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

CITY OF FULLERTON

PROFESSIONAL SERVICES AGREEMENT
WITH
NUVIS

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 NUVIS (“Consultant”).

W I T N E S S E T H :

A. City proposes to utilize the services of Consultant as an independent contractor to provide certain professional landscape architectural services on an as-needed basis services, as more fully described herein.

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

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

D. N o official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

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

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the City’s Request for Proposals (“RFP”), attached hereto as Exhibit “A,” and Consultant’s Response to City’s RFP (“Consultant’s Proposal”), attached hereto as Exhibit “B,” both incorporated herein by this reference.

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

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

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

On-Call Landscape Architect Services
City of Fullerton

NUVIS, Page 2

(b) Require Consultant to repeat the work at no additional f ee until it is 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” On-Call Landscape Architect Services
City of Fullerton

NUVIS, Page 3

unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed , the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

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

2.5. W-9 . Consultant must provide City with a current W -9 for m prior to the commencement of work under this Agreement. It is the Consultant’s responsibility to provide to the City any revised or updated W-9 form during the term of this Agreement.

3.0. TIME OF PERFORMANCE

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

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

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2025, unless terminated as provided herein. The term of this Agreement may be renewed for one additional two-year period upon mutual written agreement by both parties.

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

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

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including On-Call Landscape Architect Services
City of Fullerton
NUV
IS, Page 4
the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

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

5. 0. INSURANCE

5. 1. Insurance Required . Consultant shall procure and maintain throughout the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors subject to the limitations of Civil Code Section 2782.8. Consultant shall provide current evidence of the required insurance in a form acceptable to the City and shall provide replacement evidence for any required insurance which expires prior to the completion, expiration or termination of this Agreement.

N
othing 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. C
ommercial 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. B
usiness 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.

On-Call Landscape Architect Services
City of Fullerton
NUV
IS, Page 5

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

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

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

D. A
ll Coverages. Each insurance policy required by this clause shall be endor
sed 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.

I
f 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. S
ubcontractors. 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. S
pecial 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.

On-Call Landscape Architect Services
City of Fullerton
NUV
IS, Page 6
G. S
pecial Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

5. 5 Acceptability of Insurers . All required insurance shall be placed with insurers acceptable to City with current BEST’S ratings of no less than A, Class VII. Workers’ compensation insurance may be placed with the California State Compensation Insurance Fund.

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

5. 6 Verification of Coverage. Consultant shall furnish City with certificates of insurance which bear original signatures of authorized agents and which reflect insurers names and addresses, policy numbers, coverage, limits, deductibles and self -insured retentions.

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

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

6. 0. GENERAL PROVISIONS

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

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

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.

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

6. 4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal deliver y; b) at On-Call Landscape Architect Services
City of Fullerton
NUVI
S, Page 7
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 CITY: IF TO CONSULTANT:

NUVIS
20250 SW Acacia St., Suite 260
Newport Beach, CA 92660
Attn: Perry Cardoza, President
City of Fullerton
303 W. Commonwealth Ave.

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

6.5. A ttorneys’ 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. G overning 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, reck lessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in performing design professional services pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misco nduct of Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents, and employees based upon such negligence, recklessness, or willful misconduct, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole or active negligence or willful misconduct of the City. Further, in no event shall the cost to defend charged to the design On-Call Landscape Architect Services
City of Fullerton
NUV
IS, Page 8
professional exceed the design professional’s proportionate percentage of fault, unless otherwise specified in Civil Code section 2782.8. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

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.

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

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

6.12. Ownership of Documents . All findings, reports, CAD drawings, documents, information and data, including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this On-Call Landscape Architect Services
City of Fullerton
NUV
IS, Page 9
Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files, audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

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

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

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.

On-Call Landscape Architect Services
City of Fullerton
NUV
IS, Page 10

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

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

6.2 0. 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.

6.2 1. 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
Page | 1

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)

Page | 2

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

Page | 3

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.

Page | 4

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.

Page | 5

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.

Page | 6

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.

Page | 7

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

Page | 8

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.

Page | 9

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

Page | 10

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

Page | 11

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.

Page | 12

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

Page | 13

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.

Page | 14

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.

Page | 15

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.

Page | 16

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).

Page | 17

SECTION VI

SAMPLE PROFESSIONAL SERVICES AGREEMENT

Page | 18

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

Page | 19

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

Page | 20

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

Page | 21

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.

Page | 22

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

5.0. INSURANCE

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

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

5.2. Minimum Scope and Limits of Insurance.

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

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

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.

Page | 23

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.

Page | 24

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

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

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

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

H. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

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

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

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

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

6.0. GENERAL PROVISIONS

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

Page | 25

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.

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

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

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

IF TO CONSULTANT: IF TO CITY:

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

City of Fullerton
303 W. Commonwealth Ave.

Fullerton, CA 92832
Attn: [NAME AND TITLE]

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

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

Page | 26

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

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

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

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

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

Page | 27

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

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

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

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

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

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

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

Page | 28

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

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

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

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

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

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

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

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

Page | 29

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

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

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

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

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

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

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

CITY OF FULLERTON

__________________________________ Date: __________________________ City Manager

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
qualifications
submittal

CITY OF

FULLERTON
RFQ #4368

ON-CALL

LANDSCAPE

ARCHITECT

SERVICES
JANUARY 18, 2021
communitydesign
[email protected]
www.nuvis.net
20250 Acacia Street, Suite 260, Newport Beach, CA 92660 | 714.754.7311 | [email protected] | www.nuvis.net | CA 1891 . NV 396 | DBE . SBE January 13, 2022
Ji
mmy Armenta, Buyer
City of Fullerton, Purchasing
303 W. Commonwealth Avenue
Fullerton, CA 92832-1775
RE: RF
Q #4368 On-Call Landscape Architect Services
Dea
r Mr. Armenta and Esteemed Review Committee:

Than
k you for the opportunity to submit NUVIS’ Statement of Qualifications in consideration of the aforementioned on-call contract. NUVIS has enjoyed working with the City in the past through the redevelopment of Bastanchury Park and Lemon Park/Maple Community Center. Its been a few years since we have had the pleasure of sharing our work with the City, and we are excited to show the City what we have been up to!
Pe
r the RFQ:

1. NU
VIS will be contracting with the City.
20250 SW Acacia Street, Suite 260, Newport Beach, CA 92626 P: 714-754-7311 F: 714-754-7346
Contact: Perry Cardoza, PLA, President, 714-754-7311 ext 230, [email protected]

2. Subc
onsultants:

BKF Engineers
4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 P: 949-526-8460 F: 949-526-8499
Contact: Bruce Kirby PE, QSD/P, Associate, m/d 949.573.1369, [email protected] CD
Design Group
PO Box 4107, Irvine, CA 92616
949-387-8476
Contact: Christopher Karjala, 949-387-8476, [email protected]

3. NU
VIS has received the Questions and Answers document provided by the City January 6, 2022.

4. The proposal shall stay in effect for a period of time of no less than 120 days from submittal.

5. All information contained herein is deemed to be true and correct. 1 20250 Acacia Street, Suite 260, Newport Beach, CA 92660 | 714.754.7311 | [email protected] | www.nuvis.net | CA 1891 . NV 396 | DBE . SBE As mentioned, its been a few years since NUVIS partnered with the City, and here are just a few projects that indicate not only our qualifications, but also our passion for improving the public realm NUVIS has been actively involved with restoration projects out at Owens Lake in Inyo County. This project has included custom land art installation, interpretive signage design, visitor’s plaza with custom shade structures, dust mitigation, trail improvements, and habitat restoration. Our work earned a 2017 ASLA Honor Award and honored in a Smithsonian Magazine article as one of Six Monumental New Outdoor Art Installations. In Orange County NUVIS is currently redesigning the Visitor Center and Hangar Area 244 to reflect the history of aviation at the Great Park. We also completed the multi-award-winning Crown Valley Park which included entry and park improvements to a beloved existing community park. In Ventura County, NUVIS provided design for the Hanson Property in Santa Paula for The Nature Conversancy by creating flood resistant site features and developing restoration plans for the entry. In Los Angeles, NUVIS is collaborating with the MRCA to develop designs for the Confluence Park Phase II which will create a connection from the Los Angeles River to a small park where cyclists can find respite along the trail. In Santa Clara County we are working with the City to develop a new entry and provide additional parking at Central Park to accommodate visitors more easily to the park and the newly added playground.

