City Council - Successor Agency - Housing Authority
July 19, 2022

On-Call Landscape Architect Services
City of Fullerton

EXHIBIT A

REQUEST FOR PROPOSALS

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C I T Y O F F U L L E R T O N

R E Q U E S T F O R QUALIFICATIONS

RFQ #4368 ON-CALL LANDSCAPE ARCHITECT SERVICES

SUBMIT YOUR
PROPOSAL BY 4:00 PM
ON January 18, 2022 TO:

City of Fullerton – Purchasing
Attn: Jimmy Armenta, Buyer
303 W. Commonwealth Avenue
Fullerton CA, 92832-1775

RFQ Posted: December 21, 2021
Proposals must be received by: January 18, 2022 at 4:00 PM (Pacific Time)

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Table of Contents

SECTION I NOTICE OF REQUEST FOR QUALIFICATIONS ..................................................... 3 SECTION II SCOPE OF SERVICES/SCOPE OF WORK ............................................................ 5 SECTION III INSTRUCTIONS TO PROPOSERS ....................................................................... 6 SECTION IV REQUIRED PROPOSAL CONTENT ................................................................... 12 SECTION V EVALUATION AND AWARD ................................................................................. 15 SECTION VI SAMPLE PROFESSIONAL SERVICES AGREEMENT ........................................ 17 SECTION VII STATUS OF PAST AND PRESENT CONTRACTS FORM ................................. 34 SECTION VIII EXCEPTIONS FORM ........................................................................................ 35

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SECTION I

NOTICE OF REQUEST FOR QUALIFICATIONS
On-Call Landscape Architect Services

NOTICE IS HEREBY GIVEN that the City of Fullerton is requesting qualifications from consulting firms to provide landscape architecture and related services on an on -call, as-needed basis for various City projects. The City intends to develop a “Shortlist” of c onsultant firms that will be called upon to provide services for any needed project or service within the scope of Landscape Design for a three (3) year period and may be renewed for up to an additional two (2) years (up to five years total.)

This RFQ provides information about the required scope of services, the consultant selection process, and the minimum information that must be included in the RFQ response. Qualifications will be evaluated on the basis of the best benefit to the City based on quality, service, and any other criteria set out herein including but not limited to, to the firm’s ability to meet the requirements, qualifications, and competencies set out herein.

OVERVIEW

The City anticipates that a variety of landscape architecture and related services may be needed during the next three years. The need to balance City staff resources, prioritize project needs, or urgent situations may drive the need for these on-call Consultant Services.

Examples of requests may range from small and miscellaneous design for public areas, such as park renovations, to larger and new park designs. Thorough understanding of Design Standards, Construction Specifications as well as the Americans with Disabilities (ADA) Act are expected.

Accurate cost estimates for projects will be required.

Occasional, unanticipated requests might also need immediate attention. Each Consultant shall address their capacity for immediate response in their proposal.

GOALS

The purpose of this RFQ is to develop a list containing more than one Consultant that can provide the City with on -call landscape design services on an as -needed basis. Services will include, but are not limited to, those listed in the Scope of Services provided in Section 2 of this document.

The goal of this solicitation is to create a “Shortlist” of qualified consultants that will be available for use by City staff on projects related to development with the City projects contained within the City’s Capital Improvement Program or as part of on-going City operations.

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SUBMITTAL DEADLINE

TO BE CONSIDERED, SEALED PROPOSALS MUST BE SUBMITTED NO LATER THAN JANUARY 1 8, 2022 at 4:00 PM PST to the Purchasing Division, 303 West Commonwealth Avenue, Fullerton, California, 92832. Failure of, or disturbances in any mail is not a legitimate reason fo r proposals submitted after the above due date. The City may extend the deadline at its discretion. Please see instructions in section 3 for details on how to submit.

It is not the responsibility of the City to notify potential bidders. Prospective firms shall be notified via the public purchase site at www.publicpurchase.com, in which organizations must first register as a vendor. Registration for The City of Fullerton’s eProcurement platform is free and organizations can select to be notified of all future bids posted by the City.

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SECTION II

SCOPE OF SERVICES/SCOPE OF WORK

The City is in need of professional landscape architecture services on an as -needed basis. These services include scop e of work for capital improvements, design on small and medium park projects, plan check services (if needed for Planning and Engineering), quanti ty calculation, cost estimating, drafting and other related services. Selected qualified firms shall provide on -call general landscape architectural services that may be requested by the City during the term of this agreement in a prompt, professional, an d workmanlike manner in accordance with the standards of the landscape architectural profession. The expectation is that the c onsultant(s) have sufficient in-house or subconsultant capabilities to perform the services requested. All work, unless otherwise specified, shall be performed and completed to the satisfaction of the Parks and Recreation Director within the time periods allocated, or as mutually agreed upon at the beginning of the assignment.

SERVICES TO BE FURNISHED BY CONSULTANT

1. Preparing conceptual design and redesign of parks and landscaped areas including design options, construction drawings, and cost estimate for bidding;

2. Preparing revisions and updates to previously approved park master plans;

3. Preparation of elevations and schematic design concepts for use with reports prepared by others for presentation to City Council, Parks and Recreation Commission, Park/Field user groups, neighborhood groups, school staff, etc;

4. Submit plan checks for proposed landscape improvements throughout the City;

5. Provide assistance during the construction process;

6. Attend public meetings and participate in presentations to the City Council, Parks and Recreation Commission, the public, and others as needed.

PERIOD OF AWARD

The time period for providing the required services shall be for an initial three (3) years with an option to renew for two (2) one (1) year periods for a total of five (5) years. Services are to begin approximately in January 2022.

If the City desires to extend the contract upon expiration of the initial 3 years, the City shall send a notice in writing to the vendor requesting an updated fee schedule for the optional renewal year. This process will be repeated if this City is interested in the second one ( 1) year extension.

The provisions with respect to extensions of the terms of the contract, shall be null and void if the contract has been terminated or revoked during the initial term or the extension thereof.

Contract extensions are subject to review and approval at the City’s discretion.

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SECTION III

INSTRUCTIONS TO PROPOSERS

EXAMINATION OF QUALIFICATION DOCUMENTS

By submitting qualifications, the firm(s) represents that it has thoroughly examined and become familiar with the work required under this RFQ and is capable of performing quality work to achieve the City’s objectives.

ADDENDA

Any changes to the requirements will be made by written addendum to this RFQ. Any written addenda issued pertaining to this RFQ shall be incorporated into the terms and conditions of any resulting Agreement. City will not be bound to any modifications to o r deviations from the requirements set forth in this RFQ as the result of oral instructions. Firms shall acknowledge receipt of addenda in their proposals.

If a firm discovers any ambiguity, conflict, discrepancy, omission or other error in the RFQ, the firm should immediately provide the City written notice of the problem and request that the RFQ be clarified or modified. Without disclosing the source of the request, the City may modify the documents prior to the date fixed for submission of proposals by issuing an addendum.

If prior to the date fixed for submissions, a firm(s) knows of or should have known of an error in the RFQ but fails to notify the City of the error, the firm shall submit a proposal at their own risk, and if awarded a contract, shall not be entitled to additional compensation or time by reason of the error or its later correction.

CALIFORNIA PUBLIC RECORDS ACT (CPRA)

All proposals submitted in response of this RFQ become the property of the City and under the Public Records Act (Government Code Section 6250 el. Seq.) are public record, and as such, may be subject to public review. However, the proposals shall not be disclosed until negotiations are complete and recommendation for action is made to the City Manager and/or City Council.

If a proposer claims a privilege against public disclosure for trade secret or other proprietary information, such information must be clearly identified and labeled in the proposal. Note that under California Law, price proposal to a public agency is not a trade secret.

REQUEST FOR INFORMATION

Submitting Questions

All questions must be submitted and received by the City no later than 5:00 P.M. PST on January 4, 2022.

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Request for clarifications, questions and comments must be submitted through the City’s eProcurement Portal via Public Purchase (www.publicpurchase.com), a third -party website that hosts the City’s eProcurements. Registration is free and interested firms c an select to receive automatic bid notifications from the City.

City Responses

Responses from the City will be posted on the City’s bid webpage and the City’s eProcurement Portal, Public Purchase, tentatively scheduled to be posted on January 6, 2022.

City’s bid webpage: (https://www.cityoffullerton.com/business/bids-rfps?-folder-214) City’s eProcurement Portal – Public Purchase: (www.publicpurchase.com)

City Contact

General questions regarding this RFQ are to be directed to the following:

City of Fullerton – Purchasing
Attn: Jimmy Armenta, Buyer
303 W. Commonwealth Avenue
Fullerton, CA 92832-1775
Phone: (714) 738-6533
Email: [email protected]

Any contact outside of the City staff/representative shall be cause for disqualification

SUBMISSION OF PROPOSALS

Date and Time

Proposals must be submitted at or before 4:00 PM on January 18, 2022.

Proposals received after the above specified date and time will not be accepted by the City and will be returned to the firm unopened.

How to Submit

The firm(s) shall submit one (1) completed electronic proposal on one (1) USB flash drive.

Electronic copy of the proposal must be submitted in a sealed package bearing the firm’s name and address and clearly marked as follows:

RFQ #4368 Landscape Architect Services
City of Fullerton – Purchasing
Attn: Jimmy Armenta, Buyer
303 W. Commonwealth Avenue
Fullerton CA, 92832-1775

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The firm(s) shall ensure that proposals are received by the City on or before the specified date and time. Failure to adhere to the deadline will result in disqualification.

ACCEPTANCE OF PROPOSALS

1. City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals.

2. City reserves the right to withdraw or cancel this RFQ at any time without prior notice, and th e City makes no representations that any contract will be awarded to any firm responding to this RFQ.

3. City reserves the right to postpone proposal openings for its own convenience.

4. Submitted proposals are not to be copyrighted.

5. City does not guarantee any work upon award of an agreement.

PRE-CONTRACTUAL EXPENSES

City shall not, in any event, be liable for any pre -contractual expenses incurred by firms in the preparation of its proposal. The firm(s) shall not include any such expenses as part of its proposal.

