071922 PR On-Call Landscape Architect MIG Agreement — City Council - Successor Agency

CITY OF FULLERTON

PROFESSIONAL SERVICES AGREEMENT
WITH
MOORE, IACOFANO, GOLTSMAN, INC.

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 MOORE, IACOFANO, GOLTSMAN, INC. (dba MIG), 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 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 with 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 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 On-Call Landscape Architect Services
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satisfactory; and/or

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” 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 On-Call Landscape Architect Services
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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.

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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.

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 On-Call Landscape Architect Services
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coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administra tion, 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 Employers’ 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.

G. Special Risks or Circumstances. City reserves the right to modify these On-Call Landscape Architect Services
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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 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 On-Call Landscape Architect Services
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regular United States mail.

IF TO CONSULTANT: IF TO CITY:

MIG
109 W. Union Avenue
Fullerton, CA 92832
Attn: Steven Lang, 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.

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, recklessness, 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 misconduct of Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability agains t 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 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 On-Call Landscape Architect Services
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indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

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 t o 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.

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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.

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 servi ces 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 On-Call Landscape Architect Services
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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.

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

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.

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.

2.5. 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

3.2. 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.

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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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.

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.

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.

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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.

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

Page | 25

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.

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]

6.6. 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.

6.12. 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.

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.

Page | 29

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

Page | 30

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

On-Call Landscape
Architecture Services

CITY OF FULLERTON
109 W. Union Avenue | Fullerton, CA 92832
(714) 871-3638 | www.migcom.com
In association with:

BKF Engineers | LRA Engineers
Statement of Qualifications | January 18, 2022

109 W. Union Avenue
Fullerton, CA 92832
P (714) 871-3638
F (714) 871-1188
www.migcom.com

PLANNING / DESIGN / COMMUNICATIONS / MANAGEMENT / TECHNOLOGY / SCIENCE California
Berkeley, Fullerton,
Los Angeles, Pasadena,
Riverside, Sacramento,
San Diego, San Jose,
and Sonoma
Colorado
Denver
Oregon
Portland
Texas
San Antonio
Washington
Seattle
January 18, 2022
City of Fullerton – Purchasing
Attn: Jimmy Armenta, Buyer
303 W. Commonwealth Avenue
Fullerton, CA 92832-1775
Re: RFQ #4368 On-Call Landscape Architect Services
Dear Mr. Armenta and Selection Committee Members,
Please find attached MIG’s Statement of Qualifications in response to RFQ #4368 On-Call Landscape Architect Services. Our full legal name is Moore, Iacofano, Goltsman, Inc. (dba MIG). Our corporate address is 800 Hearst Avenue, Berkeley, CA 94710.

The contact for this proposal is Steven Lang, Principal, 109 W. Union Avenue, Fullerton, CA 92832, [email protected]; telephone 714-871-3638 x4040, FAX 714-871-1188, cell 714-600-0817.

Our subconsultants are: LRA electrical engineers, Cirilo C. Regalado, Jr., firm owner, 1471 Bottlebrush Road, Corona, CA 92880, [email protected], 951-737-4569; and BKF Engineers Surveyors Planners, Bruce Kirby, Civil Engineer, 4675 MacArthur Court, Suite 400, Newport Beach, CA 92660, [email protected], 949-526-8465.

We have received Addenda 1.

This Statement of Qualifications will remain valid for a period of 120 days from the date of the submittal.

I attest that all the information submitted with the proposal is true and correct.

Sincerely,

Steven N. Lang, PLA, ASLA
Principal

CONTENTS
Qualifications, Related Experience,
and References 1
Proposed Staffing/ Organization 5
Detailed Work Plan 16
Fee Proposal 22
Appendices 23
Forms 24
01 City of Fullerton | On-Call Landscape Architecture Services 1 Qualifications, Related Experience,
and References
MIG, Inc., improves, adapts,
and creates organizations,
environments, and tools for human
development. We are a community
of designers, planners, engineers,
scientists, and storytellers who
engage people in creative problem-
solving and collective action. We
believe that the physical and social
environment around us have a
profound impact on our lives, and
this belief shapes the principles that
guide our work:
» Communities can plan their own
futures.
» The world needs an ecological
perspective.
» Great projects work for
everyone.
» Elegant design inspires new
thinking.
» Every project presents an
opportunity to advance racial
and social equity.
» All work must be context driven.

MIG is at the forefront of innovation. We are leading
local, regional, and national planning and design initiatives to ensure accessibility and equity; engage, educate,
and empower people through participatory processes;
facilitate strategy development for social change; create playful and inclusive communities; reimagine streets and repurpose infrastructure; revitalize cities and restore ecosystems; and promote environmental stewardship by
recognizing that the health of the natural and built world is mutually dependent.

Firm Overview
Founded in 1982, MIG has 13 offices in California,
Washington, Texas, Colorado, and Oregon with a diverse
multidisciplinary staff of over 250. MIGʼs California
office locations include Berkeley, Fullerton, Los Angeles, Pasadena, Riverside, Sacramento, San Diego, and San
Jose. MIG’s landscape professionals are accomplished in providing a full range of on-call services including: parks condition assessments; parks/trails master planning;
sports parks; dog parks; skate parks; streetscapes;
playground equipment inspections; feasibility studies;
irrigation design and water audits; opinions of probable cost; schematics and renderings; digital visualizations; reporting and presentations; peer review of PS&Es;
preliminary design; final design PS&Es; public
bidding and construction support services; and post-
construction evaluations. In our 40 years in business,
we have over $1 billion worth of MIG-designed public
improvements in the ground. We bring our firmwide
depth of knowledge and experience to Fullerton
through our local Fullerton office.

Qualifications, Related Experience,
and References 1
Proposed Staffing/ Organization 5
Detailed Work Plan 16
Fee Proposal 22
Appendices 23
Forms 24

Q UALIFICATIONS , R ELATED E XPERIENCE , AND R EFERENCES 2 City of Fullerton | On-Call Landscape Architecture Services MIG‘s history in Fullerton spans nearly five
decades as a successful landscape architecture
firm. MIG became a Fullerton business when it
acquired Purkiss Rose-RSI in 2006. Purkiss Rose
and RSI joined forces in 1991 on Harbor Boulevard.

Recreation Systems Incorporated (RSI) was located
in the Pacific Christian College complex on Nutwood
Ave, while Purkiss Rose was on Chapman Avenue in
the 70’s. Consequently, we are very familiar with the
City, having worked on many municipal and CSUF
projects over the years.

The Fullerton office offers strength and stability
with a management team of 25 years together,
and a staff of 14 including 3 landscape architects, a
biologist, 3 landscape designers, 5 planners, and 2
administrators. As longtime business residents, we
have a genuine interest in continuing to improve
the City’s public landscapes, streetscapes, parks
and trails–all of which significantly contribute to the quality of life that we also enjoy in Fullerton.