These a
re just a few of our recent and current projects which indicate our interest in working with the City to improve the parks for the residents and visitors to Fullerton. Our team is excited to continue our next 50 years in providing site specific design solutions for parks and public spaces for the City of Fullerton!
Sincer
ely,
Per
ry A. Cardoza, PLA, ASLA
President
2 www.nuvis.net [email protected] 714-754-7311

ABOUT NUVIS
Since 1971, NUVIS has provided a wide range of services from idea generation, community facilitation, and site planning through preliminary design, PS&E, and construction to field observation for a number of public spaces for city, district, county, state and federal agencies; several which have been awarded with industry honors for our clients. Our sustainable design principals integrated into the landscape architecture design solutions has aided in the coveted LEED certification of Platinum, Gold, Silver and Bronze for a number of projects.

NUVIS’ public spaces have included, but are not limited to public parks, community recreational centers, open space recreation, sports parks, channels and greenways, streetscapes, transportation corridors, parking lots and multi-purpose trails. Due to recent water restriction mandates, NUVIS has been instrumental in aiding various public agencies in modifying existing streetscapes and parks to reduce turf and/or creating design solutions for projects in which sustainable design solutions are a top priority. Our designs are geared toward water conservation and use of renewable resources. Whenever possible, we explore options to incorporate sustainable design principles such as aesthetically appealing low water use/drought tolerant plant material, including options for high efficiency irrigation systems, solar products, and opportunities to capture water run-off through use of a variety of methods and materials.

NUVIS landscape architects, as team integrators, provide a broad knowledge and leadership skills that allow coordination of projects developing a composition (not a single component).

We utilize a multitude of resources, continually merging contemporary design themes with sophisticated land use planning, and an awareness of the traditions of centuries of planning and design. We work closely with agencies in order to meeting current needs without compromising the ability of future generations to meet theirs.

On-call/As-needed contracts are not new to NUVIS. NUVIS holds multi-year on-call/as-needed public agency oriented contracts throughout California. In our 50+ years, NUVIS' demonstrated excellence in landscape design and project management is demonstrated in the number of agencies for which NUVIS has secured as-need/on-call contracts and repeat history of contracts. NUVIS has the experience desired by the City of Fullerton to provide the services as anticipated in the RFP .
'LANDSCAPE ARCHITECTURE: CREATING EXPERIENCES WHICH CONNECT PEOPLE WITH THEIR ENVIRONMENTS, WORLD-WIDE' is the mission statement and design ideology of landscape architecture and site planning guiding the professional services at NUVIS.

Overview of Proposal
Qualifications, Related Experience
and References
3 City of Fullerton RFQ #4368 On-Call Landscape Architect Services Proposal Valid to: 04.30.2022Proposal Issued: 01.18.2022 With the vision to make a difference, Robert R. Cardoza, FASLA and Peter R. DiLallo, ASLA joined together in Costa Mesa, California and opened for business as a partnership to provide landscape architecture in April of 1971. The principals expanded the company with an office in Northern California in 1981. Currently NUVIS has a presence in Northern California, Southern California (Newport Beach and Los Angeles), and Las Vegas, Nevada. Originally formed under Cardoza DiLallo Associates, the name changed in 1984 to Cardoza DiLallo Harrington and finally to NUVIS “nu visions” in 1993. NUVIS is a State of California S Corporation and certified D/MBE, SBE and VSBE.

Brief history or description of NUVIS
Understanding of the Requested Scope of Work
NUVIS' past 50 years of landscape architecture excellence and our review of the RFP dictate our understanding of the anticipated scope of services for this as-needed contract. The City is seeking a highly qualified landscape architecture firm to provide professional services for small and miscellaneous design projects for public spaces. Projects may include capital improvement projects, renovation of parks as well as design for new parks (varying sizes), plan check services, and cost estimating. Additional projects types that are not defined may be included. Regardless of project type, the firm should have an excellent understanding of providing design which conforms to all local, state, and federal requirements including requirements to conform to the American with Disabilities Act.

NUVIS anticipates professional services may include, but are not limited to • Programming and Conceptual Design (including alternatives) • Final PS&E
• Updating/Revising Master Plans:
• Plans, Exhibits, and Reports for Presentations to City Council, Commission, User Groups, Community Groups and Stakeholders (may include surveys and website information) • Plan Check Submittal and Permit Coordination
• Professional Services during Bid and Construction Phases • Community Engagement and Presentations as needed
The initial period of contract is for three years with the option to renew two times, for one year each, for a total of up to five years.

Projects may be awarded simultaneously and it is expected that NUVIS has sufficient in-house or subconsultant capabilities to complete the work within the specified time allocated and as agreed upon at project initiation.

NUVIS' IDEOLOGICAL APPROACH TO SERVICES
NUVIS is a strong proponent of participatory planning and design, believing that the goals and direction of a project should evolve from a process which provides for expression of concerns and values of those involved and affected by the project. We believe that one of the keys to the success of the project is effective and thorough communication between the City and design team to identify and resolve issues, thus allowing the necessary services to proceed quickly and efficiently. We prefer to build a ‘partnering’ relationship with our project team - the client, associated review agencies, community, and subconsultants. 4 Crown Valley Community Park
www.nuvis.net [email protected] 714-754-7311
relevant experience
The following are samples of recent projects developed by NUVIS on behalf of local agencies to improve the public realm. These projects demonstrate NUVIS' ability to tailor diverse and innovative design to meet agency goals and community needs.

Concept and CDs for new visitor center includes dynamic paving and custom shade structures to minim paper
airplanes on the former airforce base.

Irvine Great Park Visitor Center Walker Community Park Master Plan Update to community park master plan including new
concept plans, workshops, and presentations. Current
phase includes construction documents.

Long Beach CC Aquatic & Tennis Center
PS&E for amphitheater, pedestrian promenade, parking lot, synthetic turf soccer fields, sand volleyball courts, tennis courts, and new synthetic turf softball complex.

PS&E for new amphitheater, play areas, splash pad, trails, themed play sculptures, custom site furniture, and entry gateways.

PS&E for Accessibility improvements including crosswalks, decomposed granite pathways, traffic calming bulb-outs, regraded central plaza for ADA access, refurbished paver mosaic in plaza, protection of mature trees, and protection of existing play equipment and site amenities
Lincoln Park Accessibility Improvements
Brea Wildcatters Dog Parks Resurfacing
Conceptual plan refinements, community outreach exhibits, construction documents, and statement of probable
construction cost for renovations to two (2) existing dog parks.
5 CA 1891 . NV 396

04.24.2021.11.21
Preliminary plans and
construction documents for
17-acre expansion to an
existing sports park including
4 new soccer fields, gathering
plaza, rest room building,
parking lot, walkways, trails,
exercise stairs with rest
landings, shade structures,
grass berms, preservation of
existing trees, infiltration basin,
and terraced dog park with
contoured exercise steps.

CENTRAL PARK

BUILD OUT
PSOMAS for the
City of Santa Clarita, CA
DATES: 2019-2020
EST. CONSTR. COST: $4.2 M
CLIENT CONTACT:

Jeremy Johnson
PSOMAS
661-219-6000
[email protected]

EXISTING PARK
& EXPANSION AREA
6 CDBG GRANT FUNDING
CONSTRUCTION COSTS:
$855,500
DATES:
2018 - 2021
CLIENT CONTACT:

Rachel McLure
Community Services Dept.

City of Irvine
949-724-6600
[email protected]
CA 1891 . NV 396

05.20.21 © NUVIS
Preliminary plans, shade
modeling, and construction
documents, partially funded
by a Community Development
Block Grant, for ADA
circulation improvements
to an existing park. 2-acres
of new accessible enriched
concrete paving and resilient
surfacing, new play structures
and play elements, accessible
picnic tables, bbqs and hot
coal recptacles under shade
structures, bike racks, seating,
themed site amenities, high-
efficiency irrigation, new shade
trees, and shrub and turf
planting.

PLAZA

NEIGHBORHOOD
PARK
City of Irvine, CA
7 CA 1891 . NV 396

10.03.21 © NUVIS
Preliminary plans and construction
documents for a 3-acre historic
preservation and interpretive park
replicating a Juaneno village
including cultural group area,
amphitheater, Kiicha dwellings,
pond with corrone statue, horse
hitching and trail, interpretive
signage, directional markers, bus
drop-off, parking lot, permeable
paving, shade structure, picnic
benches, outdoor kitchen, and
entry monument. Protection
of existing Oaks and extensive
California native plant palette
selected for medicinal, edible,
and construction uses by native
peoples.