Pre-contractual expenses are defined as expenses incurred by the firm(s) in:

1. Preparing its proposal in response to this RFQ.

2. Submitting the proposal to the City.

3. Negotiating with the City any matter related to this proposal; or any other expenses incurred by the firm(s) prior to date of award, if any, of the Agreement.

JOINT OFFERS

Where two or more firms desire to submit a single proposal in response to this RFQ, they should do so on a prime-sub-consultant basis rather than as a joint venture. City intends to contract with a single firm(s) and not with multiple firms doing business as a joint venture.

EXCEPTIONS AND DEVIATIONS

The firms(s) shall enter into an agreement with the City based upon the contents of the RFQ and the firm’s proposal. A sample of the City’s standard form of agreement is included in Section VI .

The firm(s) shall carefully review the agreement, especially w ith regard to the indemnity and insurance provisions and include with the proposal a description of any exceptions, technical or contractual, requested to the standard contract. If there are exceptions or are no exceptions, a statement to the effect shall be included in the proposal as well. See the exceptions attachment included in Section VIII that must be included with your proposal.

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INSURANCE REQUIREMENTS

The consultant shall procure and maintain throughout the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the consultant, his agents, representatives, employees or subcontractors. Consultant shall provide current evi dence of the required insurance in a form acceptable to the City and shall provide replacement evidence for any required insurance which expires prior to the completion, expiration or termination of this Agreement.

Nothing in this section shall be construed as limiting in any way, the Indemnification and Hold Harmless clause contained herein within the Professional Services Agreement or the extent to which consultant may be held responsible for payments of damages to persons or property.

Minimum Scope and Limits of Insurance

a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance coverage in a form at least as broad as ISO Form #CG 00 01, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Agreement or shall be twice the required occurrence limit.
b. Business Automobile Liability Insurance. Consultant shall maintain business automobile liability insurance coverage in a form at least as broad as ISO Form # CA 00 01, with a limit of not less than $1,000,000 each accident. Such insurance shall include coverage for owned, hired and non-owned automobiles.
c. Workers’ Compensation and Employers’ Lia bility Insurance. Consultant shall maintain workers’ compensation insurance as required by the State of California and employers’ liability insurance with limits of not less than $1,000,000 each accident. d. Professional Liability Insurance. Consultant shall maintain professional liability insurance appropriate to consultant’s profession with a limit of not less than$2,000,000. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If policy is written as a “claims made” policy, the retro date of the policy shall be prior to the start of the contract work.

e. Employee/Officer Fidelity Bond. Consultant shall maintain a fidelity bond with a minimum limit of $1,000,000, providing coverage for the acts of all employees, officers and directors of consultant.

f. Cyber Liability Insurance. Consultant shall maintain cyber liability insurance coverage with a limit of not less than $2,000,000 per claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by

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Consultant in this Agreement and shall include but not be limited to claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic informatio n, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines, penalties and credit monitoring expenses with limits sufficient to respond to these obligations.

Deductibles and Self- Insured Retentions, or Similar Forms of Coverage Limitations or Modifications must be declared to and approved by the City.

Other Insurance Provisions

The required insurance policies shall contain or be endorsed to contain the following provisions:

a. Commercial General Liability. The City, its elected or appointed officials, officers, employees and volunteers are to be covered as additional insureds with respect to

liability arising out of work o r operations performed by or on behalf of consultant, including materials, parts or equipment furnished in connection with such work or operations. Such coverage as an additional insured shall not be limited to the period of time during which the consulta nt is conducting ongoing operations for the City but rather, shall continue after the completion of such operations. The coverage shall contain no special limitations on the scope of its protection afforded to the City, its officers, employees and volunteers.
b. Commercial General Liability. This insurance shall be the primary insurance as respects the City, its officers, employees and volunteers and shall apply separately to each insured against whom a suit is brought or a claim is made. Any insurance or self -insurance maintained by the City, its officers, employees and volunteers shall be excess of this insurance and shall not contribute with it.
c. Professional Liability. If the Professional Liability policy is written on a “claims made” form, consultant shall maintain similar coverage for three consecutive years following completion of the project and shall thereafter, submit annual evidence of coverage.

Additionally, consultant shall provide certified copies of the claims reporting requirements contained within the policies.
d. Workers’ Compensation and Employers’ Liability Insurance. Insurer shall waive their right of subrogation against City, its officers, employees and volunteers for work done on behalf of the City.
e. All Coverages. Each in surance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. If the consultant maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by

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the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. f. Subcontractors. Consultant shall require and verify that all subcontractor maintain insurance meeting all the requirements stated herein and consultant shall ensure that City is an additional insured on insurance required from subcontractors. g. 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.

Acceptability of Insurers

All required insurance shall be placed with insurers acceptable to the City with current BEST’S ratings of no less than A, Class VII. Workers’ compensation insurance may be placed with the California State Compensation Insurance Fund. All insurers shall be licensed by or hold admitted status in the State of California. At the sole discretion of the City, insurance provided by non-admitted or surplus carriers with a minimum BEST’S rating of no less than A- Class X may be accepted if consultant evidences the requisite need to the sole satisfaction of the City.

Verification of Coverage

Consultant shall furnish the City with certificates of insurance which bear original signatures of authorized agents and whic h reflect insurers names and addresses, policy numbers, coverage, limits, deductibles and self -insured retentions. Additionally, consultant shall furnish copies of all policy endorsements required herein. All certificates and endorsements must be received and approved by City before work commences. The City reserves the right to require at any time complete, certified copies of any or all required insurance policies and endorsements.

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SECTION IV

REQUIRED PROPOSAL CONTENT

PROPOSAL FORMAT AND CONTENT

Although no specific formatting is required by the City , this section is intended to provide guidelines to the firm(s) regarding features which the City will look for and expect to be included in the proposal.

The completed electronic proposal uploaded in one (1) USB flash drive shall be typed with a 12 point font, single spaced and submitted in a format that will print on 8 ½” x 11" size paper. Charts and schedules may be included in a format that will print on an 8 ½” x 11” size paper. The firm(s) should not include any unnecessary elaborate or promotional material. Lengthy narrative is discouraged, and presentations should be brief and concise.

LETTER OF TRANSMITTAL

The Letter of Transmittal shall be addressed to the City of Fullerton and, at a minimum, contain the following:

1. Identification of firm that will have contractual responsibility with the City.

Identification shall include legal name of company, corporate address, telephone and fax number. Include name, title, address, email and telephone number of the contact person identified during period of proposal evaluation.

2. Identification of all proposed sub- consultants (if known) including legal name of company, contact person’s name and address, phone number and fax number.

Relationship between proposer and sub-consultant if applicable.

3. Acknowledgment of receipt of all RFQ addenda, if any.

4. A statement to the effect that the proposal shall remain valid for a period of no less than 120 days from the date of submittal.

5. Signature of a person authorized to bind proposer to the terms of the proposal.

6. Signed statement attesting that all information submitted with the proposal is true and correct.

TECHNICAL PROPOSAL

Qualifications, Related Experience, and References of Proposer

This section of the proposal should establish the ability of the firm(s) to satisfactorily perform the required work by reasons of: experience in performing work of the sa me or similar nature; demonstrated experience working with other public agencies; strength and stability of the

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firm(s); staffing capability; work load; record of meeting schedules on similar contracts; and supportive client references. Most recent references preferred.

Firm to:

1. Provide an overview of the proposal (including the firm’s relevant experience), a summary of the firm’s understanding of the requested Scope of Work, and its approach to providing those services.

2. A brief description of your firm’s background, size, office locations in California, and history as it may be relevant to the services required.

3. References – Please provide at least three (3) client references for whom your firm has performed similar work as outlined in this RFQ Scope of Work during the past five (5) years. For each client, please provide the name, street address, telephone number, and email address. At this time, only contact information is required for the references.

Proposed Staffing and Organization

This section of the proposal should establish the method that will be used by the proposer to manage the contract as well as identify key personnel assigned. Proposed staffing and organization are to be presented by firm(s) identified in the Scope of Work.

Firm to:

1. Provide education, experience and applicable professional credentials of contract staff. Include applicable professional credentials of “key” contract staff.

2. Furnish brief resumes (no more than one page each) for key personnel.

3. Identify key personnel proposed to perform the work in the specified tasks and include major areas of subcontract work. Include the person's name, current location, and proposed position for this project, current assignment, and level of commitment to that assignment, availability for this assignment and how long each person has been with the firm.

4. Include an organization chart that clearly delineates communication/reporting relationships among the staff, including sub-consultants.

5. Include a statement that key personnel will be available to the extent proposed for the duration of the project, acknowledging that no person designated as "key" to the contract shall be removed or replaced without the prior written concurrence of the City.

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Detailed Work Plan

Firm(s) shall provide a narrative that addresses the scope of work and shows the firm’s understanding of City's needs and requirements.

The firm(s) shall:

1. Describe the proposed approach and work plan for completing the services specified in the Scope of Work. The description of the approach shall discuss the services in sufficient detail to demonstrate the firm’s ability to accomplish the City’s objectives.

2. Describe approach to managing resources, including a description of the role(s) of any sub -consultants, if applicable, their specific responsibilities, and how their work will be supervised. Identify methods that firm will use to ensure quality, budget, and schedule control.

Fee Proposal

Submit a rate sheet of key personnel who will be assigned to perform the services outlined in the “Scope of Work” of this RFQ. Describe how customary reimbursable expenses will be charged, including attendance at meetings in the City. Respondents verify the proposed costs are their best offer. The City may seek to enter into cost negotiations over various aspects of the fee proposal with the selected firm(s) based on the needs of the City.

Appendices

Information considered by the firm(s) to be pertinent to this contract and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Appendices should be relevant and brief.

Status of Past and Present Contracts Form

Firm(s) are required to complete and sign the form entitled “Status of Past and Present Contracts” provided in this RFQ and submit as part of the proposal. The firm shall list the status of past and present contracts where either the firm has provided services as a prime contractor or a sub -consultant during the past five ( 5) years and the contract has ended or will end in termination, settlement or litigation. A separate form shall be completed for each contract. If the contract was terminated, list the reason for termination. Firm must also identify and state the status of any litigation, claims or settlement agreements related to any of the identified contracts.

