Cities Index.
071922 PR On-Call Landscape Architect RJM Agreement

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

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

CITY OF FULLERTON

PROFESSIONAL SERVICES AGREEMENT
WITH
RJM DESIGN GROUP, INC.

THIS AGREEMENT is made and entered into this 19th day of July, 2022 (“Effective Date”), by and between the CITY OF FULLERTON, a California municipal corporation (“City”), and RJM DESIGN GROUP, INC., a California corporation (“Consultant”).

W I T N E S S E T H :

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

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

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

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

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

1.0. SERVICES PROVIDED BY CONSULTANT

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

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

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

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

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

(c) Terminate the Agreement as hereinafter set forth.

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

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant 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
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unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

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

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

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

3.0. TIME OF PERFORMANCE

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

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

4.0. TERM AND TERMINATION

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

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

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

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

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

5.0. INSURANCE

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

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

5.2. Minimum Scope and Limits of Insurance.

A. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance coverage with a limit of not less than $2,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Agreement or shall be twice the required occurrence limit.

B. Business Automobile Liability Insurance. Consultant shall maintain business automobile liability insurance coverage with a limit of not less than $2,000,000 each accident.

Such insurance shall include coverage for owned, hired and non-owned automobiles.

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

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

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

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City of Fullerton

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

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

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

B. Commercial General Liability. This insurance shall be primary insurance as respects the CITY, its officers, employees and volunteers at least as broad as ISO CG 20 01 04 13 and shall apply separately to each insured against whom a suit is brought or a claim is made.

Any insurance or self -insurance maintained by the City, its officers, employees and designated volunteers shall be excess of this insurance and shall not contribute with it.

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

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

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

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

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

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

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

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

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

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

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

6.0. GENERAL PROVISIONS

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

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

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

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

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

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

IF TO CONSULTANT: IF TO CITY:

RJM Design Group, Inc.
31591 Camino Capistrano San
Juan Capistrano, CA 92675
Attn: Larry Ryan, President

City of Fullerton
303 W. Commonwealth Ave.

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

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

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

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.

Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. To the fullest extent of the law, and consistent with Civil Code section 2782.8, Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against City, its elected and appointed officials, officers, agents, and employees to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in performing design professional services pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents, and employees based upon such negligence, recklessness, or willful misconduct, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

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

6.9. Independent Contractor . Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

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

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

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

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

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

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

6.14. Conflict of Interest . Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

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

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

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

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

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

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

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguit y 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)

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Table of Contents

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

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SECTION I

NOTICE OF REQUEST FOR QUALIFICATIONS
On-Call Landscape Architect Services

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

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

OVERVIEW

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

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

Accurate cost estimates for projects will be required.

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

GOALS

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

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

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SUBMITTAL DEADLINE

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

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

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SECTION II

SCOPE OF SERVICES/SCOPE OF WORK

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

SERVICES TO BE FURNISHED BY CONSULTANT

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

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

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

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

5. Provide assistance during the construction process;

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

PERIOD OF AWARD

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

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

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

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

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SECTION III

INSTRUCTIONS TO PROPOSERS

EXAMINATION OF QUALIFICATION DOCUMENTS

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

ADDENDA

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

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

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

CALIFORNIA PUBLIC RECORDS ACT (CPRA)

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

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

REQUEST FOR INFORMATION

Submitting Questions

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

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

City Responses

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

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

City Contact

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

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

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

SUBMISSION OF PROPOSALS

Date and Time

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

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

How to Submit

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

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

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

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

ACCEPTANCE OF PROPOSALS

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

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

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

4. Submitted proposals are not to be copyrighted.

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

PRE-CONTRACTUAL EXPENSES

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

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

1. Preparing its proposal in response to this RFQ.

2. Submitting the proposal to the City.

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

JOINT OFFERS

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

EXCEPTIONS AND DEVIATIONS

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

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

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INSURANCE REQUIREMENTS

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

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

Minimum Scope and Limits of Insurance

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

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

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

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

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

Other Insurance Provisions

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

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

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

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

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the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. f. Subcontractors. Consultant shall require and verify that all subcontractor maintain insurance meeting all the requirements stated herein and consultant shall ensure that City is an additional insured on insurance required from subcontractors. g. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

Acceptability of Insurers

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

Verification of Coverage

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

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SECTION IV

REQUIRED PROPOSAL CONTENT

PROPOSAL FORMAT AND CONTENT

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

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

LETTER OF TRANSMITTAL

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

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

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

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

Relationship between proposer and sub-consultant if applicable.

