HomeMy WebLinkAboutAGR-7831 - RHA LANDSCAPE ARCHITECTS-PLANNERS, INC. - LANDSCAPE DESIGN SERVICES FOR RAMPLART STREET PARKPROFESSIONAL SERVICES AGREEMENT
[Landscape Architectural Design Services for Rampart Street Park]
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at
Orange, California, on this _____ day of ____________, 2025__ (the “Effective Date”) by and
between the CITY OF ORANGE, a municipal corporation (“City”), and RHA LANDSCAPE
ARCHITECTS-PLANNERS, INC., a California corporation (“Contractor”), who agree as
follows:
1. Services. Subject to the terms and conditions set forth in this Agreement,
Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,”
which is attached hereto and incorporated herein by reference. As a material inducement to City
to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated
and considered the scope of services and fully understands the difficulties and restrictions in
performing the work. The services which are the subject of this Agreement are not in the usual
course of City’s business and City relies on Contractor’s representation that it is independently
engaged in the business of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner
in conformance with the standards of quality normally observed by an entity providing such
services to a municipal agency. All services provided shall conform to all federal, state and local
laws, rules and regulations and to the best professional standards and practices. The terms and
conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A"
to the contrary.
Nathan Bluhm, Senior Project Landscape Coordinator (“City’s Project Manager”), shall be
the person to whom Contractor will report for the performance of services hereunder. It is
understood that Contractor’s performance hereunder shall be under the supervision of City’s
Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with
City’s Project Manager to the extent required by City’s Project Manager, and that all performances
required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager
and the City Manager.
2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this
Agreement, shall not exceed EIGHT THOUSAND FIVE HUNDRED DOLLARS and 00/100
($8,500.00) without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited
to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses.
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3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work actually
performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
c. City will pay Contractor the amount invoiced within thirty (30) days after
the approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by City as an
amendment to this Agreement. City’s Project Manager is authorized to approve a reduction in the
services to be performed and compensation therefor. All amendments shall set forth the changes
of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor
and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Contractor and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement,
Contractor shall be an independent contractor and not an employee of City. City shall have the
right to control Contractor only insofar as the result of Contractor's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Contractor shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees, including compliance with social security withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by
Contractor shall not, under any circumstances, be considered employees of City, and that they shall
not be entitled to any of the benefits or rights afforded employees of City, including, but not limited
to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or
health, life, dental, long-term disability or workers' compensation insurance benefits.
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7. Contractor Not Agent. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever.
8. Designated Persons. Only those qualified persons authorized by City’s Project
Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.
It is understood by the parties that clerical and other nonprofessional work may be performed by
persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his/her designee.
10. Time of Completion. Except as otherwise specified in Exhibit “A,” Contractor
shall commence the work provided for in this Agreement within five (5) days of the Effective Date
of this Agreement and diligently prosecute completion of the work in accordance with the time
period set forth in Exhibit “A” hereto or as otherwise agreed to by and between the representatives
of the parties.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall
do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control, other than those delays caused by City, shall be an extension of time. No matter what the
cause of the delay, Contractor must document any delay and request an extension of time in writing
at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the
length of the delay outside Contractor’s control. If Contractor believes that delays caused by City
will cause it to incur additional costs, it must specify, in writing, why the delay has caused
additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No
additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above,
absent a written amendment to this Agreement.
14. Products of Contractor. The documents, studies, evaluations, assessments,
reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products
produced or provided by Contractor for this Agreement shall become the property of City upon
receipt. Contractor shall deliver all such products to City prior to payment for same. City may
use, reuse or otherwise utilize such products without restriction.