Each form must be signed by the firm confirming that the information provided is true and accurate. The firm(s) are required to submit a copy of the completed form(s) as part of the proposal.

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SECTION V

EVALUATION AND AWARD

EVALUATION CRITERIA

The City will evaluate the qualifications received based on the following criteria outlined below.

The City will not consider respondents who do not have experience in providing services outlined in the scope of work and/or who cannot clearly demonstrate to the sa tisfaction of the City their ability to satisfactorily perform the work in accordance with the requirements set forth in this request. It shall be the sole responsibility of the City to assess the qualifications and services of the firms, and the City’s de termination of the firm’s qualifications shall be final. The City may conduct discussions with respondents who submit qualifications determined reasonably acceptable of being selected for award. The City will make any changes to the RFQ requirements by addendum. Firms will sign all addenda and include addenda with proposal. Failure to attach any addenda may render the proposal non-responsive and eliminate it from consideration.

City will evaluate the qualifications received based on the following criteria:

1. Qualifications of the Firm - technical experience in performing work of a similar nature, experience working with public agencies is mandatory, strength and stability of the firm and assessment by client references.

2. Project Management Approach - qualifications of proposed key personnel, logic of organization and adequacy of labor commitment and resources to satisfactorily perform the requested services and meet the City’s needs.

3. Detailed Work Plan - thorough understanding of the City's requirements and objectives, logic, clarity, specificity and overall quality of work plan.

The City will select a firm based upon the responding firm’s qualifications and experience, together with its responses to the requests for information set forth above. None of these factors in and of themselves are determinative, and the City reserves the right to select a firm on any basis in the best interests of the City. The City may contact firms in response to questions raised in their proposals and the City reserves the right to cancel this solicitation without selecting any firms.

After evaluating submittals, the City, at its sole discretion, may elect to interview all, some or none of the firms. The interview will help to clarify each proposal, approach a nd qualifications for the scope of work. The City may ask firms to submit additional documentation at or after the interview stage. Based upon the interview and evaluation of the proposals, staff will recommend the top-ranked firms to the City Manager and/or City Council (if necessary). In addition, the City reserves the right to select a proposal without conducting interviews or abandon this RFQ. Final selection of firms and authority awarding the contract to proceed with these services shall be at the sole discretion of the City and if required, City Council.

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EVALUATION PROCEDURE

An Evaluation Committee will review all proposals. The committee will be comprised of City staff and may include outside consultants. The City of Fullerton reserves the right to request clarification of additional information from any firm at any time. The committee will recommend to the City Manager the firm(s) whose proposal is most advantageous to the City of Fullerton. If required, the City Manager will then forward its reco mmendation to the City Council for final action.

AWARD

The City of Fullerton may negotiate contract terms with the selected firm s prior to award and expressly reserves the right to negotiate with several firms simultaneously. However, since the selection and award may be made without discussion with any firm , the proposal submitted should contain firm's most favorable terms and conditions.

City Manager and/or City Council action will be requested by City staff to award contract to the selected firm(s).

NOTIFICATION OF AWARD

Firms who submit a proposal in response to this RFQ shall be notified regarding the firms awarded a contr act. Such notification shall be made within seven (7) days of the date the contract is awarded. Notification of Intent to Award will be emailed to firms who submitted a proposal and will also be available on the City’s bid webpage (
https://www.cityoffullerton.com/business/bids-
rfps?-folder-214) and on the City’s eProcurement platform (www.publicpurchase.com).

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SECTION VI

SAMPLE PROFESSIONAL SERVICES AGREEMENT

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CITY OF FULLERTON

PROFESSIONAL SERVICES AGREEMENT
WITH
[VENDOR/CONSULTANT BUSINESS NAME]

THIS AGREEMENT is made and entered into this __ day of [MONTH, YEAR] (“Effective Date”), by and between the CITY OF FULLERTON, a California municipal corporation (“City”), and [VENDOR/CONSULTANT BUSINESS NAME], a [California corporation] (“Consultant”).

W I T N E S S E T H :

A. City proposes to utilize the services of Consultant as an independent contractor to provide certain [ INSERT BRIEF DESCRIPTION OF SCOPE OF SERVICE] services, as more fully described herein.

B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated.

C. City and Consultant desire to contract for the specific services described herein, and desire to set forth their rights, duties and liabilities in connection with the services to be performed.

D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the [Services & Fees Schedule attached hereto as Exhibit “A”] and incorporated herein by this reference.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect

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Consultant’s performance of this Agreement.

1.3. Performance to Satisfaction of City . Consultant agrees to perform all the work to the reasonable satisfaction of the City, in accordance with the applicable professional standard of care and City specifications and within the hereinafter specified. Evaluations of the work will be done by the City Manager or his designee. If the quality of work is not satisfactory, City in its discretion has the right to:

(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;

(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or

(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable and non conflicting Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant t o Section 12940 of the Government Code.

1.6. Non-Exclusive Agreement . Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employ ees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties

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set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.

1.8. Confidentiality. Employees of Cons ultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the [fee schedule set forth in Exhibit A].

2.2. Additional Services. Consultant may perform the [additional services described in Exhibit “B”] attached hereto and incorporated herein by this reference if specifically engaged to do so by City. Consultant shall not receive compensation for any services provided outside the scope of services specified in [Exhibit A] unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within fourty-five (45) days from the date City receives said invoice.

Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date of this Agreement until three (3) years after the termination date.

2.5. W-9. Consultant must provide City with a current W -9 form prior to the

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commencement of work under this Agreement. It is the Consultant’s responsibility to provide to the City any revised or updated W-9 form during the term of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work . The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue through [ INSERT TERMINATION DATE (i.e. December 31, 2020) ], unless terminated as provided herein.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.

The termination of this Agreement shal l be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4.3. Compensation. In the event of termi nation, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

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4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Insurance Required . Consultant shall procure and maintain throughout the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees or subcontractors. Consultant shall provide current evidence of the required insurance in a form acceptable to City and shall provide replacement evidence for any required insurance which expires prior to the completion, expiration, or termination of this Agreement.

Nothing in this section shall be construed as limiting in any way, the Indemnification and Hold Harmless clause contained herein in Section 6.8 or the extent to which Consultant may be held responsible for payments of damages to persons or property.

5.2. Minimum Scope and Limits of Insurance.

A. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance coverage in a form at least as broad as ISO Form #CG 00 01, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Agreement or shall be twice the required occurrence limit.

B. Business Automobile Liability Insurance. Consultant shall maintain business automobile liability insurance coverage in a form at least as broad as ISO Form # CA 00 01, with a limit of not less than $1,000,000 each accident. Such insurance shall include coverage for owned, hired and non-owned automobiles.

C. Workers’ Compensation and Employers’ Liability Insurance. Consultant shall maintain workers’ compensation insurance as required by the State of California and employers’ liability insurance with limits of not less than $1,000,000 each accident.

D. Professional Liability Insurance. Consultant shall maintain professional liability insurance appropriate to Consultant ’s profession with a limit of not less than $2,000,000.

Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If policy is written as a “claims made” policy, the retro date of the policy shall be prior to the start of the contract work.

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E. Employee/Officer Fidelity Bond. Consultant shall maintain a fidelity bond with a minimum limit of $1,000,000, providing coverage for the acts of all employees, officers and directors of Consultant.

F. Cyber Liability Insurance. Consultant shall maintain cyber liability insurance coverage with a limit of not less than $2,000,000 per claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this Agreement and shall include but not be limited to claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security.

The policy shall provide coverage for breach response costs as well as regulatory fines, penalties and credit monitoring expenses with limits sufficient to respond to these obligations.

5.3. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to and approved by City.

5.4. Other Insurance Provisions. The required insurance policies shall contain or be endorsed to contain the following provisions:

A. Commercial General Liability. City, its elected or appointed officials, officers, employees and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Consultant, includi ng materials, parts or equipment furnished in connection with such work or operations. Such coverage as an additional insured shall not be limited to the period of time during which Consultant is conducting ongoing operations for City but rather, shall continue after the completion of such operations. The coverage shall contain no special limitations on the scope of its protection afforded to City, its officers, employees and volunteers.

B. Commercial General Liability. This insurance shall be primary insurance as respects City, its officers, employees and volunteers and shall apply separately to each insured against whom a suit is brought or a claim is made. Any insurance or self -insurance maintained by City, its officers, employees and volunteers shall be excess of this insurance and shall not contribute with it.

C. Professional Liability. If the Professional Liability policy is written on a “claims made” form, the Retroactive Date must be shown and must be before the date of the contract or beginning of contract work. The insurance must be maintained and evidence of insurance must be provided for at least (5) years after completion of the contract work. If the 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 work.

D. Workers’ Compensation and Employers’ Liability Insurance. Insurer shall waive their right of subrogation against City, its officers, employees and volunteers for work done on behalf of City.

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E. Employee/Officer Fidelity Bond, City shall be named as third party beneficiary for losses arising from work done on behalf of City.

F. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to City.

If Consultant maintains higher limits or has broader coverage than the minimums shown above, City requires and shall be entitled to all coverage, and to the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

G. 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 subconsultants.

H. 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.

5.5 Acceptability of Insurers . All required insurance shall be placed with insurers acceptable to City with current BEST’S ratings of no less than A, Class VII. Workers’ compensation insurance may be placed with the California State Compensation Insurance Fund.

All insurers shall be licensed by or hold admitted status in the State of California. At the sole discretion of City, insurance provided by non-admitted or surplus carriers with a minimum BEST’S rating of no less than A- Class X may be accepted if Consultant evidences the requisite need to the sole satisfaction of City.

5.6 Verification of Coverage. Consultant shall furnish City with certificates of insurance which bear original signatures of authorized agents and which reflect insurers names and addresses, policy numbers, coverage, limits, deductibles and self -insured retentions.

Additionally, Co nsultant shall furnish copies of all policy endorsements required herein. All certificates and endorsements must be received and approved by City before work commences.