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

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

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

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

TECHNICAL PROPOSAL

Qualifications, Related Experience, and References of Proposer

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

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

Firm to:

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

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

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

Proposed Staffing and Organization

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

Firm to:

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

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

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

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

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

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Detailed Work Plan

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

The firm(s) shall:

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

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

Fee Proposal

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

Appendices

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

Status of Past and Present Contracts Form

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

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

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SECTION V

EVALUATION AND AWARD

EVALUATION CRITERIA

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

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

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

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

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

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

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

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

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EVALUATION PROCEDURE

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

AWARD

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

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

NOTIFICATION OF AWARD

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

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SECTION VI

SAMPLE PROFESSIONAL SERVICES AGREEMENT

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CITY OF FULLERTON

PROFESSIONAL SERVICES AGREEMENT
WITH
[VENDOR/CONSULTANT BUSINESS NAME]

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

W I T N E S S E T H :

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

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

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

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

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

1.0. SERVICES PROVIDED BY CONSULTANT

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

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

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Consultant’s performance of this Agreement.

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

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

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

(c) Terminate the Agreement as hereinafter set forth.

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

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

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

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

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

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

2.0. COMPENSATION AND BILLING

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

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

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

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

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

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

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

3.0. TIME OF PERFORMANCE

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

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

4.0. TERM AND TERMINATION

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

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

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

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

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

5.0. INSURANCE

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

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

5.2. Minimum Scope and Limits of Insurance.

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

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

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

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

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

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

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

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

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

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

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

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

C. Professional Liability. If the Professional Liability policy is written on a “claims made” form, the Retroactive Date must be shown and must be before the date of the contract or beginning of contract work. The insurance must be maintained and evidence of insurance must be provided for at least (5) years after completion of the contract work. If the coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting coverage” for a minimum of five (5) years after completion of work.

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

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

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

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

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

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

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

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

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

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

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

6.0. GENERAL PROVISIONS

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

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

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

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

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

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

IF TO CONSULTANT: IF TO CITY:

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

City of Fullerton
303 W. Commonwealth Ave.

Fullerton, CA 92832
Attn: [NAME AND TITLE]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CITY OF FULLERTON

__________________________________ Date: __________________________ City Manager

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CONSULTANT

__________________________________ Date: __________________________ [NAME AND TITLE]

__________________________________
Social Security or Taxpayer ID Number

APPROVED AS TO FORM:

__________________________________
Richard D. Jones, City Attorney

EXHIBIT A

SERVICES & FEES

EXHIBIT B

ADDITIONAL SERVICES & FEES

EXHIBIT C

CERTIFICATES OF INSURANCE

SECTION VII

STATUS OF PAST AND PRESENT CONTRACT FORM

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

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

Signature: ________________________________ Date: ___________________________

Name: ___________________________________

Title: ____________________________________

Public Agency city/county/other:

Contact Name: Phone:

Project Award Date: Original Contract Value:

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

SECTION VIII

EXCEPTIONS FORM

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

Please explain any of the checked items
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

PROPOSING FIRM: ___________________________________________ DATE: ____________

BUSINESS ADDRESS: _________________________________________________________

SIGNATURE OF REPRESENTATIVE: _____________________________________________

BY: _____________________________________ TITLE: ______________________________

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

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

On-Call Landscape Architect Services
City of Fullerton

EXHIBIT B
CONSULTANT’S PROPOSAL

City of Fullerton
On-Call Landscape Architect Services
Laguna Lakes Park Habitat & Trail Improvements
RJM Collaboration with City of Fullerton
January 18, 2022
City of Fullerton • On-Call Landscape Architect Services | 1 Letter of Transmittal | 1
Qualifications, Related Experience, & References | 2
Proposed Staffing & Organization | 9
Detailed Work Plan | 15
Fee Proposal | 17
Appendices | 19
Forms | 34
Table of Contents
Downtown Fullerton
City of Fullerton • On-Call Landscape Architect Services | 1 31591 Camino Capistrano
San Juan Capistrano, CA 92675
www.RJMdesigngroup.com
(949) 493-2600 phone
(949) 493-2690 fax
Letter of Transmittal
January 18, 2022
Jimmy Armenta
City of Fullerton
Purchasing Department
303 W. Commonwealth Avenue
Fullerton, CA 92832-1775
Re: RFQ #4368 On-Call Landscape Architect Services for the City of Fullerton Dear Mr. Armenta
RJM Design Group, Inc. is pleased to submit our proposal for On-Call Landscape Architect Services for the City of Fullerton. We are excited about the possibility of being selected for this very important position to provide our services to the City of Fullerton.