NORTHWEST

OPEN SPACE PARK
City of San Juan
Capistrano, CA
DESIGN DATES: 2013-2018
TOTAL / LNDSCP. CONSTR. COST:
$2.2 Million
NUVIS TEAM A/E FEE: $1,182,964
CLIENT CONTACT:

David Contreras, Senior Planner
City of San Juan Capistrano
(Proj. Manager), 949-443-6320
[email protected]
8 CA 1891 . NV 396

04.14.21 © NUVIS
Preliminary plans and
construction documents for
a 2.5 acre park renovation
including new concrete
accessible paving, themed
fence panels, decomposed
granite infield, turf open
space, high-efficiency
irrigation, picnic areas,
raised community garden
beds, refreshed rubberized
playground surfacing, guardrail
at stage, bleachers, turf block
maintenance access, signage,
and curb ramps.

PEPPER TREE PARK
City of Tustin, CA
DESIGN DATES: 2019 - 2020
CONSTR. DATES: 2020 - 2021
CONSTRUCTION COST: $1.1 Million
CLIENT CONTACT:

Jason Churchill
Field Services Manager
City of Tustin, CA
714-573-3000
[email protected]
9 CA 1891 . NV 396

01.26.21 © NUVIS
Conceptual plans,
alternatives, community
workshop facilitation, and
construction documents for
a unique park renovation
protecting existing mature
trees and existing iconic
moon-scape themed
elements featuring innovative
rubberized surfacing, artistic
themed elements, space
focused park elements, and
safety enhancements. Scope
including graphic exhibits
and community outreach
facilitation to support a grant
application.

BROOKHURST

MOON PARK
City of Anaheim, CA
DATES: 2017-2018
CONSTRUCTION COST: $1.08 M
CLIENT CONTACTS:

Pamela Galera, RLA, ASLA, LEED-AP
Community Services Dept.

City of Anaheim
(714) 765-4463
[email protected]
10 CONSTRUCTION COSTS:
$700,000
DATES:
2019 - 2021
CLIENT CONTACT:

Ana Straabe
Community Services Dept.

City of Anaheim
714-76-4901
[email protected]
CA 1891 . NV 396

05.20.21 © NUVIS
Conceptual plans and
construction documents for
a 1 acre dog park including
new decomposed granite
paving, concrete paving,
fencing, rolling gates, bike
racks, benches, site amenities,
lighting, signage, and built-
in dog agility equipment.

Scope includes existing tree
preservation, new trees, new
high-efficiency irrigation system
and new turf.

MAXWELL DOG PARK
City of Anaheim, CA
11 City of Fullerton RFQ #4368 On-Call Landscape Architect Services Proposal Valid to: 04.30.2022Proposal Issued: 01.18.2022 Moulton Median, Dog Park, Tree Inventory, Santa Maria Median, Shell/Carwash Project, El Toro Median
Chris Macon, 24264 El Toro Road, Laguna Woods, CA 92637, 949-639-0500, [email protected]
Frontier Park Half Basketball Court, Demonstration Garden, Frontier Park Update, Police Memorial, Veteran's Park,
Peppertree Park as well as Turf Conversion Master Plan and resulting PS&E.

Jason Churchill, 300 Centennial Way, Tustin, CA 92780,
714-573-3000, [email protected]
Ponderosa Park MP , Paul Revere Park, Brookhurst Moon Park, Maxwell Dog Park, OCSD Newhope Placentia Trunk Sewer &
Median Replacement, Lincoln Widening.

Ana Straabe, 200 South Anaheim Blvd, Anaehim, CA 92805, 714-765-4311, [email protected]
Olive Ave MP , Empire Avenue Interchange, Empire Avenue West Channel, San Fernando Bikeway, Victory Boulevard, Metro Rail Wall Exhibits, Alameda North NPP , Olive-Verdugo-Sparks Improvement.

David Kriske, 150 N Third, Burbank, CA 91502 818-238-5270 [email protected]
City of laguna Woods
city of burbank
city of tustin
city of anaheim
references
Corona Animal Shelter Play Yard, Mountain Gate Play Yard, Cresta Verde Play Yard, Tehachapi Park, Auburndale Park Tracy Martin, 400 South Vicentia Avenue, Suite 210, Corona, CA 92882, 951-736-2400, [email protected]
city of corona
12 The TEAM NUVIS
Key professionals,
presented herein
represent a strong
network of experienced
and conscientious
individuals whose
primary goal in
developing design
solutions is translating
technical expertise into
creative and sensitive
planning for functional
public spaces in often
sensitive environments.

Please see the brief resumes herewith for information relative to education, experience, and credentials. www.nuvis.net [email protected] 714-754-7311
Team NUVIS
Identification of NUVIS Key Personnel
Proposed Staffing and Organization
Perry cardoza, PLA tomas Munoz, PLA Lamont klecker, PLA principal in charge project manager landscape architect Location: Newport beach, CA
Commitment: 100%
availability: 15%
yrs experience: 35
Location: Newport Beach, CA
Commitment:100%
availability: 30%
yrs experience: 44
Location: Newport beach, CA
Commitment: 100%
availability: 30%
yrs experience: 34
Identification of subconsul tant team
BKF Engineers CD Design Group
Bruce Kirby, PE Qsd/p
Civil Engineer
Location: newport Beach CA
Commitment: 100%
availability: 30% YRS
experience: 38
Christopher Karjala
Electrical Design
Location: irvine, C A
Commitment: 100%
availability: 30%
yrs experience: 2
2 13
CA 1891 . NV 396
President
With NUVIS
since 1986
Licensure:

CA 3943
Education
BSLA California State
Polytechnic University,
Pomona 1986

PERRY CARDOZA, PLA, ASLA
Perry's ability to creatively express his ideas to agencies, councils, and community groups helps in developing a collaborative approach to recreation focused problem solving. He combines this ability with his ideology of landscape architecture to provide memorable design solutions, unique to each project location. Perry, along with the NUVIS team, considers sustainable solutions for all projects. With a focus on collaborative design, Perry seeks opportunities for capturing and treating storm water, creating habitat, specifying colorful, durable, and native water wise plants, and designing accessible solutions which incorporate best management practices.

Professional Affiliations
ASLA, Southern California Chapter, Trustee 2014-2017, President 2012-2013 AIA, Orange County Chapter
Far East Society of Architects & Engineers, Japan
Recognition
2019 ASCE OC Parks & Recreation Project of the Year, Veterans Park Renovation 2018 ASCE OC Parks & Recreation Project of the Year, Crown Valley Park 2017 ASLA National Honor Award - Owens Lake Land Art
2016 APWA BEST
Project, Traffic, Mobility, and Beautification, 32nd St. & Newport Blvd. 2016 ASLA/SCC Award of Excellence & Honor Award - Owens Lake Land Art 2016 ASLA/SCC Merit
Award - Hanson Property Habitat Restoration & Enhancement Plan 2014 ASCE (LA) Community Improvement Proj. of the Year - LA Brea Streetscape 2012 ASLA/SCC Merit Award - Owens Lake Dust Mitigation & Habitat Restoration 2007 ASCE Project Achievement Award – The Arbor on El Toro Walker Park
PSOMAS for the City of Galt, CA
Perry serves as design director and principal-in-charge for conceptual designs and construction documents & support for renovation of an existing 15-acre community park including soccer, baseball, softball, and synthetic football/soccer fields, tennis & basketball courts, spectator seating, community center building, picnic zones, play areas, water feature, turf volleyball, trails, drainage basins, parking lots, and monumentation. Dates: 2020-on going
Irvine Great Park Visitor Center Plaza
City of Irvine, CA
Perry serves as design director
and principal-in-charge for a themed renovation and
expansion of an existing plaza, visitor center, and Great Park Balloon Launch on the former Marine Corps Air Station base. Scope includes aviation themed shade structures, enriched paving, ‘runway’ lighting, multi-use plaza for events, turf mounds, shade structures, interactive splash fountain, play area, and parking lot. Dates: 2017-on-going Storm Water Capture Parks Program (Task Order 25)
CDM-Smith for the City of Los Angeles, CA
Perry provides project oversite, QAQC, design direction for construction documents for active and passive surface recreation improvements over new underground storm water capture infrastructure at three (3) existing parks: Strathern Park, Franangeles Park, and David Gonzalez Recreation Center with trails, open space, habitat, outdoor classrooms, rain capture, interpretive gardens.