City reserves the right to require at any time complete, certified copies of any or all required insurance policies and endorsements.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

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6.2. Representatives. The City Manager or his designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

[VENDOR/CONSULTANT NAME]
[MAILING ADDRESS]
Attn: [NAME AND TITLE]

City of Fullerton
303 W. Commonwealth Ave.

Fullerton, CA 92832
Attn: [NAME AND TITLE]

6.5. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the

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laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless . To the fullest extent of the law, Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents, and employees, at Consultant’s sole expense, from and against claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the professional services undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, and employees based upon the work performed by Consultant, its employees, and/or authorized subcontractors under this Agr eement, whether or not Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints, or suits arising out of the sole negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of

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Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harm less City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shal l not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents . All findings, reports, CAD drawings, documents, information and data, including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made avai lable to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files, audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which

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Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.15. Responsibility for Errors. Consultant shall be responsible for its work under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, without prejudice to any other remedy to which City may be entitled to at law or equity, Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. In addition, Consultant shall reimburse City for any and all costs, expenses and/or damages, if any, that the City has incurred due to the aforementioned error or omission.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

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6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF FULLERTON

__________________________________ Date: __________________________ City Manager

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CONSULTANT

__________________________________ Date: __________________________ [NAME AND TITLE]

__________________________________
Social Security or Taxpayer ID Number

APPROVED AS TO FORM:

__________________________________
Richard D. Jones, City Attorney

EXHIBIT A

SERVICES & FEES

EXHIBIT B

ADDITIONAL SERVICES & FEES

EXHIBIT C

CERTIFICATES OF INSURANCE

SECTION VII

STATUS OF PAST AND PRESENT CONTRACT FORM

The firm is required to complete and sign the form entitled “Status of Past and Present Contracts” provided in this RFQ and submit as part of the proposal. The firm shall list the status of past and present contracts where either the firm has provided services as a prime contractor or a sub - consultant during the past 5 years and the contract has ended or will end in termination, settlement or litigation. A separate form shall be completed for each contract. If the contract was terminated, list the reason for termination. The firm must also identify and state the status of any litigatio n, claims or settlement agreements related to any of the identified contracts. Each form must be signed by the firm confirming that the information provided is true and accurate. The firm is required to submit a copy of the completed form(s) as part of the electronic proposal on the one (1) USB flash drive requested.

By signing this Form entitled “Status of Past and Present Contracts,” I am affirming that all of the information provided is true and accurate.

Signature: ________________________________ Date: ___________________________

Name: ___________________________________

Title: ____________________________________

Public Agency city/county/other:

Contact Name: Phone:

Project Award Date: Original Contract Value:

Term of Contract:
1) Status of Contract:
2) Identify claims / litigation or settlements associated with the contract:

SECTION VIII

EXCEPTIONS FORM

If your company is taking exception to any of the specifications, terms or conditions (including insurance indemnification and/or proposed contract language) stated in this Request for Qualifications, please indicate below and describe details: (check any that apply). _____ No exceptions taken
_____ Exception taken to the scope of work or specifications _____ Exception taken to indemnification and insurance requirements _____ Exception to proposed contract language
_____ Other

Please explain any of the checked items
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

PROPOSING FIRM: ___________________________________________ DATE: ____________

BUSINESS ADDRESS: _________________________________________________________

SIGNATURE OF REPRESENTATIVE: _____________________________________________

BY: _____________________________________ TITLE: ______________________________

INSTRUCTION REGARDING SIGNATURE: If the firm is an individual, state "Sole Owner" after signature. If the firm is a partnership, signature must be by a general partner, so stated after "Title".

Names of all other partners and their business addresses must be shown below. If the firm is a corporation, signature must be by an authorized officer, so stated after "Title", and the na mes of the President and Secretary and their business addresses must be shown below:

On-Call Landscape Architect Services
City of Fullerton

EXHIBIT B
CONSULTANT’S PROPOSAL

PROPOSAL

ON-CALL LANDSCAPE ARCHITECT SERVICES
RFP # 4368

CITY OF FULLERTON

PURCHASING

RFQ Due Date: January 18, 2022

Attn: Jimmy Armenta, Buyer
303 W. Commonwealth Ave.

Fullerton, CA 92832-1775

Submitted by:

Landscape Architecture Planning Urban Design

3185-C Airway Avenue Costa Mesa, CA USA 92626 +1 714 545 2898 www.bgb-inc.com

January 18, 2022

BGB Design Group is pleased to submit our qualifications for On-Call Services to the City of Fullerton. Our firm was founded in 1979 by Senior Principal Bob Borthwick and was incorporated in 1998 to include Principal Arthur Guy. Mr. Guy is now the president of BGB Design Group, assisted by Principal Jeff Kraus, with continuing support from founding principal Bob Borthwick.

BGB is located in Costa Mesa, and currently employs a staff of eight (8) persons. We have a balanced workload of both public and private sector projects. BGB has a long track record of public agency clients throughout southern California, including the cities of Avalon, San Pedro, Rancho Santa Margarita, Redondo Beach, La Mirada, San Clemente, Dana Point, Laguna Beach, Costa Mesa, Anaheim, Fullerton, and the Orange County Sanitation District, among others.

For public projects we have extensive experience in designing streetscapes and medians, parks, open spaces, trails, and other public facilities. We have received professional awards for projects such as the Avalon Downtown Waterfront (Catalina Island), the 2.4-mile San Clemente Beach Trail, and the Redondo Beach Esplanade.

BGB has been recognized by Metropolitan Water District for knowledge and promotion of the “California-Friendly” plant palette, and we are on the leading edge of native plant and adapted drought-tolerant species utilization. We understand and appreciate the role that landscape architects play in the evolving science of landscape sustainability.

Additionally, in a supporting (as needed) role, Water Management Group can assist BGB in site specific irrigation related technologies for drone imagery data collection, water management planning, GPS and irrigation distribution coverage scoring.

As an On-Call Landscape Architectural Consultant for other cities, we understand that all projects will be different. For each project, our Scope of Work will be mutually determined by City Staff and BGB to achieve maximum public benefit and project efficiency. As a mid-size firm, we offer direct principal-level design, construction documentation, and management of each project.

We look forward to continuing our working relationship with the City of Fullerton as an On-Call Landscape Architectural firm.

Sincerely,

Arthur Guy, ASLA
President

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COMPANY DATA

1. Firm: BGB Design Group
3185 – C1 Airway Avenue
Costa Mesa, CA 92626

2. Point of Contact: Arthur Guy, 3185-C1 Airway Avenue, Costa Mesa, CA 92626 Phone: (714) 545-2898, Cell (949) 246-0460 E-mail: [email protected]

3. Entity: California S Corp, established January 1998.

4. Federal Employer I.D. Number: 33-0783905

5. Department of Industrial Relations (DIR): PWCR #1000020720

6. DUNN: #800393113

7. Contact locations: BGB Design Group has only one office location, as specified in #1 and #2 above.

8. Ownership: BGB Design Group is owned by Arthur D. Guy (70%) and Jeffrey Kraus (30%).

9. Years in Business: BGB Design Group, Inc. was established as a California “S” Corporation on January 1, 1998, 23 years ago. (Previous names: Borthwick Guy Thibault, Inc., Borthwick Guy Bettenhausen, Inc.)

10. Founding principal Bob Borthwick has a total of 52 years of professional experience. President Arthur Guy has a total of 43 years of professional experience.

11. Failures of Refusals to complete a contract: None

12. No outside individuals/firms own any interest in BGB Design Group.

13. BGB Design Group has no financial interests in other lines of business.

14. Claims History: A “slip and fall” claim was filed against the City of San Clemente and BGB following completion of the Railroad Corridor Beach Trail Project. This claim was dismissed in a summary judgment by the court in favor of defendant (BGB) in 2012. This is the only claim filed against BGB in its 24-year history.

15. Litigation History: Not applicable (none). See #12 above.

16. Termination of Contract History: Not applicable (none).

17. Insurance: BGB meets the minimum insurance requirements required by the city.

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QUALIFICATIONS

BGB Design Group is a Landscape Architectural, Planning, and Urban Design firm specializing in streetscapes, parks, trails, civic buildings, and related public projects.

Public projects include the Yorba Linda Town Center, the Esplanade in Redondo Beach, Avalon Waterfront Urban Design Plan on Catalina Island, the San Clemente Railroad Corridor Pedestrian Beach Trail, OCSD Plant No. 2 in Huntington Beach, Maxwell Park and Haskett Library in Anaheim, Hobie Park in Newport Beach, Ketchum- Libolt Park and Tewinkle Athletic Complex in Costa Mesa, and Del Obispo Park Renovation in Dana Point among others.

Related open space and environmental projects include Aliso Creek Corridor Master Plan, Laguna Creek Restoration, Hiltscher Trail and Bud Turner Trail in Fullerton, and the Kern River Upland restoration project in Bakersfield.

In 2017, BGB completed the Landscape Element of the Laguna Beach General Plan and the Landscape and Scenic Highways Resource Document which was given the APA Award of Excellence. These Master-Planning projects outlined urban design, planting, sustainability, and related goals and policies for the city.

We are experienced in facilitating community presentations and workshops to gather public input and to achieve consensus on planning and design decisions.

BGB has been retained by the cities of Anaheim, Fullerton, Gardena, and Newport Beach as “on-call” landscape architects.

With over 24 years as a California “S” Corporation, we have retained a long term and experienced staff and consistent workload that is balanced between public and private developer projects. Over 80% of our work is from long-term and repeat clients, which demonstrates our ability to meet deadlines and budgets, as well as providing quality professional services and award-winning projects.