RJM Design Group is a multi-disciplinary landscape architectural design and planning firm with extensive experience providing On-Call services to numerous municipal clients. We will be responsible for coordinating and managing each of the design disciplines for any given project, monitoring the work schedule, quality assurance and quality control, and adhering to the project schedule and budget. With the challenges cities are facing in this Covid-19 recovery phase, RJM Design Group offers multiple virtual communication tools, for sharing information, soliciting community input, transmitting drawings, and maintaining contact.

RJM Design Group is proud to celebrate our 34th year in business. The key to our stability and success is our many clients with whom we have developed long-term relationships. We are committed to continuing our close working relationship with the City of Fullerton staff to ensure the project development processes run smoothly and efficiently.

In accordance with the requirements set forth in the City’ s RFP , the following statements are provided:
• RJM Design Group has received and acknowledges Addendum No. 1, dated January 6, 2022. • This proposal is valid for a period of 120 calendar days from the date of this letter. • All information submitted within this proposal is true and correct. • Identification of all proposed subconsultants can be found on Pages 11-14 of this proposal.

Please feel free to contact me directly by phone at (949) 493-2600 or email at [email protected].

City of Fullerton • On-Call Landscape Architect Services | 3 City of Fullerton • On-Call Landscape Architect Services | 2 RJM Design Group’s
San Juan Capistrano Office
Qualifications, Related Experience, & References

City of Fullerton • On-Call Landscape Architect Services | 3 City of Anaheim • On-Call Design & Consulting Services | 3 RJM Design Group, Inc.

California Corporation, SBE
34 Years (Since 1987)
12483
(949) 493-2600
Larry P . Ryan — President, [email protected]
Zachary Mueting — Secretary, [email protected]
Larry P . Ryan, [email protected]
31591 Camino Capistrano, San Juan Capistrano, CA 92675
16 Personnel
(10) Licensed Landscape Architects, Project Managers
(5) Technical Support
(4) Administrative Support
(3) LEED Accredited Professionals
(2) Certified Arborists
(2) FAA Part 107 Licensed Pilots
Established in 1987, RJM Design Group has evolved into a multi-disciplinary landscape architectural, planning, and design firm committed to serving the needs of cities, public agencies, and organizations throughout California. RJM is comprised of talented individuals with varied backgrounds and interests. Among these dynamic professionals are licensed landscape architects, designers, and planners, most of whom are LEED Accredited Professionals. Each person brings a unique, yet complementary experience and passion to the firm, who will be dedicated to the duration of the project as needed.

Firm Legal Name
Type of Business
Number of Years in Business
CA Business License Number
Contact Information
List of Owners
Principal Contact
Office Location
Firm Size
Personnel
Qualifications, Related Experience, & References
Fullerton Community Center | Fullerton, CA (RJM Project) City of Fullerton • On-Call Landscape Architect Services | 5 City of Fullerton • On-Call Landscape Architect Services | 4 RJM Design Group offers landscape architectural and design services, specializing in parks and recreation and other public facilities. At RJM, we are nearing our 36th year of professional experience in working with counties, cities, and other public sectors. RJM’s mission is to assist communities in the planning and design of environments that enhance the quality of life for all. Our goal is to implement the vision of the clients and the communities we serve by designing creative, functional, and fun Community Inspired Spaces.

RJM Design Group is proud to be celebrating our 34th year in business. The key to our stability and success are our many clients with whom we have developed long-term relationships. Throughout the years, we have had the good fortune to be selected as a pre-qualified “On Call” consultant to numerous counties, cities and agencies. These include the cities of Mission Viejo (28 years), Long Beach (25 years), Chino Hills (18 years), Aliso Viejo (15 years), Lake Forest (12 years), Los Angeles Public Works (12 years), Huntington Beach (10 years), San Dimas (10 years), Ontario (9 years), Port of San Diego (9 years), County of Los Angeles (9 years), Newport Beach (6 years), and Whittier (6 years).

Through this experience we strive to:
• Work closely with our client to develop a clear understanding of project goals • Develop a comprehensive scope and fee summary with the necessary specialty consultants • Develop a project schedule that identifies all important project milestones (plan submittals, review periods, public presentations, other agency interactions/review, approvals, etc.) • Exceed your expectations in providing comprehensive and well-coordinated design services Qualifications, Related Experience, & References
RJM Staff | RJM Office
City of Fullerton • On-Call Landscape Architect Services | 5

QUALITY ASSURANCE
The success of RJM Design Group can best be measured by our numerous long-term relationships with our valued clients. In order to foster these relationships, our goal is to produce a high-quality product in the most effective manner possible by utilizing our proven QA/QC procedures.