Unique MIG Qualities
We think beyond the general landscape core
competencies. We create innovative environments
that:
» Foster a sense of place;
» Contribute to neighborhood and community
identity;
» Promote public safety;
» Facilitate intergenerational recreation
opportunities;
» Promote environmental stewardship and
sustainability;
» Honor the community’s history and natural
environment;
» Meet maintenance and program needs; and
» Support revenue-generating goals when
appropriate.

We take a holistic approach that considers the
project site, surrounding context, connectivity, and
contribution to the greater city landscape character,
making different areas in Fullerton unique and
special. A MIG goal is to find “gold” in every project
– some hidden aspect that sets it apart and can be
enhanced and celebrated in our design. Our proven
expertise and approach, combined with our design
creativity, will produce memorable environments
that provide comfort and safety and encourage
community pride in the high-quality landscapes and
facilities Fullerton offers. Our broad perspective
gives us vision to see design possibilities even in the smaller, more targeted project engagements.

About BKF Engineers
Since 1915, BKF Engineers (BKF) has delivered
inspired infrastructure to its clients. As a result, they have earned their clients’ trust, and thereby their
repeat business. BKF has worked diligently to help
the firmʼs clients achieve their goals and bring their
projects across the finish line.

Through BKFʼs network of 15 offices in California,
they have developed extensive local knowledge that
provides them with a keen understanding of issues
relating to feasibility, permitting, and entitlement
approvals. BKF has provided civil engineering
services on recent MIG park projects, including
Lambert Park in El Monte; Apollo, Golden, Dennis-
the-Menace, and Wilderness Parks in Downey;
Laguna Niguel Regional Park in Orange County;
Olive Bowl/Kaku Park in Lindsay; Layne Park in San
Fernando; and Evers Sports Park in Templeton.

Q UALIFICATIONS , R ELATED E XPERIENCE , AND R EFERENCES City of Fullerton | On-Call Landscape Architecture Services 3 About LRA Engineers
LRA Engineers, formerly Consolidated Engineering,
provides complete electrical engineering and design
services including analysis and cost estimates, field
investigations, energy compliance calculations,
preparation of specifications, reports, and
construction documents. The professional staff of
LRA Engineers has extensive combined working
experience in electrical engineering and design
from office and commercial buildings to parks,
recreational facilities, and street improvements.

They offer their services to clients with maximum
skill along with quality, efficiency, and economy.

LRA has provided electrical design services for
nearly all of MIGʼs southern California projects for
the past 20 years.

Proposal Overview
MIG offers Fullerton a 40-year track record of
working collaboratively with our clients to become
an extension of their staff, producing innovative
designs and plans delivered in a timely and
cost-effective manner. The result of our quality and
cost control measures is that 80% of our clients
return to us for service. We understand the range
of projects that may arise from our on-call contract
with Fullerton. We appreciate and understand the
variety of microclimates, neighborhoods, parks and
commercial areas that make up the rich and diverse
community of Fullerton. We strongly believe that
our extensive portfolio of successful and related
projects and our Fullerton office location only a few
blocks from City Hall will be assets in addressing the
landscape architectural design needs of Fullerton.

Formerly as Purkiss Rose RSI, MIG principal and
senior staff provided landscape architectural design
services for Adlena Park, Amerige Park, Byerrum
Park, Craig Regional Park, Fullerton Arboretum,
Independence Skate Park, Valencia Park, many
projects on the CSUF campus, and the Amtrak
Station in Downtown Fullerton.

Our experience also includes on-call landscape
architectural contracts with various districts,
counties, and municipalities in Southern California
including Orange County Parks, Anaheim,
Westminster, Glendora, Huntington Beach,
Downey, Long Beach, Irvine, Westlake Village, Yorba
Linda, and California State University at Fullerton.

Most of these clients have experienced renovation
needs as popular facilities, constructed decades
ago, are simply “loved to death”. Standards and
requirements have changed with water quality and
conservation measures, accessibility requirements,
increased outdoor use, and new program interests.

Civic parks and public landscapes now warrant
assessments and upgrades. This Statement
of Qualifications describes the experience
and services that MIG is eager to provide our
hometown, Fullerton.

Understanding and Approach
MIG recognizes the challenge Fullerton faces
in continuing to provide quality park and trail
opportunities with continued growing demands for
outdoor recreation in Fullerton. We understand
that your parks and public spaces are often simply
heavily worn from popular use. We expect an
aspect of this contract will be to rehabilitate and
refurbish existing parks and recreation facilities.

To this end, durability and longevity will be
touchstones in our design solutions. We also
understand your performance expectations and
requirements in quality design as well as prompt
project completion in a professional workman-like
manner. We assure you that we will perform with
this professional level and commitment to the City.

The MIG Team is prepared to dedicate its resources
and respond quickly and professionally as a first
priority. We will consider ourselves “an extension of
your staff”.

Q UALIFICATIONS , R ELATED E XPERIENCE , AND R EFERENCES 4 City of Fullerton | On-Call Landscape Architecture Services Familiarity with Applicable Codes and
Procedures
We are familiar with the applicable City standards
and LEED guidelines. We are also extremely familiar
with the Greenbook: Standard Specifications for
Public Works Construction since this document
has governed all our Southern California public
construction projects for decades. We are also
aware of the Fullerton Water Use Efficiency
Standards. With the volume and breadth of
MIG-designed public improvements in the ground,
we can assure the City of our understanding of the
codes and procedures for agency and department
approvals and required permits.

References
Mr John Oskoui
Assistant City Manager, City of Downey
1111 Brookshire Avenue
Downey, CA 90241-7016
(562) 923-6388
[email protected]
Past Projects: Firestone Boulevard Streetscape;
Civic Center Plaza; Independence Park Futsal Courts;
Downtown Downey Monument Signs; City Gateway
Signs; Wilderness, Apollo, Golden, and Dennis-The-
Menace parks renovation
Mr Chad Clanton
Director of Parks & Recreation
Parks & Recreation Services, City of Tustin
300 Centennial Way
Tustin, CA 92780
(714) -573-3332
[email protected]
Past Project: Tustin Veterans Park Master Plan
and CD’s
Pamela Galera, LEED AP, ASLA
Former Parks Manager & Senior Project Manager
Anaheim Community Services
Current Director of Parks, Recreation and
Community Services, City of Riverside
3936 Chestnut St
Riverside, CA 92501
(951) 826-2055
[email protected]
Past Projects: Ponderosa Park Renovation,
Anaheim Coves Ph 1 & 2 Master Plan and CD’s,
Anaheim Urban Greening Plan
Adolfo Ozaeta
Interim Assistant to the City Manager/
Transportation Manager
City of Westminster
8200 Westminster Boulevard
Westminster, CA 92683
(714) 548-3462
[email protected]
Past Projects: Hoover Street Bicycle and Pedestrian
Trail and Mendez Memorial Tribute Plaza,
Westminster
Anaheim Coves
City of Fullerton | On-Call Landscape Architecture Services 5 As principal-in-charge, Steve Lang,
with over 35 years of experience,
will oversee the projects and
represent the firm in contractual
discussions of scope with the City
as well as with subconsultants.