Archery Range Improvement Plan
OC Parks, Fountain Valley, CA
Perry provided design direction for conceptual plans through construction for the renovation of an existing 7-acre archery range to accommodate International Archery Federation (FITA) standards for both regional and national tournament. Amenities include ADA access, safety enhancements, archery themed shade structure and storage facility structure. Improvement goals were to stimulate interest in the sport, draw regional/ national events, and provide safety for all. Dates: 2011-2013 14 CA 1891 . NV 396
Principal
With NUVIS
since 1978
Licensure:

CA 1997
Education
BSLA California State
Polytechnic University,
Pomona 1978

TOM MUNOZ, PLA
With decades of experience with the City of Los Angeles, County of Los Angeles, Port of Los Angeles, City of Burbank, and City of Glendale (from Deukmejian Wilderness Park to Fremont Park renovations in the 80’s to Brand Blvd. Downtown Urban Streetscape), as well as many other public agencies, Tom shares his talents and passion for our profession on the City of Corona, Parks & Recreation Commission, as well as a volunteer vice-president of the Corona Historic Preservation Society, volunteer vice-president for the City of Corona Partners for Parks Foundation, volunteer with the Boy Scouts and participant in local California Park and Recreation Society Programs. His emphasis is in water-wise public- and private-oriented park/recreation planning and urban design projects. As a Project Manager on many of NUVIS’ public agency projects, his strengths are in client relations, technical document direction/review, and multi- team/agency coordination.

Professional Affiliations
California Park and Recreation Society
Corona Partners Foundation (CPF) for Parks / Rec. & Corona Historic Preserv. Soc. (CHPS) Boy Scouts of America, Assistant Scout Master, 1997 National Jamboree Recognition
2017 APWA Transp. Project of the Year, Crown Valley Park Tier 2, Laguna Niguel, CA 2015 CMAA Project Achievement Award, Berth 200 Rail Yard & Roadway, San Pedro, CA 2008 APWA Project of the Year, Parks & Recreation, Hesperia Civic Plaza Pk, Hesperia, CA 2006 WCCC
Distinguished Project, Honorable Mention, LA Riverfront Park, Studio City, CA 2005 City of Los Angeles Certificate of Commendation, LA Riverfront Park, Studio City, CA 2004 CPRS Award of Excellence, Central Park Sports Complex, Huntington Beach, CA 2004 So Cal Municip. Athletic Fed., Central Park Sports Complex, Huntington Beach, CA Lemon Park & Maple Community Center
City of Fullerton, CA
Tom served as project manager preliminary plans, alternatives, and construction documents for a
5-acre community park renovation involving neighborhood participation, building refurbishment, new play area, refurbished splash pad, basketball courts, artistic mosaic wall, benches, picnic tables, BBQs, decorative fencing, new concrete walkways, new parking lot, curb-cuts for stormwater management, protected mature trees, and water-efficient planting.

Kenneth Hahn Eastern Ridgeline Trail
LA County Dept. of Public Works, Baldwin Hills, CA
Conceptual plans through construction documents and construction observation for the rehabilitation, and native habitat restoration of a hillside park incorporating new fencing, trails, fitness stations, signage, themed play sculptures, and gateways. High-efficiency irrigation systems, permeable paving, land low-water/native species utilized throughout the project
Central Park Sports Complex
City of Huntington Beach, CA
Tom provided project management for planning exhibits through construction documents of an award winning 45-acre park developed out of the community’s need for competition fields providing recreational opportunities with 8 softball fields, 8 soccer/la crosse fields, play areas, restroom buildings, walkways, built-in spectator seating, and innovative parking areas over a decommissioned landfill with methane venting.

Archery Range Improvement Plan
OC
Parks, Fountain Valley, CA
Renovation and improvement plans for existing archery range to accommodate International Archery Federation (FITA) standards for regional and national tournaments including ADA access, safety enhancements, new shade and storage facility structure.

Improvement goals were to stimulate interest in the sport, draw regional/national events, and provide safety for all.
15 Other Professional Experience
Parks Superintendent, City of Millbrae Parks and Recreation Department, 1997-1998 Public Works Supervisor, City of Pasadena Parks and Forestry Division, 1991-1997 Professional Affiliations
American Society of Landscape Architects
International Society of Arboriculture
National Parks & Recreation Association
Lamont's water-wise experience with public agencies includes urban forestry operations, park design, installation and maintenance operations, water budgets, MWELO, AB1881, WUCOLS, water use calculations, reclaimed systems, construction observation, and personnel supervision. Mr. Klecker has been responsible for the design of public parks, public and private streetscapes, and commercial facilities. While with the City of Milbrae, Mr. Klecker was responsible for analysis and implementation of improved arboricultural techniques for public agency right-of-way planting projects and tree pruning contracts.

CA 1891 . NV 396

LAMONT KLECKER, PLA
Senior Associate
With NUVIS
since 1998
Licensure:

CA 3382
Education
BSLA California State
Polytechnic University,
Pomona 1987
Paul Revere Pocket Park
City of Anaheim, CA
Lamont provided technical documents for a 0.5 acre community park adjacent to Paul Revere Elementary School including a gazebo, volleyball court, playground area, custom community designed mosaic wall, security lighting, exercise stations, ADA walkways, corner plaza, irrigation and planting. Partially funded by Community Development Block Grants (CDBG) and a Federal Land and Water Conservation Fund Program grant, the concept design process involved community input and outreach.

Dates: 2014-2015
Windbourne
(Former Franklin School Site) CenterStone Communities for City of Huntington Beach, CA Lamont provided project management along with construction documents and construction observation for a 1-acre turn-key neighborhood park on the former Franklin Elementary School site. Scope includes public art installation, accessible parkways, fences, walls, site furnishings, group picnic area with decomposed granite and play area with shade structures. Dates: 2016-2020
Tustin Police Memorial
City of Tustin, CA
Lamont provided irrigation construction documents, calculations, and construction observation for renovations and accessible plaza improvements to an existing police memorial including decorative interlocking pavers, engraved donor pavers, relocation of existing memorial bench, new sub-surface drip irrigation, new drought-tolerant planting, and new electrical outlets and lighting. Date: 2017
Crown Valley Park Tier 2 Channel Entry Improvements
City of Laguna Niguel, CA
Lamont provided technical documents, calculations, and construction observation for rejuvenation of 2.5 acres of an existing 20-acre hillside civic park incorporating new amphitheater, play areas, splash pad, trails, themed GFRC play sculptures, custom site furniture, and entry gateways. CBC ADA accessibiliy requirements met throughout the challenging hillside site. High-efficiency irrigation systems, permeable paving, synthetic turf, and low-water use plants along with California native species utilized throughout the project. Dates: 2014-2018
16 KEY PERSONNEL RESUME
City of Huntington Beach | On-Call Professional Design/ Landscape Architectural Services BKF ENGINEERS

BRUCE KIRBY, PE, QSD/QSP
ASSOCIATE | SENIOR CIVIL PROJECT MANAGER
Bruce has been involved in land development site engineering and is a professional engineer that has directed the design of many civic, recreational, institutional, educational, retail, commercial, industrial, 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, sewer and water infrastructure required for several large master-planned community projects.

SELECT PROJECT EXPERIENCE

EDUCATION
B.S., Civil Engineering;
California Polytechnic
University, Pomona

REGISTRATION
Professional Civil Engineer
CA No. 42393

QUALIFICATIONS
Qualified SWPPP
Developer (QSD) &
Practitioner (QSP) CA,
No. 20900
Envision Sustainability
Professional (ENV SP)

TOTAL YEARS

EXPERIENCE
38 years, 4 yrs with BKF
Great Park Visitor Center Plaza, Irvine, CA
- Project Manager for preliminary civil design for the Visitor’s Center Plaza and Hangar 244 North area at the Orange County Great Park
- This 5.2 acre site is situated between the Great Park Visitor’s Center building and Hanger 244
- Civil design includes the design of grading and drainage facilities to support the site improvement upgrades for the new adjacent site facilities, landscape areas, shading and overall accessibility
- The ADA access for the main point of entry for the Sports Park and the other facilities within the Great Park will be part of the project civil design effort Irvine Plaza Neighborhood Park, ADA Design, Irvine, CA
- Project Manager responsible for providing civil engineering design services for upgrades to an existing public park built in 1996
- Park is a 7.7-acre park facility located at 610 Paseo Westpark in the village of Westpark II of Irvine
- Proposed civil design includes ADA improvements to increase site accessibility and enhance the public’s use and enjoyment of the facility - ADA improvements designed for the park include upgraded pedestrian access to new accessible play equipment, and new accessible site furnishings - Scope included enhancing ADA path of travel to the site amenities such as restrooms and group barbeques, and improving overall pedestrian accessibility to and through the park with new paths of travel Irvine Sweet Shade Park Project, Irvine, CA
- Provided City with civil engineering & land surveying services regarding new playground areas and ADA upgrades to the Sweet Shade Neighborhood Park - Project location of the proposed universal playground will be in and around the existing playground, and within the turf areas to the north and/or east of the Ability Center
- City’s goal is to develop playground that is inclusive and universally accessible - Topographic basemap was developed using conventional survey methods and then supplementing the base with data from the as-built plans to show the existing drainage system
- Efforts included an ADA field analysis to identify areas of the ADA Path of Travel (POT) that are non-compliant and will need to be modified to meet current ADA criteria
17 CD DESIGN GROUP STAFF

