Loading...
HomeMy WebLinkAboutMIG, INC. (3)INSURANCE ON FILE A-2023-089-04 WORK MAY PROCEED UNTIL INSURANCE EXPIRES GT1ZrEX CITY CLERK DATE: P1J�l2ii CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MIG, INC. FOR ON -CALL LANDSCAPE ARCHITECTURAL SERVICES THIS AGREEMENT is made and entered into on this 16th day of May, 2023 by and between MIG, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). N O RECITALS cv —' A. On February 22, 2023 the City issued a Request for Proposal No. 22-097 by which it j desired to retain a Consultant having special skill and knowledge in the field of: landscape __> architectural services on an on -call basis for the City's Public Works Agency B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 22-097. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 22-097, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A", attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C". Consultant is one of ten (10) separate consultants selected to provide services on an on -call basis under RFP 22-097. The total compensation for services provided by all consultants selected under RFP 22-097 shall not exceed the shared aggregate amount of $5,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper Page 1 of 10 invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall commence on May 16, 2023 and end on May 15, 2026, with the option for the City to grant up to two (2), one-year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant snakes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 10 6. INSURANCE 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 and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or 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. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: Page 3 of 10 (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Page 4 of 10 • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by Page 5 of 10 reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct Page 6 of 10 or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Page 7 of 10 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Page 8 of 10 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To Consultant: Steve Lang Principal in Charge MIG, Inc. 109 W. Union Ave. Fullerton, CA 92832 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] Page 9 of 10 SIGNATURE PAGE FOR CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MIG, INC. FOR ON -CALL LANDSCAPE ARCHITECTURAL SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JONATHAN T. MARTIN Assistant City Attorney RECOMMENDED FOR APPROVAL: 11 w a IA_ NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: STEVE LAT.- Principal in Charge Page 10 of 10 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL LANDSCAPE ARCHITECTURAL SERVICES RFP NO.22-097 INTRODUCTIONBACKGROUND The City of Santa Ana, Public Works Agency is seeking proposals from qualified firms to provide on -call landscape architectural services. The City of Santa Ana is located in central Orange County, flanked roughly by the Santa Ana River to the west, Santiago Creek to the north, I-55 freeway to the east and South Coast Metro area to the south. The city is approximately 10 miles east of the Pacific coast and 30 miles south of Los Angeles. Incorporated in 1889 and designated the county seat, Santa Ana is both the largest city in the county and one of the largest in the state of California, as Santa Ana's current population is estimated to surpass 334,000. This populace, living within the city's 27.2 square miles, translates into approximately 12,000 residents per square mile, making Santa Ana the densest city in Orange County and second densest in the State. Since 1947, the parks system was managed by the Parks, Recreation & Community Services Agency. In March 2022, the entire Park Services Division, which includes ParkPlanning and Park Maintenance, transitioned to the Public Works Agency. The City of Santa Ana's Public Works Agency (PWA) is now responsible for the planning, design, development and maintenance of fifty-four (54) parks, ten (10) recreation/community centers, two (2) senior centers, one (1) nature center, thirteen (13) miles of Class I recreational trails, 2 lakes, 5 municipal pools, the Santa Ana Zoo and multiple joint -use sites. The City's mission through our park system is to make lives and communities better now and in the future by providing access to nature, outdoor space to play and exercise, facilities for self - directed and organized recreation, positive alternatives for youth, and activities that encourage social connections, human development, and lifelong learning. In April 2022, the City updated its General Plan, including the Open Space Element and Bikeways Master Plan. In May 2022, the Parks, Recreation & Community Services Agency adopted its first Parks Master Plan. The ParkPlanning Division seeks the services of a landscape architectural firm(s) to be available on -call, to augment staff with delivery of projects potentially on all levels, ranging from site specific master planning, concept planning, feasibility studies, design, contract document development bid advertisement and construction support. SCOPE OF WORK In general, the Consultant shall perform landscape architectural services on an "on -call or as - needed" basis for various project assigned by the City during the term of the agreement. The Consultant shall have demonstrated expertise and experience in the areas of parks and recreation or other municipal projects, in areas that include but are not limited to planning new parks, site specific master planning of existing parks, sports fields & sports courts renovations, skate parks, dog parks, splash pads, bike trails, site lighting, water conservation, habitat restoration, urban forestry, landscape renovations, irrigation renovations, interpretive signage: • Design Expertise: In addition to having a solid understanding of parks and recreation projects, Consultant shall have experience and expertise in sustainable environmental design, low impact development, water wise landscaping and irrigation, current trends, maintenance needs. • Site Specific Master Planning & Concept Development: Consultant shall have ability to participate in site specific master planning exercises and concept development. Consultant shall prepare and deliver colored renderings, 3-1) modeling or other visuals as required to conununicate the project. Consultant shall provide final rendered concept plan upon final approval of the layout. • Community Outreach: If requested, Consultant shall, facilitate community engagement meetings to collect public input, create community engagement tools. • Meetings and Presentations: If requested, Consultant shall attend and/or facilitate meetings with City Staff, Neighborhood Associations, permitting agencies, Boards, Commissions, and/or City Council as required. Consultant shall prepare presentation materials for us in these meetings. • Feasibility Studies: Consultant shall have ability to conduct feasibility studies, analyses and/or preliminary documents for new renovation or alteration projects, to help City determine viability.. • Utility Search and Coordination: Consultant access utility companies and city records and coordinate into design. Consultant shall coordinate with said agencies throughout the design process. • Site Surveying: Consultant shall provide all field survey and