He will participate as necessary
in meetings and presentations
and provide quality control and
quality assurance reviews on all
projects at design milestones
and final submissions. Oscar
Johnson, Senior Landscape
Architect, will be the project
manager and provide day-to-day
contact with City representatives
and project team. Oscar will
coordinate the design from concept
through design development,
construction documents, and
construction support services. His
communication and organization
skills, coupled with 22 years as a
project manager, will provide steady
and strong management.

Oscar will be supported by Melissa Butler, Landscape
Architect with MIG for 6 years, who will assist Oscar
and participate throughout the design process. Holly
De La Torre and Donna Yeung-Gutierrez as Project
Associates will support the design team with expertise
in play area design and planting design. Holly is a
NRPA-certified playground safety inspector with MIG
for 16 years and Donna joined MIG in 2014 and brings
to the team her love and knowledge of plant materials
to solve any horticultural challenges. Our in-house
irrigation design experts include José Leal and Dino
Viale. As a Certified Landscape Irrigation Auditor,
Certified Irrigation Designer, and Landscape Architect
with MIG for 22 years, José will contribute his breath
of knowledge in resource conservation and smart
irrigation.

Dino, as Irrigation Designer for over 20 years, will
provide irrigation plans, technical specifications, and design calculations to meet the specific conditions
of the project sites and Fullerton Water Efficient
Landscape Standards.

Reliable and proven subconsultants that have worked
together on many MIG projects include Bruce Kirby
with BKF Engineers and Reg Regalado with LRA
Electrical Engineers as owner/principal. Both have
worked with MIG staff for over 20 years.

Key personnel from the MIG Team will be available to
the extent proposed for the duration of the project,
and no person designated as "key" to the contract
shall be removed or replaced without the prior written
concurrence of the City.

An organization chart showing the MIG Teamʼs
structure can be found on the next page, and detailed
resumes of team members follow.

Proposed Staffing/ Organization
02 P ROPOSED S TAFFING / ORGANI z ATION
6 City of Fullerton | On-Call Landscape Architecture Services

PROJECT MANAGEMENT

Steve Lang, PLA, ASLA, Principal-in-Charge
Oscar Johnson, PLA, Project Manager

IRRIGATION DESIGN

José Leal
Dino Viale
MIG

LANDSCAPE

ARCHITECTURE

Steve Lang
Oscar Johnson
Melissa Butler
Donna Yeung-Gutierrez
Holly De La Torre
MIG

CIVIL ENGINEERING

Bruce Kirby
BKF

ELECTRICAL

ENGINEERING

Reg Regalado
LRA

PLAY AREA DESIGN

Holly De La Torre
MIG
Team Organization Chart
P ROPOSED S TAFFING / ORGANI z ATION
City of Fullerton | On-Call Landscape Architecture Services 7 Steve Lang is an award-winning landscape architect who has dedicated his career to creating outdoor environments that offer memorable, positive human connections with each other and with nature. His early artistic talents converged with his love for the spaces beyond building walls to forge a 40-year vocation. Steve’s work can be found around schools and sports fields, in forests and downtowns, through plazas and parks, and along streets and waterways. He believes there is a deeper story to every project and he strives to bring it to the surface through interpretation, education, and art. Steve also recognizes and values the lasting impact of his designs. Steve has taken hundreds of projects from a concept on paper to a reality on the ground. His creativity, communication skills, and attentive listening elicit ideas and visions that he translates into conceptual studies, master plans, and construction drawings. Through their engagement in Steve’s design process, clients and communities understand and embrace project goals and challenges; and ultimately, gain a sense of ownership and pride in the final, physical outcomes – outcomes that can last a lifetime.

Selected Project Experience
» Anaheim Coves Phase I and II,
Anaheim, CA
» Apollo, Golden, Dennis-The-
Menace, and Wilderness Parks
Renovation, Downey, CA
» Compton Creek Nature Park,
Compton, CA
» Westlake Village Community
Park, Westlake Village, CA
» Big Bear Valley Pedestrian,
Bicycle and Equestrian Master
Plan, Big Bear Lake, CA
» Long Beach Pine Avenue
Streetscape Improvements,
Long Beach, CA
» Long Beach Transit Gallery,
Long Beach, CA
» Big League Dreams,
Chino Hills, CA
» Ponderosa Park, Anaheim, CA
» Anaheim Downtown
Improvements, Anaheim, CA
Areas of Expertise
» Landscape Architecture
» Master Planning
» Park Design
» Trails and Corridors
» Parks and Recreation
Planning
» Sports Parks
» Streetscapes
Education
» BA, Landscape Architecture,
UC Berkeley
Registrations / Certifications
» Landscape Architect:

CA #1771, NV #461
Professional Affiliations
» American Society of
Landscape Architects
(ASLA)
» California Parks and
Recreation Society
» UCLA Extension Landscape
Architecture Program,
Instructor
Time with MIG
» 30 years
Steve Lang, PLA, ASLA
Principal-in-Charge | MIG Fullerton
P ROPOSED S TAFFING / ORGANI z ATION
8 City of Fullerton | On-Call Landscape Architecture Services Areas of Expertise
» Park Design
» Landscape Architecture
» Project Management
» Parks and Recreation
Planning
» Sports Parks
» Streetscapes
Education
» BSLA, California State
Polytechnic University,
Pomona
Registrations / Certifications
» Landscape Architect:

CA #6481
Awards
» Anaheim Coves – 2014 SCC/
ASLA Quality of Life Merit
Award
» South Beach Promenade
– 2007 SCC/ASLA Merit
Award in Landscape Art
Time with MIG
» 24 years
Senior Project Manager | MIG Fullerton
Oscar Johnson, PLA
Selected Project Experience
» Adlena Park, Fullerton, CA
» Byerrum Park, Fullerton, CA
» Valencia Park, Fullerton, CA
» Craig Regional Park,
Fullerton, CA
» Huntington Beach Pier Plaza
and South Beach Renovation,
Huntington Beach, CA
» Brookhurst Streetfront Median,
Huntington Beach, CA
» Anaheim Coves Phase I and II,
Anaheim, CA
» Beverly Boulevard Streetscape
Improvements, Pico Rivera, CA
» Compton Creek Nature Park,
Compton, CA
» Dills Park Renovation/
Expansion, Paramount, CA
» Firestone Boulevard,
Downey, CA
» Grace Park, Long Beach, CA
» Lincoln Avenue, Anaheim, CA
» Mendez Tribute Monument
Park, Westminster CA
» Parks Master Plan, Irvine, CA
» Ponderosa Park, Anaheim, CA
» Veterans Sports Park at
Tustin Legacy, Tustin, CA
» Westminster 25 Parks Project,
Westminster, CA
Oscar Johnson has always had a passion for drawing and creating, and he’s been fulfilling it as a landscape designer and project manager for two decades. From multimillion dollar sports facilities to intimate neighborhood parks, Oscar has designed and managed construction for a variety of public and private projects throughout California. With his meticulous attention to detail and his dedication to longevity, he develops construction details and design specifications that are cost-effective and can be built to last. He is adept in establishing a camaraderie with clients, colleagues, and contractors to shepherd projects from design to ribbon-cutting. Oscar is proactive in reducing risks and applying new technologies and materials to his designs. He describes himself as “a build-a-better-mousetrap type of person,” who takes the Big Picture and fills in the fine lines. While his work has benefited people in many communities, Oscar particularly appreciates providing physical, mental, and emotional stimulation to children with disabilities through his projects—enabling them to interact with nature and with others.

