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071922 PR On-Call Landscape Architect KTU&A Agreement

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

Document
071922 PR On-Call Landscape Architect KTU&A Agreement
Meeting
July 19, 2022
Body
City Council - Successor Agency - Housing Authority
Original file
2.1 MB
Text extracted from the city's file for reading and search. Open the original on fullerton.legistar1.com. That file is the official record.

CITY OF FULLERTON

PROFESSIONAL SERVICES AGREEMENT
WITH
KTU&A

THIS AGREEMENT is made and entered into this 19th day of July, 2022 (“Effective Date”), by and between the CITY OF FULLERTON , a California municipal corporation (“City”), and KTU&A (“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 professional landscape architectural services on an as-needed basis 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. N o 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 City’s Request for Proposals (“RFP”), attached hereto as Exhibit “A,” and Consultant’s Response to City’s RFP (“Consultant’s Proposal”), attached hereto as Exhibit “B,” both 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 wit h sound professional practices. Consultant also warrants that it is familiar with all laws and regulations that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect 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 wor k will be done by the City Mana ger 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;

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(b) Require Consultant to repeat the work at no additional f ee 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 to 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 employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties 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 Consultant 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 “B”. Consultant’s total compensation shall be based on each proposal the Consultant submits and the City accepts for the services requested on a particular project.

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in Consultant’s Proposal set forth in Exhibit “B” On-Call Landscape Architect Services
City of Fullerton

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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 forty-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 for m prior to the 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 June 30, 2025, unless terminated as provided herein. The term of this Agreement may be renewed for one additional two-year period upon mutual written agreement by both parties.

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 shall 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 termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including On-Call Landscape Architect Services
City of Fullerton

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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.

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 the Consultant, its agents, representatives, employees or subcontractors subject to the limitations of Civil Code Section 2782.8. Consultant shall provide current evidence 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 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 with a limit of not less than $2,000,000 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 with a limit of not less than $2,000,000 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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City of Fullerton

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5.3. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide that the self -insured retention may be satisfied by either the named insured or City.

5.4. 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 or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Civil Code Section 2782.8. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms, if later revisions used). Such coverage as an additional insured shall not be limited to the period of time during which the Consultant is conducting ongoing operations for the CITY but rather, shall continue after the completion of such operations. The coverage shall contain no additional special limitations, outside standard coverage exclusions and coverage limits, on the scope of its protection afforded to the CITY, its officers, employees and volunteers.

B. Commercial General Liability. This insurance shall be primary insurance as respects the CITY, its officers, employees and volunteers at least as broad as ISO CG 20 01 04 13 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 designated volunteers shall be excess of this insurance and shall not contribute with it.

C. Workers’ Compensation and E mployers’ Liability Insurance. Insurer shall waive their right of subrogation against City, its officers, employees and volunteers for work done on behalf of City and shall endorse the policy with a waiver of subrogation.

D. 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 the City.

If the Consultant maintain 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 the Consultant. Any available insurance proceeds in excess of t he specified minimum limits of insurance and coverage shall be available to the City.

E. Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein and Consultant shall ensure that CITY is an additional insured on insurance required from subcontractors.

F. 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.

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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.

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, C onsultant 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.

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.

C onsultant 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 deliver y; b) at On-Call Landscape Architect Services
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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:

KTU&A
3916 Normal Street
San Diego, CA 92103
Attn: Chris Langdon, Principal

City of Fullerton
303 W. Commonwealth Ave.

Fullerton, CA 92832
Attn: Deputy Director of Parks &
Recreation

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 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, and consistent with Civil Code section 2782.8, Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against City, its elected and appointed officials, officers, agents, and employees to the extent arising out of, pertaining to, or relating to the negligence, reck lessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in performing design professional services pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of 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, recklessness, or willful misco nduct of Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents, and employees based upon such negligence, recklessness, or willful misconduct, whether or not the 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 or active negligence or willful misconduct of the City. Further, in no event shall the cost to defend charged to the design On-Call Landscape Architect Services
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professional exceed the design professional’s proportionate percentage of fault, unless otherwise specified in Civil Code section 2782.8. 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 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 harmless 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 shall 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 di scs, 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 available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this On-Call Landscape Architect Services
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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 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. C onsultant 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.

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City of Fullerton

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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.

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.

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

Page | 26

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

Page | 27

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

Page | 28

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

City of Fullerton
RFQ #4368 | Qualifications | January 18, 2022

ON-CALL LANDSCAPE ARCHITECT

SERVICES
Table of Contents
Letter of Transmittal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Technical Proposal
1 Qualifications, Related Experience, and References
Proposal Overview Project Understanding and Relevant Firm Experience . . . . . . 2 KTUA Firm Profile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Parks and Recreation Design Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 KTUA Project Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 KTUA References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2 Proposed Staffing and Organization
Team Organizational Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 KTUA Communication Plan | Contract Management . . . . . . . . . . . . . . . . . . . . . . . . . . 19 KTUA Key Personnel Resumes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3 Detailed Work Plan
Project Approach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Community Engagment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Approach to Managing Resources | Quality and Budget Control . . . . . . . . . . . . . . 32 4 Fee Proposal/Rate Sheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 5 Appendix
Status of Past and Present Contracts Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section VII Exceptions Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 January 18, 2022
City of Fullerton – Purchasing
Jimmy Armenta, Buyer
303 W . Commonwealth Avenue
Fullerton CA, 92832-1775
Dear Mr . Armenta and Members of the Selection Committee, As our urban centers and surrounding communities continue to grow, civic infrastructure, parks, open spaces, and public places are becoming increasingly more valuable for our quality of life by providing common ground for children and adults to connect with the outdoors, interact, and fulfill goals for healthy lifestyles . We under- stand the challenges faced by municipalities to improve infrastructure and upgrade existing public facilities to satisfy demands for community amenities . KTUA is sensitive to the need to make every dollar count towards im- plementation of public facilities and the importance of assembling the right team to ensure the City of Fullerton’s goals and objectives are met and your projects are fully realized . As consultants, KTUA’s goal is to make your job easier by collaborating with you, your city council, and your residents to provide you with the resources needed to bring your projects to fruition .

KTUA has provided planning and landscape architectural services, including irrigation design, GIS support and public outreach, to cities and other public agencies throughout southern California for over 52 years, with an emphasis on parks, recreation facilities, playgrounds, public spaces, streets, transit, pedestrian and bike facilities, and smart growth and urban in-fill projects . We are currently managing on-call or as-needed contracts for OCTA, the cities of San Diego, Palmdale, Santa Maria and Oxnard, the Port of San Diego, and the San Diego Unified School District . Through this experience, we understand the planning and design process to achieve a sustain- able, implementable project, and the design, bidding and construction requirements for new, renovation and expansion projects that can be constructed and maintained safely and economically .

With an in-house team of 31 staff members (13 California licensed landscape architects), KTUA can manage and staff multiple projects running concurrently . Often, public works projects have start-and-stop schedules that change as City staff address adjusting priorities, resources, and any number of other factors KTUA has the flexi- bility to follow easily with these schedule adjustments . I will serve as the Principal Landscape Architect and Con- tract Manager, supervising the resources on any task orders that may be assigned and overseeing the efforts of Project Managers Jerod Huwa, Matt Clemens, Josef Gutierrez, and Stephen Nunez . Brooke Whalen will provide additional contract management as needed .

Required Statements
This proposal is valid for a period of 120 days from January 18, 2022 . KTU&A affirms that all information submit- ted with the proposal is true and correct . Legal Name & Address: KTU&A, 3916 Normal Street, San Diego, CA 92103; 619-294-4477, 619-294-9965 Fax .

KTU&A maintains the required insurance coverages . Our current cyber liability policy is for $1M, but can be in- creased to $2M per your agreement if selected .

Respectfully submitted .

Chris Langdon, Principal

KTUA PRIMARY CONTACT / AUTHORITY TO BIND
Chris Langdon, Principal
CA PLA 4915 | ASLA | LEED AP BD+C
3916 Normal Street, San Diego, CA 92103
619-294-4477 x115; Cell: 619-481-4266
chris@ktua .com

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 2

PROJECT UNDERSTANDING
As our urban, suburban, and rural communities continue to grow, access to parks, open space, and natural areas becomes even more critical . Local, regional, state, and federal agencies are taking a renewed look at our outdoor environment and its potential to help address critical infrastruc- ture, public health issues, sustainability goals, equitable access, education, and opportunity . Our outdoor spaces are recognized as powerful tools for strengthening and maintaining the physical, social, and economic health of a community .

KTUA’s ability to integrate scientific understanding and technical expertise in landscape architecture and irriga- tion design allows us to provide balanced solutions that create sustainable projects . Our process analyzes com- munity and capital needs, evaluates existing conditions, provides financial solutions, identifies alternative funding and partnership opportunities, and recommends short and long-term investment strategies for the development of new spaces and the protection and enhancement of natural areas .

The foundation of our creativity is based on careful research, understanding the local context and history, envi- ronmental responsibility, cost effectiveness, and awareness of community and client needs .

GUIDING DESIGN PRINCIPLES
Strengthen Public Spaces: Support the equitable development of places, programs, and projects that create opportunities to spend quality time in a physically and socially healthy setting .

Celebrate Local Culture and a Sense of Place: Enhance and support local history, culture, climate, and geogra- phy through planning and design .

Elevate Standards for Sustainability and Stewardship: Develop sustainable public policies that demonstrate the delicate balance between natural and man-made environments, and educate about the role everyone plays in sustainability and resiliency .

Facilitate Community Engagement: A strong and comprehensive facilitated community engagement process provides a basis for developing and measuring quantitative and qualitative improvements .

Balance Community Benefit with Agency Responsibility: Encourage multiple benefit projects that provide an economic benefit while minimizing client risk, liability, and maintenance . 01 | Qualifications & ExpEriEncE | Project Understanding & Relevant Firm Experience

CITY OF PALMDALE

SAM YELLEN PARK
I just want to say thanks
for how responsive and
accommodating you have been
through all of this. I’ve worked
on the design/consulting side
and I know the frustration of go-
ing back and forth between de-
signs and re-designs. The KTUA
team continues to be accom-
modating, professional, and just
overall pleasant to work with.

So thank you and I hope we can
continue the “vibe” through the
completion of this design.
– CITY OF PALMDALE,

SETH JENISON, PE, PTOE,

SENIOR CIVIL ENGINEER

LANDSCAPE ARCHITECTURE

KTUA PRIME CONSULTANT ON-CALL/AS NEEDED PROJECT EXPERIENCE • City of San Diego As-Needed Landscape Architecture Services (3 contracts), 2015-present
• Port of San Diego On-Call Landscape Architecture Services, 2016-present • San Diego Unified School District As-Needed, 2021-present • City of Arroyo Grande On-Call Design Services, 2021-present • City of Santa Maria On-Call Landscape Architecture and Design, 2021-present
• City of Oxnard On-Call Landscape Architecture, 2022-present • City of Moreno Valley On-Call Landscape and Irrigation Design, 2020-present
• City of Riverside On-Call Landscape Architecture Services, 2019-present • City of Palmdale On-Call Landscape Architecture Services, 2019-present • City of Poway On-Call Landscape Architecture Services, 2019-present • City of National City On-Call Planning and Design Services, 2014-present • County of Riverside On-Call Landscape Architecture Services, 2020 - present
• WRCOG On-Call Grant Writing Services, 2017-present
• OCTA Grant Writing Services, 2018-present
City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 3

INCORPORATION OF CPTED PRINCIPLES
Natural surveillance occurs by designing the placement of physical features, activ- ities, and people to maximize visibility of the space and its users, fostering positive social interaction among legitimate users of private and public space. Potential offenders feel increased scrutiny, and thus inherently perceive an increase in risk. » City of Lemon Grove Main Street Promenade Linear Park » City of Carlsbad Trails Master Plan

KNOWLEDGE OF REGULATORY CODES AND PROCEDURES
All CIP projects, regardless of funding origin, must meet federal, state and local regulations. Many of these regulations relate to ADA, and implementation require- ments of air and water quality standards. Project elements within street ROWs are controlled by MUTCD, CA Vehicle Code, and Caltrans Highway Design Manual and other locally adopted rules and regulations. PS&E prepared by KTUA incorporate the Standard Specifications for Public Works Construction and other regional standards.