Avalon, CA: ASLA National Centennial Award-Downtown Waterfront Urban Plan

4 | Page

REFERENCES

Pamela Galera, Director of Parks, Recreation and Community Services

CITY OF RIVERSIDE
(Formerly Parks Manager for City of Anaheim)
951.826.2075
[email protected]

Naomi Gruenthal, Park Planner
Project Manager: Olive Hills Dog Park, Anaheim

CITY OF ANAHEIM
714.765.4465
[email protected]
Services: Parks

Rick Yee, Assistant City Engineer

CITY OF YORBA LINDA
714.961.7100
[email protected]

Services: Streetscapes

Kevin Kwak, PE, Principal Civil Engineer

CITY OF GARDENA
310.217.9643
[email protected]

Services: Park Master Planning

RELATED EXPERIENCE – Past 5 years (partial list)

1. Pacific Coast Highway / N. El Camino Real Class I Bicycle Trail:

Client: City of San Clemente
Description: Provided design and construction documents for a one-mile length of El Camino Real (State Hwy. 1) Class I Bicycle Trail. Landscape improvements included a continuous planted median strip separating bicycles / pedestrians and motor vehicles. Location extended from Avenida Pico to Camino Capistrano at northern City limits.

BGB Project Manager: Art Guy
Cost of Construction: $600k
Size of Project:1.5-mile streetscape
Date: Completed 2017
Client Reference: Tom Frank, Transportation Engineering Manager (949) 361-6127

2. Jamboree Road Median Island Refurbishment:

Client: City of Newport Beach
Description: Provided landscape plans for median island turf replacement project, form University Drive to Ford Road using drought-tolerant plantings.

BGB Project Manager: Art Guy
Cost of Construction: $562 k
Size of Project: One-mile median
Date Completed: 2019
Client Reference: Mike Sinacori, P.E., Assistant City Engineer (949) 644-3342 5 | Page

3. P2-96 / J-110 Santa Ana River Landscape Enhancement Project:

Client: Orange County Sanitation District
Description: Project consisted of re-establishing a large swath of buffer landscape area previously used for construction staging within Plant No. 2. The California native landscape is intended to help provide screening from the adjacent Santa Ana River Trail.

BGB Project Manager: Art Guy
Cost of Construction: $300 K
Size of Project: 3-acres
Date Completed: 2017
Client Reference: Andy DaSilva, Resident Engineer OCSD (714) 593-7891

4. Olive Hills Off-Leash Dog Park:

Client: City of Anaheim
Description: Provided master plan and construction documents to convert fallow land to a large and small dog exercise area. Site improvements included permeable pavement for parking lot extension, synthetic turf in addition to decomposed granite dog runs, restroom, native landscape and other WQMP BMP’s.

BGB Project Manager: Art Guy
Cost of Construction: $1.3 M
Size of Project: 1.3- acres
Date Completed: 2016
Client Reference: Naomi Gruenthal, Parks Planner (714) 765-4465

5. Oak Canyon Nature Center:

Client: City of Anaheim
Description: Renovation and additions to existing 58-acre natural preserve, including exhibit areas, interpretive signage, amphitheater improvements, and ADA accessibility.

BGB Project Manager: Art Guy
Cost of Construction: $500 k budget
Size of Project: 58-acres
Date Completed: Anticipated 2022
Client Reference: Naomi Gruenthal, Parks Planner (714) 765-4465

6. Juliana Park:

Client: City of Anaheim
Description: Complete renovation of an existing park site which included new basketball court, tot lot, shade structure, multi-use turf play, picnic / BBQ and native plantings.

BGB Project Manager: Art Guy
Cost of Construction: $800 k
Size of Project: .4-acre
Date Completed: 2020
Client Reference: Naomi Gruenthal, Parks Planner (714) 765-4465

6 | Page

7. Ole Hanson Beach Club:

Client: City of San Clemente
Description: Complete landscape renovation of the 1930’s era historic Beach Club into a community recreation center. Use of recycled irrigation water, ornamental native and succulent plantings in a historical context.

BGB Project Manager: Art Guy
Cost of Construction: $200 k
Size of Project: 3 - Acre
Date Completed: 2017
Client Reference: Amir Ilkhanipour, Senior Civil Engineer (949) 361-6140

8. Rolling Hills Park:

Client: City of Fullerton
Description: Renovation of existing tot lot structure, addition of restroom and 17-stall parking lot, ADA accessibility and complete landscape and irrigation restoration BGB Project Manager: Art Guy
Cost of Construction: $1.5 M
Size of Project: 5-acre Park Renovation
Date Completed: 2021
Client Reference: Alice Loya, Acting Parks Director, (714) 723-5798

9. Woodcrest Park:

Client: City of Fullerton
Description: This project involves a major renovation to an existing city park, including parking areas, play and fitness facilities, picnic areas, and new restroom.

BGB Project Manager: Art Guy
Cost of Construction: $2 M
Size of Project: 5-acre
Date Completed: 2019
Client Reference: Alice Loya, Acting Parks Director, (714) 723-5798

10. Barton Park:

Client: City of Anaheim
Description: Complete renovation of an existing park site which included new restroom, tot lot, jogging trail, ballfields, irrigation system and native plantings for a turf reduction program.

BGB Project Manager: Art Guy
Cost of Construction: $1.1 m
Size of Project: .5-acre
Date Completed: 2020
Client Reference: Naomi Gruenthal, Parks Planner (714) 765-4465

7 | Page

STAFFING and ORGANIZATION
* Resume provided: “key project personnel” will be available for the duration of the project, acknowledging that no person designated as “key” to the contract shall be removed or replaced without prior written concurrence of the City.

1. Arthur Guy, President (Primary Contact) *
BS Landscape Architecture Cal Poly Pomona, 1978
Licensed Landscape Architect #2214

2. Robert Borthwick, Senior Principal *
BS Landscape Architecture Cal Poly Pomona, 1969
Licensed Landscape Architect #1354

3. Jeff Kraus, Principal
BS Landscape Architecture Cal Poly Pomona, 1996

4. Nicole Nguyen, Project Manager / Job Captain *
BS Landscape Architecture Cal Poly Pomona, 2016

5. Celerino Villa, Job Captain / Designer
BS Landscape Architecture Cal Poly Pomona, 2011

6. Tony Escario, Landscape Designer
BS Landscape Architecture Cal Poly Pomona, 1999

7. Nayon Kim, Landscape Designer
BS Landscape Architecture Cal Poly Pomona, 2019

8. Stephanie Satterlee, Office Manager

8 | Page

RESUMES OF KEY PERSONNEL
Name: Arthur Guy, ASLA
Position: Principal / Sr. Project Manager
Education: BS Landscape Architecture, Cal Poly Pomona, 1978 Years with BGB: 24
Summary of Experience: Mr. Guy served as designer and Principal-in-Charge in addition to providing project management for the following recent select public projects:

Oak Canyon Nature Center, City of Anaheim, 2020 – present Prime consult preparing ADA accessibility and learning lab exhibits, decks, ramps and interpretative signage for a rustic nature setting.

Pearl Park, City of Fullerton, 2021
Prime consultant for new ½-acre neighborhood park in a former vacant lot that includes, tot lot / granite sett climbing mounds, basketball court, and picnic area with sail shade structure, funded by State Parks Prop 68.

Julianna Park, City of Anaheim, 2021
Prime consultant for ¾ acre neighborhood park renovation including, basketball court, exercise stations, picnic / BBQ, shade structure and multi-use turf area.

Pacific Coast Highway Median Improvements, City of Newport Beach, 2020 As on-call consultant for the City, prepared design documents for a one-mile reach of PCH, west of Newport Blvd including complete landscape and irrigation renovation.

Yorba Linda Town Center, City of Yorba Linda, 2019
As sub-consultant to Harris & Associates, provided the landscape, hardscape and amenity design documents for the Historical Main Street. In 2020, project was awarded ASCE Historical Renovation Award.

Jamboree Road Median Turf Replacement, City of Newport Beach, 2019 As on-call consultant for the City, prepared design documents for a one-mile reach of Jamboree Rd. from Ford Rd. to University Dr., partially funded through a MWD turf reduction program. Existing trees were retained, supplemented with drought tolerant gateway understory landscape and complete irrigation renovation.

El Camino Real Bike Trail, City of San Clemente, 2017
This Class IV, 1.5-mile Bikeway segment connects to Dana Point and completes a near 15-year construction span, with a continuous north/south City bikeway, that commenced with BGB’s involvement with the 2.5 -mile coastal trail within the railroad R.O.W. El Camino Real segment separates pedestrians/bikers from vehicular travel with low maintenance succulent and rockscape design and subterranean irrigation.

Professional Registrations: Registered Landscape Architect California #2214, Registered Landscape Architect Nevada #488

Professional Memberships: American Society of Landscape Architects – Full Member.

Irrigation Association – Full Member

Special Training: Certified Landscape Irrigation Auditor #81986

9 | Page

Name: Robert Borthwick, ASLA
Position: Senior Principal
Education: BS Landscape Architecture, Cal Poly Pomona, 1969 Summary of Experience: As founding principal of BGB Design Group in 1998, Bob Borthwick brings decades of experience to the firm. He has received numerous professional awards and provides design oversight to the firm. A brief list of representative projects follows:

Avalon Waterfront Urban Design Plan – City of Avalon, Catalina Island, CA Refurbishment of Avalon’s entire downtown waterfront area. The completed project included creating new “pedestrian-only” streets, plazas, and restoration/enhancement of paving, decorative walls, fountains and historical artwork. Bob led the design for the project and facilitated all public workshops and presentations. The project received design awards from SCC/ASLA, the Los Angeles Business Council, and the Centennial Award from ASLA/National.

Laguna Beach Landscape & Scenic Highways Resource Document/General Plan Worked with Council-appointed Task Group and city staff to prepare an inventory of architectural and landscape features in approximately 35 neighborhoods and districts, and provided design recommendations to identify and preserve the visual character of each district and the city’s scenic highways. Received American Planning Association and SCC/ASLA awards.

Fullerton Multi-Use Trails
BGB completed planning design for a series of local/regional multi-use trails in Fullerton.

Projects included Hiltscher Trail, Bud Turner (Laguna Lakes) Trail. User-groups included pedestrians, bicyclists, and equestrians. Features included bridges, seating/picnic areas, and native landscaping. Bob Borthwick managed these projects and led all public workshops.

Certifications: Lifetime Instructor Credential – California Community Colleges

Professional Registration: Registered Landscape Architect #1354

Professional Memberships: American Society of Landscape Architects – Full Member.

Teaching Experience: University of California, Irvine. Extension Professor of Landscape Architecture.