P ROPOSED S TAFFING / ORGANI z ATION
City of Fullerton | On-Call Landscape Architecture Services 9 Selected Project Experience
» Anaheim Coves, Phase II
Anaheim, CA
» Compton Creek Nature Park
Phase II, Compton, CA
» Westminster Parks and
Recreation Facilities Master
Plan, Westminster, CA
» Anaheim Urban Greening,
Anaheim, CA
» Desiderio Park, Pasadena, CA
» Cerritos East Ballpark
Renovations, Cerritos, CA
» Downey Civic Center Pedestrian
Corridor, Downey, CA
» Yorba Linda LMAD Landscape
Transition, Yorba Linda, CA
» Irvine Parks and Facilities
Master Plan, Irvine, CA
» Cudahy Water Conservation
Park Plan, Cudahy, CA
Melissa Butler is an experienced landscape architect having worked on a variety of design projects ranging from parks and trails to urban and regional planning projects. Melissa is passionate about helping create rich public spaces intended to connect people to one another. Strong in both graphic and written communication skills, she understands the importance of developing a solid vision as well as executable design.

With a background in ecological sciences, coupled with a diverse design and planning portfolio, Melissa harnesses a robust understanding of the role of natural resources in park planning and design. With this expertise, she is thoughtful during the inventory and evaluation phase of parks and facilities, landscape, and natural assets to identify necessary improvements, as well as opportunities for enhancement.

Her unique perspective supports the development of strong recommendations, identifying capital projects and maintenance needs, and concepts for new parks.

Landscape Architect | MIG Fullerton
Melissa Butler, PLA
Areas of Expertise
» Landscape Architecture
» Streetscapes
» Parks Planning
» Sustainable Design
Education
» MLA, California State
Polytechnic University,
Pomona
» AA, Landscape
Architecture, Mira Costa
College, Oceanside
» BS, Biology, University of
Georgia, Athens
Registrations / Certifications
» Landscape Architect:

CA #6410
Time with MIG
» 6 years
P ROPOSED S TAFFING / ORGANI z ATION
10 City of Fullerton | On-Call Landscape Architecture Services Areas of Expertise
» Landscape Design
» Playground Inspection
» Park Design
Education
» BSLA, California State
Polytechnic University,
Pomona
Registrations / Certifications
» LEED Accredited
Professional
» Certified Playground
Safety Inspector, National
Recreation and Park
Association (NRPA)
Time with MIG
» 15 years
Selected Project Experience
» Anaheim Coves, Anaheim, CA
» Beverly Boulevard
Improvements, Pico Rivera, CA
» Big League Dreams Sports
Park, Manteca, CA
» Cerritos Park East, Cerritos, CA
» City of Irvine Landscape Plan
Check Services, Irvine, CA
» Compton Creek Natural Park,
Compton, CA
» Compton Greenleaf Parkway,
Compton, CA
» Del Amo Boulevard Median
Upgrades, Carson, CA
» Fresno Figarden Baseball
Complex, Fresno, CA
» Mesa Marin Sports Park,
Bakersfield, CA
» Perris Valley, Big League
Dreams Sports Park, Riverside
County, CA
» Pico Park, Pico Rivera, CA
» Santee Towncenter Park,
Santee, CA
» Tehachapi Valley Recreation
and Parks District Master Plan,
Tehachapi Valley, CA
Holly De La Torre’s wide interests in landscape architecture coupled with the breadth of projects she has worked on for over 12 years with MIG has led her to be a strong member of the design team. She has gained experience in park design ranging from large sports complexes to community and neighborhood parks and recreational trails. She has participated in projects from conceptual design through construction and knows the importance of complete and definitive construction documents and the value of collaboration through the design and construction process.

As a LEED Accredited Professional and Certified Playground Safety Inspector, Holly’s interest in improving the larger environment and quality of life has been demonstrated in her successful design of streetscapes, parkways, campuses, children's play areas, and most recently dog parks, where ownersʼ interaction and comfort are as important as the canine activity. She has also successfully contributed to public outreach, recreation facility assessments, and park and recreation master plans.

Landscape Designer | MIG Fullerton
Holly De La Torre, LEED AP , CPSI
P ROPOSED S TAFFING / ORGANI z ATION
City of Fullerton | On-Call Landscape Architecture Services 11 Areas of Expertise
» Community Engagement
and Outreach
» Landscape Architecture
» Irrigation Design
» Water Conservation
» Universal Design
» Public Engagement
» Plan Check Review
» Land Use Planning
Education
» BS, Landscape Architecture,
University of California,
Davis
Registrations / Certifications
» Landscape Architect:

CA #5429
» Environmental Protection
Agency WaterSense
Partner, #005124EPA
» Certified Irrigation Designer
(CID)
» Certified Landscape
Irrigation Auditor (CLIA)
Professional Affiliations
» Irrigation Association
Time with MIG
» 23 years
Irrigation Designer | MIG Sacramento
José de Jesus Leal, PLA, ASLA, CID, CLIA
Selected Project Experience
» Almansor Park Improvements,
Alhambra, CA
» Arroyo Community Park,
Davis, CA
» Compton Creek Natural Park,
Compton, CA
» Del Amo Park,
Los Angeles County, CA
» Desiderio Park, Pasadena, CA
» Hal Brown at Creekside Park,
Marin County, CA
» Indio Central Park, Indio, CA
» Indio Neighborhood Parks,
Indio, CA
» Mace Ranch Community Park,
Davis, CA
» Muir Park Renovation,
Sacramento, CA
» Regency Park Playground,
Sacramento, CA
» Vacaville Centennial Park
Master Plan, Vacaville, CA
José Leal has been learning from and experiencing the natural environment since he was a child – whether it was picking avocados or oranges in an orchard or playing outside on the reservation where he grew up. In landscape architecture, he found a path to continuous discovery and a means for connecting people to place, history, and culture. His respect for the land and its resources is evident in his work as a designer and planner, particularly regarding water conservation and sustainability. José’s projects have encompassed everything from public infrastructure to private land use, including neighborhoods, roadways, streetscapes, parks, trails, habitat corridors, schools, museums, and recreation facilities. His Mexican and Native American heritage has inspired José’s fascination with indigenous landscape architecture and how different cultures modified and adapted their environment to survive and live. To José, every project represents an opportunity to build on the collective knowledge of clients, community members, colleagues, and the place itself. His work ethic and tenacity ensure a steady generation of new ideas and solutions while his technical expertise enables him to translate visions into physical form.