15. Equal Employment Opportunity. During the performance of this Agreement,
Contractor agrees as follows:
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a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions 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. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees
placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Contractor knows or has reason to know that Contractor, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify,
defend and hold City, its City Council and each member thereof, and the officers, officials, agents
and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising
out of:
(1) Any and all claims under workers’ compensation acts and other
employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s
employees arising out of Contractor’s work under this Agreement, including any and all claims
under any law pertaining to Contractor or its employees’ status as an independent contractor and
any and all claims under Labor Code section 1720 related to the payment of prevailing wages for
public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property
caused by any act, neglect, default, or omission of Contractor, or person, firm or corporation
employed by Contractor, either directly or by independent contract, including all damages due to
loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of
them, arising out of, or in any way connected with the work or services which are the subject of
this Agreement, including injury or damage either on or off City’s property; but not for any loss,
injury, death or damage caused by the active negligence or willful misconduct of City. Contractor,
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at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other
proceedings that may be brought or instituted against the Indemnitees on any such claim or liability
covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against
the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage
under this subparagraph.
b. To the fullest extent permitted by law, and as limited by California Civil
Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability
arising out of any claim, loss, injury to or death of persons or damage to property to the extent
caused by its negligent professional act or omission in the performance of professional services
pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shall survive any closing,
rescission, or termination of this Agreement, and shall continue to be binding and in full force and
effect in perpetuity with respect to Contractor and its successors.
18. Reserved.
19. Termination. City may for any reason terminate this Agreement by giving
Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such
notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily
provided and all allowable reimbursements incurred to the date of termination in compliance with
this Agreement, unless termination by City shall be for cause, in which event City may withhold
any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
“records”) pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce
any of Contractor's records regarding the services provided under this Agreement. Contractor shall
maintain all such records for a period of at least three (3) years after termination or completion of
this Agreement. Contractor agrees to make available all such records for inspection or audit at its
offices during normal business hours and upon three (3) days’ notice from City, and copies thereof
shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
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b. If the work provided for in this Agreement constitutes a “public works,” as
that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must
be paid, to the extent Contractor’s employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it,
shall pay not less than the specified prevailing rates of wages to all such workers. The general
prevailing wage determinations for crafts can be located on the website of the Department of
Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract,
Contractor must meet all State registration requirements and criteria, including project compliance
monitoring.
c. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this
Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes,
and orders, including, without limitation, the Immigration Reform and Control Act of 1986
(IRCA); and
(2) Has not and will not knowingly employ any individual to perform
services under this Agreement who is ineligible to work in the United States or under the terms of
this Agreement; and
(3) Has properly maintained, and shall at all times during the term of
this Agreement properly maintain, all related employment documentation records including,
without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s
employees; and
(4) Has responded, and shall at all times during the term of this
Agreement respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the
Department of Homeland Security, the Department of Labor, or the Social Security
Administration.
d. Contractor shall require all subcontractors or subconsultants to make the
same representations and warranties as set forth in Subsection 21.c.
e. Contractor shall, upon request of City, provide a list of all employees
working under this Agreement and shall provide, to the reasonable satisfaction of City, verification
that all such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by Contractor. Once such request has been made, Contractor may not
change employees working under this Agreement without written notice to City, accompanied by
the verification required herein for such employees.
f. Contractor shall require all subcontractors or sub-consultants to make the
same verification as set forth in Subsection 21.e.
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g. If Contractor or subcontractor knowingly employs an employee providing
work under this Agreement who is not authorized to work in the United States, and/or fails to
follow federal laws to determine the status of such employee, that shall constitute a material breach
of this Agreement and may be cause for immediate termination of this Agreement by City.
h. Contractor agrees to indemnify and hold City, its officers, officials, agents
and employees harmless for, of and from any loss, including but not limited to fines, penalties and
corrective measures City may sustain by reason of Contractor's failure to comply with said laws,
rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance
with and governed by the laws of the State of California and Contractor agrees to submit to the
jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in
Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No
other agreement, oral or written, pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail,
postage prepaid, to each party at the address listed below. Either party may change the notice
address by notifying the other party in writing. Notices shall be deemed received upon receipt of
same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-
mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
RHA Landscape Architects-Planner, Inc. City of Orange
6840 Indiana Avenue, Suite 100 300 E. Chapman Avenue
Riverside, CA 92506 Orange, CA 92866-1591
Attn.: Douglas Grove Attn.: Nathan Bluhm
Telephone: (951) 781-1930 Telephone: (714) 532-6491
E-Mail: dougg@rhala.com E-Mail: nbluhm@cityoforange.org
25. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
[Remainder of page intentionally left blank; signatures on next page]
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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
“CONTRACTOR” “CITY”
RHA Landscape Architects-Planners, Inc. CITY OF ORANGE, a municipal corporation
a California corporation
*By: By:
Printed Name: Thomas C. Kisela, City Manager
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Nathalie Adourian
Senior Assistant City Attorney
*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary
or an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement, must be provided to
City.