UNIVERSAL DESIGN
Universal design benefits everyone regardless of their abilities and universal design principles should be evaluated from the start of a project to be most cost effective.

Parks and open spaces that embrace universal design concepts improve human per- formance, health and wellness, social engagement, and community pride. » City of Chula Vista Salt Creek Community Park
» City of San Diego Rancho Mission Canyon Playgrounds
LEED | ENVIRONMENTALLY FRIENDLY SUSTAINABLE DESIGN
The world of sustainability can be complicated when codes, rules, regulations, man- dates, and certifications overlap. KTUA navigates sustainability choices to find the best value while meeting your budget and schedule goals. Twenty of KTUA’s projects have achieved Platinum, Gold, or Silver LEED certification or equivalent. » City of San Diego Nobel Athletic Area and Library
» County of San Diego Rancho San Diego Sheriff Station

HEAL TH AND WELLNESS
As our communities address serious health issues, including rising rates of chronic disease, an increased prevalence of sedentary lifestyles, and poor nutrition habits, parks offer an affordable and accessible solution. NRPA initiatives such as 10-Minute Walk, Commit to Health, and Healthy Aging in Parks that are supported by elected officials are a critical part of a community’s public health infrastructure. » City of La Mesa Safe Routes to Parks

SOCIAL EQUITY
Well-designed public space supports social equity in the built environment. Interac- tion with nature is particularly challenging for residents of under-represented urban communities due to the inaccessible locations of parks and open space, as well as limited access to transportation. Parks can lessen environmental justice impacts by increasing neighborhood quality of life and aesthetics through positive context. » City of Placentia Urban Greening Plan
01 | Qualifications & ExpEriEncE | Project Implementation Guidance City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 4 01 | Qualifications & ExpEriEncE | KTUA Profile

YEAR FOUNDED
‚ 1970

ORGANIZATIONAL STRUCTURE
‚ California Corporation

CALIFORNIA OFFICES
‚ Primary Office
3916 Normal Street
San Diego, CA 92103
‚ Central Coast Satellite Office
540 E . Betteravia Road, #D 122
Santa Maria, CA 93454
EMPLOYEES - 31
‚ 13 Landscape Architects
‚ 8 Planners
‚ 2 Transportation Planners
‚ 2 Landscape Designers
‚ 2 Irrigation Designers
‚ 1 GIS Analyst
‚ 1 Transportation Engineer
‚ 2 Accounting

CERTIFICATIONS
‚ Small Business Enterprise (Metro and
California Dept . of General Services),
CA SBE 30007 exp . 08/31/22

SERVICES
Planning
‚ Land Use | Transportation Planning
‚ Active Transportation Planning
‚ Resource Planning
‚ Federal Planning
Landscape Architecture
‚ Civic and Public Works
‚ Parks and Recreation
‚ Healthcare
‚ Education
‚ Housing
‚ Hospitality
‚ Office and Commercial
Support Services
‚ Public Outreach
‚ GIS
‚ 3D Modeling and Simulations
‚ Sustainable Design
‚ Water Management
‚ Grant Writing
As planners and landscape architects, KTUA is focused on the principles of healthy placemaking – a collaborative process for reshaping the public realm of our neighborhoods, communities and regions . The link between our natural and built environments and the health of individuals, families and communities is real . Well designed streets, parks, open spaces, public plac- es and buildings facilitate human connectivity and improve people’s mental, physical and social health . In our vision and our actions, KTUA collaborates with our community leaders, public agencies, private developers, allied pro- fessionals, neighbors and families to develop implementable plans that ad- dress social, physical, environmental and economic goals that shape healthy places . By building support for these plans and projects from the ground up, we provide opportunities for civic engagement and transformative ideas .

OUR PLANNING AND DESIGN PROCESS INCLUDES:
• Listening to the community so that we fully understand their needs and desires;
• Creating places that are attractive, convenient, safe and healthy; • Designing to encourage social, civic and physical engagement; • Protecting, enhancing and restoring the environment;
• Contributing towards economic growth of the region and the residents; • Improving the daily lives of people of all ages and abilities by providing options for housing, transportation, education and social interaction; and • Maximizing enjoyment and economic benefit while minimizing risk, liability and injury .

KTUA OFFERS OUR CLIENTS VALUE THROUGH OUR MANAGEMENT:
• The diversity and background of our staff, a collaboration of planners, landscape architects, GIS analysts, facilitators and graphic artists, allows us to fully understand the larger perspective and implement the fine-grained details that contribute to project success .
• All of our staff members, from the principals to the designers, are hands- on . The team that is working on your project will stay in place from start to finish, ensuring that transitions from one phase of a project to another will be seamless and efficient .

OUR PASSION FOR HEALTHY PLACEMAKING IS EVIDENT IN OUR ACTIONS:
• KTUA staff members are involved in their communities, from community planning groups and advisory boards to philanthropic groups and student mentoring programs, with the goal of effecting positive change in our neighborhoods .
• KTUA staff members are frequent speakers at the local, regional, and state level on the benefits of forward-thinking planning and design on people, the community, and the environment .
• KTUA’s office is located in a very walkable and bikeable neighborhood by choice, with a goal of more bikes on the bike racks than cars in the park- ing lot . KTUA is a Gold Level Bicycle Friendly Business as designated by the League of American Bicyclists .
• KTUA’s efforts to promote planning and design projects that focus on healthy placemaking have been recognized by our professional organiza- tions such as ASLA, APA, ULI, Circulate San Diego, APWA, and SAME .

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 5 Master Planning
Community Engagement
Construction Documents
Construction Administration
Multi-use Sports Field
Aquatic Complex
Amphitheater/Public Gathering Plaza
Tennis/Sports Complex
Playgrounds/Picnics/Restrooms
Skate Area
Community Center/Park Buildings
Historic/Interpretive/Art Program
Trails/Open Space
Habitat Restoration
Botanical/Community Gardens
Park Rehabilitation
New Park
Agency Project Name Scope Project Elements Status
City of San Diego Dusty Rhodes Park
City of Oceanside Buccaneer Park
City of Imperial Beach Veterans Park
City of Carlsbad Alga Norte Community Park
City of Carlsbad Leo Carrillo Ranch Park
City of Chula Vista Otay Ranch Grove Park
City of Chula Vista Salt Creek Community Park
City of Corona Parks Assessments
City of Garden Grove Fire Station & West Haven Park
City of Palmdale Sam Yellen Park
City of Palmdale Arnie Quinones Park
City of Poway Mickey Cafagna Center
City of San Diego As-Needed Services
City of San Diego Cañon Street Park
City of San Diego Olive Street Park
City of San Diego Southcrest Trails Park
City of San Diego North Park Mini Park
City of San Diego Torrey Pines North Golf Course
City of San Diego Cabrillo Heights Park
City of San Diego Taft Joint Use Facility
City of San Diego Canyon Hills Resource Park
City of San Diego Rancho Mission Canyon Park
City of San Diego Memorial Park
City of San Diego Nobel Athletic Area & Library
City of San Diego Breen Park
City of San Diego Carmel Valley Community Park
City of Walnut Walnut Park Aquatics Center
Conejo Recreation District Conejo Park & Community Center Phelan Recreation District Phelan Park Sports Fields
Port of San Diego Chula Vista Bayfront Parks
San Diego State University Student Fields
01 | Qualifications & ExpEriEncE | Parks & Recreation Design Experience City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 6 01 | Qualifications & ExpEriEncE | Port of San Diego Chula Vista Bayfront Parks Master Plan CLIENT
‚ Port of San Diego
‚ Mark Mcintire
‚ Capital Project Manager II,
Engineering-Construction
‚ 619-686-8064
‚ mmcintir@portofsandiego .org
STATUS
‚ Start Date: 08/2015
‚ Ongoing 2022

SERVICES
‚ Park Planning and Analysis
‚ Community Engagement
‚ Grant Writing and Implementation
‚ Construction Documentation
‚ Construction Administration

PROJECT FEE
‚ $399,000

KTUA KEY PERSONNEL
‚ Chris Langdon
‚ Mike Singleton
‚ Stephen Nunez
‚ Chris Stebbins
The Chula Vista Bayfront project represents one of the largest waterfront developments in Southern California . KTUA and its team of consultants have been working with the Port of San Diego and the City of Chula Vista since 2016 on the master planning, programming and design of the two waterfront park sites associated with the project . Harbor Park (21 acres) provides sig- nature amenities, recreational opportunities, and programming adjacent to the resort hotel and convention center . Sweetwater Park (62 acres) connects visitors with the unique ecosystem of San Diego Bay, enhances and protects sensitive habitat resources, and provides environmental exploration and family-oriented recreation .

An extensive path system will wind through the park providing exercise opportunities and connecting park users to natural recreational features such as grassy mounds, dunes, a dry creekbed and basin system, and several overlooks with views to the bay . Interpretive elements and programs will be interwoven amongst the park features to inform and enrich all park users . Trails were an important component of the project . A total of 3 .5 miles of trails are proposed in Sweetwater Park alone . Most of the trails being constructed are DG paths that are 4’ or 11’ in width . The Promenade multi- use path represents nearly one mile of a 14’ wide pavement with adjacent DG pathways, connecting Harbor Park with Sweetwater Park . The primary experience and activity expected will be walking, hiking, biking and bird watching . The trail system supports this focus .

KTUA’s scope included: site planning; a program and spatial requirements summary; a review of all Port, Chula Vista and Coastal Commission require- ments including settlement and environmental mitigation requirements; construction cost estimates for establishing project budgets; phasing rec- ommendations; trail width and connectivity requirements; an interface study with adjacent buildings; presentations to the Wildlife Advisory Group; pre- sentations to the Bayfront Cultural Design Committee; the preparation of design guidelines and a wayfinding program for the entire bayfront develop- ment including streets, waterfront access, and development sites; and the development of 3D models and animations for meetings and presentations .

KTUA was also successful in collaborating with the Port of San Diego to secure a $5M California Natural Resources Agency Urban Greening Grant for the Sweetwater Bicycle Path and Promenade project . The grant addressed community connectivity, urban greening, carbon sequestration goals, and natural resource conservation .