Our Quality Assurance Program is process-oriented and begins with experienced staff along with our firm’s commitment to ongoing education. Our experience is based on hundreds of successful projects and gratified clients. Our staff is encouraged to continually pursue expanding their current knowledge base in order to allow us to be at the forefront of our industry. Continuing education is pursued in the following areas:

AIA – American Institute of Architects
Arborist Certification
ASLA - American Society of Landscape Architects
CPSI – Certified Playground Safety Inspector
LEED – Sustainable Practices
PSMJ – Project Management
QSP & QSD – Qualified SWPPP Practitioner and Developer
STMA - Sports Turf Managers Association
In addition to our well-educated and seasoned professionals is our thorough understanding of the project development process. This allows us to share information with our consultant team and clients so that our projects evolve in a proactive and well-orchestrated manner. Communication among staff, team members and client include the following project parameters:

Project Goals – clearly identified.

Program Needs – confirmed with the client.

Schedule – a project schedule is established at the onset which outlines the process evolution, major milestones, submittal dates, reviews, approvals, bid, construction, project opening, one- year follow up/review.

Budget – understanding the budget is critical to a project’s success. The project budget is clarified (client staff, consultant fees, entitlement costs, construction costs, etc.) versus construction budget.

Construction Estimates – RJM maintains an extensive library of unit costs that are acquired through our numerous public bids, as well as from specialty consultants and independent cost estimators. This allows our preliminary opinion of probable construction costs to accurately reflect the anticipated contractors’ bids.

Our office environment is an open studio that allows for continual sharing of ideas and collaboration between our experienced principals, project managers, and staff members. We believe that this interaction promotes effective communication that is vitally important to the success of every project.

Team meetings are scheduled at regular intervals to ensure that accurate communication on key project aspects is shared and understood. Other methods of project communiation include email, telephone/conference calls, in-person meetings, and video-conferencing, as appropriate.

Noteworthy to RJM and unique when compared to other firms, is that the same design team, individual staff members responsible for all preliminary design phases, will continue on and retain responsibility for the preparation of the final construction documents. We believe that this approach allows for a more consistent and accurate method of ensuring that all of those special details discussed in the design phase are carried throughout the final construction document process. This method is fundamental for maintaining quality assurance, limiting change orders, and effectively controlling construction costs.

The continual monitoring of project evolution provides the ability to confirm that appropriate progress is being made on an ongoing basis. This review is instrumental in confirming that project goals, program needs, schedules and budgets are as intended and that unforeseen changes, “curve balls”, do not occur inappropriately.

Qualifications, Related Experience, & References
City of Fullerton • On-Call Landscape Architect Services | 7 City of Fullerton • On-Call Landscape Architect Services | 6

QUALITY CONTROL PLAN
Our open office “bullpen” setting is especially conducive to regular milestone reviews and monitoring of a project. This review plays a central role in our quality control effort. The importance of plan review, checking, and cross-checking cannot be overemphasized, given the complexity and time constraints under which construction documents are often produced. Our review benchmarks include:
• Documents are comprehensively checked at key milestones and regular intervals. • One person checks all important dimensions, gradients and utility infrastructure. • The person responsible for the drawings reviews the specifications, and the specifier reviews the drawings.
• Regular consultant team meetings are held to review the documents produced by each for coordination (utility, civil, electrical, etc.)
• The Principal Landscape Architect will be ultimately responsible for all work produced under his or her direction. A constant review process is implemented in all phases of the work.

The Client is involved in reviewing plans at regular intervals and approving the construction documents before they are issued for bid.

Another integral component in our quality control process is the utilization of our “RJM lessons learned checklist. ” This checklist contains the learning experiences that we have encountered over 34 years of project development. It is a useful tool that allows us to systematically review our work and that of our consultant team to ensure that we are applying the collaborative experience learned to the benefit of our projects.

In addition to our in-house quality control efforts, we are also continually learning and applying the ongoing “lessons learned” from our outside plan check services provided to multiple agencies. This methodical approach to outside projects gives us the unique advantage of reviewing our own plans and specifications with an impartiality that allows for a fresh and unbiased evaluation.