Dale C. Karjala, P.E., CA Lic.# E-7338
Staff Engineer

EDUCATION
B.S., Electrical Engineering, University of California, Los Angeles 1964 Multiple post-graduate courses, electrical engineering California State University, Long Beach 1965-68

SUMMARY OF EXPERIENCE
Electrical Engineering: Over 49 years experience (17 with CD Design Group) in all aspects of consulting electrical engineering and commercial lighting design throughout the United States. Partner and supervising engineer for 30+ person electrical engineering firm in Costa Mesa, California. Management of numerous healthcare, municipal, Sports and Regional Parks, entertainment, and educational projects encompassing complete new and retrofit construction. Complete working knowledge of latest version National Electrical Code and Uniform Building Code.

CA License # E-7338, Member of Illuminating Engineers Society of Orange County since 1975 Dale’s availability is on-demand for local projects, up to 100 percent as necessary.

Christopher D. Karjala
Principal

EDUCATION
B.A., English Literature, California State University, Long Beach, 1994

EXPERIENCE OVERVIEW
Electrical Design: Over 22 years experience in design (17 with CD Design Group), planning, project management, and engineering of commercial retail, institutional, healthcare, and municipal projects including Regional and Neighborhood parks and community centers. All aspects of consulting electrical engineering and lighting design including extensive in- field analysis of existing aesthetic as -built conditions for P.F. Chang’s restaurants (multiple locations nationwide), coordination of complete new and retrofit construction (many/various), and thorough project administration and support. Complete working knowledge of latest version National Electrical Code and Uniform Building Code.

Member of Illuminating Engineers Society of Orange County since 1998 Chris’ availability is on-demand for local projects, up to 100 percent as required.

P.O. Box 4107
Irvine, California 92612-4107
949.387.8476

18 City of Fullerton RFQ #4368 On-Call Landscape Architect Services Proposal Valid to: 04.30.2022Proposal Issued: 01.18.2022 Key Personnel Statement: The key personnel indicated herein will be available for the duration of the project.

No person designated as 'key' will be removed or replaced without the prior written concurrence of the City . organizational chart
19 NUVIS is in tune with the aforementioned goals of the City and the community it serves.

Production of preliminary plans and designs, entitlements/permits, construction documents, reports/studies/analysis, and professional services during bid and construction have been the cornerstone of NUVIS’ daily business since 1971. And while many firms host the ability to produce plans, there is something special that separates NUVIS from our competitors. It is our belief that each city is distinctive, and we pay particular attention to socio-demographic composition, lifestyle patterns, behavioral patterns, and characteristic historical, economic, political, and cultural features are the foundation for the design process. We do not assume that successful projects for other cities would necessarily be successful for Huntington Beach, yet at the same time we draw upon successful projects as inspiration to springboard to provide customer-driving design. Drawing upon successes yet pivoting towards specific community needs and site-specific responses to develop community approved projects are hallmarks of NUVIS landscape architecture design.

Bastanchury Park
NUVIS 2005
www.nuvis.net [email protected] 714-754-7311
work plan
Detailed Work Plan
20 This phase centers on information gathering and program definition. A portion of this task is to perform appropriate functions such as project research through a literature search and personal interviewing with regard to applicable regulations, attitudes, and general planning/development concerns. These accumulated materials along with verbal resource communication from various sources enrich the design process.

The NUVIS team shall conduct a pre-design tour of the project area. The goal of the site reconnaissance will be to familiarize ourselves with existing conditions relevant to the goals of City of Fullerton RFQ #4368 On-Call Landscape Architect Services Proposal Valid to: 04.30.2022Proposal Issued: 01.18.2022 The initial step in the preparation of documents would be to meet with the City's designated Project Manager and appropriate inter departmental representatives for the purpose of:
• under standing the expectations anticipated,
• de veloping a clear definition of design criteria and program objectives, and • r efining a detailed project schedule.

We believe the key to the success of a project is effective and thorough communication between the City and design team to identify and resolve issues, thus allowing the necessary services to proceed quickly and efficiently. We understand that our responsibilities include not only answering the questions but facilitating the process by determining which appropriate questions should be asked.

NUVIS approaches projects through practical analysis of the unique conditions associated with the particular location and program criteria. Design solutions are then tailored to the specific situation to ensure maximum effectiveness. Our project management process is predicated upon:
• under standing, articulating, and resolving specific project issues, • es tablishing and following a well-defined design statement, • inno vative, creative analysis and alternative idea generation, • int ensive design team collaboration.

This task includes coordination and interface including, but not limited to, meetings, telephone conversations, memos, faxes, voice mail, and e-mail with stakeholders, applicable governmental agencies’ departments, and project design team. Initially, the meetings establish the guidelines and specific criteria to direct the team's efforts. Thereafter, coordination provides a continuum to receive information, clarify input, inform staff of progress and direction, generate information, and allow the agency the opportunity to review and comment on draft concepts and recommendations. Concerns, needs or alterations are addressed expeditiously, thereby keeping the progress of the work at a maximum. project orientation & management
approach to scope of
services
site reconnaissance and data review
21 the task order. The tour includes City’s Project Manager, subconsultants and appropriate inter departmental representatives. This reconnaissance process may include:
visually identifying: adjacent land uses, landform/topography, soil characteristics, existing flora/fauna, drainage patterns, existing infrastructure, pertinent visual characteristics, environmental conditions, site influences, and view potential/orientation and visual impact (internal and external views); and
evaluating: climate conditions, impact of pedestrian, equestrian, bicycle, and vehicular circulation patterns including site lines, physical opportunities and constraints, and maintenance needs (including elimination of side pruning adjacent to streets).

If necessary, NUVIS will include additional investigative reports and services to evaluate the existing conditions of the project site. A similar approach is taken for conducting facility assessments. Sites reconnaissance assessments are conducted to explore the current state of the landscape and park/facility amenities from a professional landscape architect’s perspective.

Designs should respond to and reflect the Communities’ specific needs. If desired by the City, NUVIS will include community meetings with the goal of receiving input and ultimately, receiving approval by the City.

The key to achieving desired results is to maximize involvement as early in the process as possible. Interested and affected parties want to present input and have a ‘voice’ before decisions are made by others. Involvement by all interested parties is encouraged throughout the design process, with each phase of the process responding to and building upon the input received. Occasionally, ideas presented cannot be incorporated into the design due to program conflicts, budgetary issues, and/or right-of-way or jurisdictional concerns. Through early collaboration, voices can be heard and responded to without simply being dismissed.

NUVIS’ role at community meetings will be to assist the agency in merging ideas and developing pertinent issues into feasible and agreed upon solutions. The goals of each session differ as the process evolves, but the following would be used as general guidelines:
• lis ten and learn,
• seek out the " experts" in specialized areas,
• e xplore the concerns of interested parties,
• ask ques tions
• assis t in mitigating conflicts between interest groups, • giv e recommendations and information, and
• r eceive information.

To assist in guiding the communication, NUVIS will provide handouts and/or develop a PowerPoint presentation as contracted by the City. Information may include agenda, project background information, reduced plans etc. NUVIS may also provide renderings, exhibits and computer generated graphics (Before/Afters) to help convey project information and design intent.

Integral to NUVIS’ preferred design style is serving as facilitator and participant in project- oriented design charrettes, giving each discipline the opportunity to present input regarding their distinctive areas throughout the design process. This integration addresses concerns in an open session in order to create a functional and aesthetic design solution. Ultimately, NUVIS will work with agency to build philosophical consensus on the project. www.nuvis.net [email protected] 714-754-7311
community meetings and presentations
22 Once an alternative is chosen by the agency, this stage involves refining and delineating the alternative into one (1) succinct plan.

A strategy meeting will be held with agency project staff/personnel to review input and establish direction. A draft conceptual plan will be prepared and accompanied by refined thumbnail sketches or illustrative elevations/cross sections supporting the recommendations.