topographic work necessary to complete the design effort. • Maps and Mapping Services: Consultant shall ability to provide, if requested. • Contract Documents: Consultant shall have ability to prepare complete plans and specifications for project bid advertisement. City will provide electronic title block files and boiler plate specifications; consultant shall adapt and develop document to include City of Santa Ana RFP 22-097 Page Al-1 bid items and definitions, include modifications to General and Special Provisions, and incorporate technical architectural specifications. Plans shall incorporate design criteria and requirements conforming to the City of Santa Ana (CSA) and other governmental agencies including, but not limited to the California Building Code, ADA, CSA Standard Plans. All plans, the title sheet of the specifications, calculations and reports must be signed and stamped by the consultant's licensed professional landscape architect, architect or engineer. • Cost Estimating: consultant shall provide costestimating services to provide "Opinion of Probable Cost". Consultant shall contact contractors, manufacturers, or draw info from recently bid projects when preparing their estunates. • Permits: Consultant shall assist City in obtaining approvals and/or permits from applicable agencies as needed, including project submittal, responding to plan check comments, and meeting with Building Officials if required. • Environmental: If requested, Consultant shall provide environmental review for projects, State CEQA and/or Federal NEPA, as required. • Storm Water Best Management Practices: have knowledge and incorporate into design practice principles of storm water best management practices (BMP). • WQMP: Consultant shall be able to determine when WQMP is required for aproject, have ability to prepare the document, and incorporate the findings in the overall design. • Quality Control: Consultant shall tightly control the quality of the work perform by in-house staff and/or sub-consukants. Incomplete or poor quality work will not be accepted. No additional compensation will be approved for changes required to deliver a tightly coordinated set of contract documents. • Bid Advertisement Support: Consultant shall assist during the bid advertisement period by responding to bidder questions, attending pre -bid job wallcs, assisting with addenda preparation, attending pre -construction meeting. • Construction Support: Consultant shall assist during construction period by attending pre -construction meeting, responding to Requests for Information (RFIs), attending regular site meetings as requested and final inspections, submittal review, change order review, troubleshooting and finding solutions to unforeseen site conditions. • As Built Plans: Upon completion of project, as -built plans may be submitted to the consultant to incorporate all changes made during the construction period. TASK ORDER PROCESS: City of Santa Ana RFP 22-097 Page Al-2 The intent of this RFP is to have several consultants under contract to be available to provide services, on -call, if the City shall need them. In executing a Professional Services Agreement with the selected firm(s), the City does not guarantee any Task Orders will be initiated during the life of the contract. All work performed under this contract will require a Request to Release Notice to Proceed (RRNTP) by the City. On a project -by -project basis, a proposal will be requested from all On - Call Consultants by the City's Project Manager or Contractor Administrator. Proposals shall define the scope of services, include a work plan, schedule, and proposed fee, which shall be based on the specified rates of compensation in the contract. The Project Manager/Contract Administration will review all proposals and select one firm for the work based on fee, availability, area of experience, and fair distribution of assigned work to all Consultants. City of Santa Ana RFP 22-097 Page Al-3 EXHIBIT B CONSULTANT'S PROPOSAL u fi CITY OF SANTA ANA On -Call Landscape Architectural Services RFP #22-097 1 March 15, 2023 m mp; 109 W. Union Avenue I Fullerton, CA 92832 (714) 871-3638 1 www.migcom.com In association with: BKF Engineers I LRA Engineers im March 15, 2023 Suzi Furjanic, Project Manager 109 W. Union Avenue City of Santa Ana Fullerton, CA 92832 20 Civic Center Plaza, M-22 (714) 871-3638 Santa Ana, CA 92701 www.migcom.com RE: RFP #22-097 for the City of Santa Ana On -Call Landscape Architectural Services CALIFORNIA Dear Suzi Furjanic and Selection Committee Members: BERKELEY, FULLERTON, Los ANGELES, PASADENA, The MIG Team is ideally suited for this on -call landscape architectural services RIVERSIDE, SACRAMENTO, engagement. With over 250 professionals firmwide in 14 offices, we bring proven, sAN DIEGo, SANNOSE, in-depth experience in park planning and design, urban and landscape design, dynamic ANDSOSONOMA in-house graphic design, and communication capabilities to Santa Ana. Our passion is COLORADO to create park and public spaces that capture the community's spirit and have a special DENVER resonance by connecting people to people and people to place. Our 41 years in business NEW YORK and over $1 billion worth of public improvement design projects in the ground, will be BROOKLYN assets to the City. Our Fullerton office, which is 12 miles from City Hall, will promote convenient and prompt access during the design and construction process, and we will OREGON consider ourselves an extension of your staff. PORTLAND TEXAS MIG is very familiar with your parks system and enhancement goals, having assisted SAN ANTONIO in the development of your first Parks Master Plan, adopted in 2022. We are currently working with Santa Ana on another first —your premiere Dog Park in Centennial Park. In WASHINGTON addition to extensive dog park improvements, the project involves relocating the police SEATTLE training and City nursery facilities and connecting to the regional bike trail along the Santa Ana River. We are excited about the opportunity to further enhance your parks, public properties, and increasingly important urban forest. The greater City landscape contributes to community health and quality of life through reduced heat island effect, carbon sequestration, and improved air and water quality, along with abundant recreational opportunities for families. As a principal with the firm since 1991, 1 will be the contact regarding this proposal throughout the evaluation period. I am authorized to represent the firm with contractual responsibility and bind the firm to the terms of the agreement. I can be reached at (714) 871-3638 x 4040, (714) 600-0817 cell or stevel@migcom.com. MIG, as prime consultant, will be responsible for all work as defined in the RFP, including subconsultants. This proposal is valid for ninety (90) days. We have carefully reviewed the City's sample contract. We have no exceptions and accept the terms as stated. We welcome the opportunity to discuss our qualifications and firmwide team expertise with you in further detail. Should you have any questions about our proposal, please do not hesitate to contact me. Thank you for the opportunity to be considered for your landscape architectural service needs. We look forward to enhancing your park system, your City-scape, and building upon our successful working relationship with Santa Ana. Sincerely, �rt,, Y)� il�ji Steve