscape Architect 115 $ 175 Construction Inspector 105 - $ 175
Designer I 95 PLANNING
Designer Il 75 - $ 125 Assistant Planner 90 30
Designer Iill (Structural only) $ 90 - $ 135 Associate Planner $ 105 $ 170 Engineer l $ 90 - $ 140 Intern 45 $ 85
Engineer I| $ 105 - $ 165 GIS Specialist 80 150
Land Surveyor 115 - $ 170 Senior GIS Specialist 105 $ 185 Manager of Engineering Services 170 - $ 280 Manager of Planning $ 175 265 Manager of Surveying 155 - $ 235 Principal $ 185฿ - $ 350 Party Chief $ 90 - $ 150 Principal Planner 165 - $ 250
Principal 185 - $ 350 Senior Planner $ 135 $ 205
Project Engineer 125 . $ 185 Senior Urban Designer 135 210 Project Manager 150 - $ 245 Urban Designer 105 - $ 170
Senior Associate Engineer 130 - $ 210
Senior Designer 110 - $ 185 CORPORATE SERVICES
Senior Land Surveyor $ 135 - $ 210 Administrative Assistant $ 60 - $ 95 Senior Party Chief $ 115-$ 185 Administrative Coordinator $ 75 - $ 130 Senior Project Engineer $ : 140 - $ 230 Assistant Office Manager $ 90 - $ 135 Supervisor of Surveying $ : 145 - $ 220 Chief Executive Officer $ 195 - $ 500 Survey Technician I $ 60 - $ 100 File Clerk/Administrative Support $ 45 - $ 65 Survey Technician I! $ 75 - $ 115 Marketing Assistant $ 45 - $ 85 Survey Technician I!! $ 90 - $ 155 Marketing Coordinator $ 65 - $ 115 Surveying Crew Rates Marketing Manager $ 125 - $ 235
REGULAR Marketing Specialist $ 90 - $ |55
One person w/ GPS or Robotic Worksation $ 125 - $ 155 Office Coordinator $ - 75 - $ 130 Two person $ 175 - $ 290 Proposal Coordinator $ 80 - $ 140 Three person $ 235 - $ 390 Receptionist $ 45 - $ 80
PREVAILING WAGE Senior Marketing Specialist $ 105 - $ 190 One person w/ GPS or Robotic Workstation $ 150 - $ 180
Two person $ 225 - $ 340
Three person $ 325 - $ 490
City of Laguna Niguel | SOQ FOR ON-CALL ARCHITECTURAL PEER REVIEW SERVICES 35

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