P ROPOSED S TAFFING / ORGANI z ATION
12 City of Fullerton | On-Call Landscape Architecture Services Selected Project Experience
» 14th Street Promenade,
San Diego, CA
» Alderwood Mall,
Lynnwood, WA
» Asian Art Museum,
San Francisco, CA
» Cherryland Community Center,
Alameda, CA
» CHP Crescent City,
Crescent City, CA
» Chrissy Field Restoration,
San Francisco, CA
» Del Amo Park,
Los Angeles County, CA
» Desiderio Park, Pasadena, CA
» Gamma Street Park,
San Diego, CA
» Laguna Niguel Regional Park,
Orange County, CA
» Lambert Park - Phase 1 and 2,
El Monte, CA
» National Audio-Visual
Conservation Center,
Culpepper, VA
» Orion Park, Chula Vista, CA
» Salinas Public Safety Center,
Salinas, CA
» San Francisco zoo African
Savanna Exhibit,
San Francisco, CA
» San Francisco zoo Lemur
Exhibit, San Francisco, CA
» Santana Row, San Jose, CA
» Skyline Hill Park, San Diego, CA
» Ventura Community Park,
Ventura, CA
» Villa Monserate Park ADA
Improvements, San Diego, CA
» Wilderness Park, Downey, CA
Dino Viale is a detail-oriented, self-motivated professional in the landscape and irrigation industry. He possesses strong design and construction skills bringing planning and construction together seamlessly. Dino has a passion for water conservation and is constantly striving to create irrigation design solutions that seamlessly fit the unique needs of his projects, creating lasting and cost-effective systems that save water.

Areas of Expertise
» Irrigation Design
» Landscape Design
» Construction
Documentation
Education
» BS, Landscape Architecture,
Polytechnic State
University, San Luis Obispo
Registrations / Certifications
» American Society of
Irrigation Consultants
(ASIC), Professional
Member, Northern CA
Chapter
Time with MIG
» 4 years
Irrigation Specialist | MIG Sacramento
Dino Viale
P ROPOSED S TAFFING / ORGANI z ATION
City of Fullerton | On-Call Landscape Architecture Services 13 Selected Project Experience
» Anaheim Coves Grant
Application, Anaheim, CA
» Anaheim Coves Phase II,
Anaheim, CA
» Compton Seven Parks,
Compton, CA
» Downey I-5 Landscape Frontage,
Downey, CA
» Firestone Boulevard,
Downey, CA
» Lambert Park, El Monte, CA
» Ponderosa Park and Family
Center, Anaheim, CA
» Rancho Del Rio Master HOA,
San Clemente, CA
» South Park,
Hermosa Beach, CA
» Westlake Village Community
Park, Westlake Village, CA
» Westminster 25 Parks,
Westminster, CA
» Westminster Hoover Street
Ped/Bike Trail Improvements,
Westminster, CA
Areas of Expertise
» Landscape Design
» Park Design
» Streetscapes
» Native Plants and Water
Conservation
Education
» BSLA, California State
Polytechnic University,
Pomona
Time with MIG
» 8 years
Project Associate | MIG Fullerton
Donna Yeung-Gutierrez
Donna Yeung-Gutierrez has over 10 years of landscape design experience in a variety of public work projects. Since joining MIG, she has contributed to a wide range of design projects with design and production support from schematic design through construction documents. Donna also uses 3D modeling and graphic programs such as Sketchup and Adobe Suite to create images to assist the client in clearly seeing the design intent of the project. Since receiving the American Society of Landscape Architects Student Award of Excellence in Community Service in 2007, Donna sees the importance of low water-use planting and has worked with various agencies to establish drought-tolerant, California native planting palettes to assist in water conservation and to comply with the Water Conservation Act of 2006 (AB 1881) and the Governor’s Executive Order 29-15.

P ROPOSED S TAFFING / ORGANI z ATION
14 City of Fullerton | On-Call Landscape Architecture Services Electrical Engineer | LRA Civil Engineer | BKF
Cirilo C Regalado, Jr , PE Bruce Kirby, PE, QSD
Cirilo "Reg" Regalado has over 30 years of active
practice in electrical engineering design and
project management. Cirilo has extensive electrical
engineering design experience for projects such as
public schools, commercial and industrial buildings,
community and senior centers, parks, recreational
facilities, and street improvements.

Education
» BS, Electrical Engineering, Mapua Institute of
Technology, Manila, Philippines
Registration
» Professional Engineer: CA #E16914
» PEE: Republic of the Philippines #1044
Selected Project Experience
» Admiral Kidd Park, Long Beach, CA
» Allendale Park Lighting Project, Pasadena, CA
» Anaheim Coves, Anaheim, CA
» Arroyo Park, South Pasadena, CA
» Big League Dreams, Chino Hills, CA
» Canyon Rim Park, Anaheim, CA
» Central Park, Santa Clarita, CA
» Compton Greenleaf Parkway, Compton. CA
» Costa Mesa Bark Park, Costa Mesa, CA
» Riverdale Park, Anaheim, CA
» Redding Soccer Complex, Redding, CA
» Singer Park Walkway Lighting Improvements,
Pasadena, CA
Bruce Kirby has been involved in land
development site engineering and is a
professional engineer that has directed the design
of many civic, recreational, healthcare, industrial,
institutional, educational, retail, commercial,
and residential projects throughout southern
California. These projects have included providing
such services as preliminary engineering and
backbone engineering design for the grading,
roadway, storm drain, and sewer and water
infrastructure required for several large master-
planned community projects.