√
Docusign Envelope ID: 382B5F7E-9FC8-41E9-8487-945ECDFD2B16
President
Doug Grove
EXHIBIT “A”
SCOPE OF SERVICES
[Beneath this sheet.]
Docusign Envelope ID: 382B5F7E-9FC8-41E9-8487-945ECDFD2B16
6 8 4 0 INDIANA AVENUE, SUITE 100, RIVERSIDE, CALIFORNIA 92506
(951) 781-1930 www.rhala.com LICENSE #2799
May 14, 2025
Nathan Bluhm
City of Orange
230 E. Chapman Avenue
Orange, CA 92866
RE: Conceptual Design & Graphic Presentation Plan for Rampart Street Park
Dear Nathan:
We are pleased to present this proposal for landscape architectural design services for the Rampart Street
Park project in Orange. We look forward to the opportunity to collaborate on this project and contribute
to the enhancement of this valuable community space.
We understand the goal of this project is to prepare a concept design and cost estimate for the park site
that will assist securing project approval and funding by May 30, 2025.
The proposed park will be thoughtfully designed to serve as a tranquil, multi-use public space. Key features
will include:
• Pedestrian Circulation: A clearly defined walking path or multiple interconnected paths to
encourage pedestrian activity.
• Seating and Rest Areas: Strategically placed bench seating to provide rest points along the path.
• Native Landscaping: Use of regionally appropriate, drought-tolerant plantings to enhance
aesthetics and ecological value.
• Amenities: Optional features may include:
o Designated dog walking or activity areas
o A combination drinking fountain, bottle filler, and dog watering station
o Trash and recycling receptacles
o Informational or interpretive signage
o Perimeter or selective fencing, as appropriate
• Tree Preservation: The design will integrate the existing mature trees, prioritizing the protection
of root zones and minimizing ground disturbance.
• Material Selection: All materials and landscaping elements will be durable and low maintenance
to ensure long-term sustainability.
• Visual Cohesion: The aesthetic of the park will align with the visual character and design standards
of other river-adjacent projects to the north and south of the site (similar to the New Park in West
Orange), creating a seamless and harmonious corridor experience.
Docusign Envelope ID: 382B5F7E-9FC8-41E9-8487-945ECDFD2B16
Rampart Street Park May 14, 2025
Orange, California
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
SCOPE OF SERVICES
1. Project Administration and Coordination
We coordinate the project with you and city staff throughout the course of the project.
2. Site Visit
We visit the site with you to review the project scope and confirm existing site conditions.
3. Base Map
We will utilize Google Earth/Maps images to create the AutoCAD base map for the projects. If the city
has access to GIS aerial images, we will utilize these for better detail. This should be sufficient for the
concept planning. If the project moves forward to construction documents a topographic survey will
need to be prepared.
4. Concept Presentation Plan and Cost Estimate
We will prepare a Conceptual Presentation Plan for the park site that illustrates the proposed
improvements, including walking paths, seating, native landscaping, and all identified amenities. In
addition, we will develop a detailed cost estimate covering all proposed improvements.
Both the concept plan and cost estimate will be reviewed collaboratively with you and city staff. Based
on feedback, we will make any necessary revisions to ensure alignment with project goals and
expectations.
The final deliverables will include:
• A colored Conceptual Presentation Plan in PDF format, designed for high-resolution printing on a
24" x 36" sheet
• A final cost estimate in Excel format for detailed budgeting and reference
FEE
Items 1 – 4 above . . . . . . . . . . $ 8,500
Note: City will print all plans and graphics
Upon your review of the above referenced scope of services, please sign and return this agreement to
RHA Landscape Architects-Planners, Inc. An emailed PDF copy of this agreement is sufficient.