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 7

CITY OF SAN DIEGO ON-CALL LANDSCAPE ARCHITECTURE SERVICES 2014 Contract:
• Canyon Hills Resource Park | total contract Value $343,000 | construction cost $7.5M • Valencia Park/La Paz Mini-Park | total contract Value $90,000 | construction cost n/a • Rancho Mission Canyon Park | total contract Value $168,200 | construction cost $1.6M • Olive Street Park | total contract Value $400,000 | construction cost $2.7M • Memorial Community Park ADA Upgrade | total contract Value $333,140 | construction cost $1.3M 2015 Contract:
• Taft Joint Use Park | total contract Value $875,000 | construction cost $3.3M • North Park Mini-Park | total contract Value $315,255 | construction cost $2.7M • Cañon Street Pocket Park | total contract Value $246,000 | construction cost $1.2M 2020 Contract:
• Marcy Neighborhood Park | total contract Value $275,000 | construction cost tBD • Dusty Rhodes Park | total contract Value $263,000 | construction cost tBD • Playa Pacifica Park Improvements | total contract Value $491,000 | construction cost tBD CLIENT:
‚ City of San Diego
‚ Various Project Managers
STATUS
‚ Ongoing 2022

SERVICES
‚ Landscape Architecture
‚ Irrigation Design
‚ Public Engagement
‚ Accessibility Upgrades
‚ General Development Plan
‚ Park Planning and Design

KTUA KEY PERSONNEL
‚ Brooke Whalen
‚ Chris Langdon
‚ Cheri Blatner-Pifer
‚ Tim Henderson
‚ Bernard Everling
‚ Amy Hoffman
‚ Josef Gutierrez
‚ Jerod Huwa
‚ Stephen Nunez
‚ Cisy Cao
‚ Gwen Stark
Olive Street Park 3D Rendering
Under three City of San Diego As-Needed Landscape Architecture con- tracts, KTUA has prepared master plans and construction documents for a variety of new and existing park facilities to enable the city to more closely meet its population-based park requirements, as well as to fulfill the Mayor’s “Play All Day” initiative by partnering with the San Diego Unified School Dis- trict on the development of joint use facilities .

Some of the challenges the design team has encountered in the existing parks include undocumented landslides and uncompacted fill soils; inaccu- rate property line and easement records; unknown underground utilities; long-term deferred maintenance; new stormwater requirements; and commu- nity needs and expectations for their parks . By understanding these potential issues early in the design process, KTUA has identified creative solutions to resolve or mitigate adverse site conditions and to meet community and City of San Diego goals for equitable access to parks and open spaces .

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 8 01 | Qualifications & ExpEriEncE | City of Palmdale Sam Yellen Park CLIENT
‚ City of Palmdale
‚ Lynn Glidden
‚ 661-267-5315
‚ lglidden@cityofpalmdale .org
STATUS
‚ Completed 2021

SERVICES
‚ Site Analysis Plan
‚ Final Landscape Plan
‚ Community Engagement

PROJECT FEE
‚ $525,000

KTUA KEY PERSONNEL
‚ Brooke Whalen
‚ Josef Gutierrez
KTUA prepared a public outreach plan and branding which included on- line engagement strategies with clear, concise, accessible and visually rich engagement materials and conducted public workshops and analyzed data .

A site analysis plan was prepared which included an inventory of park site characteristics and site analysis plan denoting the various site conditions identifying park improvement opportunities and constraints . A final concep- tual landscape plan was completed .

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 9 Since the 1950s thousands of San Diego children and
adults learned to play golf at the 9-hole golf course in MacArthur Park . However, with changing demograph-
ics and demand, and aging infrastructure, the city de-
cided to study options to reutilize the space to better meet their park and recreational needs .

The comprehensive MacArthur Park Opportunities and
Constraints Study reviewed the site’s existing condi-
tions and provided guidance for future improvements .

It created the framework to develop a master plan
for future implementation of a revitalized, expanded,
and improved community park centrally located in
the City of La Mesa . The study set the framework for
decision-makers in the planning, maintenance, devel-
opment and rehabilitation of the park’s facilities and
recreational spaces .

A variety of outreach methods and materials were
used to maximize public engagement and gather
public input . Online and paper surveys were created
to collect feedback from the community . Additional
public outreach materials included flyers, postcards,
and email announcements . One conventional work -
shop and two pop-up workshops were scheduled
during the first half of the planning process . The final product is a plan the City can use as a guide to identi- fy priority projects and the costs associated for future development .
01 | Qualifications & ExpEriEncE | City of La Mesa MacArthur Park Opportunities and Constraints Study CLIENT
‚ City of La Mesa
‚ Sue Richardson
‚ 619 667-1308
‚ srichardson@ci .la-mesa .ca .us
STATUS
‚ Completed 2018

SERVICES
‚ Community Engagement
‚ Park Design

KTUA KEY PERSONNEL
‚ Chris Langdon
‚ Brooke Whalen
‚ Jacob Leon
MacArthur Park
Opportunities & Constraints Study
What Are We Doing?
The MacArthur Park Opportunities and Constraints Study
is a comprehensive study that will review the site’s existing conditions and provide guidance for future improvements. We invite you to be a part of the planning process by participating and completing a survey!
Give Us Y our Input Online!
We want to hear from you! Please take our online survey and share your thoughts on the future of MacArthur Park.
https://www.surveymonkey.com/r/MacArthurParkOCS
What are your priorities for improvements/additions to
active use park facilities such as:

What type of site amenities are important to you?
What are your priorities for improvements/additions to
passive use amenities such as:

What type of revenue-generating activities would you be in favor of if it were to help offset the cost of operation and maintenance of the park or facilities?
What are your priorities for amenities inside community facilities at MacArthur Park?
Answer the following questions by circling
your lowest and highest priorities.

Please see the reverse side of this
sheet for three additional questions.

Priority LevelLow
High
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Courts (basketball, tennis, pickleball)
Parking
Reservable Group Picnic Areas
Community Garden
Playground/Tot Lot
Dog Park
Group Picnic Areas
Event Space
Walking Trails
Meeting/Banquet Rooms
Picnic Tables/Benches
Recreation Programs/
Educational Class Rooms
Outdoor Exercise Equipment
Multi-generational Spaces
Splash Pad
Gymnasium
Other
Other
Other
Other
Ball Fields
Lighting for Evening Use
Outside Special Event Rental Space
Swimming Pool
Restrooms in Park
Concessions/Restaurant
Disc Golf
BBQ's
Upgraded Aquatics Facility
Shade
Disc Golf
Drop Off/Pick Up Zones
Adventure/Ropes Course
Other
Action Sports (obstacle/ropes
course, skate park, BMX pump track)
5 4
3 2
1 The MacArthur Park Opportunities and Constraints Study is a comprehensive study that will review the site's existing conditions and provide guidance for future improvements. We invite you to be a part of the planning process by filling out this survey and participating in scheduled public workshops.

MacArthur P
ark
Opportunities & Constraints Stud
y
4975 Memorial Drive
La Mesa, CA 91942
Ph: 619-667-1300
To stay involved with the project, please visit:
http://www.cityoflamesa.com
For more information please contact:

Sue Richardson, Community Services Director
[email protected]
+

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 10 01 | Qualifications & ExpEriEncE | City of San Diego North Park Mini-Park CLIENT
‚ City of San Diego
‚ Y ovanna L . Lewis
‚ 619 533-5130
‚ ylewis@sandiego .gov
STATUS
‚ Construction 2022

SERVICES
‚ Park Design
‚ Final Design and Construction
Documents
‚ Public Engagement

PROJECT FEE
‚ $315,000

KTUA KEY PERSONNEL
‚ Chris Langdon
‚ Josef Gutierrez
‚ Matt Wilkins
‚ Stephen Nunez
Construction was recently completed for the new urban plaza mini park in the North Park neighborhood of San Diego . The 0 .75-acre park site converts an existing surface parking lot into a new lively and vibrant mini park . The site is centrally located in the core of North Park behind the Conservatory Theater on North Park Way . The new mini park will provide the neighbor- hood with passive recreation amenities as well as being a venue for highly activated community events that may include expansion of the North Park Thursday Market, food truck events, small concerts, movie nights, and art gatherings .

KTUA was the prime design consultant leading a team that included an architect, a wayfinding consultant, as well as civil, electrical, and structural engineers . The park was designed to function as a multi-use urban plaza with carefully placed landscape improvements to soften the plaza and create a comfortable and inviting urban space . The plaza is characterized by highly refined and enhanced paving, a permanent raised stage area, and space for temporary stages and a movie screen on the back side of the Observatory Theater . An ample amount of concrete seat walls and precast concrete table and chair ensembles provide seating and socializ- ing areas . Canopy shade trees and flowering accent trees provide shade and screening of the park . Interactive, passive recreation improvements included a children’s tensile rope climbing structure, musical instruments, and informal seating and gathering areas . The park’s identity was realized by two large neighborhood wayfinding spires and a large, curved North Park identity wall constructed with 6-foot-tall concrete letters . The curved identity wall serves to help define the large central plaza of the park as well as provide a stunning landmark for North Park .

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 11 01 | Qualifications & ExpEriEncE | Phelan Community Park Pump track
CLIENT
‚ Phelan/Piñon Hills Community
Services District
‚ George Cardenas
‚ 760-868-1212 ext . 311
‚ GCardenas@pphcsd .org
STATUS
‚ Ongoing 2022

SERVICES
‚ Park Planning
‚ Landscape Architecture

PROJECT FEE
‚ $300,000 (Phase I and II)

KTUA KEY PERSONNEL
‚ Mike Singleton, Matt Wilkins, Cheri
Blatner-Pifer, Jordan Garvey, Gwen
Stark, Chris Stebbins

ANIMATION
https://tinyurl.com/purh8f2u
KTUA worked on the Phelan and Piñon Hills parks master plan and found that both communities were undeserved by park facilities . The analysis consid- ered the unique context of sparse populations, greater distances and drive times, as well as population growth and potential future parks and amenities .

Subsequently to that effort, KTUA is working with the Phelan/Piñon Hills Community Services District (District) to develop a recently purchased 24- acre property that is currently undeveloped . The new site is adjacent to an existing 2-acre community park that currently houses the District’s offices and is mainly open land . The new community park includes a newly planned civic complex which will consolidate the various community facilities including a multi-purpose community building, administration building, police/sheriff office, and other civic facilities .

KTUA produced several conceptual alternatives which explored schematic design arrangements for the undeveloped 24 acres and better integrates it into the new civic center . The park’s program includes: two active soccer and baseball/softball fields, playgrounds, a skate park, pump track, eques- trian facilities, dog park, amphitheater, picnic areas, plazas, and other recre- ational facilities and infrastructure .

KTUA recently prepared and submitted a State Prop 68 grant and is current- ly developing a final master plan which includes phasing opportunities and a cost estimate for the park . Once completed, the community park along with the civic center will become a new hub for the Phelan/Piñon Hills community .

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 12 01 | Qualifications & ExpEriEncE | City of San Diego Memorial Community Park Playground ADA Upgrades KTUA updated and created a new playground within an existing park in the Logan Heights neighborhood of the City of San Diego . Updates addressed accessibility issues, provided new equipment for kids to play on and gave the park patrons a new restroom facility .

The scope of work addressed renovation of an existing play area to provide new play structures for neighborhood families; concrete block-style bench- es; drinking fountains; drought-tolerant landscape and upgraded irrigation; a new prefabricated restroom; two new ADA compliant parking spaces; and an accessible pathway to the improvement areas for compliance with cur- rent accessibility regulations .