Lang, PLA, ASL/�' Prinicpal-in-Charge / Landscape Architect: CA #1771, NV #461 PLANNING / DESIGN / COMMUNICATIONS / MANAGEMENT / TECHNOLOGY / SCIENCE 1. - TABLE OF CONTENTS s 1. Firm and Team Experience 1 yx> 2. Project Understanding and Scope of Services 8- 1r 3. Relevant Project Experience 13i� 4. References 14 A S. Appendix: Team Resumes and Required Forms 16 ' i 44 P' , i �°:, :e a. -' �y •;f7".l. aa' is � _,l, .. s ••. '` .1' r"• '. •F •� 1. i e1'4All ..Br t�•,p �w t1 v V$ E' L 3 on � L I Q 1. Firm and Team Experience About MIG, Inc. MIG, Inc., improves, adapts, and creates organizations, environments, and tools for human development. We are a community of designers, planners, engineers, scientists, and storytellers who engage people in creative problem -solving and collective action. We believe that the physical and social environment around us have a profound impact on our lives, and this belief shapes the principles that guide our work: » Communities can plan their own futures; » The world needs an ecological perspective; Great projects work for everyone; » Elegant design inspires new thinking; » Every project presents an opportunity to advance racial and social equity; and » All work must be context driven. MIG is at the forefront of innovation. We are leading local, regional, and national planning and design initiatives to ensure accessibility and equity; engage, educate, and empower people through participatory processes; facilitate strategy development for social change; create playful and inclusive communities; reimagine streets and repurpose infrastructure; revitalize cities and restore ecosystems; and promote environmental stewardship by recognizing that the health of the natural and built world is mutually dependent. For over four decades, MIG has worked with public, private, and nonprofit agencies and their constituents worldwide to craft outdoor spaces where people walk, drive, gather, play, explore, work, learn, and live. Our landscape architecture practice integrates natural and built environments to connect people to place, nature, and each other. Existing site features, topography, and history inform our designs as we work with clients and communities to develop a specific program of functions and uses —creating a powerful sense of place that not only pleases the eye, but also protects ecological and cultural resources and enhances community livability. We offer Santa Ana a full range of services including site assessment, programming, concept and schematic design, feasibility analysis, irrigation and planting design, construction documentation and administration, and site maintenance manuals. Our approach is: cross -generational and universal — allowing all ages and abilities to share in the experience; integrated —considering all aspects of a project from vision to construction and ongoing maintenance; collaborative —partnering with clients and communities to foster ownership and advocacy; and creative —striving for innovation in design, programming, and implementation. City of Santa Ana I On -Call Landscape Architectural Services 1 Areas of Expertise » Landscape Architecture and Design • Neighborhood Parks • Community/Regional Parks • Sports Parks • Streetscapes and Trails • Public and Civic Facilities • Natural Areas and Greenways » Green Infrastructure and Civil Engineering » Irrigation Design/Water Auditing/Water Ordinances » Universal Design and Accessibility >> Playground Safety Inspection >> Park and Recreation Planning Urban Planning and Design » Cost Estimating » Construction Documentation and Administration » Plan Check Review » On -Site Construction Review/Inspection » Community Outreach and Involvement Environmental Services » Graphic Design and Communications Landscape Architecture With a core competency in landscape architecture, MIG provides services from concept design, feasibility studies and master plans to construction documentation and administration. We have broad experience in the design of sustainable outdoor environments for people of all abilities; contribute to community livability; and enable residents to lead healthy, active lifestyles. Parks and Civic Spaces Successful parks and public realm spaces must be deliberately programmed, well -maintained, and activated. We have helped lead the visioning, programming, and design for key public spaces all over the country and have been responsible for some of today's most high-performance urban and neighborhood environments. By approaching park planning from a programming standpoint, we have helped clients reach a tipping point in creating lively, connected, and attractive communities. Our parks and civic spaces anchor positive, healthy activity that brings life to surrounding neighborhoods and districts. Active Recreation, Athletic Facilities, and Sports Parks MIG specializes in the management, planning, and design of active recreation, athletic, and sports park complexes and facilities for communities nationwide. MIG designs parks to become a central element in communities, creating a sense of place, fostering community identity, and bringing families and people of all ages and abilities together in a dynamic environment. Building on classic sports parks, MIG seamlessly integrates diverse elements, such as trails, picnic areas, plazas, and play areas in order to create multi -dimensional places with a range of experiences for the community. City of Santa Ana I On -Call Landscape Architectural Services 2 Design for Children and Youth Historic and Cultural Landscapes MIG has researched and documented how appropriate design and programming can support the developmental and educational needs of children and youth. We find the greatest satisfaction in creating places where young people exercise their minds and their bodies in countless adventures. The environments we have created serve as educational resources, providing play and learning opportunities through direct contact with the natural world. In addition, our certified playground safety inspectors have the most comprehensive and up-to-date knowledge on safety issues, including hazard identification and risk management. Placemaking Simply put, thriving places perform. Thriving places are a mix of the organic, the created, and the energy that comes from being used. Ultimately, success is measured by the ability to encourage healthy social activity, which is basic to all other outcomes, including economic growth. MIG's design approach evolves out of an interaction with the place. Our designs tell stories that are unique and specific to site context. We utilize the idea of placemaking, which is more than an assemblage of buildings, plantings, and public spaces. Placemaking is intentional and encourages both social interaction and community identity to create meaningful spaces. It develops places where individuals feel like integral participants in their surroundings. MIG has specific resource area expertise in cultural landscape preservation planning and design for a variety of landscape types, including historic designed landscapes, historic sites, and vernacular landscapes. Our work is guided by the principle that landscape preservation requires managing, rather than halting, change. Project types include Cultural Landscape Reports, Master Plans, Cultural Landscape Inventories, and National Historic Preservation Act/National Environmental Protection Act Section 106 Compliance. Santa Ana became