Cordially, Authorized by:
RHA Landscape Architects-Planners, Inc. _________________________________
Doug Grove, RLA, ASLA, LEED AP Name/Title:
President By: Date:
Docusign Envelope ID: 382B5F7E-9FC8-41E9-8487-945ECDFD2B16
Rampart Street Park May 14, 2025
Orange, California
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
ATTACHMENT - 1
NORMAL HOURLY RATES
Senior Principal $230.00 per hour
Principal Landscape Architect 200.00 per hour
Project Manager 150.00 per hour
Landscape Designer 135.00 per hour
Administrative Personnel 90.00 per hour
OUTSIDE CONSULTANTS
Services of outside consultants not listed in this proposal, at our direct cost, plus 15% of the actual cost
of their services for coordination.
REIMBURSABLE EXPENSES
Reimbursable items, such as the cost of blueprinting, graphic reproduction, plotting, and photo copying,
at our direct cost plus 15%. Auto travel will be charged at .70 cents per mile.
OVERTIME REQUESTS
It is RHA’s responsibility to schedule the project’s completion under normal conditions without the use of
the staff on an overtime basis. If the Client adjusts the deadline or requests that work be completed
earlier than originally scheduled and thus requires overtime, the fees shall be adjusted to cover the
increased costs incurred by RHA. The hourly rates for overtime will be one and one-half (1-1/2) times the
hourly rates above.
CONDITIONS OF PAYMENT
We will bill on a monthly basis in proportion to the time spent on the project to date. All billing statements
are due upon receipt. Interest will be charged at the rate of 1-1/2% per month on the past due balance
thirty days and over. Due to increases in wages/benefits, fees and hourly rates are subject to an annual
increase of 6%.
NOTICE
Landscape Architects are regulated by the State of California. Any questions concerning a Landscape
Architect may be referred to: The Landscape Architects Technical Committee, 400 R Street, Suite 4000,
Sacramento, California 95814, (916) 445-4954.
Docusign Envelope ID: 382B5F7E-9FC8-41E9-8487-945ECDFD2B16
Rampart Street Park May 14, 2025
Orange, California
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
ATTACHMENT-2
ADDITIONAL SERVICES
Additional services shall be performed only when requested or approved by the Client. Compensation for
such services shall be in accordance with our Normal Hourly Rates and Reimbursable items per Attach.-1.
Additional services may include, but are not limited to:
1. Revisions or modifications to documents, drawings, or specifications when such revisions or
modifications are inconsistent with approvals or instructions previously given or are required by the
enactment or revision of codes or laws by governmental agencies having jurisdiction over the project
subsequent to the preparation of such documents, drawings, or specifications.
2. Any work requested by the City that is not heretofore mentioned.
OWNERSHIP OF DOCUMENTS
Drawings and specifications shall become the property of the Client at completion of services and
payment thereof. RHA, however, does not assume any professional responsibility or liability for use of
the drawings or specifications at any location other than this particular site. Architect will hold RHA
harmless for any error or omission arising out of the use of the drawings and specifications at any other
location and will be responsible for defending RHA from any third party actions because of such use.
INDEMNIFICATION
It is recognized and agreed that the design services provided for in this Agreement will not and cannot be
completed until all such services, including field observation services, have been performed in full by RHA.
The Client acknowledges that the inability of RHA to complete those services will significantly increase the
risk of loss resulting, among other causes, from misinterpretation of the intent of the design, unauthorized
modifications thereto, and failure to detect errors and omissions in the plans and specifications before
they become costly mistakes built into the project. Therefore, in the event that this agreement is
prematurely terminated or that RHA is otherwise precluded from completing the services set forth herein,
the Client agrees to hold harmless, indemnify, and defend RHA from and against any and all claims.
LIMITATION OF LIABILITY
The Client agrees to limit RHA’s liability to the Client and to all construction contractors and
subcontractors on the project due to RHA’s negligent acts, errors or omission, such that the total
aggregate liability of RHA shall not exceed fifty thousand dollars ($50,000.00) or the amount of RHA’s
contractual fee, whichever is greater.
TERMINATION OF AGREEMENT
This agreement may be terminated by either party upon seven (7) days written notice via registered mail,
should the other party fail substantially to perform in accordance with its terms through no fault of the
other. In the event of termination due to the fault of others, the landscape architect shall be paid his
compensation for expenses then due. If a dispute arises under this contract and litigation is instituted,
the prevailing party shall be entitled to recover its reasonable attorney fees.