COMMUNICATIONS APPROACH
An assigned Project Manager from RJM Design Group for the specific project will be the main point of contact with the City for the life of the project. RJM Design group will act as the project lead and main coordinator for all project deliverables. All communications from sub consultants will be conducted through RJM Design Group.

1. Consultants can participate in online virtual meetings via Zoom, Microsoft Teams, or other video conferencing applications. Meetings to be held at regular intervals during the early phases of the project and continue on an as-needed basis thereafter to assess progress and provide direction throughout the performance of the services and preparation of the project deliverables.

2. RJM will prepare all meeting agendas for identified scheduled meetings with the City and provide a summary of key issues with action items (meeting notes) discussed at each meeting.

Qualifications, Related Experience, & References

City of Fullerton • On-Call Landscape Architect Services | 7

COMMUNITY OUTREACH AND EDUCATION
Keeping our community services running faces significant challenges today. Develop your communications plan with easy-to-deploy tools that enable a two-way dialogue with your community. With the following tools at your disposal you can successfully implement your communications plan. Whether you are prioritizing reopening of community facilities or developing new projects these tools will help bring the community together in a safe virtual environment.

Public Communications Portal: Develop a single point of connection for your community to weigh in on issues, share feedback, and discover resources with dynamic mapping, infographics, videos, and surveys. Build a controlled dialogue with your community to keep them informed and solicit information necessary for the success of any project.

Virtual Town Hall Meetings: Expand your outreach through a series of pre-recorded and live meetings online. Share updates, project news, timelines, and even build consensus with direct live online polling. Virtual town hall meetings are an easy way to keep your community informed through existing social media platforms supplemented with RJM’s live broadcast and polling resources.

Virtual Facility Tours: Not every site is accessible to the public. To accurately convey a sense of place and truly inform participants of the potential opportunities whether it be a new project site tour, a grand opening, or construction updates. Incorporating 360 videos and photos can bring a new environment to anyone anywhere.

Live Online Polling: Today everyone is busy. Community meetings do not often fit in our schedules.

Weather it is youth sports, late work schedules, national sports, elections, or even national stay at home directives, LIVE polling enables everyone to take part from their smart phone or PC and share their ideas. Participants can vote LIVE creating a community consensus in real time.

Mapping Community Needs: Not just any simple Q&A internet survey. RJM employs specific ESRI survey tools to create in depth surveys where participants can answer questions in new and innovative ways. The results are geolocated and mapped to identify where specific needs are in the community. Infographics are developed to share results back with the community. Our goal is to provide a comprehensive community outreach process that maintains the vision and expectations of those using the park now and in the future.

Qualifications, Related Experience, & References
RJM Community Workshop
City of Fullerton • On-Call Landscape Architect Services | 9 City of Fullerton • On-Call Landscape Architect Services | 8 2022 ON CALL DESIGN SERVICES
RJM Design Group has performed On Call Design Services for numerous cities within the past 34 years in business.

Here is a summary of On Call Design Services we have been performing within the past 5 years:

Client: CITY OF ALISO VIEJO
Contact: Shaun Pelletier, City Engineer
12 Journey, Suite 100
Aliso Viejo, CA 92656
phone: (949)425-2533
email: [email protected]
Service Type:

Current Contract: Landscape
Architecture, Inspection Services,
Plan Check Services (On-Call Since 2005)
Contract Duration: July 2019 —
June, 2022
Principal in Charge:

Larry P . Ryan
RJM Team:

Andrew Steen
Eric Chastain
Client: CITY OF MISSION VIEJO
Contact: Keith Rattay
Assistant City Manager
200 Civic Center Drive
Mission Viejo, CA 92692
phone: (949) 470-3018
email: [email protected]
Service Type/Project Description:

Current Contract: On Call Consultant
Services, Landscape Architecture
Services, and Plan Check Services
(On-Call Since 1996)
Contract Duration: July 2020 — June
2022
Principal in Charge:

Larry P . Ryan
RJM Team:

Andrew Steen
Eric Chastain
Client: CITY OF WHITTIER
Contact: Luis G. Escobedo, AICP ,
Senior Planner
13230 Penn Street
Whittier, CA 90602
phone: (562) 567-9320
email: [email protected]
Service Type:

Current Contract: Landscape Design and
Plan Check Services
(On-Call Since 2014)
Contract Duration: July 2016 — June
2026
Principal in Charge:

Larry P . Ryan
RJM Team:

Andrew Steen
Client: CITY OF LAGUNA NIGUEL
Contact: Erica Roess, Senior Planner
Community Development Dept.
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
phone: (949) 362-4067
email: [email protected]
Service Type:

Current Contract: Landscape
Architecture and Plan Check Services
(On-Call Since 2016)
Contract Duration: May 2021 —
June 2025
Principal in Charge:

Larry P . Ryan
RJM Team:

Andrew Steen
Eric Chastain
Client: CITY OF LONG BEACH
Contact: Eric Lopez
Director of Public Works
City of Long Beach
411 W. Ocean Blvd.