incorporated as a city in 1886, and may have historic and cultural landscapes that require special consideration. Universal Design and Accessibility As a nationally -recognized leader in universal design, MIG incorporates accessibility and universal design concepts into every project. From concept design through construction supervision, MIG has experience in the planning and design of environments that integrate people with and without disabilities. We are experts in the most current regulations, including ADA Standards for Accessible Design, Federal PROWAG, CA-MUTCD, and California Title 24 requirements. We have conducted access assessments and program evaluations, as well as created communication programs and ADA Self -Evaluation and Transition Plans for public agencies nationwide, including cities, universities, schools, recreation agencies, and other public environments. City of Santa Ana I On -Call Landscape Architectural Services 3 Streetscape and re:Streets Streets should be dynamic, temporal urban spaces, designed and managed to respond to the changing needs of the community. We are innovators in re -envisioning streets and corridors as places for people, not just cars, with complete streets and accessible and universal design. Our strategic approach, rooted in a thorough understanding of the social, economic, and cultural context of environments, results in built projects, enhanced places, and tangible revitalization. MIG's "re:Streets" is a multidisciplinary collaboration focused on the planning, design, and construction of streets as a method for improving our built environment. It pushes beyond the current standards to explore the future of streets and what America's roadways would be like if they were designed for living instead of just driving. Funded by the National Endowment for the Arts and organized and facilitated by MIG, re:Streets brought together a multidisciplinary group of over 100 professionals from both the public and private sectors to re -envision the American street. Working groups developed design solutions for topics, including mobility and access, events and programming, social gathering, play and recreation, wayfinding, green infrastructure, urban agriculture, commerce, and image and identity. The re:Streets Manual is available as a free digital guide and was distributed to many federal and state transportation agencies, as well as city planning, public works, and public health agencies throughout the country. Graphics/Visual Simulation It is our mission to empower people to make informed decisions about their communities by providing accurate and easy -to -comprehend graphics. We use 3D simulations, models, and renderings to tell a story, knitting together pixels and polygons built from real world data. These graphics assist the planning and design process, allowing us to explore, design, and envision a community alongside its stakeholders and decision - makers. We frequently utilize 3D modeling and other graphics to explore the opportunities and implications of real -world design considerations, such as the "height net," maximum build -out potential, or fire truck and emergency service access. Irrigation Design MIG encourages and promotes water conservation and water supply protection through innovative irrigation design. Our experience includes plan checking, irrigation design standards, and post -construction water efficiency audits. We can also provide special services, such as sub -surface drip irrigation, central control system planning, and reclaimed water. City of Santa Ana I On -Call Landscape Architectural Services 4 Sustainable Techniques MIG's design and planning practice is built on a foundation of creating sustainable projects that comprehensively integrates all aspects of low - impact development, from building public realm and open space design to creative methods of harnessing energy, promoting healthy living, and educating the community. The resulting projects achieve, or exceed, the objectives of Senate Bill 375 and Assembly Bill 32. Our approach to integrating sustainability is exemplified in the following ways. Regenerative Landscapes A healthy landscape takes less to maintain and sustain. MIG implements strategies that nurture the soil, allowing the biology in the soil to function properly, which in turn sequesters carbon and reduces carbon emissions, minimizes landfill waste and water use, and increases biodiversity and habitat, as well as maximizes the overall health of the landscape. We approach each project individually, assessing site conditions and project goals, and subsequently, crafting solutions that maximize health and ecology while minimizing maintenance and other costs. Flexible Open Spaces MIG's designs ensure that each and every piece of open space, whether in streets or parks, has more than one use and is flexible in meeting evolving needs depending on the time of the day or day of the week. We collaborate with our clients to explore multi -dimensional opportunities, such as using parking lanes in streets for outdoor dining or parking lots as farmers, markets, MIG programs dynamic open spaces for a variety of uses. Water Conservation In the design of parks, open spaces, and streets, MIG integrates best water conservation and water reuse practices, including drought -tolerant planting palettes, grey water systems, and other water - efficient tactics. Water conservation begins with the design by limiting the amount of water required while providing high distribution uniformity. Tools include ET -based controllers, moisture sensing, point source irrigation, and irrigation audits. Green Infrastructure MIG encourages designing open space and built environments that get "off the grid" in terms of managing on site water and energy needs and minimizing impacts on infrastructure. Successful techniques used within the public and private sectors include: capturing and reusing rainwater; treating sewage on site; and capturing and harnessing power from sun, wind, and kinetic energy. City of Santa Ana I On -Call Landscape Architectural Services 5 Our Subconsultants LRA Engineers LRA Engineers (LRA) provides electrical engineering and design services, including analysis and cost estimates, field investigations, energy compliance calculations, and preparation of specifications, reports, and construction documents. BKF Engineers Since 1915, BKF Engineers (BKF) have provided engineering, surveying, and planning expertise to a variety of projects, with success evident in legacy projects throughout the West Coast. Team Introduction Project Management Principal -in -Charge Steve Lang, PLA, ASLA, draws on wisdom from more than 40 years of landscape architecture experience. He will oversee the project and represent the firm in contractual scoping with the City as well as subconsultants. He will participate as necessary in meetings and presentations and provide quality assurance and quality control reviews. Project Manager Oscar Johnson, PLA, will be the day-to-day contact with City representatives and the project team. Oscar will coordinate site assessment and design through construction documents and construction administration. His communication and organizational skills, coupled with 22 years as a project manager, will provide steady, robust management. Technical Support » Holly de la Torre, LEED AP, CPS], Certified Playground Safety Inspector (MIG) » Melissa