Professional Leadership:
• Chair, Cal Pomona Landscape Architecture Advisory Board • Foundation for Sustainability & Innovation: Board of Directors • Visiting Guest Lecturer/Critic: USC Graduate School of Architecture, Cal Poly Pomona, UCLA Landscape Architecture Extension Program • View Restoration Advisory Committee – City of Laguna Beach • Laguna Greenbelt: Board of Directors
10 | Page

Name: Nicole Nguyen, ASLA
Position: Project Manager / Job Captain
Education: BS Landscape Architecture, Cal Poly Pomona, 2016 Years with BGB: 5
Summary of Experience: Nicole Nguyen received her A.A. degree from Irvine Valley College in 2012 in Social and Behavioral Sciences. She transferred to Cal Poly Pomona and received her B.S. degree in Landscape Architecture from Cal Poly Pomona in 2016.

As a graduating student, Nicole received the prestigious Howard O. Boltz Memorial Award, the 2016 ASLA Student Honor Award, and the 2015 Don Brinkerhoff Scholarship.

She was a Student Teaching Assistant in studio classes for design professors.

Assistant Project Manager / Job Captain responsibilities were provided by Nicole Nguyen on the following projects (selected list):

Julianna Park, City of Anaheim, 2021
Prime consultant for ¾ acre neighborhood park renovation including, basketball court, exercise stations, picnic / BBQ, shade structure and multi-use turf area.

Oak Canyon Nature Center, City of Anaheim, 2020 – present Prime consult preparing ADA accessibility and learning lab exhibits, decks, ramps and interpretative signage for a rustic nature setting.

Pacific Coast Highway Median Improvements, City of Newport Beach, 2020 As on-call consultant for the City, prepared design documents for a one-mile reach of PCH, west of Newport Blvd including complete landscape and irrigation renovation.

Yorba Linda Town Center, City of Yorba Linda, 2019
As sub-consultant to Harris & Associates, provided the landscape, hardscape and amenity design documents for the Historical Main Street. In 2020, project was awarded ASCE Historical Renovation Award.

West Pacific Coast Hwy. Streetscapes, City of Newport Beach, 2019 Provided landscape plans for parkways and median islands for Phase I improvements from Santa Ana River Jetty to OCSD Pump Station
Crystal Cove Historic District, State of California, 2022 Provided pedestrian hardscape and landscape plans for Phase III of the site reconstruction. This project is on the National Register of Historic Places, and includes forty-six beach cottages from the 1920’s and 30’s.

Professional Membership: American Society of Landscape Architects (former Chapter Executive Board);

Professional Recognition: Cal Poly Pomona Professional Advisory Board – Secretary.

11 | Page

WATER MANAGEMENT GROUP SUB-CONSULTANT

Name: Geza Kisch
Position: Principal
Education: Received a BS degree from the Hungarian Horticultural University in Gyongyos, Hungary, in 1973. Mr. Kisch received an irrigation engineering minor from California State Polytechnic University, Pomona 1982 while conducting graduate studies in Agricultural Engineering and Landscape Irrigation.

Summary of Experience:

Geza Kisch founded Water Management Group in 1988 to manage water resources for large-scale water users such as municipalities, water districts, master planned communities and golf courses. Mr. Kisch has been involved in water management, as well as agricultural and landscape irrigation research and applications. He is responsible for all company operations, directing Irrigation Master Planning, design, construction documentation, and construction observation of irrigation systems worldwide. Kisch also consults with many major irrigation manufacturers for product development.

Mr. Kisch is a member of the American Society of Irrigation Consultants (ASIC), the American Society of Agricultural Engineers, and was the President of the ASIC Southern California Chapter 1991-1992. Mr. Kisch is a member of the Irrigation Association (IA) and is an IA Certified Irrigation Designer and Water Auditor.

Mr. Kisch is also a founding Principal of Green World Solutions a sister company specializing in GIS based landscape technologies.

Relevant project experience includes:

• City of Irvine / IRWD – Dove Creek Park Irrigation efficiency improvement • Lake Las Vegas portfolio additions – Irrigation Master Plan, design observation and management for hotels, film studio, lake shore,
• City of Colon - Irrigation efficiency improvement
• Huntington Library: Conducted GPS water audits utilizing PlanCheckPro software; provided recommendations for landscape irrigation water conservation measures.
• Tesoro Del Valle Master Planned Community: Irrigation Analysis and Planning • Vellano Community and Country Club, Chino Hills: Irrigation Master Plan, Construction Documentation, Construction Observation and Water Auditing services for Greg Norman golf course and 600-acre residential community, landscaped extensively in California native plants.
• Tejon Ranch, California: Community Irrigation Master Plan and Design. • Inland Empire Utilities Agency (IEUA): Irrigation system GIS/GPS audit for 150 parks and golf course and complete water distribution analysis.

Previous project assistance with BGB Design Group:
• Rolling Hills Park, City of Fullerton- GPS As-builts and Distribution Efficiency • Barton Park, City of Anaheim- GPS As-builts and Distribution Efficiency • Pioneer Park, City of Anaheim- GPS as-built
• Edison Park, City of Anaheim- GPS As-built
12 | Page

WORK PLAN

BGB has completed several projects over the years for the City of Fullerton. Each project had its own intrinsic program that BGB navigated to develop thoughtful, and community-based designs. As always, a “lessons learned” approach will be used for future endeavors that builds on prior work to best address the needs of the community, working in concert with city staff. As each project is unique, scope and service will vary.

BGB has professional strengths in all aspects of landscape architecture. For irrigation, we have a Certified Water Auditor on-staff to review our irrigation plans and coordinate the preparation of water-use calculations and field auditing if/as necessary. BGB utilizes Land F/X software as a 3
rd party overlay to AutoCAD 2015 which provides
continuous manufacturer updates to irrigation projects, nursery stocks, etc. Software provides hydrologic calculations and quantity takeoff’s at every stage of a project for budgetary control. BGB has customized scheduling for irrigation to comply with the current AB 1881 1.216 requirements to meet water conservation guidelines. As BGB provides in-house irrigation design; coordination between landscape and irrigation system hydrozones during design is transparent. Each staff member is proficient in landscape and irrigation design to be aware of potential conflicts during the design process.

Typical services are performed for most public work as follows:

A. Project Coordination: Principal level project management is provided to coordinate work with staff and sub-consultants.

B. Records Research: Each discipline will request appropriate documentation from the various departments and outside agencies.

C. Preliminary Design: BGB will help facilitate schematic through preliminary design based upon the program set forth by the city as appropriate for public presentation and / or community input.

D. Meetings / Public Outreach: BGB is experienced on public outreach and may provide bi-lingual communication in Spanish and Vietnamese.

E. Survey: Most projects require updated or new topographical survey. BGB prefers to utilize KDM Meridian as an independent survey firm, unless those services are fulfilled within a sub-consulting civil firm at the discretion of the city.

F. Geotechnical Services: Depending upon the nature of the project, at the request of the city, BGB has engaged several local geotechnical firms to provide project specific analysis for grading, foundations, footings and pavement sections.

G. Traffic Analysis: On an as-needed basis at the direction of the city, infill projects may require levels of analysis to determine effects of parking and / or traffic on redevelopment. Although projects in the past primarily utilized the W.A.T.C.H.

Manual, our preferred consultant Elias Transportation (Elias Garcia formerly worked under Mark Miller, Fullerton Traffic Engineer) may prepare TCP’s at the behest of the City.

13 | Page

H. Utility Coordination: Typically, our civil and / or electrical sub-consulting firms address utility agency coordination for water, gas, sewer, storm drain, telephone, and electrical services.

I. Water Quality: As with all projects, WQMP issues must be addressed depending on the impact of development. BGB works directly with our civil and geotechnical engineer(s) to map out preferred solutions with offer the most beneficial result for the city aesthetically and economically meeting the agency requirements.

J. Renderings: If / as needed for community presentation, BGB offers any level of 3D photo-simulation renderings at the request of the city.

K. Landscape Construction Documentation: As with all projects, BGB offers 100% in-house execution of landscape and irrigation design and construction documentation. As with the status of climate change and state mandated water conservation goals, BGB is an industry leader in irrigation design. Water Management Group provides support services with GPS survey of existing park irrigation systems and offers proprietary software evaluation of the water distribution analysis for irrigation systems. This service helps the city understand with visual analysis how efficient existing park sites are to enable constructive renovation guidance. Typical Package includes the following:
• Project Coversheet
• General Notes / Construction Notes
• Landscape Demolition Plans
• Landscape Construction Plans
• Irrigation Plans
• Irrigation Details / Water Conservation Calculations
• Planting Plans
• Planting Details
• Technical Specifications (CSI Format)
• Estimate of Probable Construction Costs
• Bid Proposal

L. Construction Administration: As standard practice, BGB provides as requested pre-construction attendance, submittal review and project observation in support of city inspection to make sure contractor is in compliance with design intent.

M. Construction Management: Although in the past, the city has not requested construction management services, BGB may provide these services through an independent 3
rd party consulting firm, Murow Development Consultants (www.murowdc.com) or other sub-consultant, as directed.

N. Quality Control: BGB takes pride in the fact that the majority of our new work is the result of referrals by existing and past clients. Our client base includes both private developer and public agency clients that have spanned decades. We believe that our long-term client relationships are a result of not only our design abilities, but also our commitment to schedule, budgets, and deadlines. Third party peer review is incorporated into projects, as necessary, to receive unbiased “fresh eyes” for review. BGB has a highly experienced staff that produces quality and error-free deliverables to the maximum extent possible.

14 | Page

FEE SCHEDULE – BGB DESIGN GROUP

Standard Hourly Rates

Principal / Senior Project Manager - Art Guy $170.00/hr.

Senior Principal – Bob Borthwick $170.00/hr.

Job Captain / Project Manager – Nicole Nguyen $130.00/hr.

Senior Landscape Designer – Cele Villa, Tony Escario $110.00/hr.

Landscape Designer – Nayon Kim $ 95.00/hr.

Administrative / Clerical – Stephanie Satterlee $ 75.00/hr.

The City would not be billed overtime rates for BGB staff time.