Long Beach, CA 90802
phone: (562) 570-5690
email: [email protected]
Service Type:

Current Contract: Landscape Design and
Plan Check Services (On-Call Since 1997)
Contract Duration: August 2014 —
August 2022
Principal in Charge:

Larry P . Ryan
RJM Team:

Andrew Steen
Larry Mouri
Client: CITY OF SAN JUAN

CAPISTRANO
Contact: Ben Siegel, City Manager
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
phone: (949) 443-6315
email: [email protected]
Service Type/Project Description:

Current Contract: On Call Landscape
Design Services (On-Call Since 2011)
Contract Duration: January 2020 —
December 2022
Principal in Charge:

Larry P . Ryan
Client: CITY OF HUNTINGTON BEACH
Contact: Chris Slama, Director of
Community & Library Services
2000 Main Street
Huntington Beach, CA 92648
phone: (949) 536-5495
email: [email protected]
Service Type/Project Description:

Current Contract: On Call Landscape
Design Services (On-Call Since 2010)
Contract Duration: November 2017 —
November 2021,
Recently Awarded Contract: January
2022 — January 2025 (minimum)
Principal in Charge:

Larry P . Ryan
Client: CITY OF NEWPORT BEACH
Contact: Dave Webb
Public Works Director
100 Civic Center Dr.

Newport Beach, CA 92660
phone: (949) 644-3330
[email protected]
Service Type/Project Description:

Current Contract: On Call Consultant
Services, Landscape Architecture
Services (On-Call Since 2016)
Contract Duration: August 2016 —
December 2021
Principal in Charge:

Larry P . Ryan
Qualifications, Related Experience, & References
City of Fullerton • On-Call Landscape Architect Services | 9 Principal in Charge:

Larry P . Ryan
RJM Team:

Andrew Steen
Eric Chastain
Principal in Charge:

Larry P . Ryan
RJM Team:

Andrew Steen
Eric Chastain
Principal in Charge:

Larry P . Ryan
RJM Team:

Andrew Steen
Principal in Charge:

Larry P . Ryan
RJM Team:

Andrew Steen
Eric Chastain
Principal in Charge:

Larry P . Ryan
RJM Team:

Andrew Steen
Larry Mouri
Principal in Charge:

Larry P . Ryan
Principal in Charge:

Larry P . Ryan
Principal in Charge:

Larry P . Ryan
Proposed Staffing & Organization
Hillcrest Park | Fullerton, CA
RJM Design Group, Inc.

Will Provide:

Project Management, Professional Landscape
Architectural Services, Overall Project
Coordination, & Administration
Principal In Charge:

Larry P. Ryan
Backup Principal In Charge:

Zachary Mueting
Project Landscape Architects / Project Managers:

Craig Sensenbach
Tyler Page
City of Fullerton
Electrical
Engineering
FBA Engineers
Bill Zavrsnick
Geotechnical
Engineering
GMU
Greg Silver
Architecture
Rubio Medina
Irrigation Design
Glasir Design
Chris Curry
Skatepark /
Pump Track Design
Newline Skateparks
Kanten Russell
Aquatic Design
Jones & Madhavan
Nachi Madhavan
Civil Engineering
civTEC
Tom Carcelli
All key personnel will be available to the extent
proposed for the duration of the project. RJM
acknowledges that no person designated as “key”
to the contract shall be removed or replaced
without prior written concurrence of the City.

City of Fullerton • On-Call Landscape Architect Services | 11 City of Fullerton • On-Call Landscape Architect Services | 10 Larry P . Ryan, LLA, ASLA
Principal-in-Charge
RJM Design Group, Inc.

Larry Ryan’s passion for creating
meaningful public spaces for people
to enjoy led him to co-found RJM
Design Group over 30 years ago.

The long-term relationships that he
develops and maintains with clients,
spans decades. He has worked with
numerous communities throughout California and Nevada,
where his project involvement encompasses all phases of development, including the provision of As-Needed Design Services for our municipal clients.