Butler, PLA, Landscape Architect (MIG) » Dino Viale, Irrigation Designer (MIG) » Bob Prasse, Environmental Planner (MIG) » Aaron Ishaeik, Creative Director (MIG) » Donna Yeung-Gutierrez, Project Associate (MIG) Bruce Kirby, PE, Civil Engineer (BKF) » Cirilo Regalado, PE, Electrical Engineer (LRA) City of Santa Ana I On -Call Landscape Architectural Services 6 Organizational Chart Steve Lang, Principal -in -Charge Oscar Johnson, Project Manager FIRM DESIGNATION: MIG BKF LRA LANDSCAPE ENVIRONMENTAL CIVIL ARCHITECTURE PLANNING ENGINEERING Steve Lang Oscar Johnson Bob Prasse Bruce Kirby Holly de la Torre Melissa Butler Donna Yeung-Gutierrez ' WAYFINDING ENGINEERING Aaron Ishaeik Cirilo Regalado IRRIGATION Dino Viale AvailableEstimated Staff Percentages for this Project Steve Lang of Time 20% Oscar Johnson 30% Holly de la Torre 30% Melissa Butler 20% Dino Viale 25% Bob Prasse 20% Aaron Ishaeik 15% Donna Yeung-Gutierrez 30% Bruce Kirby 20% Cirilo Regalado 15% City of Santa Ana I On -Call Landscape Architectural Services 7 2. Project Understanding and Scope of Services Project Understanding MIG understands and appreciates the value that parks and the city-wide public landscape contribute to the identity and quality of life of the Santa Ana community. We are excited about the opportunity to help shape your community parks and landscapes as we transition to more water -conserving measures, resource -conscious maintenance, and greater concern for ongoing costs. As indicated in the RFP, we understand the potential range of landscape architectural projects you envision. We have designed and developed a broad spectrum of parks and recreation facilities, streetscapes, medians, trails, dog parks, and public rights -of -way improvements. The MIG Team takes pride in finding successful, realistic solutions for our clients, involving ongoing park and streetscape maintenance, horticultural development, soil and water management, and irrigation issues. We knowledge and expertise with Santa Ana. Landscape architectural services will require thorough knowledge of current mandates that will affect design. Accessibility requirements will rely on thoughtful circulation and full universal access to public facilities throughout your park system and street sidewalks. We understand the water conservation requirements enacted by AB325, B1881 and Santa Ana's Water Efficient Landscape Ordinance that now govern landscape irrigation use. These water conservation concerns and mandated irrigation restrictions have prompted: limitations on turf use, requirements for smart weather -based irrigation controllers, and more efficient sprinklers and drip systems. Implementation of on -site green infrastructure to capture and store storm water runoff for percolation and groundwater recharge is becoming the norm. Resource conservation in terms of energy efficiency, waste recycling, and long-term maintenance demands are key design criteria, which we will consider in our design process. MIG will design your proposed park and landscape improvements with Santa Ana's high -quality standards and goals for safety, connectivity, opportunities for intergenerational activities, healthy exercise, and positive community interaction. We will work closely with City maintenance staff to garner their knowledge and recommendations to efficiently manage facilities and ongoing costs. We are particularly familiar with the special requirements of municipal projects. Our team understands the importance of complete and thorough bid documents to ensure quality construction from the "low responsible bid" contractors. Our design and construction documents will reflect this attention to detail and the quality of materials and equipment selected. We will request from City staff any standard equipment preferences that we should consider. MIG understands the relationship between City departments and the approval process. Our project team understands the City's submittal process, multi -agency review schedules, and desire to address plan check comments in a timely manner. We realize the value of proactively moving the project forward to ensure reviewers' continuity and to maintain project momentum. The MIG Team is very familiar with construction administration procedures and the importance of construction support services. We are well trained in construction administration services and tasks, and coordination with consultants, City staff, and contractors. An important aspect of our role will be to ensure that project implementation proceeds according to the design intent of the construction documents. City of Santa Ana I On -Call Landscape Architectural Services 8 Anticipated Approach/Typical Work Plan The specific scope of work will be determined based on the particular requirements of each project. The following tasks describe the overall approach MIG will take on your landscape architectural design projects. PHASE 1: CONCEPTUAL DESIGN DOCUMENTS Task 1.1: Project Initiation/Project Definition The MIG Team will schedule and conduct a project initiation meeting with the City project manager and staff to review the project assignment and MIG's specific proposal in response to the City's project assignment. MIG will seek information from the City on any current data, survey maps, boundary surveys, reports, analysis or drawings associated with the subject project. We will review work to be completed, staff goals and objectives, possible amendments to the project assignment, any alternatives to be considered, budgets and any subsequent refinements to the project design program. All parties must agree on the project proposal, scope of services, project schedule, milestones, and meeting calendar. Task 1.2: Data Collection MIG will collect available data from the City on all key aspects of the proposed project. Depending on the project type and required tasks, this may include infrastructure/utility drawings, topographic survey, record as-builts, locations of easements, geologic data and geotechnical reports, and other information relevant to existing conditions, reports, previous analyses, and management and operation records. MIG's designated project manager, Oscar Johnson will continually check on progress through regular emails and project team meetings. The MIG Team will obtain all design standards, codes, and ordinances to assure that the project is in compliance with the latest City standards. The MIG Team will prepare boundary and topographic surveys as necessary, as well as geotechnical investigations for pavement and footing design recommendations. Task 1.3: Site Reconnaissance The MIG Team will conduct a site reconnaissance to review site constraints and opportunities, grading boundaries, adjacent uses, surrounding conditions, and area context. Existing site conditions, including field opportunities and constraints, will be considered when preparing conceptual/preliminary site design. Phase 1 Deliverables: Project Schedule, Topographic Plan, Geoptechnical Report, Constraints and Opportunities Memorandum PHASE 2: SCHEMATIC DESIGN DOCUMENTS AND SERVICES Task 2.1: Existing Condition Assessment, Conceptual and Schematic Design, and Preliminary Reports Based on input from City staff as well as data collection, research, and analysis, the MIG Team will develop assessments of existing conditions, conceptual design plans, and preliminary design reports to present to the City staff for review and input