Education
» BS, Civil Engineering, California Polytechnic
University, Pomona
Registration
» Professional Civil Engineer: CA #42393
» Qualified SWPPP Developer (QSD) and
Practitioner (QSP): CA #20900
Selected Project Experience
» Heritage Park Master Plan, Irvine, CA
» Silverlakes Sports Park, Norco, CA
» Irvine Plaza Neighborhood Park, ADA Design,
Irvine, CA
» Irvine Hicks Canyon Park, Improvement
Planning, Irvine, CA
» Mesa Marin Sports Complex, Bakersfield, CA
» Great Park Visitor Center Plaza, Irvine, CA
» Silverlakes Equestrian Sports Park, Norco, CA
P ROPOSED S TAFFING / ORGANI z ATION
City of Fullerton | On-Call Landscape Architecture Services 15 Current Assignments and Commitments
Key Personnel Project Position Current Assignment Current Commitment
Availability
Steve Lang Principal-in-
Charge
Lawrence Mitty Park M. P . 5% 40%
Heritage Park M. P . 10%
Olive Bowl/Kaku Park CD 2%
Dick Clark Dog Park 2%
Evers Sports Park 2%
Mesa Marin Sports Park 1%
Oscar Johnson Sr. Project
Manager
Bakersfield Rec & Pk. M.P . 15% 45%
Campus Park Design 5%
Olive Bowl/Kaku Park 5%
NexCore/ HATCH 10%
Layne Park 5%
Evers Park 5%
Melissa Butler Landscape
Architect
Fullerton College Music/Drama Bldg. 5% 55%
Jollyman Park 20%
Orange Coast College Chemistry Bldg 5%
Richmond Playground 10%
Saddleback Womenʼs Health Pavilion
Jose de Jesus
Leal
Senior Irrigation
Designer/
Landscape
Architect
Campus Park 10% 43%
NPS LIBI Natʼl Monument 10%
Sacramento P&R M.P. 2%
UC ANR Visioning Concept 5%
NPS Cultural Landsc. Reprt 2%
Dino Viale Irrigation
Designer
Hillsboro 53rd Ave. Plygrd 10% 40%
Santa Fe Springs Parks 10%
Jollyman Park 5%
King Co W. Duwamish 10%
Lake Sammamish Beach 4%
Pioneer E-W Streets 4%
Richmond Playground 10%
Holly De La
Torre
Project Associate/
Certified
Playground Safety
Inspector
Bakersfield Rec. & Pk. M.P . 30% 45%
NexCore/HATCH 10%
Layne Park 10%
16 City of Fullerton | On-Call Landscape Architecture Services PHASE I – Conceptual Design Documents
Task 1.1 – Project Initiation/Project Definition
The MIG Team will schedule and conduct a project
initiation meeting with the City of Fullerton project
manager and staff to review the project assignment
and MIG’s specific proposal in response to the
City’s project assignment. MIG will seek information
from the City on any current data, survey maps,
boundary surveys, reports, analysis, or drawings
associated with the subject project. We will review
work to be completed, staff’s goals and objectives,
possible amendments to the project assignment,
any alternatives to be considered, budgets, and any
subsequent refinements to the project design program.

All parties must agree on the project proposal, scope
of services, project schedule, milestones, and meeting
calendar.

Task 1.2 - Data Collection
MIG will collect available data from the City on all
key aspects of the proposed project. Depending on
the project type and required tasks, this may include
infrastructure/utility drawings, topographic survey,
record as-builts, locations of easements, geologic
data and geotechnical reports, and other information
relevant to existing conditions, reports, previous
analyses, management, and operation records. MIG’s
designated project manager will continually monitor
project progress through regular emails and project
team meetings.

The MIG Team will obtain all City design standards,
codes, and ordinances to assure that the project is in
compliance with the latest City Standards.

The MIG Team will prepare topographic surveys
as necessary and geotechnical investigations for
pavement and footing design recommendations.

The following tasks describe the
overall approach MIG will take
on your landscape architectural
design projects. The scope of work
for any specific project will be
determined based on the particular
requirements of each project.

Detailed Work Plan
03 D ETAILED W ORK PLAN
City of Fullerton | On-Call Landscape Architecture Services 17 Task 1.3- Site Reconnaissance
The MIG Team will conduct a site reconnaissance to
review site constraints and opportunities, grading
boundaries, adjacent uses, surrounding conditions,
and area context. Existing site conditions and field
opportunities and constraints will be considered
when preparing conceptual/preliminary site design.

PHASE II – Schematic Design Documents
and Services
Task 2.1 – Existing Condition Assessment/
Conceptual and Schematic Design/Preliminary
Reports
Based on input from City staff as well as data
collection, research, and analysis, the MIG Team
will develop assessments of existing conditions,
conceptual design plans, and preliminary design
reports to present to the City staff for review and
input for further refinement. Depending on the
nature and scope of the project, the MIG Team will
explore functional and visual relationships of desired
improvements by looking at such components as
facility program, uses, circulation, views/vistas,
pedestrian access, vehicular access, existing land
forms, existing improvements to remain, edge
treatments, topography, landscape materials,
irrigation systems, security, preferred equipment,
perimeter improvements, and ADA compliance.

MIG will facilitate needs assessment interviews
and meetings as required to garner the desires and
concerns of the community.

Color rendered conceptual and preliminary
drawings, colored perspective sketches, and design
exhibits will be prepared and submitted in the City’s
plan format. All drawings will conform to the City’s
design standards.

Task 2.2 - Cost Estimates/Fiscal Analysis
Depending on the project type and scope, the MIG
Team will prepare either preliminary opinions of
probable construction costs or initial fiscal analyses
based on the conceptual plans or preliminary report
findings for City staff review and input.

Task 2.3 – Submittal and Review by City Staff
MIG will submit the existing condition assessment,
design report, conceptual drawings, and design
exhibits as well as the preliminary opinion of
probable construction costs to City staff for review
and input.

Task 2.4 – Public Input as Directed by City Staff
Dependant upon the project assignment and
the sensitivity of the proposed project, MIG
will facilitate a public input meeting or public
workshop to gain input, review the conceptual or
preliminary work, and seek consensus. MIG will
prepare PowerPoint presentations, presentation
boards, material boards, and meeting minutes for
community and stakeholder meetings.

D ETAILED W ORK PLAN
18 City of Fullerton | On-Call Landscape Architecture Services Task 2.5 – Final Plan/Report and Cost Estimate
The MIG Team will prepare a final design report,
analysis, or conceptual plans that reflect staff review comments. The MIG Team will update the cost
estimate or financial analysis to reflect the project
refinements. The final preliminary plans, design
exhibits, and/or report will be submitted to City staff for final review and input.

Task 2.6 – Submittal to City Staff
MIG will submit an electronic data file of the final
design report and/or conceptual drawings and
design exhibits as well as the preliminary opinion of
probable construction costs to the City.

PHASE III - Design Development Documents
and Services
Task 3.1 – Design Development
Once City staff have approved the final preliminary
plans and preliminary opinions of probable
construction costs, the MIG Team will develop
design development documents to include color
renderings, sketches, and all required drawings
and outline specifications. MIG will meet with City
staff to review design development documents,
design features, and technology with respect to
resource management, water conservation, energy
conservation, and the efficiency of maintenance and
operation of the proposed facility.

Any changes in design will be reflected in an
updated opinion of probable costs. Upon approval
of the design development documents by City staff,
MIG will proceed with preparation of construction
documents (drawings and specifications).