The plan would graphically illustrate the various land use elements and detail the landscape treatment including, but not limited to:
• physical opportunities and limitations.
• impact on pedestrian and vehicular circulation patterns. • visual and physical security measures.
• compliance with MWELO (State Water Ordinance), California Title 24, ADA and other local, state and federal regulations as they apply.
• integration of proposed elements to immediate surroundings. • thematic concepts for site amenities; and
• long term ease of maintenance.

A preliminary Statement of Probable Construction Cost is typically developed to monitor the effect of the design on the budget.

Deliverables may include:
• Preliminary Design Concepts
• Conceptual Sections and Elevations
• Concept Images
• Plant Palette
• Hardscape Palette
City of Fullerton RFQ #4368 On-Call Landscape Architect Services Proposal Valid to: 04.30.2022Proposal Issued: 01.18.2022 At this stage, NUVIS discusses design strategy with staff and responds initially with land use designation alternatives in plan view format. Conceptual ‘tissue’ studies will be prepared illustrating proposed theming ideas including, but not limited to site layout, landscape planting, paving, water feature, signage/monuments, site furniture, and accent elements.

Alternative concepts may be created in ‘bubble diagrammatic’ format for review and comment. Computer generated exhibits may be employed to help further convey the design intent. Exhibits are typically rendered in color.

Deliverables may include:
• Program Development and Description
• Opportunities/Constraints Maps/Exhibits
• Computer Generated Before & After Images
• Thematic Imagery Boards (Photographs)
• Diagrammatic Design (Bubble Diagrams/Master Plan)
Conceptual plans
Schematic Plans
23 www.nuvis.net [email protected] 714-754-7311
design development plans
NUVIS refines the Schematic Design Phase further within this phase with inclusion of more detailed sketches and the initial building of the landscape architecture construction documents in AutoCAD. The plans at this stage may include:
• species, location, and container size with an appropriate number of related conceptual landscape installation details.
• hardscape and paving plans developed at an appropriate scale and include material selection as to type, color, and texture (for proposed horizontal and vertical elements) with an appropriate number of related conceptual landscape construction details.

Deliverables may include:
• Refined Schematic Design, Vignettes and Sketches
• Refined Sections and Elevations
• Design Development Details
• Design Development Planting Plan+
• Design Development Hardscape Plan
•
construction documents
Preparation of construction documents further refines the landscape architecture detail design development package into one set of working drawings and specifications, ready for construction. Plans will be prepared in AutoCAD at 1”=20’ (or agreed upon scale) conforming to all local, state, and federal requirements. Construction Documents for landscape design may include, but not limited to the following:
• General Construction Notes
• Construction Details (hardscape, signage, play equipment etc) • Site Improvement, Profiles and Typical Sections
• Erosion Control Plans & Details
• Grading and Drainage Plans
• Landscape Planting Plans
• Irrigation
• Electrical Plans
Plans are submitted at agreed upon intervals to the agency for plan check and review. Upon receipt of comments or corrections, NUVIS will ensure any noted issues are addressed or corrected prior to progressing the plans to the next level of completion.

The final documents will be submitted with a statement of probable construction costs relative to the bid item quantities for formal plan check by the City and applicable governing agencies. Technical specifications are prepared conforming to the latest edition of the "Greenbook" Standard Specification for Public Works Construction and applicable local, County, State, and Federal regulations and codes (i.e., CPSC, ADAAG and DOI). Prior to Notice of Bid, either one-set of reproducible documents, electronic copy of PS&E and designated number of bond printed copies and specifications books will be submitted. 24 NUVIS is available for interpretation of plans and specifications, submitting information for addenda, reviewing bid proposals, and assisting with the awarding of the construction contract.

Performance of field observation during construction establishes standards of acceptability.

Duties may include, but not limited to:
• attendance at pre-construction conference.
• respond to questions and interpret plans and specifications. • assisting in determining and processing change orders. • attendance at periodic site visits as mutually agreed with the agency. • review of shop drawings, samples, and other submissions. • field selection of plant material.
• participation in preliminary and final checklist preparation.

Record Drawings
NUVIS shall prepare as-built prepare record drawings from Contractor provided redlined “as- built” drawings once the project construction has been completed and approved by the City to depict the installed project by the Contractor.

Lemon Park & Maple Community Center
NUVIS 2012
City of Fullerton RFQ #4368 On-Call Landscape Architect Services Proposal Valid to: 04.30.2022Proposal Issued: 01.18.2022 bid phase and construction services
25 NUVIS approaches each project through practical analysis of the unique conditions associated with the location and program criterion. Design solutions are then tailored to the specific situation to ensure maximum effectiveness. Our project management process is predicated upon:
• understanding, articulating and resolving specific project issues. • establishing and following a well-defined design statement. • innovative, creative analysis and alternative idea generation; and • intensive design team collaboration.

A number of management tools will be utilized in progressing the project including graphically presented timeline, regular meetings, and regular progress/project status reports.

Our goals will be to:
• develop an awareness of the project and Agency expectations. • obtain concurrence on a time schedule.
• identify issues before they become problems.
• review appropriately, critical issues.
• maintain communication flow with the city and subconsultants; and • provide technical direction for project requirements and standards.

Regularly scheduled in house meetings will be held with members of the NUVIS team.

Schedules and technical items will be reviewed, and remedial action will be taken as necessary to maintain adherence to an established schedule.

Our process of creating recreation/leisure facilities begins with the development of a program that states the requirements. The goal is to develop a strategic approach, provide alternatives, and develop a solution that integrates existing land use to provide for its optimum utilization.

In today’s economic time, it’s prudent to view the viability of a firm. There are an appropriate and manageable number of contracts open to the size of our corporation. Our design studios are divided into teams to more efficiently handle the workload. Due to the size and volume of our business, NUVIS is constantly looking for new and challenging projects that reflect our firm's capabilities, interests, and marketing strategies. Essentially, we felt it appropriate to put in the time and effort to prepare this response since providing a quality-of-life in the public realm is of great interest to NUVIS.

Our history of providing professional services indicates not only are we able to pivot to meet the needs of our clients, but we maintain appropriate resources to do so. www.nuvis.net [email protected] 714-754-7311
approach to resource
management
26 City of Fullerton RFQ #4368 On-Call Landscape Architect Services Proposal Valid to: 04.30.2022Proposal Issued: 01.18.2022 NUVIS is proud of our reputation for
timely responsiveness and ability to
prepare plans and documents which
are sensitive to our client’s budgetary
constraints, but not limited by them.

Services are performed expeditiously
as is consistent with professional skill
and care to meet mutually agreed upon
deadlines and submittal dates.

NUVIS shall perform services as
expeditiously as is consistent with
generally accepted standards of
practice, professional skill and care to
meet requested submittal dates. We
prefer to address projects in a pro-
active stance, not by reactionary or
crisis management.

Quality services are by design.

Advanced planning and experience
guide the project and team toward
the delivery of quality professional
products. It will be this team's goal
to monitor and furnish services in a
manner which will produce consistency
in deliverables. Regular communication
and forums will be held with NUVIS
team members to monitor schedules,
review technical items, and address
remedial actions as necessary to
maintain adherence to desired time
frames. The software program,
Microsoft Project, is often utilized to
keep the Client and team on track.

NUVIS currently has a staff of 17
professionals. The NUVIS team is
prepared to begin work immediately
with appropriate resources allocated
to meet the desired time frames and
deadlines as they arise, without any
known conflict of time or interest as of
the date of this response to the Request
for Qualification.
staffing and capacity
to meet schedules
27 Please REFER TO following pages for Subconsul tant Rates www.nuvis.net [email protected] 714-754-7311
fee proposal
NUVIS hourl y professional rates
Direct Project Expenses
1 Corporate Principal $200 p/h
2 Principal $170 p/h
3 Sr. Associate $155 p/h
4 Associate $140 p/h
5 CADD Technician I $130 p/h
6 CADD Technician II $120 p/h
7 Administrative $85 p/h
Direct Project Expenses (DPE) shall be billed to the CLIENT in addition to fees for professional scope of services at the multiplier of 1.15% of actual cost. They include, but may not be limited to, production ‘materials’ or expenditures on behalf of the project, including:
computer related expenses (ie: plotting and digital transfer items); domestic courier delivery service and postage/ shipping/ overnight delivery; facsimile (outgoing); photography and related supplies; applicable travel expenses (including mileage at the current IRS rate); in- house printing/reproduction; special insurance coverage; and subconsultants not retained by the CLIENT .

NUVIS professional services (including portal to portal domestic travel time) performed on an hourly basis will be billed at the following personnel rates.