CLIENT
‚ City of San Diego
‚ Jennifer Scott
‚ 619 533-5414
‚ jbscott@sandiego .gov
STATUS
‚ Completed 2019

SERVICES
‚ Landscape Architecture
‚ Irrigation
‚ Accessibility Upgrades

PROJECT FEE
‚ $150,000

CONSTRUCTION COST
‚ $1,348,000

KTUA KEY PERSONNEL
‚ Tim Henderson
‚ Amy Hoffman

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 13 CLIENT
‚ San Diego State University
‚ Glen Brandenburg
‚ 858 228-0027
‚ gbranden@sdsu .edu
STATUS
‚ Completed 2019

SERVICES
‚ Landscape Architecture
‚ Design-Build
‚ New Artificial Turf
‚ New LED Lighting
‚ Occupied Campus

PROJECT FEE
‚ $104,600
‚ $5M Construction Cost

KTUA KEY PERSONNEL
‚ Mike Singleton
‚ Cheri Blatner-Pifer
‚ Bernard Everling
‚ Stephen Nunez
AWARDS
‚ 2020 APWA Project of the Y ear
Parks ($2-$5M category)
01 | Qualifications & ExpEriEncE | San Diego State University ENS 700 Student Field “This was the first time I’ve actually seen the field after dark. I loved seeing the students putting it to use. I hope you’re as proud as I am. You all did very well. ” – Robert Schulz, SDSU Associate Vice President of Real Estate, Planning and Development A design-build project, three acres of athletic fields were completely reno- vated to provide San Diego State athletes with a state-of-the-art facility . The fields feature new artificial turf technology; unique, modern LED sports light- ing; and enhanced perimeter landscaping . The new turf technology provides lowered field temperatures and maximum shock reduction for participants .

The highly focused vertical LED sports lighting minimizes light spill and pow- er consumption, while greatly expanding the campus community’s options for day and evening outdoor play . The landscaping scope creates an attrac- tive park-like setting surrounding the field .

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 14 01 | Qualifications & ExpEriEncE | City of Carlsbad Alga Norte Community Park KTUA provided landscape architectural services for a new 32 .1-acre park located in the City of Carlsbad . The park in- cludes an aquatic facility with a 25-meter pool, a 56-meter Olympic/competition pool, a spa and a children’s play pool .

Other facilities include a community building with administrative offices; skatepark; fenced off-leash dog areas featuring dog agility equipment, a dog drinking fountain, benches and shaded picnic tables; three ballfields with a shared multi-purpose field; basketball court; picnic and seating areas; site furnishings and parking . An expansive playground with shade canopies was designed for children of various age groups and abilities .

The park site features natural topography with 70 feet of eleva- tion change from the highest to the lowest point, providing challenges for the design of the stormwater systems . The solutions include bioswales running along the length of the east and south perimeters of the park that cleanse the stormwater prior to discharge into the public stormwater system . The surrounding natural open spaces remain preserved and protected as a part of the city’s plan, which includes an additional 10 acres of California coastal sage scrub habitat on the north and west sides of the park .

KTUA’s responsibilities included a thorough review of the bridging doc- uments, updating and revising the plans to comply with new federal and local regulations, and incorporation of additional amenities at the City of Carlsbad’s request .

Alga Norte was completed on time and within budget . During the design phase, the team utilized technology to help communicate and reduce con- struction conflicts . This technology helped the team and project to stay on schedule and in budget . Up-to date BIM models of the entire site were main- tained to identify construction conflicts . The models were also used as a visualization tool to communicate with the general public and council . During construction, the Plan Grid program was utilized, for communication with the entire construction team and the sub-contractors, to document existing con- ditions and ask each other questions to quickly resolve issues in the field .

CLIENT
‚ City of Carlsbad
‚ Kyle Lancaster
‚ 760-434-2941
‚ kyle .lancaster@carlsbadca .gov
STATUS
‚ Completed December 2013

SERVICES
‚ Landscape Architecture

KTUA KEY PERSONNEL
‚ Cheri Blatner-Pifer
‚ Brooke Whalen
‚ Chris Langdon (while with
another firm)

PROJECT FEE
‚ $101,000
AWARDS
‚ 2014 APWA Project of the Y ear
‚ 2014 California Park & Rec Society

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 15 The City of Placentia Open Spaces and Urban Greening Master Plan out- lines a sustainability strategy to preserve and improve existing parks and open space, recapture future parks and open space, increase the urban for- est, and implement urban greening strategies to reduce Vehicle Miles Trav- eled/Greenhouse Gas (VMT/GHG) emissions and develop an active trans- portation network . KTUA provided a comprehensive review and analysis of all existing and potential parks and open space areas with feedback from an extensive community engagement campaign and stakeholder meetings .

As part of various urban greening strategies, KTUA developed new non-mo- torized transportation options that connect people to open spaces, public transit, Old Town Placentia, the Orange County Loop (OC Loop), and the future Metrolink Station . Through GIS modeling and community input, this plan identified optimal locations for bike and pedestrian paths to encourage residents to cycle and/or walk to the City’s open spaces, parks, and the OC Loop . The efforts of this plan are in line with SCAG’s 2016 Regional Transpor- tation Plan/Sustainable Communities Strategy (RTP/SCS), the Transit Inte- gration Strategy, particularly to provide and enhance active transportation networks for Short Trips and First/Last Mile access to rail . 01 | Qualifications & ExpEriEncE | City of Placentia Open Spaces and Urban Greening Plan CLIENT
‚ City of Placentia
‚ City of Placentia
‚ Veronica Ortiz
‚ 714-993-8222
‚ ortiz@placentia .org
STATUS
‚ Completed 2020

SERVICES
‚ Park Master Plan
‚ Community Engagement

PROJECT FEE
‚ $149,519

KTUA KEY PERSONNEL
‚ Joe Punsalan
‚ Brooke Whalen
‚ Mike Singleton
‚ Jacob Leon
‚ Alex Samarin
Workshop 4
Placentia Open Spaces and
Urban Greening Master Plan

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 16 01 | Qualifications & ExpEriEncE | City of Santee Community Center CLIENT
‚ City of Santee
‚ Bill Maertz, Director, Community
Services Department
‚ 619-258-4100 ext . 125
‚ Bmaertz@cityofsanteeca .gov
STATUS
‚ Completed 2019

SERVICES
‚ Landscape Architecture
‚ Feasibility Study

PROJECT FEE
‚ $54,945

KTUA KEY PERSONNEL
‚ Mike Singleton
‚ Brooke Whalen
‚ Chris Stebbins
The city council voted to accept staff’s recommendation to select the “Riverview” as the preferred site and affirm the Community Center is still a tier one priority. The council loved the preliminary designs, the phasing, and “backyard” as I call it. They were very complimentary. We will now begin our Capital Improvement Program update and start scraping money together. – Bill Maertz, Director City of Santee Community Services Department KTUA worked with a team as part of the 2018 Parks and Recreation Master Plan . One of the high priority projects was the development of a communi- ty center . KTUA was hired, as a sub-consultant, to prepare a site plan and feasibility study for the development of a senior center, teen center, special event center and gymnasium . The project looked at three locations in Town Center Community Park . Alternative programming and initial floorplans were also developed . One site was then selected and a phased site plan devel- oped that looked at three phases for incremental improvements . The project took advantage of a site next to the San Diego River and was developed as a two story special event center with roof top decks and views over the Santee Valley and foothills . Special issues included drainage, emergency vehicle access and parking lot preservation .

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 17 01 | Qualifications & ExpEriEncE | References
PROJECT Port of San Diego Chula Vista Bayfront Parks Master Plan, Sweetwater Bike Path and Promenade, Wayfinding and Signage Plans, and Trails/Design Guidelines AGENCY Port of San Diego, 3165 Pacific Highway San Diego, CA 92101 CONTACT NAME Mark Mcintire, Capital Project Manager II, Engineering-Construction EMAIL [email protected]
CONTACT PHONE 619-686-8064
DATES OF SERVICE Multiple projects 2015-Ongoing 2022
KTUA KEY STAFF Chris Langdon, Mike Singleton, Stephen Nunez, Chris Stebbins PROJECT City of La Mesa MacArthur Park Opportunities & Constraints Study, Park Master Plan AGENCY City of La Mesa, 8130 Allison Ave., La Mesa, CA 91942 CONTACT NAME Sue Richardson, Director of Community Services EMAIL [email protected]
CONTACT PHONE 619-667-1308
DATES OF SERVICE 2018-2021
KTUA KEY STAFF Chris Langdon, Mike Singleton, Jacob Leon PROJECT City of San Diego North Park Mini-Park
AGENCY City of San Diego, 202 C ST SAN DIEGO, CA 92101
CONTACT NAME Y ovanna L. Lewis, Project Manager
EMAIL [email protected]
CONTACT PHONE 619 533-5130
DATES OF SERVICE 2019-2021 (construction)
KTUA KEY STAFF Chris Langdon, Josef Gutierrez, Matt Wilkins, Stephen Nunez PROJECT City of Palmdale Sam Y ellen Park
AGENCY City of Palmdale, 827 East Ave., Palmdale, CA 93550 CONTACT NAME Lynn Glidden, Capital Improvement Program Manager EMAIL [email protected]
CONTACT PHONE 661-267-5315
DATES OF SERVICE Completed 2021
KTUA KEY STAFF Brooke Whalen, Josef Gutierrez
PROJECT City of Placentia Open Spaces and Urban Greening Plan AGENCY City of Placentia, 401 E Chapman Ave., Placentia, CA 92870 CONTACT NAME Veronica Ortiz
EMAIL [email protected]
CONTACT PHONE 714-993-8222
DATES OF SERVICE Completed 2020
KTUA KEY STAFF Joe Punsalan, Brooke Whalen, Mike Singleton, Jacob Leon, Alex Samarin City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 18 02 | staffing & organization | Team Organization

KTUA STAFFING PLAN
KTUA utilizes the Resource Plan-
ning module of Deltek Vision for
weekly staff scheduling, allowing
us to accurately schedule staff re-
sources with the appropriate expe-
rience to meet project deadlines .

Staffing responsibilities include:
1 . The assigned project manager
is involved in the review of the
scope, the preparation of the
fee and the contract negotiation .
2 . The project manager works
with the client to develop and
validate the overall goals and
objectives of the project, as
well as identify project issues,
requirements, budgets, mile-
stones, deadlines, and design
parameters .
3 . A project schedule is devel-
oped by the project manager
indicating all submittals and re-
view periods . The QC manager
reviews the schedule to assure
that adequate time has been
allocated for implementation of
the quality control process, in-
cluding review and coordination
of consultant work, and correc-
tions and revisions identified in
the QC process .
4 . The KTUA policy is to assign
a team of experienced profes-
sionals that stay with the project
from concept through comple-
tion, ensuring seamless integra-
tion from one phase to the next .

STAFFING COMMITMENT: Key KTUA personnel are available for the duration of the project. Key staff will not be removed or replaced without the prior consent of the City of Fullerton.

City of Fullerton
Ktua
Chris Langdon
contract Manager
principal landscape architect
Ktua
Jerod Huwa
project Manager
landscape architect
Ktua
Josef Gutierrez
project Manager
landscape architect
Ktua
Stephen Nunez
project Manager
landscape architect
Ktua
Matt Clemens
project Manager
landscape architect
Ktua
Bernard Everling
irrigation Design Manager
Ktua
Brooke Whalen
principal landscape architect
STAFF OFFICE LOCATION: All KTUA staff listed will provide services from the San Diego, CA office.