City review meetings and public presentations will be billed at standard hourly rates.

Reproduction and other approved reimbursable expenses will be billed at cost plus 15% overhead.

No mileage reimbursement is requested as a part of this proposal.

FEE SCHEDULE – Subconsultants

Fee Schedule(s) for subconsultants will be provided upon request.

Subconsultants will be selected on a project-by-project basis and will be subject to City approval.

APPENDICES

SECTION VII

STATUS OF PAST AND PRESENT CONTRACT FORM

SECTION VIII

EXCEPTIONS FORM

RELATED PROJECT EXAMPLES

Arthur D. Guy III, President
Jeff Kraus, Secretary
3185 C-1 Airway Ave., Costa Mesa, CA 92626
3185 C-1 Airway Ave., Costa Mesa, CA 92626
Dedication Ceremony
A specimen Eucalyptus tree serves as a local landmark and is the strong vertical element within this small neighborhood park. The central walkway provides a link between informal gathering spaces and delineates hardcourt and turf activity zones. The entry arbor, gates and fencing were all custom designs.

On November 11, 2003 this park was dedicated to Police Officer James Ketchum and Officer John Libolt who were killed in an airplane accident while on duty with the Costa Mesa Police Department.

Preliminary Landscape Plan
KETCHUM - LIBOLT NEIGHBORHOOD PARK Costa Mesa, CA
Client: City of Costa Mesa

Design and landscape architectural construction
documents for a 4.5-acre park renovation. Project
included ball field, soccer, walking trail, children's play area, restroom, picnic areas, and related landscaping
and irrigation.

Completed 2020.

BARTON PARK Anaheim, CA
Client: City of Anaheim

Concept Plan
The North El Camino Class I bicycle trail provides the northern coastal entrance to San Clemente’s “Spanish Village by the Sea” enhancing the well-established mix of coastal plant material that sets the City of San Clemente apart from other coastal cities. The Village character, as defined by the foresight of Ole Hanson, has matured to the unique and quaint historical seaside community of today.

This is the last segment of the Coastal Pedestrian Trail designed by BGB Design Group, completed earlier in 2008 offering a 2.3-mile coastal experience unique to Southern California. The mix of native plantings, combined with crushed rock mulch trail edging, provided inspiration for the North El Camino Bicycle trail. In addition to small scaled coastal succulents and grasses that are included in the palette, stately Date Palms mark the gateway into the downtown village.

Drainage from the vehicular travel ways pass through rock lined channels spaced at distances supported by hydraulic calculations.

The city desire was to create a safe separation between the bicycle and vehicular ways, yet low maintenance and water conserving.

NORTH EL CAMINO REAL BIKE TRAIL San Clemente, California Client: City of San Clemente
12-05-2014
L-2

CONCEPTUAL LANDSCAPE SITE PLANNORTH EL CAMINO REAL BICYCLE TRAIL

CITY OF SAN CLEMENTE
CONDITION ‘A’ OCEAN VIEW CONDITION ‘B’ NON OCEAN VIEW
Landscape Architecture
3185 C Airway Avenue Costa Mesa, CA 92626 info.bgb-inc.com O: 714 545 2878 F: 714 545 2898 www.bgb-inc.com
Planning Urban Design
12” WIDE

CRUSHED ROCK MULCH
2 1
ASPHALT DRAINAGE CHANNEL - 80’-100’ O.C.
3 BOULDERS
4 GRASSES
5 SUCCULENTS, AGAVE SPP. ALOES SPP

POTENTIAL STONE PILASTER MONUMENTATION

NORTH EL CAMINO REAL NORTH EL CAMINO REAL
2-WAY BIKE TRAIL
2-WAY BIKE TRAIL

CAMINO CAPISTRANO

CAMINO SAN CLEMENTE

NORTH EL CAMINO REAL
CONDITION ‘B’CONDITION ‘A’
CONDITION ‘A’
LEGEND
352534

Olive Hills Dog Park was constructed in 2017 in the
Anaheim Hills area. The site is 1.3 acres in size, and includes specific areas for both small and large dogs.

Due to soil contamination and compaction from previous
site uses, it was decided to utilize a nearly 100% native plant palette. Permeable concrete, decomposed granite, and synthetic turf provide surfaces for maximum on-site water retention and sustainability. It is intended that no irrigation will be necessary as the park landscaping matures. In addition, a solar-powered restroom is
provided.

OLIVE HILLS DOG PARK Anaheim, CA
Client: City of Anaheim

BGB Design Group was hired by the City of La
Mirada, to execute a number of manufacturer
programmed tot lot renovation projects.

All the projects required ADA compliance
upgrades and connectivity, landscape and
irrigation rehabilitation, and drainage design.

In the case of Gardenhill Park, a new site plan
was required to accommodate the various
play elements requested by the city. Planning
required a contiuous ADA compliant walkway
connection betwen the community center,
tennis and basketball courts while navigating
throuhg an existing grove of mature Ficus
trees. The various projects were completed
in 2018.

LA MIRADA TOT LOT RENOVATION PROJECTS
Client: City of La Mirada
La Mirada Community Gymnasium Tot Lot Frontier Park Anna J. Martin Park DEL OBISPO PARK RENOVATION Dana Point, CA
Client: City of Dana Point
The highlights of this park renovation include: a new irrigation system to provide better water management, re-grading of all three ballfields to provide better drainage, installation of new specialized sports field sod, new re-graded lawn terrace to replace an under utilized slope landscape, chain link replacement, new walkway lighting, enhanced east entry designed to ADA standards and a re-landscaped north slope to control erosion.

Concept Plan
Yorba Linda Town Center’s (“Old Town”) historical roots originated in the early 1900’s. In the 1970’s, the town center went through a “contemporary” renovation.

However, in 2010 City planners developed a new
Specific Plan to reinvigorate the downtown and bring
back a more traditional early century appeal. BGB served as the landscape architectural consultant to the Harris Associates Engineering team, tasked to revitalize the
streetscape bordered by Lake View Ave., Yorba Linda
Blvd. and Imperial Hwy. Additionally, BGB designed the
Main St. improvements which were completed in 2019
to anchor the historic portion of the larger Specific Plan Town Center commercial development.

YORBA LINDA TOWN CENTER - MAIN STREET Yorba Linda, California Client: City of Yorba Linda

BRICK PAVING - BASKET WEAVE WITH GROUT JOINT NON-FLASHED BRICK, BUTT JOINTBRICK CROSSING - RUNNING BOND, BUTT JOINT HEXAGON UNIT PAVERS - DRIVEWAYS / PARKING LOT COMBINATION OF BRICK AND CONCRETE PAVING Main Street Enlargement

YORBA LINDA TOWN CENTER

CITY OF YORBA LINDA

LEMON DRIVE
MAIN

BANK OF AMERICA

THE MUSIC
LAB
STATE
FARM
STONE
CASTLE
JONCOLBY’S WINERY
OF
MAIN ST .

WISNER’S YORBA
LINDA
TRAVEL
OLPIN
GROUP

DOLPHIN
POOL &
SPA
BROWN
& CO.

LAW
OFFICE
LAW
OFFICE
FUTURE

OUTDOOR
DINING

JEWELRY

BY DESIGN

FIRST BAPTIST
CHURCH

PARKING LOT
MARKET

THE MILLER
GROUP
TOWN &

COUNTRY
MAIN ST .

RESTAURANT

RESIDENCE
STREET
“A” STREET

IMPERIAL

HIGHWAY
Civil Engineer:

Harris and Associates
Landscape Architect:

Borthwick, Guy Bettenhausen, Inc.

Scale: 1"=20'
1 ENHANCED BRICK ALCOVE WITH
STREET FURNISHINGS (ie, BENCH,

TRASH, PLANTER)
2 OPTIONAL CROSSWALK @ IMPERIAL
3 EXISTING ENTRY ARCHWAY
4 CONCRETE PAVING WITH APPROX.
30” SQ. GRID - LIGHT SAND FINISH
5 OPTIONAL BRICK BAND WHERE
SIDEWALK IS GREATER THAN 12 FEET
6 STOREFRONT BAND
(CONCRETE OR BRICK)
7 OPTIONAL INCREASED PLANTER

SIZE TO ACCOMMODATE FINAL PAVING
MODULE
8 HEXAGON UNIT PAVERS AT DRIVEWAYS,
“A” STREET AND PUBLIC PARKING LOT
9 BUTT JOINT RUNNING BOND BRICK

CROSS WALK WITH CONTRASTING

CONCRETE BAND
10 TRUNCATED DOMES (PRECAST CONCRETE)
11 IMPROVED ADA RAMPS
LEGEND
2 2
31 57
8 1
1 646 4
9 9
8 11
10 On-Call Landscape Architect Services
City of Fullerton

EXHIBIT C

CERTIFICATES OF INSURANCE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
11/23/2021
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
The Certificate Team
[email protected]
License#: 6003745
The Travelers Indemnity Company of Connecticut
25682
BGBDESI-01
Travelers Property Casualty Company of America
25674
BGB Design Group, Inc
3185 Airway Ave, Ste C
Costa Mesa CA 92626
Aspen American Insurance Company
43460
642551682
A
X
2,000,000
X
1,000,000
X
Contractual Liab
10,000
Included
2,000,000
4,000,000
X
X
Y
Y
6805H114091
12/6/2021
12/6/2022
4,000,000
A
1,000,000
X
X
Y
Y
BA2R205805
12/6/2021
12/6/2022
B
X
Y
UB8J245264
12/6/2021
12/6/2022
1,000,000
1,000,000
1,000,000
C
Professional Liability
AAAE30003302
11/13/2021
11/13/2022
Per Claim
Aggregate Limit
$2,000,000
$2,000,000
Insured owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies.

Re: All Operations -- The City of Fullerton, its elected or appointed officals, officers, employees, and volunteers are named as additional insured as respects general and hired/non-owned liability for claims arising from the operations of the named insured as required per written contract. Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 Day Notice of Cancellation
City of Fullerton, Parks and Recreation Dept.
303 W. Commomwealth Avenue
Fullerton CA 92832

 

 
 

 
BA2B440852 BA4430L917 Policy # BA5151L508

Auto insurance always follows the car, not the owner. Thus the vehicle owner’s insurance is always primary. Below are the excerpted paragraphs from the ISO Business Auto Coverage form which explains the coverage.