Docusign Envelope ID: 382B5F7E-9FC8-41E9-8487-945ECDFD2B16
6 8 4 0 INDIANA AVENUE, SUITE 100, RIVERSIDE, CALIFORNIA 92506
(951) 781-1930 www.rhala.com LICENSE #2799
May 14, 2025
Nathan Bluhm
City of Orange
230 E. Chapman Avenue
Orange, CA 92866
RE: Conceptual Design & Graphic Presentation Plan for Rampart Street Park
Dear Nathan:
We are pleased to present this proposal for landscape architectural design services for the Rampart Street
Park project in Orange. We look forward to the opportunity to collaborate on this project and contribute
to the enhancement of this valuable community space.
We understand the goal of this project is to prepare a concept design and cost estimate for the park site
that will assist securing project approval and funding by May 30, 2025.
The proposed park will be thoughtfully designed to serve as a tranquil, multi-use public space. Key features
will include:
• Pedestrian Circulation: A clearly defined walking path or multiple interconnected paths to
encourage pedestrian activity.
• Seating and Rest Areas: Strategically placed bench seating to provide rest points along the path.
• Native Landscaping: Use of regionally appropriate, drought-tolerant plantings to enhance
aesthetics and ecological value.
• Amenities: Optional features may include:
o Designated dog walking or activity areas
o A combination drinking fountain, bottle filler, and dog watering station
o Trash and recycling receptacles
o Informational or interpretive signage
o Perimeter or selective fencing, as appropriate
• Tree Preservation: The design will integrate the existing mature trees, prioritizing the protection
of root zones and minimizing ground disturbance.
• Material Selection: All materials and landscaping elements will be durable and low maintenance
to ensure long-term sustainability.
• Visual Cohesion: The aesthetic of the park will align with the visual character and design standards
of other river-adjacent projects to the north and south of the site (similar to the New Park in West
Orange), creating a seamless and harmonious corridor experience.
EXHIBIT A PAGE 1 OF 4
Docusign Envelope ID: 382B5F7E-9FC8-41E9-8487-945ECDFD2B16
Rampart Street Park May 14, 2025
Orange, California
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
SCOPE OF SERVICES
1. Project Administration and Coordination
We coordinate the project with you and city staff throughout the course of the project.
2. Site Visit
We visit the site with you to review the project scope and confirm existing site conditions.
3. Base Map
We will utilize Google Earth/Maps images to create the AutoCAD base map for the projects. If the city
has access to GIS aerial images, we will utilize these for better detail. This should be sufficient for the
concept planning. If the project moves forward to construction documents a topographic survey will
need to be prepared.
4. Concept Presentation Plan and Cost Estimate
We will prepare a Conceptual Presentation Plan for the park site that illustrates the proposed
improvements, including walking paths, seating, native landscaping, and all identified amenities. In
addition, we will develop a detailed cost estimate covering all proposed improvements.
Both the concept plan and cost estimate will be reviewed collaboratively with you and city staff. Based
on feedback, we will make any necessary revisions to ensure alignment with project goals and
expectations.
The final deliverables will include:
• A colored Conceptual Presentation Plan in PDF format, designed for high-resolution printing on a
24" x 36" sheet
• A final cost estimate in Excel format for detailed budgeting and reference
FEE
Items 1 – 4 above . . . . . . . . . . $ 8,500
Note: City will print all plans and graphics
Upon your review of the above referenced scope of services, please sign and return this agreement to
RHA Landscape Architects-Planners, Inc. An emailed PDF copy of this agreement is sufficient.
Cordially, Authorized by:
RHA Landscape Architects-Planners, Inc. _________________________________
Doug Grove, RLA, ASLA, LEED AP Name/Title:
President By: Date:
EXHIBIT A PAGE 2 OF 4
Docusign Envelope ID: 382B5F7E-9FC8-41E9-8487-945ECDFD2B16
Rampart Street Park May 14, 2025
Orange, California
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
ATTACHMENT - 1
NORMAL HOURLY RATES
Senior Principal $230.00 per hour
Principal Landscape Architect 200.00 per hour
Project Manager 150.00 per hour
Landscape Designer 135.00 per hour
Administrative Personnel 90.00 per hour
OUTSIDE CONSULTANTS
Services of outside consultants not listed in this proposal, at our direct cost, plus 15% of the actual cost
of their services for coordination.