KTUA Support Personnel
landscape architects, l andscape Designers, irrigation Designers, l and use/transportation planners, resource planners, outreach specialists, t ranslators, gis analysts, graphic Designers City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 19 PROJECT MANAGER RESPONSIBILITIES INCLUDE:
• Reviewing the scope of work, preparing the fee, and participating in the contract negotiation. • Working with the client to develop and validate the overall goals and objectives, as well as identify project issues, requirements, budgets, milestones, deadlines, and design parameters. • Developing a project schedule indicating all submittals and review periods for KTUA and the consultant team. The QC manager reviews the schedule to assure that adequate time has been allocated for implementation of the quality control process, including review and coordination of consultant work, and corrections and revisions identified in the QC process. • Documenting all direction that results in a critical decision or direction for the project. • Providing the QC checklist and response to comments is provided to the client with the submittal.
02 | staffing & organization | Communication Plan
MANAGEMENT | COMMUNICATION PLAN
project data
meeting logistics
stakeholder identification
project review/approval
CLIENT

MANAGEMENT

PROJECT

ADMINISTRATION

PROJECT

MANAGEMENT

PROJECT

IMPLEMENTATION

CITY OF FULLERTON CHRIS LANGDON PROJECT MANAGERS PROJECT TEAM contract negotiation
contract management
project start-up/close-out
quality control
reporting
meeting management
scheduling
budgeting/invoicing
project plans/studies
community engagement
presentations
submittals
EFFECTIVE PROJECT MANAGEMENT AND SCHEDULING STRATEGIES:

KTUA utilizes a variety of tools to make sure that schedules are met for all interim and final project dead- lines. These tools and techniques include:
• Actively identify critical paths and roadblocks that are likely to happen • Monitor critical paths and decisions to proactively avoid project delays • Schedule concurrent meetings/site visits/over-the-shoulder reviews • Prepare personnel forecasts, allowing early detection and mitigation of cost overruns • Manage changes to scope and scope growth while being flexible with client needs • Fully utilize staff resources of subconsultants to increase overall team capacity City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 20 02 | staffing & organization |

YEARS WITH KTUA
‚ 7 Y ears

EDUCATION
‚ B .S . Landscape Architecture, Washing-
ton State University, Pullman

REGISTRATIONS
‚ 2004, California Landscape Architect,
PLA 4915, exp . 2/28/23
‚ LEED AP BD+C

AFFILIATIONS
‚ American Society of Landscape
Architects
‚ ASLA San Diego Chapter President,
2006
AWARDS
‚ 2021 APWA Port of San Diego Chula
Vista Bayfront Sweetwater Bicycle Path
and Promenade (Parks $2-$5M) Honor
Award
‚ 2017 APWA San Diego, Project of the
Y ear, Torrey Pines Golf Course North
Course Renovation
‚ 2014 APWA San Diego Project of the
Y ear; 2014 California Park & Rec . Soci-
ety, Alga Norte Community Park

CURRENT ASSIGNMENT/COMMITMENT
‚ Port of San Diego Chula Vista Bayfront
Projects, 30%
‚ City of San Diego Mission Bay Sunset
Point Comfort Station, 10%
‚ San Diego Unified School District Play
Structure Project, 10%
‚ SDG&E Projects, 20%

PERCENT AVAILABILITY FOR CONTRACT
‚ 30%
Chris Langdon | Contract Manager | Principal Landscape Architect Chris Langdon is a California Professional Landscape Architect and certi- fied as a LEED AP BD+C. He is responsible for managing a broad range of landscape architectural projects of varying scope including small urban park sites, new construction and modernization of college and university cam- puses, and large multi-jurisdictional transit projects. With more than 27 years of experience, Chris is skilled at all levels of project management including project procurement, scope development, concept and design develop- ment, construction documentation and production, schedule management, cost management, and construction administration services. Chris brings a very strong horticultural background to KTUA and leads efforts in water con- servation design with turf reduction and low water-use landscape design.

PORT OF SAN DIEGO CHULA VISTA BAYFRONT PARKS MATER PLAN Project manager/landscape architect for the park master planning efforts for the Chula Vista Bayfront, which includes the 21-acre Harbor Park and the 62-acre Sweetwater Park . The Sweetwater Park is a natural resource based regional park with an emphasis on natural systems, restoration and interpre- tive opportunities featuring environmentally sensitive areas of the bay . The Harbor Park is an urban waterfront park that will provide the public with ac- cess to the bay as well as a venue for community and entertainment events .

KTUA is directing a team of consultants in the preparation of park program- ming, project priorities, cost estimates and overall park development guide- lines and constraints to development .

CITY OF LA MESA MACARTHUR PARK OPPORTUNITIES AND CONSTRAINTS STUDY Senior landscape architect responsible for a comprehensive opportunities and constrains study that reviewed the site’s existing conditions and provid- ed guidance for future improvements . A variety of outreach methods and materials were used to maximize public engagement and gather public in- put, such as pop-up and conventional workshops, online and paper surveys, flyers, postcards, and email announcements . The City can use the final plan to identify priority projects and the costs associated for future development .

CITY OF SAN DIEGO NORTH PARK MINI-PARK
Project manager/landscape architect responsible for the preparation of final design and construction documents for a new 0 .75-acre park in the heart of North Park’s Main Street area . The design of the park includes seating and picnic areas, as well as a multi-use urban plaza with permanent and tempo- rary stage areas available for community events and the expansion of the farmers market . Creative children’s play elements, integrated wayfinding spires and a curved North Park identity wall with 6-foot-tall concrete letters contribute to this activated urban park .

CITY OF SAN DIEGO/SDUSD TAFT JOINT USE PARK
Project manager/landscape architect for the General Development Plan and final design documents for Taft Joint Use Park at Taft Middle School, for the City of San Diego that develops 4 .75 acres of the school’s existing multi-use field to be accessible to both the school and community . Park amenities in- clude a multi-use turf field, 12-foot wide walking/jogging trail, fitness stations, basketball courts, pickleball courts, and open space overlook, outdoor stage, entry plaza, and new parking lot . Landscape and planting improvements are an extension of the adjacent open space canyons with native planting used at the park perimeter to blend the new park with the surrounding canyons .

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 21 02 | staffing & organization |

YEARS WITH KTUA
‚ 20 Y ears

EDUCATION
‚ Bachelor Landscape Architecture,
Colorado State University

REGISTRATIONS
‚ 2014 LEED Green Associate
‚ 2011 Nevada Landscape Architect PLA
849, exp . 6/2022
‚ 2006 California Landscape Architect
PLA 5175, exp . 9/2022

AFFILIATIONS
‚ American Society of Landscape
Architects
‚ Commercial Real Estate for Women
‚ Society for College and University
Planning
AWARDS
‚ 2020 APA Inland Empire, Comprehen-
sive Plan- Large Jurisdiction, Prado
Regional Park Master Plan
‚ 2018 APWA San Diego Project of the
Y ear (Under $2M); ASLA San Diego
Judge’s Letter; Parks, Trails and Recre-
ation; Civic San Diego Southcrest
Trails Park
‚ 2018 APWA San Diego Project of the
Y ear ($6-$25M), USD Paseo de Colachis
‚ 2015 Cabrillo Heights Park and Rain
Gardens, APWA San Diego
‚ 2015 CPRS; 2014 APWA San Diego,
Alga Norte Community Park

CURRENT ASSIGNMENT/COMMITMENT
‚ City of San Diego and City of Oceans-
ide Parks Projects, 50%
‚ City of Palmdale Park Projects, 10%
‚ County of San Diego Dairy Creek Club-
house Project, 5%
‚ MiraCosta College Library, 5%

PERCENT AVAILABILITY FOR CONTRACT
‚ 30%
Brooke Whalen | Principal Landscape Architect
As Principal Landscape Architect, Brooke has a broad range of project experience in all phases of design and construction documentation through construction along with master planning. As a project manag- er, her focus is on maintaining regular client communication. She has experience in meeting budgets and working within tight timelines. She is passionate about creating sustainable spaces that generate commu- nity identity and pride and provide opportunities for social interaction.

Through her designs, she is an advocate for getting families and commu- nities outside to move.

CITY OF PALMDALE SAM YELLEN PARK
Principal landscape architect overseeing the development of Phase II of a community park . The project included several public outreach events result- ing in a grant ready concept plan . The park expands the existing children’s play area, provides new gathering areas with shade structures, includes a large central multi-use field, and incorporates futsal courts . A new commu- nity building with entry plaza as well as a prefabricated restroom was also incorporated into the plan . Plans have been processed through environmen- tal review with an IS/MND and MMRP and are currently in the construction document phase .

CITY OF SAN DIEGO | CIVIC SAN DIEGO SOUTHCREST TRAILS PARK Project manager/landscape architect for the preparation of construction documents for 2 .6 acres of the existing park . Facilitated community work- shops and a community based art installation project . The project is strongly themed to relate to Chollas Creek, which runs through the center of the park, through the selection of site furnishings, signage and play equipment .

Park elements include picnic areas, basketball court, amphitheater and skate plaza . Funding through an Urban Greening for Sustainable Communities required close coordination on plant materials, budget and schedule .

CITY OF LA MESA CITYWIDE PARKS MASTER PLAN
Project manager for a city-wide parks master plan to identify upgrades, expansions and potential additions to the City’s park system for current and future needs of the city and to contribute to the public’s health . The primary goal was to provide recommendations to ensure parks and open spaces are easily accessible by walking or biking, particularly near residential neighbor- hoods . Responsible for a physical site inventory of each of the City’s 14 pub- lic parks, including picnic areas, playgrounds, sports facilities, and parking .

Identified recommendations for park improvements and expansions, as well as funding sources for park improvements .

COUNTY OF SAN LUIS OBISPO DAIRY CREEK CLUBHOUSE
Principal in charge of ADA upgrades to an existing clubhouse facility and a new restroom facility . Upgrades include modified parking lot layout to accommodate accessible parking and access to the existing clubhouse, the new stand-alone restroom and the top tracer golf simulator . The project includes modifications to the existing irrigation and planting, as required, to accommodate new facilities .

ADDITIONAL EXPERIENCE
• City of Palmdale Arnie Quinones Park Master Plan
• City of Carlsbad Alga Norte Community Park
City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 22

YEARS WITH KTUA
‚ 3 Y ears

EDUCATION
‚ B .S . Landscape Architecture, Colorado
State University, 2005

REGISTRATIONS
‚ California Landscape Architect, PLA
6480, exp . 02/2023
‚ 2014 Colorado Landscape Architect
PLA 0001072, exp . 12/31/2022

CURRENT ASSIGNMENT/COMMITMENT
‚ City of San Diego and City of Imperial
Beach Parks Projects, 60%
‚ MiraCosta College Projects, 10%

PERCENT AVAILABILITY FOR CONTRACT
‚ 30%
Jerod Huwa | Senior Associate Landscape Architect
Jerod Huwa specializes in the planning and design of public spaces, park, transportation, and medical/educational campus projects. He enjoys lis- tening to and collaborating with clients to refine design ideas while bring- ing great attention to detail in project management, design, construction documentation, and construction administration. He also specializes in hand rendering and computer productions that help clients visualize proj- ects before they are constructed. Since joining KTUA in 2018 Jerod has been working on a variety of projects including parks in San Diego, Chula Vista, and Imperial Beach, and campus projects at Southwestern College, Mira Costa College, and the University of San Diego He has a passion for improving the built environment and working as a team to create mean- ingful, memorable spaces that connect people to their surroundings.