for further refinement. City of Santa Ana I On -Call Landscape Architectural Services 9 Depending on the nature and scope of the project, tasks may involve exploring functional and visual relationships of desired improvements by looking at such components as: facility program, uses, circulation, views/vistas, pedestrian access, vehicular access, existing land forms, existing improvements to remain, edge treatments, topography, landscape materials, irrigation systems, security, preferred equipment, perimeter improvements, and ADA compliance. Further, MIG will facilitate needs assessment interviews and meetings if required to garner the desires and concerns of the community. Color rendered conceptual and preliminary drawings, colored perspective sketches, and design exhibits will be prepared and submitted in the City's plan format. All drawings will conform to the City's design standards. Task 2.2: Cost Estimates/Fiscal Analysis Depending on the project type and scope, the MIG Team will prepare either preliminary opinions of probable construction costs or initial fiscal analyses based on the conceptual plans or preliminary report findings for City staff review and input. Task 2.3: Submittal and Review by City Staff MIG will submit the existing condition assessment, design report, conceptual drawings and design exhibits as well as the preliminary opinion of probable construction costs to City staff for review and input. Task 2.4: Public Input as Directed by the City Staff Based on the project assignment and the sensitivity of the proposed project, the design team will facilitate a public input meeting or public workshop to gain input, review the conceptual or preliminary work, and seek consensus. MIG will prepare PowerPoint presentations, presentation boards, material boards, and meeting minutes for community and stakeholder meetings. Task 2.5: Final Plan/Report and Cost Estimate The MIG Team will prepare a final design report, analysis, or conceptual plans that reflect staff review comments. We will update the cost estimate or financial analysis to reflect the project refinements. The final preliminary plans, design exhibits and/or report will be submitted to City staff for final review and input. Task 2.6: Submittal to City Staff MIG will submit an electronic data file of the final design report and/or conceptual drawings and design exhibits as well as the preliminary opinion of probable construction costs to the City. Phase 2 Deliverables: Conceptual Plans, Preliminary Cost Estimates, Design Exhibits, Preferred Conceptual Plan for Approval, Electronic Data File, Summary Report PHASE 3: DESIGN DEVELOPMENT DOCUMENTS AND SERVICES Task 3.1: Design Development Once the City staff have approved the final preliminary plans and preliminary opinions of probable construction costs, the MIG Team will develop design development documents to include color renderings, sketches, and all required drawings and outline specifications. MIG will meet with City staff to review design development documents, design features and technology, with respect to resource management, water conservation, energy conservation and the efficiency of maintenance and operation of the proposed facility. Any changes in design will be reflected in an updated opinion of probable costs. Upon approval of the design development documents by City staff, MIG will proceed with preparation of construction documents (drawings and specifications). Phase 3 Deliverables. Refined Design Development Plans, Outline Specifications, Cost Estimates, Electronic File City of Santa Ana I On -Call Landscape Architectural Services 10 PHASE 4: CONSTRUCTION DOCUMENTS Task 4.1: Construction Documents The base sheets will identify all existing physical and topographic conditions as well as all existing proposed improvements. Using the design development drawings and outline specifications, the MIG Team will prepare construction documents. Construction drawings will be prepared utilizing AutoCAD 2020, the City's design standards, and applicable building and development codes, Technical Specifications will be prepared in CSI format. As an example, the document package may include the following types of construction drawings. » Cover Sheet/General Notes » Demolition Plan (existing conditions plan) » Grading and Drainage Plans » Construction Layout Site Plans » Construction Details » Irrigation Plan and Details » Landscape Planting Plan and Details » Technical Specifications >> Electrical Service: Site Lighting Plan and Details Task 4.2: In -House Quality Control/Review of Construction Documents MIG will conduct a thorough in-house quality assurance/quality control review of all construction documents. We will utilize in-house quality control checklists to review all construction documents prior to submittal to the City. MIG will ensure all review and plan check comments have been resolved, addressed, and incorporated into the construction document package. Task 4.3: Construction Document Design Submittal MIG will electronically submit all completed and in-house checked construction documents to the City at agreed project milestones (typically 30%, 50%, 90%, and 100% completion.) Task 4.4: Plan Check Review Comments The MIG Team will respond to all plan check comments resulting from the City's consolidated construction document submittal. MIG will address all comments with the City's clarification on any conflicting reviews as necessary, and prepare the construction documents for final design submittal. Task 4.5: Opinion of Probable Construction Costs The MIG Team will prepare a detailed opinion of probable landscape architectural construction costs with quantities and unit prices. Task 4.6: Final Design Submittal The final design submittal will include final drawings and specifications, reports, analyses, project construction schedules, and final opinion of probable construction costs. The final design submittal shall also include an electronic data file of all submittal documents for the City's bid use. All final documents shall be stamped and signed by the appropriate design professional. Phase 4 Deliverables: Construction Documents, Cost Estimates, Stamped and Signed Final Documents, Electronic Files of Final Documents City of Santa Ana I On -Call Landscape Architectural Services 11 NY � � 1 JI I� PHASE 5: BIDDING SUPPORT SERVICES Task 5.1: Bidding Assistance The design team will be available during the bid process to assist City staff, provide clarification, prepare addenda and respond to Requests for Information (RFIs) and Requests for Clarification (RFC's), analysis of alternates, supplementary drawings, specifications review, attendance at pre -bid meeting and bids review. PHASE 6: CONSTRUCTION ADMINISTRATION SERVICES Task 6.1: Construction Administration MIG will review and approve addenda, change orders, material submittals, contractor equipment submittals, shop drawings, and clarifications to drawings and specifications. MIG will also conduct weekly site visits and provide monthly reports on construction progress and change order status. The MIG Team will attend a preconstruction site review meeting with the awarded contractor and City staff. Additionally, MIG will meet at the City's request at the project site and review installation. MIG will participate in construction progress meetings and final site reviews as required and prepare meeting minutes. All site improvement