PHASE IV – Construction Documents
Task 4.1 – Construction Documents
The base sheets will identify all existing physical
and topographic conditions as well as all existing
proposed improvements. Using the design
development drawings and outline specifications,
the MIG Team will prepare construction
documents. Construction drawings will be prepared
utilizing AutoCAD 2012, the City’s Design Standards,
and applicable building and development codes.

Technical Specifications will be prepared in CSI
format. As an example, the document package may
include the following construction drawings:
» Cover Sheet / General Notes
» Demolition Plan (existing conditions plan)
» Construction Layout Site Plans
» Construction Details
» Irrigation Plan and Details
» Landscape Planting Plan and Details
» Technical Specifications
» Electrical Service, Site Lighting Plan, and Details
Task 4.2 – In-House Quality Control – Review of
Construction Documents
MIG will conduct a thorough in-house quality
assurance / quality control review of all
construction documents. We will utilize in-house
quality control checklists to review all construction
documents prior to submittal to the City. MIG will
ensure all review and plan check comments have
been resolved, addressed, and incorporated into
the construction document package.

D ETAILED W ORK PLAN
City of Fullerton | On-Call Landscape Architecture Services 19 Task 4.3 – Construction Document Design Submittal
MIG will electronically submit all completed and
in-house checked construction documents to the
City at agreed project milestones (typical 30%, 50%,
90%, and 100% completion.)
Task 4.4 – Plan Check Review Comments
The MIG Team will respond to all plan check
comments resulting from the City’s consolidated
construction document submittal. MIG will address
all comments with the City’s clarification on any
conflicting reviews as necessary, and prepare the
construction documents for final design submittal.

Task 4.5 – Opinion of Probable Construction Costs
The MIG Team will prepare a detailed opinion of
probable landscape architectural construction costs
with quantities and unit prices.

Task 4.6 – Final Design Submittal
The final design submittal will include final
drawings and specifications, reports, analysis,
project construction schedules, and final opinion
of probable construction costs. The final design
submittal shall also include an electronic data file
of all submittal documents for the City’s bid use. All
final documents shall be stamped and signed by the
appropriate design professional.

PHASE V – Bidding Support Services
Task 5.1 – Bidding Assistance
The MIG Team will be available during the bid
process to assist City staff, provide clarification,
prepare addendum, and respond to Requests for
Information (RFI’s) and Requests for Clarification
(RFC’s). If requested, the MIG Team will also provide
analysis of alternates, supplementary drawings,
specifications review, attendance at pre-bid
meeting, and bids review.

PHASE VI - Construction Support Services
Task 6.1 – Construction Support
MIG will review and approve addenda, change
orders, material submittal, contractor equipment
submittal, shop drawings, clarifications to drawings
and specifications; conduct site visits; and provide
monthly reports on construction progress and
change order status. The MIG Team will attend
a preconstruction site review meeting with the
awarded contractor and City staff. Additionally,
MIG will meet at the City’s request at the project
site and review installation. MIG will participate
in construction progress meetings and final
site reviews as required. All site improvement
inspections will be performed by the public service
agency inspectors representing the City. MIG will
prepare the final punch list for final completion and
“as-built” drawings received from the Contractor,
and co-approve with the City the certificate of final
completion.

D ETAILED W ORK PLAN
20 City of Fullerton | On-Call Landscape Architecture Services Approach to Managing Resources
Quality Staff
Quality control begins with the assignment of
qualified, dedicated staff to each project. We hire
people with strong interpersonal skills and the ability to bring people of different backgrounds together
to focus on the issue at hand while always keeping
“the big picture” in mind. The staff for the City of
Fullerton Landscape Architectural Services was
selected based on their suitability and capacity, and
they will be assigned for the contract duration.

Subconsultant Coordination
Our Project Team is managed by our project
manager. He will communicate with team staff
and subconsultants regularly to make sure that
information is shared, coordination between
disciplines is happening, and timelines and
deliverable milestones are known and met.

MIG and our subconsultants have successfully
worked together for years and understand the
value and importance of collaboration and
communication throughout the design process.

The lines of communication protocol, through the
MIG project manager and City project manager, will
keep everyone informed and clearly directed during
the design and construction process.

Clear Work Plan and Deliverables
Prior to commencing work, MIG will meet with
City staff and confirm the intended scope of
services and proposed project improvements and
subsequently create a detailed work plan. The plan
will include a schedule that illustrates the project
on a task-by-task basis, making clear the project’s
critical path, key deadlines, and checkpoints as well
as the responsibilities of each team member.

D ETAILED W ORK PLAN
City of Fullerton | On-Call Landscape Architecture Services 21 Regular Review by Senior Staff
Work will be reviewed daily or weekly by Project
Manager Oscar Johnson. Regularly scheduled project
team meetings will be conducted to ensure work
quality and the appropriate allocation of staff time
and project resources. Prior to delivery to the City,
all work will be reviewed by the senior project
manager and principal using a comprehensive
checklist. This review time is built into the project
schedule, including time for internal MIG revisions
prior to City delivery.

Schedule Management
Project scheduling will be closely coordinated with
the City. The tasks and results will be reviewed
periodically with respect to the project timetable
agreed to between MIG and the City. The schedule
will be updated on an as-needed basis as the project
progresses, using actual finish dates of activities to
update the schedule. Based on review, we can be
flexible in response to unexpected changes within the
established work program and schedule.

MIG has earned a reputation for completing our
project tasks within the project schedule. The broad
experience of our overall firm coupled with the
expertise of our local office personnel will ensure
our prompt response to project assignments and
questions and issues that may come up during the
review process.

Because of our production scheduling process and
use of designated staff for on-call services, and
local Fullerton office proximity to City Hall, the MIG
project team will be available to respond to the
City’s requests quickly. We will work closely with the
City staff and our project team to meet all project
milestones.

Budget Management
MIG has real-time project budgeting and
monitoring software to ensure budget allocations
and expenditures are aligned and support project
success. Once the schedule and final budget have
been set, the staff hours and costs by each team
member will be generated every month and
cumulatively for the monthly project invoice.

This provides the basis for reviewing actual staff
hours against estimated expenditures. Status
reports will be reviewed regularly with the internal
project team as well as with the City. We are
proactive in addressing items that might cause
unnecessary change orders and requests for
additional services.

Quality Control
Our quality control plan is multilayered. MIG has
developed checklists to ensure high-quality project
outcomes. MIG employs the following quality
control tools:
» Project initiation checklist and questionnaire
» Topographic survey checklist
» AutoCAD manual and standards
» Design process standards
» QA/QC checklist
» Construction administration procedures
Capacity for Immediate Response
MIG posesses sufficient capacity to address
occasional unanticipated requests from the City
with an immediate response and prompt action.
22 City of Fullerton | On-Call Landscape Architecture Services Fee Proposal
04 In this section, we have provided
the MIG Team’s hourly rates for
2022, as well as our potential
reimbursable costs and expenses.