I just wanted to send a quick
note letting you know how
impressed we all are with
Jerod. I’ve been on a few
different group calls with him,
and we really appreciate how
thoughtfully and collaborative-
ly he balances creativity with
practical concerns.
– Tom Heffernan, AIA, LEED AP,
Managing Director, Principal,
Gensler (San Diego Office)

CITY OF IMPERIAL BEACH VETERANS PARK SPORTS FIELD CONCEPTS Project manager for the conceptual design to revitalize an existing park to include a synthetic turf multi-purpose field, fencing, seating areas for specta- tors, and landscape/irrigation improvements .

PORT OF SAN DIEGO CHULA VISTA BAYFRONT PARKS (SWEETWATER PARK) Landscape architect . Took the lead role in designing and detailing the Adventure Playground and helped guide the construction detailing effort for numerous site items including pedestrian bridges, wooden boardwalks, monument signage, and decorative hardscape inlays . Additionally, led the area takeoff/cost estimating effort, working closely with the team’s cost estimator to help ensure the project stayed within budget .

PORT OF SAN DIEGO, CHULA VISTA BAYFRONT STREET DESIGN MANUAL Landscape architect responsible for reviewing existing controlling doc- uments in order to help generate and refine the Street Design Manual content . Developed graphics, exhibits, and tables for the manual to better communicate key design ideas . Managed the overall KTUA planning effort and coordinated technical street design information with numerous City of Chula Vista and Port of San Diego departments and staff members . Deliv- ered presentations of the Street Design Manual to advisory boards and the City of Chula Vista and Port of San Diego staff .

CITY OF SAN DIEGO SANTA CLARA POINT IMPROVEMENTS, PLAYGROUND AND COMFORT STATION Project manager/landscape architect for the site, playground, and landscape design that revitalized an existing City of San Diego playground facility . Mis- sion Bay, which surrounds the site, provided inspiration for the fluid, water like forms and cool, ocean-infused playground colors .

UNIVERSITY OF SAN DIEGO HOGAN TENNIS FACILITY
Project manager/landscape architect for the redesign of the existing tennis facility in the Spanish Renaissance style including a formal staircase and entry plaza, circulation upgrades including ramps and stairways, seating areas, nu- merous walls and railings, decorative paving, and landscaping improvements .

Jerod’s career experience includes streetscapes; and over 25 different parks sites as a public sector Park Planner, and over 25 additional park projects while working as a Landscape Architect in the private sector.
02 | staffing & organization |
City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 23

YEARS WITH KTUA
‚ 33 Y ears

EDUCATION
‚ B .S . Ornamental Horticulture Landscape
Irrigation, Cal Poly Pomona, 1987

REGISTRATIONS
‚ Certified Irrigation Designer #45519 -
Commercial, Irrigation Association

AFFILIATIONS
‚ Irrigation Association
AWARDS
‚ 2020 APWA San Diego State University
ENS 700 Field Project of the Y ear Parks
($2-$5M category)
‚ 2018 ASLA San Diego, Judge’s Letter,
Parks, Trails and Recreation; APWA San
Diego, Project of the Y ear (Under $2M),
Civic San Diego Southcrest Trails Park
‚ 2017 APWA San Diego; ASCE San
Diego; Circulate San Diego Connectivity
Award, City of San Marcos Armorlite
Drive Complete Streets Plan
‚ 2015 APWA San Diego, Cabrillo Heights
Park and Rain Gardens

CURRENT ASSIGNMENT/COMMITMENT
‚ San Diego Unified School District Play
Structure Project, 15%
‚ City of San Diego Park Projects, 50%

PERCENT AVAILABILITY FOR CONTRACT
‚ 35%
Bernard Everling | Irrigation Design Manager
Bernard Everling is a Certified Irrigation Designer . He is involved with design, construction management, water budgets, maintenance guides and irriga- tion scheduling of landscape irrigation systems for government, municipal, commercial and residential projects . Bernard is responsible for the prepa- ration of plans, specifications and estimates for new systems and retrofit and upgrade of existing systems . His experience includes irrigation master planning, field analysis, data collection and feasibility studies, alternative water source feasibility studies . Bernard also researched and helped estab- lish guidelines for water audits, irrigation scheduling and recycled water use .

His background in ornamental horticulture gives him a firm understanding of plant needs for effective irrigation system design .

CITY OF CHULA VISTA OTAY RANCH PARK, P-2 (GROVE PARK)
Project irrigation design manager for the development of recycled water irrigation construction documents, cost estimate, bid support and construction support for a new 7 .2 acre park site within a developing neighborhood . The park includes landscape irrigation in and around bioretention basins, picnic areas, live turf playfield, and restrooms . Responsibilities included coordination with the architect, landscape architect, civil engineer, electrical engineer, de- veloper, the City of Chula Vista, Otay Water District and the San Diego County Department of Environmental Health .

CITY OF SAN DIEGO CAÑON STREET PARK
Project irrigation design manager for a small, passive, linear 0 .7 acre pock- et park for the City of San Diego . Scope of work included preparation of irrigation construction documents, including cost estimate for landscape areas along access paths through the park, native California coastal garden, children’s play area, small lawn area, and public artwork . Coordinated with the landscape architect, civil engineer, electrical engineer, and the City of San Diego Park and Recreation Department .

CITY OF SAN DIEGO NORTH PARK MINI-PARK
Irrigation design manager for a new 0 .75-acre park in the heart of North Park’s Main Street area . The design of the park includes seating and picnic areas, as well as a multi-use urban plaza with permanent and temporary stage areas available for community events and the expansion of the farm- ers market . Creative children’s play elements, integrated wayfinding spires and a curved North Park identity wall with 6-foot-tall concrete letters contrib- ute to this activated urban park .

SAN DIEGO STATE UNIVERSITY STUDENT FIELD/ASSOCIATED STUDENT SOCCER FIELD Irrigation designer responsible for the preparation of construction docu- ments and construction management for a fenced 1 .5 acre synthetic turf field, perimeter landscape and restroom . Coordinated with design team and design build contractor throughout project development and construction to provide high efficiency irrigation and field maintenance washdown facilities for a savings of an estimated one million gallons of water .

TORREY PINES GOLF COURSE - NORTH COURSE, LA JOLLA, CA
Irrigation design manager for the renovation of the Torrey Pines North Course to reconfigure the golf course and conserve water by removing large areas of turf and replanting the areas with native shrubs . Responsibili- ties included design guidance to the design team and quality control review of construction documents .
02 | staffing & organization |
City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 24 Josef Gutierrez | Project Manager | Associate Landscape Architect With a passion for therapeutic landscape design, Josef is focused on creat- ing meaningful spaces for all people. Utilizing an evidence based approach, Josef believes site design can create a positive lasting effect on human well-being. His Master’s education at Kansas State University has allowed him to explore its design application in a variety of environments, such as urban parks and university campuses, as well as its design communication, through hand and digital media. As an Associate Landscape Architect, Josef remains dedicated to bringing this type of impact to all users through design.

He is highly proficient with AutoCAD, ArcGIS, SketchUp, and Microstation.

CITY OF SAN DIEGO NORTH PARK MINI-PARK
Project manager/landscape architect responsible for the management of the construction of the new 0 .75-acre park in the heart of North Park’s Main Street area . Handled the day-to-day coordination of the project with the City and the contractor . This included leading the communication efforts for all RFIs, submittals, meetings, walkthroughs and other items that came up in the field . Also helped facilitate the smooth construction of several design fea- tures of the park that were more custom in nature, such as the metal wayfin- ding elements and the North Park monument wall .

CITY OF CHULA VISTA OTAY RANCH PARK P-2 “GROVE PARK”
Project manager/senior designer currently working with the City of Chula Vis- ta and Baldwin & Sons on the preparation of a new 7 .2-acre park site in Otay Ranch Village 2 . Responsibilities include facilitating community workshops, developing/refining a conceptual plan and preparing construction docu- ments . The park amenities include a multipurpose field, two basketball courts, two lighted tennis courts, a restroom/maintenance building, shaded picnic seating areas, open lawn areas, site furnishings and shaded play structures for children of different ages and abilities . Project scope also included project theming, cost estimating, bid support and support throughout construction .

CITY OF PALMDALE SAM YELLEN PARK
Project manager/senior designer . Facilitated two workshops with the City of Palmdale to develop a master plan design for the park . Landscape Mas- ter Plan, CUP and Construction Documents for development of Park . Park elements include: multi-use lawn area, community center, parking lot, futsal courts, trails, fitness stations, picnic areas .

CIVIC SAN DIEGO SOUTHCREST TRAILS PARK
Senior designer for the re-development of 2 .6 acres of the existing park .

Project responsibilities included day-to-day coordination with client/subconsul- tants, supporting community workshops, and preparation of construction doc- uments . New park improvements included a new walking trail, picnic areas, basketball court, amphitheater and skate plaza .

CITY OF SAN DIEGO TAFT JOINT USE PARK
Project manager/senior designer for the City of San Diego joint use park at Taft Middle School . The project develops 4 .75 acres of the school’s existing multi-use field to be accessible to both the school and community . Project responsibilities include: day-to-day coordination with client/subconsultants, project submittal to DSA (Division of the State Architect), preparing and de- veloping site concept, and preparation of construction documents .

YEARS WITH KTUA
‚ 8 Y ears

EDUCATION
‚ M . Landscape Architecture, Kansas
State University

REGISTRATIONS
‚ 2014 LEED Green Associate
‚ CA PLA 6513, exp . 42023

AFFILIATIONS
‚ American Society of Landscape
Architects
AWARDS
‚ 2021 APWA (Structures $6-$25M) Hon-
or Award, San Diego City College Early
Education Center

CURRENT ASSIGNMENT/COMMITMENT
‚ City of Calexico Herber Park, 30%
‚ City of Palmdale Park Projects, 10%
‚ Irvine Animal Care Facility, 20%

PERCENT AVAILABILITY FOR CONTRACT
‚ 40%
02 | staffing & organization |
City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 25

YEARS WITH KTUA
‚ 7 Y ears

EDUCATION
‚ B .S . Landscape Architecture, Cal Poly
San Luis Obispo

REGISTRATIONS
‚ 2018, California Landscape Architect
PLA 6396, exp . 8/31/22
‚ Certified Playground Safety Inspector
(CPSI) #50783-0424 exp . 4/2024

AFFILIATIONS
‚ American Society of Landscape
Architects
AWARDS
‚ 2021 APWA Port of San Diego Chula
Vista Bayfront Sweetwater Bicycle Path
and Promenade (Parks $2-$5M) Honor
Award
‚ 2020 APWA Sweetwater Bike Park
Project of the Y ear - Parks (less than $2
M category)
‚ 2020 APA Inland Empire, Comprehen-
sive Plan- Large Jurisdiction, Prado
Regional Park Master Plan
‚ 2020 APWA SDSU ENS 700 Field Proj-
ect of the Y ear Parks ($2-$5M category)
‚ 2020 APWA Ocean Beach Street
Access Honor Award, Parks ($2-$5M
category)
‚ 2020 CMAA San Diego, Public Works
Less than $15 M, Ocean Street Beach
Access Improvements
‚ 2018 ASLA San Diego, Judge’s Letter,
Parks, Trails and Recreation; APWA San
Diego, Project of the Y ear (Under $2M),
Civic San Diego Southcrest Trails Park

CURRENT ASSIGNMENT/COMMITMENT
‚ Port of San Diego Chula Vista Bayfront
Parks Projects, 40%
‚ City of Oceanside Park Project, 30%

PERCENT AVAILABILITY FOR CONTRACT
‚ 30%
Stephen Nunez | Project Manager | Associate Landscape Architect Stephen is a skilled associate landscape architect at KTUA with experience working on a variety of projects including housing projects, public parks, transit oriented projects, and visual impact assessments. His educational background at Cal Poly provided him with a special appreciation for the bio-diversity found in the state of California as well as a good understanding of the unique limitations presented by it. Stephen’s interest in art and natural systems combined with his grasp of digital and traditional media have al- lowed him to make unique contributions during conceptual design generat- ing and visualizing possible solutions, and producing project simulations.