inspections will be performed by the public service agency inspectors representing the City. MIG will prepare the punch list for final completion, facilitate "as -built" drawings received from the contractor, and co -approve with the City the certificate of final completion. Phase 6 Deliverables: Monthly Reports, Site Review, Meeting Minutes, Submittals, Punch List, As -Built Drawings, and Electronic Files City of Santa Ana I On -Call Landscape Architectural Services 12 3. Relevant Project Experience MIG has a proven track record of managing complex, multi -objective parks and recreation projects that create a high degree of community support through creative design, dynamic visuals, and powerful metaphors. Below is a list of selected MIG projects, with those conducted within the last five years shown in bold. • ' • • • • • • • • • • • • • Alpine Recreation Center Expansion, Los Angeles Downey Four Parks Renovations • • • • • • • • • • • • Magic Johnson Park and Implementation, Los Angeles • • • • • • • • • • • • • • • El Dorado Park at Pacoima Wash, Los Angeles County • • • • • • • • • • • • Hart Park Renovations, West Hollywood • • • • • • Hing Hay Park, Seattle, WA • • • • • • • • • • • Lambert Park Renovation, El Monte • • • • • • • • • LANLT Wishing Tree Park, Carson • • • 1 • 1 • 1 1 1 • • • • Layne Park Revitalization, San Fernando • • • • 1 • • • • • • • • • Mendez Tribute Monument Park, Westminster • • • • • • • • • • • • • • • Pasadena Playhouse Village Park and Parking Lot • • • • • • • • • • • • • Ponderosa Park, Anaheim • • • • • • • • Santa Monica Memorial Park Renovation • • • • • • • • • • • • • • • Tustin Legacy Veterans Park • • • • • • • • • • • • Westlake Village Community Park • • • • • • • • • • Always Dream Park, Fremont • • • • • • • • • • Anaheim Coves Multi -Use Trail • • • • • • • • • • • • Anaheim Outdoors Connectivity/Urban Greening • • • • • • • • Angeles National Forest Supervisor's Office, Arcadia • • • • • • • • Arcadia Gold Line Station Plaza • • • • • • • • • • • • • • Burbank Water and Power EcoCampus • • • • • • • • • • • Compton Creek Natural Park • • • • • • • • 1 • • • • • Desiderio Park, Pasadena • • • • • • • • • 1 • • • • • Dills Park Renovation, Paramount • • • • • • • • • • 1 • • 1 • • Exposition Park Landscape Master Plan, Los Angeles • • • • • • • 1 • • • • • • • Greenleaf Parkway Parks, Compton • • • • • 1 • 1 • • • • • • Johnny Carson Park Revitalization, Burbank • • 1 • • • • • • • • • • • • • Lake Forest Serrano Creek and Pittsford Parks • • • • • • • • Liberty Park Renovation, Cerritos • • • • • • • • • • • Monrovia Station Square Transit Village Park • • • • • • • • • • • • • Monte Verde Park, Lakewood • • • • • 1 • • • Santee Town Center Community Park • • • • • • • • • • • • • • Stoneview Nature Center, Culver City • • • • • • • 1 • • • • Ventura Community Park • • • 1 • • • • • • • • • Westlake Village Canyon Oaks Park • • • • • • • 1• • • Westminster 25 Parks Renovations • • • • • • • • • • • • West Wilshire (Pan Pacific) Park Athletic Field Improvements • • • • • • • • • • Yanaguana Garden at Hemisfair Park, San Antonio, TX • • • • • • • • • • • • City of Santa Ana I On -Call Landscape Architectural Services 13 4. References Downey Four Parks Renovations Downey passed a local bond to renovate and upgrade major public facilities, including four popular community parks: Apollo, Golden, Wilderness, and Dennis -the -Menace. MIG prepared development plans, and construction documents, and provided construction support services for the landscape, hardscape, irrigation, lighted synthetic sports fields, and building access improvements. Wilderness Park also included complete replacement of two existing ponds, significant environmental enhancements, and a bicycle path connecting to the regional bikeway along the adjacent San Gabriel River. Reference: Edwin Norris, Deputy Director of Public Works City of Downey (562) 904-7110 enorris@downeyca.org Veterans Park at Tustin Legacy MIG prepared the master plan and construction documents for this 31.5-acre park at the former Tustin Marine Corps Station. This "flagship" community sports park has four soccer fields, three ballfields, four tennis courts, two basketball courts, and eight pickle ball courts, all of which are lighted for night-time use. Other improvements include a children's play environment, splash pad, concession/restroom building, perimeter walking trail with exercise stations, passive open space and on -site parking for 456 cars. A signature element of the park is an impressive monument plaza commemoring veterans, military personnel, and the historic significance of the base. Reference: Chad Clanton, Director of Parks and Recreation City of Tustin (714) 573-3326 cclanton@tustinca.org Magic Johnson Park and Implementation MIG elevated Magic Johnson Park into a high-performance model of 21st century sustainable design. We developed a conceptual master plan for the 120-acre park that combines new recreation amenities with green infrastructure. We designed the Phase 1 improvements including: a new community events center; a lakeside community loop trail with picnic areas, fitness equipment, and scenic viewpoints; a destination children's play area and outdoor classroom; and native landscaping. The design, also features landscape infrastructure functioning as a natural filtration and irrigation system that benefits both human and natural ecologies. Stormwater runoff is directed to a biofiltration area in the form of mitigated wetland surrounding one of the park's two lakes. The filtered water fills the lake and is recirculated to irrigate the park. In addition, the wetland creates a habitat for birds, insects, and other urban wildlife. The park received the top Award of Excellence at the Southern California ASLA 2021 Quality of Life Awards. Reference: Sean Sackett, Capitol Project Group County of Los Angeles Department of Parks and Recreation (626) 588-5351 ssackett@pa rks.l acou nty.gov City of Santa Ana I On -Call Landscape Architectural Services 14 Mendez Tribute Monument Park In a collaborative effort between MIG, artist Ignacio Gomez, the City of Westminster, and Orange County Department of Education, Westminster developed a tribute park, monument and trail honoring Gonzalo and Felicitas Mendez, plaintiffs in the 1946 landmark desegregation Mendez vs. Westminster civil rights case. It preceded the famous U.S. Supreme Court 1954 Brown vs. Board of Education decision of national desegregation of public education. The .02- acre site features sculptures of the Mendez parents and their two children taking the first step into the school they had been denied to attend. Improvements include a park plaza with seating and an interactive station with interpretive panels and augmented reality features to share the Mendez story with visitors. The design incorporates drought tolerant plantings, accent and security lighting, water -saving irrigation technology, dry creek bed and depressed planting areas used to capture on -site storm water. Reference: Adolfo Ozaeta, Interim Assistant to the City Manager/Transportation Manager City of Westminster (714) 548-3462 1 aozaeta@westminster-ca.gov Westlake Village Community Park MIG developed the conceptual plan, design development and construction documents for this 20-acre hillside park. The site provides a variety of active recreation including: lighted fields for soccer, baseball and