REIMBURSABLE EXPENSES
Reimbursable items, such as the cost of blueprinting, graphic reproduction, plotting, and photo copying,
at our direct cost plus 15%. Auto travel will be charged at .70 cents per mile.
OVERTIME REQUESTS
It is RHA’s responsibility to schedule the project’s completion under normal conditions without the use of
the staff on an overtime basis. If the Client adjusts the deadline or requests that work be completed
earlier than originally scheduled and thus requires overtime, the fees shall be adjusted to cover the
increased costs incurred by RHA. The hourly rates for overtime will be one and one-half (1-1/2) times the
hourly rates above.
CONDITIONS OF PAYMENT
We will bill on a monthly basis in proportion to the time spent on the project to date. All billing statements
are due upon receipt. Interest will be charged at the rate of 1-1/2% per month on the past due balance
thirty days and over. Due to increases in wages/benefits, fees and hourly rates are subject to an annual
increase of 6%.
NOTICE
Landscape Architects are regulated by the State of California. Any questions concerning a Landscape
Architect may be referred to: The Landscape Architects Technical Committee, 400 R Street, Suite 4000,
Sacramento, California 95814, (916) 445-4954.
EXHIBIT A PAGE 3 OF 4Docusign Envelope ID: 382B5F7E-9FC8-41E9-8487-945ECDFD2B16
Rampart Street Park May 14, 2025
Orange, California
RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
ATTACHMENT-2
ADDITIONAL SERVICES
Additional services shall be performed only when requested or approved by the Client. Compensation for
such services shall be in accordance with our Normal Hourly Rates and Reimbursable items per Attach.-1.
Additional services may include, but are not limited to:
1. Revisions or modifications to documents, drawings, or specifications when such revisions or
modifications are inconsistent with approvals or instructions previously given or are required by the
enactment or revision of codes or laws by governmental agencies having jurisdiction over the project
subsequent to the preparation of such documents, drawings, or specifications.
2. Any work requested by the City that is not heretofore mentioned.
OWNERSHIP OF DOCUMENTS
Drawings and specifications shall become the property of the Client at completion of services and
payment thereof. RHA, however, does not assume any professional responsibility or liability for use of
the drawings or specifications at any location other than this particular site. Architect will hold RHA
harmless for any error or omission arising out of the use of the drawings and specifications at any other
location and will be responsible for defending RHA from any third party actions because of such use.
INDEMNIFICATION
It is recognized and agreed that the design services provided for in this Agreement will not and cannot be
completed until all such services, including field observation services, have been performed in full by RHA.
The Client acknowledges that the inability of RHA to complete those services will significantly increase the
risk of loss resulting, among other causes, from misinterpretation of the intent of the design, unauthorized
modifications thereto, and failure to detect errors and omissions in the plans and specifications before
they become costly mistakes built into the project. Therefore, in the event that this agreement is
prematurely terminated or that RHA is otherwise precluded from completing the services set forth herein,
the Client agrees to hold harmless, indemnify, and defend RHA from and against any and all claims.
LIMITATION OF LIABILITY
The Client agrees to limit RHA’s liability to the Client and to all construction contractors and
subcontractors on the project due to RHA’s negligent acts, errors or omission, such that the total
aggregate liability of RHA shall not exceed fifty thousand dollars ($50,000.00) or the amount of RHA’s
contractual fee, whichever is greater.
TERMINATION OF AGREEMENT
This agreement may be terminated by either party upon seven (7) days written notice via registered mail,
should the other party fail substantially to perform in accordance with its terms through no fault of the
other. In the event of termination due to the fault of others, the landscape architect shall be paid his
compensation for expenses then due. If a dispute arises under this contract and litigation is instituted,
the prevailing party shall be entitled to recover its reasonable attorney fees.
EXHIBIT A PAGE 4 OF 4Docusign Envelope ID: 382B5F7E-9FC8-41E9-8487-945ECDFD2B16