Education
• Bachelor of Science, Landscape Architecture,
California Polytechnic State University, Pomona, CA
Licenses
• Landscape Architect / CA 2502 / AZ 25241 / NV 366
Parks
• Alicia Park, Mission Viejo, CA
• Aurora Park, Mission Viejo, CA
• Bonita Creek Park Renovation, Newport Beach, CA
• Cedar Grove Park, Tustin, CA
• Cesar E. Chavez Park, Long Beach, CA
• Citrus Ranch Park, Tustin, CA
• College Park, Oxnard, CA
• Florence Joyner Olympiad Park, Mission Viejo, CA
• Grant Howald Park, Newport Beach, CA
• Heritage Park, Tustin, CA
• Long Beach Integration Plan, Long Beach, CA
• Mariners Park Renovation, Newport Beach, CA
• Ontario Town Square, Ontario, CA
• Portola Park, Lake Forest, CA
• Veterans Memorial Park, Carlsbad, CA
On-Call Design Services
• On-Call Design Services, City, County, & Port of San
Diego, CA
• On-Call Design Services, City of Aliso Viejo, CA
• On-Call Design Services, City of Chino Hills, CA
• On-Call Design Services, City of Fresno, CA
• On-Call Design Services, City of Huntington Beach, CA • On-Call Design Services, City of Laguna Niguel, CA
• On-Call Design Services, City of Lake Elsinore, CA
• On-Call Design Services, City of Lake Forest, CA
• On-Call Design Services, City of Long Beach, CA
• On-Call Design Services, City of Los Angeles, CA
• On-Call Design Services, City of Mission Viejo, CA
• On-Call Design Services, City of Newport Beach, CA
• On-Call Design Services, City of Ontario, CA
• On-Call Design Services, City of Sacramento, CA
• On-Call Design Services, City of San Juan Capistrano, CA • On-Call Design Services, City of Santa Ana, CA
Proposed Staffing & Organization (continued)
Craig Sensenbach PLA, LEED AP
(BD+C), ISA
Principal Project Manager
RJM Design Group, Inc.

Craig Sensenbach joined RJM Design
Group, Inc. as a Project Manager in
the Fall of 1993. As Project Landscape
Architect, his responsibilities include
both planning and landscape
architecture ranging from conceptual planning studies
through schematic design, preliminary graphics, design
development, production scheduling, preparation of
construction documents, client/consultant coordination
and on-site observation.

Education
• Bachelor of Science, Landscape Architecture, California Polytechnic State University, San Luis Obispo, CA
• Graphic Design, Laguna College of Art & Design, Laguna Beach, CA
• Light Construction & Development Management,
University of California, Irvine Extension Program,
Irvine, CA
Licenses
• Landscape Architect / CA 2547
• LEED Accredited Professional
• International Society of Arboriculture (ISA) Certified Arborist / WE-11716A
Parks
• Bonita Creek Park Renovation, Newport Beach, CA
• Chino Hills Community Park, Chino Hills, CA
• College Park, Oxnard, CA
• Colonel Bill Barber Marine Corps Memorial Park, Irvine, CA • Grant Howald Park, Newport Beach, CA
• Mariners Park Renovation, Newport Beach, CA
• Orange Coast College Baseball Field Renovation,
Costa Mesa, CA
Streetscapes
• Anaheim Resort Area, Anaheim, CA
• Brookhurst Street Improvements, Anaheim, CA
• Chapman Avenue, Stanton, CA
• Cloverfield Blvd., Santa Monica, CA
• Community Identity Plan, Chino Hills, CA
• Lemon Street Landscape Enhancement, Fullerton, CA
• Lincoln Avenue Beautification, Anaheim, CA
• Orangethorpe Avenue Landscape Renovation,
Fullerton, CA
• Santa Ana Canyon Road, Anaheim, CA
• State College Blvd. Master Plan, Anaheim, CA

City of Fullerton • On-Call Landscape Architect Services | 11 Proposed Staffing & Organization (continued)
Rubio Medina
Owner, Architect
RM Architecture
RM Architecture is a sole proprietor, full service architectural, planning, and construction management firm established in 2010. They devote principal level leadership to each and every project. With this approach RM Architecture is able to provide quality services which results in successfully implemented projects, lasting relationships and repeat clients. With a diverse background RM Architecture is able to quickly establish and identify programmatic obstacles, establish consensus among multiple stakeholders, and develop design solutions that are relevant, have character, and are engaging. They are a certified small business enterprise (SBE) located in the City of Irvine providing services to the surrounding counties of Riverside, Los Angeles, San Diego, and Orange County. As a small firm they are able to be more selective in projects and provide exceptional services to each and every one of their clients. All projects are lead and involve firm principal and owner Rubio Medina who has over twenty years experience providing project management and guidance to both public and private clients.