Section II Liability Coverage,
A. Coverage,

1. Who Is An Insured,
c. anyone liable for the conduct of an “insured” described above but only to the extent of that liability

Section IV Business Auto Conditions,
B. General Conditions,

5. Other Insurance
c. Regardless of the provisions of Paragraph a. above, this Coverage Form’s Liability Coverage is primary for any liability assumed under an “insured contract”.

Section V Definitions,
H. “Insured contract” means:,

5. “That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for “bodily injury” or “property damage” to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

By California state law the Insured’s Auto insurance will always be primary with respect to the Insured’s owned autos.

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® ¿ ² ¬¿ ² §½ ± ª » ® ¿ ¹ »º ± ®¬ ¸ »¾ » ² » º · ¬± º¿ ² §° » ® óÝ ßð ðð ïï ðï í
× ² ­ « ® ¿ ² ½ »Í » ® ª · ½ » ­Ñ º º · ½ » ô× ² ½ ò ôî ð ï ïÐ ¿ ¹ »ç ± ºï î BA2R205805
BA2R205805

COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.

Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this methoo, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non-Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and non­
contributory basis. this insurance is primary to
other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury'' or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.

5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit perioo we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.

6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.

The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.

7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.

9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V - DEFINITIONS

1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, prooucts or services
for the purposes of attracting customers or
supporters is considered an advertisement.

Includes copyrighted material of Insuran ce Services Office, Inc. with its permiss ion.

Policy #
6805H114091
6805H114091
6805H114091

COMM E RCI AL G ENERA L LIAB ILI T Y
that i s av a ilab le to any o f y our " em p loyee s "o ccup at ional therapi st or o ccup at ional fo r "bod i ly injury " that ari s e s out o f pr ov idin gthe rapy as s ist an t, p h y s i c a l ther ap i s t o r or f a i li ng t o prov ide "i ncidental me dic a ls p ee c h- language p a th olo gi st ; or s e r v i c e s " to any p e rs on t o the e x tent n ot(b ) F i rst ai d o r "Good Sama ri tan s e r v i c e s " s ubje c t to P ar ag r ap h 2.a. (1) o f S e c tio n II –by any o f y our " em p loyee s " or " v olunteer Wh o I s An Insur ed.w orke rs ", oth e r th an an em ployed o r v o lunteer d o ctor. An y s uc h " em p loyee s " K. M ED I C AL PAYM EN T S – INCREASE D LI M IT or " v ol untee r w orkers" prov idin g or fa il in g The f o llo wing r e pla ces P aragrap h 7. o fto prov ide fi r s t aid or "Good Sama ri tan SE CTI O N II I – L IMIT S O F I N SURA NCE:s e r v i c e s " during th ei r w ork h ours fo r yo u

7. Su bje ct to P aragrap h 5. abov e, th e Medic a lwil l b e d ee m ed t o b e a c ti ng within th e s co pe o f thei r em ploy m ent b y y ou o r Ex pens e L im i t i s the mo s t w e wil l pay und e r pe rfo rm in g dutie s r elated to t he c o ndu ct C ov erage C fo r al l me di c al ex pens e s o f yo ur bus ine s s . be c aus e o f " bodily inj ury " s us tained b y any one pers on, and w ill be th e highe r o f:3. The fo llowing r epla c e s the la st s e nt en c e o f Pa r ag r aph 5. o f SE CTIO N I II – L IMIT S O F a. $10, 00 0; orINSU R A N CE :
b . The am o unt s how n i n th e D e clarat ion s o fFo r t he p urpo s es o f d eterm i ni ng th e th i s C ov erage P art fo r Medica l E x pens eappl i cable E a c h Occurrenc e L im i t , all r e la ted Lim i t.a ct s or om i s s ions c om m i tted i n prov iding o r fa il in g t o pr ov ide "inci dent al me dical L . AM END MEN T OF EXCES S INS URA NCE s e rv i ce s ", fi r s t a id or "Good Sama ri tan COND I T ION – P ROF ES SI ONAL L IA BIL I TY s e rv i ce s " to any one p er s on wil l b e deemed The f ol lo wing i s added t o P ar ag r aph 4.b . ,to b e one " o cc urrence ". Ex ces s Insu r ance , o f SE CTI O N IV –4. The fol lowing ex clu s ion is ad ded t o CO MM ERCIAL GENE R AL L IA BI LIT Y Pa r a graph 2., Ex clus ion s, o f SE CTION I – COND I T ION S :

CO V ER AGE S – C O VER AGE A – BODI L Y Thi s in s uranc e is ex c e s s ov er any o f the oth e rINJU RY A ND P ROP ERT Y DAM AGE i nsur an c e, wh eth e r prim ary, ex ces s , c o nti ng entL IA BI LI TY: or on a ny other b a s i s , that i s Pr o fe ss ionalSa le O f Ph armac eu ticals Lia bil ity or s im i la r c ov e rag e, t o th e ex tent t h e "Bo dily inj ury " o r "pr op e rty d am age " ari s ing lo ss i s n o t s ub ject to th e pro fe s s ional s e rv i c e s ou t o f t h e v iola t ion o f a p enal s ta tute o r ex clusion o f C o v erage A or Co v e r age B. ordi nanc e r elatin g t o the s a le of M . B LA NKET W AIVER OF SUBRO GATION –pharma c eut i c al s c om m i tt ed b y, o r w i th t he W H EN R E QUI RED BY WRI TT E N C ON T RACTk now ledg e o r c o n s ent o f t he in s ur ed. O R AG R EEMEN T5. The f ol lo wing i s a dd ed t o th e D EFIN I TION S The f ol lo w ing is add ed to P a ragraph 8., Tra nsfe rSe ctio n:

O f Ri g h t s O f Re co very Again st O the r s T o U s ,"In ci dent al m ed i c al s e rv i ce s " m ea ns : o f SE CTION IV – C O MMERCIAL GEN ERAL a . Med i c al , s urgic a l, d en tal , lab orato ry, x - L IA BI LI TY CO ND I T ION S:
r ay o r n ursing s erv i ce or tr eatm en t, If the i nsur ed h a s agreed in a wri tten c o n tr a ct o radv i c e o r ins tru ction, o r the r ela ted ag r ee ment to w aiv e that i nsur ed ' s right o ffu rni s hing o f food or be v e rag es; or r e cov e ry against any p ers on o r o rg anizat io n, w e b . The fur nishin g o r di s pens i ng o f drug s o r w aiv e our r ight o f r e c ov e ry agai nst s uch p ers o nm ed i c al , d en tal, or s ur gi cal s u pplie s o r or o r ganizatio n, but only f o r p ay men ts w e m akeappl ia nc e s . be c aus e o f:

6. The f ol lo w i ng is added t o Par agraph 4.b . , a. "Bo dily injury " o r "property d am age " thatE xces s Ins u r ance , o f SE CTI O N IV – o ccurs ; o rCO M M ERCI AL GENE R AL LI A B ILI T Y b . "Pe rs o nal and a dv e rti s ing injury " c aus ed b yCOND I TION S :
an o ffe n s e th at i s c om m it ted ;Thi s i nsur an c e i s ex c e s s ov e r any v al id an d s ubs equent to th e s igni ng o f that c o ntra ct o rcol le c ti ble oth e r i ns ur ance , w h ether p rim a ry, ex c e ss , c o nti ng ent o r on any other b a sis, ag r ee ment.

CG D3 79 02 19 ú 20 17 T he Tra v e le rs In d e mn ity C o mp a ny . All righ ts re se rv e d . Pa ge 5 o f 6 I nc lud es co py rig ht e d ma te ria l o f I nsur a nce Se rv ice s O f f ice , Inc. w it h its p e rm is sio n.

Policy #
6805H114091

COMM RCI L AUTOE A
T IS ENDORSEMENT CHANGES T E POLICY. PL ASE READ IT CAREFULLY.H H E

BLANKET ADDITIONAL INSURED
Thi e dorseme t m d fie i surance prov ded under he f l o ing:s n n o i s n i t o l w

BUS NE S A TO OV RAGE F RMI S U C E O

M TO CA RI R COV RA E F RMO R R E E G O
The fo lo ing i added to Parag aphl w s r c. in A.1., Who be ween you and that pe son or organiza ion, that ist r t Is An Insu edr , of SECTION II
CO E ED AU OV R T S si ned by yo be o e the "bodi y injury or "prope tyg u f r l " r L ABI I Y CO E AGEI L T V R in the BUSIN SS AUTE O dam ge occur and that is in ef e t during the pol cya " s f c i CO ERAGE FO MV R and Pa agraphr e. in A.1., Who Is pe iod, to nam as an addi ional insured fo Cov redr e t r e An Insu edr , of SECT ON II
CO ERED AU OI V T S Auto Liabil ty Cov rage, but o ly fo dam ges tos i e n r a L ABI I Y CO ERAGEI L T V in the MOT R CARRIEO R whi h this insurance applie an only to the ex ent oc s d t f CO ERAGE FO MV R , whichev r Co erage Form i that perso 's o o ganizat o 'se v s n r r i n lia il ty fo the co ductb i r n pa t o y ur poli y o anot er "in ured".r f o c : f h s
Thi i cl de any perso or organi ation who you ares n u s n z re ui ed unde a written cont a t o ag ee entq r r r c r r m CA 4 37 2 16T 0 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of nsurance Services OfI f ce, Inc. with its permis ion.i s Policy:

BA2R205805

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations

5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- nated in such contract.We waive any right of recovery we may have against any person or organization to the extent
CA T3 40 02 15 © 2015 The Travelers Indemnity Compa ny. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy #
BA2R205805

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A)
POLICY NUMBER:

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT

CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

The additional premium for this endorsement shall be % of the California workers' compensation pre- mium.

Schedule
Person or Organization Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Insurance Company Countersigned by
DATE OF ISSUE: Page 1 of 1
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.

UB8J245264
Travelers Property Casualty Company of America
11/23/2021