PORT OF SAN DIEGO CHULA VISTA BAYFRONT SWEETWATER BICYCLE PATH AND PROMENADE Prepared final construction drawings for the Sweetwater Promenade, a multi-use bike and pedestrian trail designed to connect the RV Resort to the future planned Sweetwater and Harbor Park improvements . This was the first major improvement outside of the RV Resort project to be constructed in the bayfront area and marked the beginning of the new developments planned for the Chula Vista Bayfront . The promenade was designed as an asphalt path with porous concrete shoulders to allow stormwater filtration with a decomposed granite pedestrian trail adjacent . In some sections the decomposed granite trail breaks away from the asphalt multi-use path pro- viding a separated pedestrian experience .

PORT OF SAN DIEGO CHULA VISTA BAYFRONT PARK - SWEETWATER PARK Landscape designer . The Sweetwater Park is the extensive 28-acre bayfront park planned to sit adjacent to the Sweetwater Promenade project . More passive than its more urban-flavored counterpart, Harbor Park, Sweetwater The park provides an expansive pedestrian trail system, bay overlooks, nat- uralistic play areas including a dune system, meadow, and an adventure and nature playground . Worked with the project architect in a series of charrettes to prepare schematic concepts for the interpretively-themed restroom com- fort station . The all-native plant palette proposed for the park highlights the native plant communities endemic to the area including coastal sage and maritime succulent scrub, dune and meadow/grassland habitats . To protect existing coastal salt marsh habitat along the bayfront edge, an environmen- tal buffer and fencing system was implemented to limit access and prevent encroachments .

CITY OF LA MESA MACARTHUR PARK OPPORTUNITIES AND CONSTRAINTS STUDY Senior designer for MacArthur Park Opportunities and Constraints docu- ment that examined existing programmatic elements provided within the park boundaries . Responsibilities included preparation of a summary of the existing program provided by each major existing site feature for use in the opportunities and constraints document .

CITY OF SAN DIEGO NORTH PARK MINI-PARK
Senior designer involved in the final design and creation of construction drawings for an urban park behind a historic theater building . Assisted with creation of 3D Sketchup model illustrating the final built condition of the park as well as in the production of the demolition plans, construction plans, and planting plans . The park design accommodated a musical theme, community input, theater operational requirements, multi-use functionality to allow for farmer’s markets and other events, and city safety and visibility concerns . 02 | staffing & organization |
City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 26

YEARS WITH KTUA
‚ 2 Y ears

EDUCATION
‚ B .S . Landscape Architecture, California
State Polytechnic University, Pomona,
2007

REGISTRATIONS
‚ California Landscape Architect, PLA
6280, exp . 10/31/2023

AFFILIATIONS
‚ American Society of Landscape
Architects
AWARDS
‚ 2020 San Diego Green Building
Council, Unbuilt Most Efficient EUI Merit
Award, Southwestern College Land-
scape
Nursery Technology Center

CURRENT ASSIGNMENT/COMMITMENT
‚ San Diego Unified School District Play
Structure Project, 25%
‚ City of San Diego Park Projects, 20%
‚ Southwestern College Projects, 10%

PERCENT AVAILABILITY FOR CONTRACT
‚ 45%
Matt Clemens | Project Manager | Associate Landscape Architect Matt Clemens is a California licensed Landscape Architect and recently joined KTUA as an associate landscape architect. Matt has worked in the field of landscape architecture since 2007. He has designed and managed projects ranging from small to large scale including private development, public works, and projects on college campuses. His responsibilities in- clude conceptual design, presentation graphics, peer review, project man- agement, coordination with the design team and the development of CAD drawings. Matt’s experience also includes 3D design, photo-simulation graphics, hardscape design, irrigation design, planting design, budgetary cost assumptions and construction administration.

CITY OF SAN DIEGO MARCY NEIGHBORHOOD PARK
Landscape architect . The project, located within the University Community Planning area of the City of San Diego, will replace and expand the play- ground . Responsible for managing coordination with the City of San Diego and leading the design consultant team and design of the project .

CITY OF SAN DIEGO SAN YSIDRO ACTIVITY CENTER
Landscape architect . The 0 .35-acre Community Activity Center facility design includes new playgrounds, a new parking lot and site updates for accessibility . Responsible for managing the coordination with the City of San Diego and has leading the design consultant team and the site design .

SOUTHWESTERN COLLEGE - LANDSCAPE NURSERY TECHNOLOGY CENTER AND SOUTH BAY BOTANI-

CAL GARDEN
KTUA was prime consultant for the project . Matt joined the team after sche- matic design and evolved the design drawings through DSA approval . Matt was integral in coordination between sub-consultants and providing presen- tations to the district . The project included the design of an approximately 5 acre South Bay Botanical Garden, including specimen tree preservation, salvage, and transplanting and multiple unique garden planting theme de- signs such as native plant areas, a formal garden, a succulent/desert garden, a subtropical area, an urban farm, outdoor classroom laboratories, a cen- tral quad gathering space, an event plaza, an outdoor barbecue area, and green walls . The project began with schematic design and a project master plan developed through four community workshops with the LNT stakehold- ers, including teachers and students, maintenance workers, students, and community members .

SOUTHWESTERN COLLEGE DATA CENTER/IT BUILDING
Project manager/landscape architect providing conceptual design through construction documents . The space includes a large quad which functions as an inclusionary space to accommodate a variety of activities and groups .

The design provides flexible, dynamic areas that can easily evolve as the college finds opportunities and acts as a social gathering space . The site includes a mix of sun and shaded seating opportunities, includes amenities with opportunities to connect, recharge or unplug, is poised for small group outdoor classroom, and includes a flat lawn for freeplay, small concert, mov- ies, or larger campus events . The site also addresses stormwater require- ments and provides emergency access that is carefully integrated into the landscape .
02 | staffing & organization |
City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 27 03 | DEtailED WorK plan |

PHASES/TASKS APPROACH ELEMENTS DELIVERABLE

MASTER PLAN

ANALYSIS AND

RESEARCH
Goal: identify and review all existing and new data to establish the baseline for future phases of the project.

Delivery, Lessons Learned & Cost Savings: We’ve learned that a foun- dation built on analysis and research helps with long-term project success as it helps identify key items or issues early in the process, offering project savings.

Technical/Management Solutions: We may encounter missing or outdated information during this process; however, Ktua has staff in the area to help with any in-person obtainment along with gis and technical staff that may help gather digital information.

Critical Path Activities: start gathering resources early and identify where data gaps may occur.
• site survey/topographic
mapping/boundaries
• Base map (utilities, etc.)
• circulation, land use, views
• Historical, environmental
and cultural data
• soils/geotechnical data
• applicable codes, regula-
tions and guidelines
• stakeholder contact infor-
mation
• Base map and survey
• summary of existing
data and data gaps
• site analysis plan
• opportunities and
constraints plan
• Meeting agendas
and minutes

ALTERNATIVES

ANALYSIS
Goal: identify additional issues, generate programming guidelines, and refine proposed alternatives.

Delivery, Lessons Learned & Cost Savings: We’ve learned exploring alternatives early helps establish consensus. We can cater our approach to fit project budget needs.

Technical/Management Solutions: going through alternatives analysis may take time; however, we believe this helps in the long run and can quickly develop alternatives for consideration.

Critical Path Activities: Establish appropriate review time to fully explore and identify appropriate alternatives.
• public/agency workshops
• program identification
• adjacency/compatibility
studies
• alternative plans
• cost estimates for alterna-
tives
• preferred alternative
plan

MASTER PLAN

RECOMMENDATIONS
Goal: provide ample detail and ensure smooth transition from planning to design implementation.

Delivery, Lessons Learned & Cost Savings: We’ve learned that the Master plan works best when a thought-out process is agreed upon and implemented, providing savings.

Technical/Management Solutions: We use innovative tools to help develop a thorough Master plan document.

Critical Path Activities: Having analysis and research, alternative analysis and community engagement done in a timely manner ensures successful implementation.
• refinement of preferred
alternative
• sections and sketches, mate-
rials board
• 3-D models
• client/design meetings
• Master plan and
supporting doc-
umentation, cost
estimates

COMMUNITY ENGAGEMENT
Goal: gather input and identify issues from residents, visitors, users, and other stakeholders interested in the project.

Delivery, Lessons Learned & Cost Savings: We’ve learned that using 3D graphics and other easily interpreted graphic tools helps translate the design to various communities, offering equity through the engagement process. furthermore, we can deploy interpretation services and tools to help make community engagement effective and efficient.

Technical/Management Solutions: When needed, the format of engage- ment will be customized to reach as many stakeholders as possible and responsive to their needs.

Critical Path Activities: community engagement may not be needed for every project or task. Ktua will identify the appropriate level of involve- ment with the city.
• social and traditional media
• online surveys
• pop-up workshops
• open house events
• presentations
• site tours
• stakeholder interviews
• focus groups
• community
engagement plan
• results of commu-
nity engagement
process
• generate alter-
natives if before
master plan
The table below and on the following pages discusses the general approach KTUA takes on our landscape architecture projects . The process is very similar whether the project is a streetscape, trail, park or other public facility and will be adjusted based on the City’s needs and the project type .

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 28

PHASES/TASKS APPROACH ELEMENTS DELIVERABLE

SCHEMATIC PLAN
Goal: indicate specific project areas necessary to convey the master plan design intent.

Delivery, Lessons Learned & Cost Savings: We’ve learned that graphic clarity helps communicate design intent to the city and community, allowing for time savings.

Technical/Management Solutions: We’ve found that working out various technical items within a schematic plan helps the project transition to DD and cD deliverables.

Critical Path Activities: Establishing a clear understanding of the needed items in the schematic plan is critical.
• Mitigation measures
• stormwater
management
• aDa accessibility and lEED
assessment
• client/design meetings
• cptED principles
• 15% plans in elec-
tronic format
• cost estimates
• Meeting
agendas and
minutes

DESIGN DEVELOPMENT & CONSTRUCTION DOCUMENTS
Goal: refinement of the schematic plan to locate and describe materials, equip- ment, project systems, and types of construction as may be appropriate. the construction document phase will assemble all the plans, details, and specifications for the purpose of permitting, bidding, and constructing the project. this would also include any subconsultants if required, and will include coordination of other consultants/divisions of work.

Delivery, Lessons Learned & Cost Savings: We’ve developed various Qa/Qc protocols to ensure that the final product is thorough, accurate, and detailed. the team has used various tools to enable project design and management. We’re flexible in the delivery method and frequency to help reduce cost and provide a successful product.

Technical/Management Solutions: understanding the project technical challenges early and having good communication with the city and other consultants will enable Ktua to solve technical items through the DD/cD phase.