softball; children' play areas; in -ground skate park; perimeter jogging/walking trail, restroom concession building, picnic facilities, maintenance building and yard. A cooperative development includes a YMCA building and pool complex centrally located in the park. Sports fields are synthetic turf to reduce operational costs and conserve water. The slopes were landscaped with drought tolerant and native plant species blending into the adjacent oak woodland foothills. Reference: Roxanne Hughes, City Engineer City of Westlake Village (805) 890-8885 1 rhughes@willdan.com Lambert Park Renovation, Phase I MIG prepared a refined Master Plan, construction documents and provided construction support for this multi -phased park renovation project. The first phase renovations included a restroom concession building, play area, fitness zone, multi -use plaza, walking trails, parking lot improvements, security lighting, planting and irrigation and monument sign. Pending funding, he second phase improvements will include three ballfields, group shade shelter, perimeter walking trail and drought tolerant planting and upgraded irrigation. Reference: Alan Palermo, Consulting Project Manager City of El Monte (310) 717-3244 1 alanmpal@gmail.com City of Santa Ana I On -Call Landscape Architectural Services 15 Appendix ATTACHMENT3-1: NON-COLLUSIONAFFIDAVIT CERTIFICATIONS . NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITYOF SANTAANADEPARTAIENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, fwther, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or datarelative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautione�j that making a false certification y subject the certifier to criminal prosecution. Signed . U� State of California County of Subscribed and sworn to (or affirm before me on this day of 20v by proved to on the basis of satisfactory evidence to be the person(s) who appeared before me. fee gj�40Ae Notary Public Sea] ntv ofcome A-- I I.. City of Santa Ana I On -Call Landscape Architectural Services 26 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE y 8202 HSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 2 4 I Signature of Document Signer No. i Signature of Document Signer No. 2 (f any) A notarypublic orother officer completing this certificate verifies onlythe identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof U0 n v--o _0_YLAN CHR STOPHER 10NG Notary Pubifc - CaOfamia Los Angeles County Commission a 2344030 My Comm. Expires Jan 27, 20i5 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this -&�-- day of L:IL%IA , 20-13 by Dote Month Year (and (2) ) Nomek of Signerk Proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature ' v ` ✓� OPTIONAL Completing this information can deter ai fraudulent reattachment of this form t Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named ove: 02019 National Notary Association Signature of Notary Public Won of the document or unintended document. M1304-08 (09/19) Number of Pages: City of Santa Ana I On -Call Landscape Architectural Services 27 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf ofthe undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds otherthan federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of anyfederal agency, a Member of Congress, an officer or employee of Congress, or an employee of Member of Congress in connection with this federal contract, grantloan, loan or cooperative agreement, the undersigned shall complete and submit a"Disclosure of Lobbying Activities". This certification is a material representation offact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require thatthe language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Moore Iacofano Goltsman, Inc. (dba MIG) Signed and Printed Name:.® ' Title principal -in -Charge Date March 15, 2023 City of Santa Ana I On -Call Landscape Architectural Services 28 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post ill conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rude, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana I On -Call Landscape Architectural Services 29 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrunmation shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties unposed for a violation of the Chapter. Signed: N�' ' 1 • ? Title: Principal -in -Charge Finn: Moore lacofano Goltsman, Inc. (dba MIG) March 15, 2023 Date: City of Santa Ana I On -Call Landscape Architectural Services 30 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates if applicable Fee Proposal Billing Rate Schedule Unless specified otherwise by prior agreement, invoices are submitted monthly showing time and charges for professional services by staff category and a separate figure for expenses. Invoices are payable upon receipt. Invoices unpaid past 30 days are subject to interest at 11/2% per month. MIG Inc., labor includes all overhead. Rates will increase 3% each additional year. MIG Billing Rates Principal $225 Director/Senior Project Manager $195 Project Manager $165 Senior Landscape Architect $175 Landscape Architect $145 Landscape Designer $115 Senior Planner $180 Planner $145 Assistant Planner $90 ADA Specialist $135 Senior Facilitator $180 Outreach Specialist (bilingual) $120 Associate Facilitator $110 Strategic Communications Expert $195 Arts Director $180 Senior Web Designer $155 Design Visualization $150 Graphic Designer $140 GIS Specialist $130 Support Staff $95 Expenses • �x•�aerna Commercial travel Cos Automobile travel Current IRS rate Lodging/Meals Cost+10`Yo Photocopy (A and B sizes) $0.10/image Color copies $0.50/image Commercial report reproduction Cost+10% Noise meter setup $50/unit/day Subcontractors Cost+10% Other (lab, aerial photos, etc.) Cost+10% LRA Billing Rates Principal Engineer $145 Project Design Engineer $125 Draftsperson $100 BKF Billing Rates • • • ro-nia��s�r� Senior Project Manager $237 Project Manager $231 Senior Project Engineer $198 Project Engineer $175 Design Engineer $151 Draftsperson $113-$149 Surveyor $127-$198 City of Santa Ana I On -Call Landscape Architectural Services 1 Rodriquez, Teresa From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Tuesday, May 23, 2023 11:46 AM To: Rodriguez, Teresa; certificates@dealeyrenton.com; certsdesignpro@assuredpartners.com; hillsboroughfence@yahoo.com; Burrola, Melissa; Furjanic, Suzi; sharynt@migcom.com; Thomas, Sean Subject: Internal Notice of Compliance 0 NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor MIG, Inc. Name: Project A-2022-235 Number: Project Agreement With MIG, Inc. To Provide Full Concept Design For The City Name: Of Santa Ana Dog Park The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE AUTOMOBILE LIABILITY GENERAL LIABILITY PROFESSIONAL LIABILITY POLICY EXPIRATION NUMBER DATE COI DATE BAOS579947 08/31/2023 12/08/2022 6801H899998 AEC905795904 08/31/2023 10/17/2022 08/31/2023 10/17/2022 FILE NAME City-of-Santa-Ana- P_M IG-I nc- _DEFAULT--- GAU W_12-8- 2022_823072347.pdf The-City-of-Santa- A_MIG,-Inc- _DEFAULT--- GAUW_10-17- 2022_369668299.pdf The-City-of-Santa- A_M IG,-I nc- _DEFAULT--- GAU W_10-17- 2022_369668299.pdfl 1 TYPE OF INSURANCE POLICY NUMBER '< EXPIRATION -DATE COI DATE FILE NAME The -City -of -Santa - WORKERS COMPENSATION AND EMPLOYERS' A_MIG,-Inc- U621_553909 08/31/2023 10/17/2022 LIABILITY _DEFAULT--- GAU W_10-17- 2022_369668299.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 5/23/2023 2:45 PM