MIGʼs hourly rates increase by 3%
yearly. Additional support staff
rates can be provided at the Cityʼs
request.

Meeting attendance with the City
will be billed on an hourly basis.

These proposed rates are MIGʼs
best offer .

MIG Key Team Member 2022 Hourly Rates
Steve Lang, Principal-in-Charge . . . . . . . . . $225/hr Oscar Johnson, Senior Project Manager . . . . $195/hr
Melissa Butler, Landscape Architect. . . . . . . $145/hr Holly De La Torre, Project Associate. . . . . . . $125/hr José Leal, Senior Irrigation Designer. . . . . . . $175/hr Dino Viale, Irrigation Designer . . . . . . . . . . $155/hr Donna Yeung-Gutierrez, Project Associate . . . $125/hr
Cirilo C. Regalado, Jr., Electrical Engineer . . . . $155/hr Bruce Kirby, Civil Engineer . . . . . . . . . . . . $185/hr Reimbursable Costs
Photocopy (A and B sizes) . . . . . . . . . . $0.10/copy Color copies . . . . . . . . . . . . . . . . . $0.50/copy Commercial report reproduction . . . . . . Cost+10%
Reprographics (plans, aerial photos) . . . . Cost + 10% Mileage (beyond Fullerton) . . . . . . Current IRS rate City of Fullerton | On-Call Landscape Architecture Services 23 Landscape Design
Construction Documents
and Administration
Park Planning and Design
Streetscape and Public Realm
Sports/Athletic Fields/Courts
Entry and Parking Areas
Event and Performance Areas
ADA Compliance
Sustainable/Low-Impact
Development
Native Planting
Interpretive Signage
Children’s Play Environment
Splash Pad
Lighting
Picnic Areas and Benches
Community Outreach
Orange County and Los Angeles County Projects
Anaheim Coves, Anaheim             
Cerritos Park East, Cerritos         
Compton Creek Natural Park, Compton              Crown Valley Community Park Renovation, Laguna Niguel         Deer Canyon Park Preserve, Anaheim         
Downey 5 Parks Renovation, Downey              Earvin "Magic" Johnson Park Master Plan and Phase I
Implementation, Los Angeles
               
El Dorado Park at Pacoima Wash, Los Angeles County              Gateway Park, El Monte           
Greenleaf Parkway Parks, Compton           
Johnny Carson Park Revitalization, Burbank                Lake Forest Serrano Creek and Pittsford Parks, Lake Forest          Liberty Park Renovation, Cerritos             Long Beach Transit Gallery, Long Beach        
Monte Verde Park, Lakewood            
Paramount Dills Park Renovation, Paramount                Ponderosa Park, Anaheim         
Santa Monica Memorial Park Renovation, Santa Monica                Tustin Veterans Sports Park, Tustin             Westminster 25 Parks Renovations, Westminster              Always Dream Park, Fremont         
Big League Dreams Sports Parks, Chino Hills, Manteca,
Perris, Redding
           
Claremont Hills Wilderness Park, Claremont        Craig Ranch Regional Park, North Las Vegas, NV            Fresno Figarden Loop Park, Fresno            Hing Hay Park, Seattle, WA            
Indio Central Park Master Plan, Indio            Indio Community Parks - Dominguez, Cahuilla,
Yucca, Dr . Carreon
            
La Quinta Community Park, La Quinta         
Mesa Marin Sports Complex, Bakersfield           Santee Towncenter Community Park, Santee             Ventura Community Park, Ventura               Westlake Village Community Park, Westlake Village              Westlake Village Dog Park, Westlake Village          Yanaguana Garden at Hemisfair Park, San Antonio, TX              Park and Public Landscape Design
Experience
Appendices
05 n/a
n/a
MIG has not had any contracts ending in termination, litigation, or settlement within the past 5 years.

Steve Lang, PLA, ASLA
1/18/2022
Principal

X
Moore Iacofano Goltsman, Inc. (dba MIG) 1/18/2022
Christopher Beynon, AICP
Daniel Iacofano
President, Chief Executive Officer
800 Hearst Avenue
Berkeley, California 94710
Carolyn Verheyen
Secretary, Chief Operating Officer
800 Hearst Avenue
Berkeley, California 94710
Chief Operations Officer
109 W. Union Avenue, Fullerton, CA 92832

On-Call Landscape Architect Services
City of Fullerton

EXHIBIT C

CERTIFICATES OF INSURANCE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

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

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

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

AUTOS ONLY
7/5/2022
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
The Certfiicate Team
[email protected]
License#: 6003745
Berkley Insurance Company
32603
MIGINC0-01
Travelers Property Casualty Company of America
25674
MIG, Inc.

Moore Iacofano Goltsman, Inc.
800 Hearst Ave
Berkeley CA 94710
The Travelers Indemnity Company of Connecticut
25682
504397574
B
X
1,000,000
X
1,000,000
X
Contractual Liab
10,000
Included
1,000,000
2,000,000
X
Y
Y
6801H899998
8/31/2021
8/31/2022
2,000,000
C
1,000,000
X
X
X
Y
Y
BA0S579947
8/31/2021
8/31/2022
B
X
X
10,000,000
Y
CUP0H758762
8/31/2021
Y
8/31/2022
10,000,000
X
0 B
X
Y
UB2L553909
8/31/2021
8/31/2022
1,000,000
1,000,000
1,000,000
A
Professional Liability
N
Y
AEC904725003
8/31/2021
8/31/2022
Each Claim
Annual Aggregate
$5,000,000
$5,000,000
Umbrella Liability policy is a follow-form underlying General Liability/Auto Liability/Employers Liability.

RE: Project- #5608.00 Fullerton As Needed Landscape Arch.Svs The City of Fullerton, its elected and appointed officials, officers, employees and designated volunteers are named as Additional Insured as respects General and Auto Liability as required per written contract or agreement. General Liability and Auto Liability are Primary/Non-Contributory per policy form wording.

Insurance coverage includes waiver of subrogation per the attached. 30 Days Notice of Cancellation 30 Days Notice of Cancellation
City of Fullerton Park and Recreation
303 West Commonwealth Avenue
Fullerton CA 92832

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

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

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

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

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

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

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

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

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

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

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

SECTION V - DEFINITIONS

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

Page 16 of 21 ends

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

Policy #
6801H899998
6801H899998
6801H899998

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

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

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

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

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

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

Policy #
6801H899998

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

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

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

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

BA0S579947

 

  
 

 
       


      
      
      


      


       
 





     


      
      



Policy#: BA0S579947

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

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

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

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

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

Policy #
BA0S579947

WORKERS COMPENSATION
AND

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

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT

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

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

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

UB2L553909
Travelers Property Casualty Company of America
7/5/2022

City Council - Successor Agency - Housing AuthorityJuly 19, 2022

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