Critical Path Activities: Delivering thorough progress sets will help to en- sure that the team moves forward without causing major delays. We will ensure progress sets include the ample information to allow appropriate review.
• site plan and circulation
systems (vehicular/ped)
• fencing and site security
• planting and irrigation
• lighting and utilities
• grading, drainage, hydrol-
ogy, stormwater pollution
prevention plan
• site furnishings and signage
• Building footprints and
elevations
• site sections, elevations,
sketches, material boards
• Maintenance standards and
recommendations
• phasing
• client/design meetings
• 35% plans, spec-
ification outline,
and estimates in
electronic format
• 50% and 100%
plans, specifications
and estimates
• Meeting
agendas and
minutes

CONSTRUCTION ADMINISTRATION

BIDDING /

NEGOTIATIONS
Goal: assist client in the advertisement of the project for bid, analysis of bids, and selection of qualified contractor.

Delivery, Lessons Learned & Cost Savings: We can help with bidding and bid negotiations. We’re always available to help respond to contractor rfis and can assist in the preparation of addenda as needed. We are also available to help review bids and assist in awards based on our industry experience. our experience and bid data on other projects will help for this task and may offer some savings to the city.

Technical/Management Solutions: We are able to assist with bidding and have found that providing addenda and other exhibits to further clarify bid documents helps to make this process go smoothly.

Critical Path Activities: During the bidding process, it’s critical to respond quickly and provide additional clarity where needed to eliminate any delays or further addenda.
• respond to contractor
questions
• assist in preparation of
addenda
• review bids and award
• contractor selection
03 | DEtailED WorK plan |
City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 29

PHASES/TASKS APPROACH ELEMENTS DELIVERABLE

CONSTRUCTION

ADMINISTRATION
Goal: to have responsive on-site review of construction and to allow for seam- less implementation from construction documents to built projects.

Delivery, Lessons Learned, & Cost Savings: We have learned that ca is critical in the quality assurance of a project and having landscape archi- tectural staff available to walk the site will help in design implementation.

We are familiar with industry leading technology including procore and other tools, allowing for efficiency and cost savings.

Technical/Management Solutions: We also have industry technicians that can help with irrigation, planting, soil/agronomics, and other techni- cal tasks to help identify and solve issues that may arise in the field and document them for project clarity and reporting.

Critical Path Activities: Having local staff in santa Maria will enable us to quickly respond to in person meetings, project walks, or other requests, allowing us to be at a site or in a meeting within minutes. • review submittals/shop
drawings/lab tests
• site observations/reports/
meeting minutes (construc-
tion, pre-maintenance and
final walk-throughs)
• site meetings
• respond to requests for
information
• review pay requests
• project recommendations/
acceptance
• review
submittals
• site observations
and reports (con-
struction, pre-main-
tenance and final
walk-throughs)
• site meetings
• respond to rfis

AS-BUILT

DRAWINGS
Goal: Document final construction.

Delivery, Lessons Learned & Cost Savings: We are proficient in autocaD and can produce drawings in caD format and can upload to procore or other desired services which we’ve learned allows for smooth project documentation and clarity, ultimately leading to cost savings.

Technical/Management Solutions: often times, as-built drawings are difficult to obtain and/or data is lacking. We are able to walk the site and record the data to help confirm changes that may have occurred.

Critical Path Activities: We are able to gather data during site visits and reporting allowing for speedy as-built drawing support. • review contractor provided
as-built plans and specifi-
cations, including revisions
made
• final construction
drawings to agency

REPORTING
Goal: Monthly documentation to satisfy all grant/funding reporting require- ments.

Delivery, Lessons Learned & Cost Savings: We excel in clarity and have learned that establishing a clear method for providing monthly updates on schedule, budget, milestones, invoicing, and reports helps keep the project moving smoothly while providing time and cost savings.

Technical / Management Solutions: We use Deltek Vision which allows clear reporting, billing, and invoicing throughout the project.

Critical Path Activities: Having clarity in management and reporting early will lead to success throughout the project and may help expedite reporting activities.
• schedule
• Budget
• project milestones
• next steps
• issues/resolutions
• Monthly
summary report
• consultant invoicing
03 | DEtailED WorK plan | 03 | DEtailED WorK plan |
City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 30 Community Engagement for the 21st Century

PREFERENCES/PRIORITIES
Story Maps, Open Surveys,
Statistically-valid Surveys,
Intercept Surveys

OPEN MEETINGS
Public Meetings, Work-
shops, Charrettes, Virtu-
al Presentations

OPTIMIZE COMMUNICATION
Mobile platforms, video
conferencing, social
media platforms

TARGETED MEETINGS
Focus/User/Stakeholder/
Advisory Groups, Round-
tables, Listening
Sessions

DIGITAL COMMUNICATION
Websites, Social Media,
Press Releases,
Email Blasts,

ON-SITE/IN-COMMUNITY
Pop-up Events, Community
Events, Walk/Roll/Bus
Tours, Site Tours

TOOLS FOR

EQUITABLE
ACCESS

COMMUNITY OUTREACH APPROACH
There is a need now more than ever for innovative, flexible and effective in-person and remote systems of engagement.

KTUA is equipped with powerful “tools for equitable access” to provide meaningful and useful input from communities throughout California. This trend will continue into the future and we have worked to increase our digital toolkit to provide fun, engaging, and far-reaching methods. Our commitment to equal representation and maximizing participation within a community has driven us to explore various techniques to reach all portions of a community.

Creating a forum for discussion, gaining the trust of the stakeholders and sharing information of value with them will result in project success.

An open mind, strong listening skills, and clear, concise information are key to this process. Understanding the best communication tools to encourage participation from our target audience is crucial and these tools from project to project. No matter how much time and budget is allocated to the team to spend time on-site, site users will be more familiar with the project and environment than we are, and we feel that this input is ben- eficial to develop community supported solutions.
03 | DEtailED WorK plan | Community Engagement03 | DEtailED WorK plan | Community Engagement City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 31

POWER OF ENGAGEMENT

INCLUSIVE COLLABORATIVE INFORMATIVE FUN EASY
all ages
all abilities
all stakeholders
all interests
all ideas
all voices
public meetings
stakeholder meetings
1-1 interviews
advisory groups
focus/user groups
formal presentations
project website
social media
newsletters
door hangers
press releases
public announcements
community events
site tours
walk/roll/bus tours
tactical urbanism
pop up events
farmers markets
online maps/comments
survey instruments
24 hour access
virtual meetings
multi-lingual
family -friendly
“As a community representative, I have had the pleasure of working with KTUA on two particularly lengthy and sometimes contentious projects. On both projects, the KTUA team has done an outstanding job of taking input from sometimes angry and challenging citizens and distilling it into a comprehensive report or table. Throughout each project, I was repeatedly impressed by their ability to collect and compile masses of data and diverse, often conflicting, opinions into easily understandable charts, tables, diagrams, graphs and conceptual representations that were always made available well in advance of a subsequent public workshop or hearing.

It has long been clear to me that KTUA is not interested solely in doing a job but in doing each job in ways that will most benefit the community or communities of which they themselves are a part.” Judy Swink, Community Representative
» Involve stakeholders early.
» One person, one vote, one voice - don’t
let a few take over.
» Address the issues, especially the diffi-
cult ones.
» Build recommendations from the ground
up and show how decisions were made.
» Utilize a logical and sequential deci-
sion-making process to gain commit-
ment and identify decisions and actions.
» Listen, process, present with clarity,
adjust and seek alignment.

KTUA GUIDING PRINCIPLES CLIENT | COMMUNITY COMMENTS
250
KTUA
Outreach
Projects
538
Chula Vista Bayfront Parks Online Comments
6 In-house
multi-lingual staff
(translation | Interpretation)
03 | DEtailED WorK plan | Community Engagement
City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 32 03 | DEtailED WorK plan | Approach to Managing Resources | Quality and Budget Control

KTUA QUALITY CONTROL METHODOLOGY
Data Collection
Plan Check
Concept Phase
Design Development Phase
Construction Document Phase
Consultant Drawings
ADA Requirements
Schedule Review
Bid Documents Issue for Bidding
Environmental RequirementsProject Goals, Objectives
Community Engagement
Regulatory Requirements
Cost Estimates Client/Agency Review
Plan CheckSchedule Review Cost Estimates Client/Agency Review Plan CheckSchedule Review Cost Estimates Client/Agency Review Principal involvement in our projects ensures that the design integrity is upheld, while the project meets all applicable codes, restrictions and regulations. KTUA delegates assignments to staff with the necessary experience that meets the project requirements and/or assure that those tasked with the project are trained effectively. KTUA has a written Quality Control Plan with specific procedures that are supervised by the principals (QC manager) to ensure completeness, accuracy, well-coordi- nated and complete documents and compliance with applicable regulations, codes and guidelines.

THE GOALS OF THE QUALITY CONTROL PLAN ENSURE THAT:
• Work products meet and exceed the requirements of the contract scope of work. • Submittals are free of errors, therefore allowing a more thorough review of the content instead of the format of the submittal.
• Project conflicts (such as utilities) are identified early to avoid future changes. • Subconsultant information is coordinated and reviewed at each submittal phase. • Project requirements and objectives are met while environmental and social resources are protected or enhanced. • Project implementation is cost effective and efficient. • Risk and liability are minimized.

Cost Control and Quality Assurance
KTUA places special importance on cost constraints and seeks to ensure clients that project budgets, capital improve- ment costs and long-term maintenance costs are reasonable and realistic. The firm is well versed in the successful im- plementation of designed elements. This experience permits realistic design and cost analysis, leading to the completion of the project within established budgets. KTUA makes every effort to fully understand the scope of each project during project negotiations to arrive at a reasonable fee for professional services. The firm has a history of requesting change orders and modifications only upon the client request of scope modifications or additions.

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 33 04 | fEE proposal/ratE sHEEt
1 . Hourly rates include provisions for normal overhead costs including fringe benefits, office rental, utilities, insur- ance, clerical services and equipment .
2 . Reproduction, blueprinting, long distance telephone calls, travel outside of San Diego County, soil testing and other non-labor direct costs are billed at cost plus 15% . 3 . Mileage outside of San Diego County will be billed at the approved IRS rate . 4 . Rates are valid through December 31, 2022 .

Job Category Standard Rates Staff Positions
Principal II $185 .00 Senior Principal
Principal I $175 .00 Brooke Whalen, Chris Langdon
Sr Associate II $165 .00 Bernard Everling
Sr Associate I $155 .00 Staff
Associate II $135 .00 Jerod Huwa, Matt Clemens
Associate I $125 .00 Stephen Nunez, Josef Gutierrez
Sr Designer/Planner II $120 .00 Staff
Sr Designer/Planner I $115 .00 Staff
Designer/Planner $105 .00 Staff
Clerical $80 .00 Staff
City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 34 05 | appEnDix | Status of Past and Present Contracts Form

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:

N/A
N/A
KTU&A does not have any past and present contracts during the past five years that ended/will end in termination, settlement, or litigation.

Chris Langdon
Principal
1/13/2022

City of Fullerton | RFQ #4368 On-Call Landscape Architect Services | 35 05 | appEnDix | Section VII Exceptions Form

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:

X
KTU&A 1/13/2022
3916 Normal Street, San Diego, CA 92103
Chris Langdon Principal, Authorized Officer
Michael Singleton, President Mark Carpenter, Secretary
3916 Normal Street
San Diego, CA 92103
3916 Normal Street
San Diego, CA 92103
On-Call Landscape Architect Services
City of Fullerton

EXHIBIT C

CERTIFICATES OF INSURANCE

← All documents from this meeting