Fee Proposal
28 BKF ENGINEERS

PROFESSIONAL SERVICES RATE SCHEDULE
JANUARY 1, 2022 – DECEMBER 31, 2022

CLASSIFICATION HOURLY RATE

PROJECT MANAGEMENT
Principal/Vice President $264.00
Senior Associate/Vice President $237.00
Associate $230.00
Senior Project Manager | Senior Technical Manager $230.00 Project Manager | Technical Manager $224.00
Engineering Manager | Surveying Manager | Planning Manager $207.00

TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $192.00 Project Engineer | Project Surveyor | Project Planner $169.00 Design Engineer | Staff Surveyor | Staff Planner $147.00 BIM Specialist I, II, III $147.00 - $169.00 - $192.00
Technician I, II, III, IV $140.00 - $149.00 - $163.00 - $176.00 Drafter I, II, III, IV $110.00 - $120.00 - $130.00 - $145.00 Engineering Assistant | Surveying Assistant | Planning Assistant $91.00

FIELD SURVEYING
Survey Party Chief $192.00
Instrument Person $165.00
Survey Chainperson $123.00
Utility Locator I, II, III, IV $100.00 - $142.00 - $170.00 - $193.00 Apprentice I, II, III, IV $76.00 - $102.00 - $113.00 - $119.00

CONSTRUCTION ADMINISTRATION
Senior Consultant $251.00
Senior Construction Administrator $218.00
Resident Engineer $162.00
Field Engineer I, II, III $147.00 - $169.00 - $192.00

PROJECT ADMINISTRATION
Project Assistant $93.00
Senior Project Assistant
Project Coordinator
$106.00
$122.00
Clerical | Administrative Assistant $79.00

Expert witness rates are available upon request.

Subject to the terms of a services agreement:
• Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to:
printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials.
• Allowable mileage will be charged at the prevailing IRS rate per mile. • Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts.
29 NUVIS
Perry Cardoza, President

PROJECT: City of Fullerton (Undefined project)

Dear Perry,
The following is our hourly rate breakdown relating to the City of Fullerton electrical engineering services:

A. Services to be at our standard hourly rates or at a mutually agreed upon fixed amount.

Our hourly rates are as follows:

Principal $95.00/hr
Design/Draft $6 5.00/hr
Administrative $45.00/hr
B. Reimbursable expenses for printing, and courier services are at straight cost, no markup.

Sincerely,
CD Design Group

Christopher D. Karjala
Principal

______________________________________________ ____________________ FOR: Perry Cardoza, NUVIS DATE

P.O. Box 4107
Irvine, California 92616-4107
949.387.8476p/f

CA LICENSE #E-7338

30 SECTION VII

STATUS OF PAST AND PRESENT CONTRACT FORM
T
he 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. B
y signing this Form entitled “Status of Past and Present Contracts,” I am affirming that all of the information provided is true and accurate.

Sig
nature: ________________________________ Date: ___________________________ N
ame: ___________________________________
T
itle: ____________________________________
Public Agency city/county/other:

Contact Name: Phone:

Proje
ct Award Date: Original Contract Value:

Term of Contract:
1)
S
tatus of Contract:
2) I
dentify claims / litigation or settlements associated with the contract:

NUVIS does not have any past/present contract where NUVIS has provided services as a prime contractor or a subconsulant during the past 5 years in which the contract has ended or will end in termination, settlement, or litigation.
31 SECTION VIII

EXCEPTIONS FORM

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".

x
NUVIS
1/13/2022
20250 SW Acacia Street, Suite 260 Newport Beach, CA 92660 Perry A. Cardoza, PLA
President
authorized officer
Secretary: Robert W. Stone, PLA
32 Since 1971, NUVIS
has provided the full
spectrum of professional
landscape architectural
services, from creative
idea generation to graphic
conceptuals through
construction documents
and field observation,
for a multitude of private
developers, design
professionals, and public
agencies.
[email protected]
www.nuvis.net
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
10/19/2021
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
The Certificate Team
[email protected]
License#: 6003745
Travelers Property Casualty Company of America
25674
NUVIS00-01
The Travelers Indemnity Company of Connecticut
25682
NUVIS
714-754-7311
20250 SW Acacia Street, Suite 260
Newport Beach CA 92660
Travelers Casualty and Surety Co of America
31194
734451862
A
X
1,000,000
X
1,000,000
X
Contractual Liab
10,000
Included
1,000,000
2,000,000
X
X
Y
Y
6806H244891
10/29/2021
10/29/2022
2,000,000
B
1,000,000
X
X
Y
Y
BA2S559471
10/29/2021
10/29/2022
A
X
Y
UB7J274169
10/29/2021
10/29/2022
1,000,000
1,000,000
1,000,000
C
Professional Liability
105712210
10/29/2021
10/29/2022
Per Claim
Aggregate Limit
$2,000,000
$3,000,000
Insured owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies.

RE: All Operations of the Named Insured
The City of Fullerton, its elected and appointed officials, officers and employees are named as additional insureds as respects to general and auto liability as required by written contract. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s).
30 Day Notice of Cancellation
City of Fullerton
303 West Commonwealth Ave.

Fullerton CA 92832

Ð Ñ Ô × Ý ÇÒ Ë Ó Þ Û Î æ

COMMERCIAL GENERAL LIABILITY
Ì Ø × ÍÛ Ò Ü Ñ Î Í Û Ó Û Ò Ì Ý Ø ß Ò Ù Û ÍÌ Ø ÛÐ Ñ Ô × Ý Ç ò Ð Ô Û ß Í ÛÎ Û ß Ü× Ì Ý ß Î Û Ú Ë Ô Ô Ç ò                 
             
          
                 
Ì ¸ · » ² ¼ ± ® » ³ » ² ¬ ³ ± ¼ · º · » · ² « ® ¿ ² ½ » ° ® ± ª · ¼ » ¼ « ² ¼ » ® ¬ ¸ » º ± ´ ´ ± © · ² ¹ æ Ý Ñ Ó Ó Û Î Ý × ß Ô Ù Û Ò Û Î ß Ô Ô × ß Þ × Ô × Ì ÇÝ Ñ Ê Û Î ß Ù ÛÐ ß Î Ì        
                                                                                             × ² º ± ® ³ ¿ ¬ · ± ² ® » ¯ « · ® » ¼ ¬ ± ½ ± ³ ° ´ » ¬ » ¬ ¸ · Í ½ ¸ » ¼ « ´ » ô · º ² ± ¬ ¸ ± © ² ¿ ¾ ± ª » ô © · ´ ´ ¾ » ¸ ± © ² · ² ¬ ¸ » Ü » ½ ´ ¿ ® ¿ ¬ · ± ² ò        
          · ¿ ³ » ² ¼ » ¼¬ ±· ² ó ´ ± ½ ¿ ¬ · ± ²¼ » · ¹ ² ¿ ¬ » ¼¿ ² ¼¼ » ½ ® · ¾ » ¼· ²¬ ¸ » ½ ¸ » ¼ « ´ »± º ½ ´ « ¼ »¿ ¿ ²¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼¬ ¸ »° » ® ± ² ø ÷ ± ® ± ® ó ¬ ¸ · » ² ¼ ± ® » ³ » ² ¬° » ® º ± ® ³ » ¼ º ± ®¬ ¸ ¿ ¬¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² ó ¹ ¿ ² · ¦ ¿ ¬ · ± ² ø ÷ ¸ ± © ² · ²¬ ¸ »Í ½ ¸ » ¼ « ´ » ô ¾ « ¬ ± ² ´ §© · ¬ ¸ « ® » ¼ ¿ ² ¼ · ² ½ ´ « ¼ » ¼ · ² ¬ ¸ » þ ° ® ± ¼ « ½ ¬ ó ½ ± ³ ° ´ » ¬ » ¼ ± ° » ® ¿ ó ® » ° » ½ ¬ ¬ ± ´ · ¿ ¾ · ´ · ¬ § º ± ® þ ¾ ± ¼ · ´ § · ² ¶ « ® § þ ± ® þ ° ® ± ° » ® ¬ § ¼ ¿ ³ ó ¬ · ± ² ¸ ¿ ¦ ¿ ® ¼ þ ò ¿ ¹ » þ ½ ¿ « » ¼ ô · ² © ¸ ± ´ » ± ® · ² ° ¿ ® ¬ ô ¾ § þ § ± « ® © ± ® µ þ ¿ ¬ ¬ ¸ »         
× Í ÑÐ ® ± ° » ® ¬ · » ô × ² ½ ò ô î ð ð ì Ð ¿ ¹ » ï ± º ï Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs.

Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies.

CG T8 02 XX XX
DATE OF ISSUE:
6806H244891
10/29/2021
Ð Ñ Ô × Ý ÇÒ Ë Ó Þ Û Î

COMMERCIAL GENERAL LIABILITY
Ì Ø × ÍÛ Ò Ü Ñ Î Í Û Ó Û Ò Ì Ý Ø ß Ò Ù Û ÍÌ Ø ÛÐ Ñ Ô × Ý Ç ò Ð Ô Û ß Í ÛÎ Û ß Ü× Ì Ý ß Î Û Ú Ë Ô Ô Ç ò                 
             
          
              
           
Ì ¸ · » ² ¼ ± ® » ³ » ² ¬ ³ ± ¼ · º · » · ² « ® ¿ ² ½ » ° ® ± ª · ¼ » ¼ « ² ¼ » ® ¬ ¸ » º ± ´ ´ ± © · ² ¹ æ Ý Ñ Ó Ó Û Î Ý × ß Ô Ù Û Ò Û Î ß Ô Ô × ß Þ × Ô × Ì ÇÝ Ñ Ê Û Î ß Ù ÛÐ ß Î Ì        
                                                                               ø × ² º ± ® ³ ¿ ¬ · ± ² ® » ¯ « · ® » ¼ ¬ ± ½ ± ³ ° ´ » ¬ » ¬ ¸ · Í ½ ¸ » ¼ « ´ » ô · º ² ± ¬ ¸ ± © ² ¿ ¾ ± ª » ô © · ´ ´ ¾ » ¸ ± © ² · ² ¬ ¸ » Ü » ½ ´ ¿ ® ¿ ¬ · ± ² ò ÷   Í » ½ ¬ · ± ² × ×
É¸ ± × ß ² × ² « ® » ¼ · ¿ ³ » ² ¼ » ¼ ¬ ± · ² ó Ì ¸ · · ² « ® ¿ ² ½ » ¼ ± » ² ± ¬ ¿ ° ° ´ § ¬ ± þ ¾ ± ¼ · ´ § · ² ¶ « ® § þ ± ® ½ ´ « ¼ »¿ ¿ ²¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼¬ ¸ »° » ® ± ² ø ÷ ± ® þ ° ® ± ° » ® ¬ § ¼ ¿ ³ ¿ ¹ » þ ± ½ ½ « ® ® · ² ¹ ô ± ® ° » ® ± ² ¿ ´ · ² ¶ « ® § Œ ± ® ¹ ¿ ² · ¦ ¿ ¬ · ± ² ø ÷ ¸ ± © ²· ²¬ ¸ »Í ½ ¸ » ¼ « ´ » ô ¾ « ¬ ± ² ´ § ± ® ¿ ¼ ª » ® ¬ · · ² ¹· ² ¶ « ® § Œ ¿ ® · · ² ¹± « ¬ ± º ¿ ² ± º º » ² » © · ¬ ¸ ® » ° » ½ ¬ ¬ ± ´ · ¿ ¾ · ´ · ¬ § º ± ® þ ¾ ± ¼ · ´ § · ² ¶ « ® § þ ô þ ° ® ± ° » ® ¬ § ½ ± ³ ³ · ¬ ¬ » ¼ ô ¿ º ¬ » ® æ ¼ ¿ ³ ¿ ¹ » þ ô þ ° » ® ± ² ¿ ´ · ² ¶ « ® § Œ ± ® ¿ ¼ ª » ® ¬ · · ² ¹· ² ¶ « ® § þ  ß ´ ´ © ± ® µ ô · ² ½ ´ « ¼ · ² ¹³ ¿ ¬ » ® · ¿ ´ ô ° ¿ ® ¬ ± ® » ¯ « · ° ó½ ¿ « » ¼ ô · ² © ¸ ± ´ » ± ® · ² ° ¿ ® ¬ ô ¾ § æ ³ » ² ¬ º « ® ² · ¸ » ¼· ² ½ ± ² ² » ½ ¬ · ± ²© · ¬ ¸ « ½ ¸© ± ® µ ô   Ç ± « ® ¿ ½ ¬ ± ® ± ³ · · ± ² å ± ® ± ² ¬ ¸ » ° ® ± ¶ » ½ ¬ ø ± ¬ ¸ » ®¬ ¸ ¿ ² » ® ª · ½ » ô ³ ¿ · ² ¬ » ó ² ¿ ² ½ »± ® ® » ° ¿ · ® ÷ ¬ ±¾ »° » ® º ± ® ³ » ¼¾ §± ® ± ²  Ì ¸ » ¿ ½ ¬ ± ® ± ³ · · ± ² ± º ¬ ¸ ± » ¿ ½ ¬ · ² ¹ ± ² § ± « ® ¾ » ¸ ¿ ´ º ± º ¬ ¸ » ¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼ ø ÷ ¿ ¬ ¬ ¸ » ´ ± ½ ¿ ó¾ » ¸ ¿ ´ º å ¬ · ± ² ± º ¬ ¸ » ½ ± ª » ® » ¼ ± ° » ® ¿ ¬ · ± ² ¸ ¿ ¾ » » ² ½ ± ³ ó · ² ¬ ¸ » ° » ® º ± ® ³ ¿ ² ½ » ± º § ± « ® ± ² ¹ ± · ² ¹ ± ° » ® ¿ ¬ · ± ² º ± ®° ´ » ¬ » ¼ å ± ® ¬ ¸ »¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼ ø ÷ ¿ ¬ ¬ ¸ »´ ± ½ ¿ ¬ · ± ² ø ÷ ¼ » · ¹ ó  Ì ¸ ¿ ¬ ° ± ® ¬ · ± ²± º þ § ± « ® © ± ® µ þ ± « ¬ ± º © ¸ · ½ ¸¬ ¸ »² ¿ ¬ » ¼ ¿ ¾ ± ª » ò · ² ¶ « ® § ± ® ¼ ¿ ³ ¿ ¹ » ¿ ® · » ¸ ¿ ¾ » » ² ° « ¬ ¬ ± · ¬ · ² ó  É· ¬ ¸® » ° » ½ ¬ ¬ ±¬ ¸ »· ² « ® ¿ ² ½ »¿ º º ± ® ¼ » ¼¬ ±¬ ¸ » » ¬ » ² ¼ » ¼ « » ¾ § ¿ ² § ° » ® ± ² ± ®± ® ¹ ¿ ² · ¦ ¿ ¬ · ± ²¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼ ô ¬ ¸ » º ± ´ ´ ± © · ² ¹ ¿ ¼ ¼ · ¬ · ± ² ¿ ´ » ¨ ½ ´ « ó± ¬ ¸ » ® ¬ ¸ ¿ ²¿ ² ± ¬ ¸ » ® ½ ± ² ¬ ® ¿ ½ ¬ ± ® ± ® « ¾ ½ ± ² ¬ ® ¿ ½ ó · ± ² ¿ ° ° ´ § æ ¬ ± ® » ² ¹ ¿ ¹ » ¼ · ² ° » ® º ± ® ³ · ² ¹ ± ° » ® ¿ ¬ · ± ² º ± ® ¿ ° ® · ² ½ · ° ¿ ´ ¿ ¿ ° ¿ ® ¬ ± º ¬ ¸ » ¿ ³ » ° ® ± ¶ » ½ ¬ ò          Ý ± ° § ® · ¹ ¸ ¬ î ð ð ë Ì ¸ » Í ¬ ò Ð ¿ « ´ Ì ® ¿ ª » ´ » ® Ý ± ³ ° ¿ ² · » ô × ² ½ ò ß ´ ´ ® · ¹ ¸ ¬ ® » » ® ª » ¼ ò Ð ¿ ¹ » ï ± º ï × ² ½ ´ « ¼ » ½ ± ° § ® · ¹ ¸ ¬ » ¼ ³ ¿ ¬ » ® · ¿ ´ ± º × ² « ® ¿ ² ½ » Í » ® ª · ½ » Ñ º º · ½ » ô × ² ½ ò © · ¬ ¸ · ¬ ° » ® ³ · · ± ² ò Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed.

Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.

CG T8 01 XX XX
DATE OF ISSUE:
6806H244891
10/29/2021

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 #
6806H244891
6806H244891
6806H244891

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 #
6806H244891

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:

BA2S559471

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 #
BA2S559471

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.

UB7J274169
Travelers Property Casualty Company of America
10/19/2021

City Council - Successor Agency - Housing AuthorityJuly 19, 2022

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