Registrations: CA Architect c. 30059
Certified Small Business Enterprise: 1754662
Project Experience
• Balboa Island Fire Station Remodel, Newport Beach, CA • Big Canyon Reservoir Auxiliary Facility Maintenance Yard, Newport Beach, CA
• Corona Fire Department Facility Assessment and Planning, Corona, CA
• Costa Mesa City Hall Restroom Accessibility Renovation, Costa Mesa, CA
• Costa Mesa City Hall Remodel, Costa Mesa, CA
• El Segundo Beach Lifeguard Station, El Segundo, CA
• Glendale Fire Facility Assessment, Glendale, CA
• Inland Empire Utilities Agency Tenant Improvement,
Ontario, CA
• Inland Empire Utilities Agency Operations Building
Assessment and Space Planning, Ontario, CA
• Irvine On-Call Architectural Services, Irvine, CA
• Laguna Beach Main Beach Restroom Replacement,
Laguna Beach, CA
• Laguna Beach On-Call Architectural Services,
Laguna Beach, CA
• Main Branch Library Remodel, Newport Beach, CA
• Montebello Land and Water Reservoir Façade, Montebello, CA
• Nature Center ADA Upgrades, Irvine, CA
• Newport Beach Lifeguard Remodel, Newport Beach, CA
• Orange County Water District Annex Facility Locker Room Remodel, Fountain Valley, CA
• Rodgers Senior Center Upgrades, Huntington Beach, CA
• Santa Monica Fire Facility Assessment and Programming, Santa Monica, CA
• Santa Monica On-Call Architectural Services, Santa Monica, CA
• South Coast Water District Lift Station 2 Façade,
Laguna Beach, CA
• Turtle Rock Community Center ADA Upgrades, Irvine, CA Tyler Page, LLA
Landscape Architect
RJM Design Group, Inc.

Tyler Page has been with RJM Design
Group since 2018. He is a licensed
landscape architect with a background
in landscape design, construction
document production, and 2D/3D
graphics preparation. Tyler leads the
GIS department for RJM Design Group
and specializes in ArcGIS Pro mapping, Survey 123 survey development, and Business Analyst. Our goal is to provide agencies (public or private) a robust way to understand the needs/desires of the community and enable convenient
ways for those community members to participate.

Education
• Bachelor of Science, Landscape Architecture,
California Polytechnic State University, Pomona -
Magna Cum Laude
• Ornamental Horticulture, Saddleback College, Mission
Viejo - Dean’s List
Licenses
• Landscape Architect / CA 6648
Parks
• Crawford Canyon Park, North Tustin, CA
• Drake Chavez Park Access Stairs, Long Beach, CA
• Grant Howald Park, Newport Beach, CA
• Arbors Park Improvements, Lake Forest, CA
• La Novia Park Improvements, San Juan Capistrano, CA
• Lincoln Park, Long Beach, CA
• North Park, Inglewood, CA
• Peace Park, Long Beach, CA
• TeWinkle Park Improvements, Costa Mesa, CA
Streetscapes
• I-15/SR-79 Temecula Parkway Interchange, Temecula, CA • Long Beach Round-a-Bout, Long Beach, CA
• Metro Blue Line Improvements, Long Beach, CA
Urban Design
• Downtown First Street Pedestrian Gallery, Long Beach, CA
• Village Center North Paseo, Mission Viejo, CA

City of Fullerton • On-Call Landscape Architect Services | 13 City of Fullerton • On-Call Landscape Architect Services | 12 Chris Curry
Principal,
Irrigation Designer
Glasir Design
Chris Curry has over 15 years experience
in irrigation design, landscape architecture, and landscape construction. His focus is on the efficient use of water in the landscape. He has been rewarded for his efforts by being chosen by the United States Environmental
Protection Agency as the WaterSense Irrigation Partner
of the year for 2011. He is only the second irrigation
design consultant chosen for this award that shows his
commitment to the environment through sound water
conservation practices. Chris is a leader in the irrigation industry. His expertise is called upon by manufacturers, cities, and
water districts.

Education
• Bachelor of Science, Landscape Irrigation Science,
California State Polytechnic University, Pomona, CA
Parks
• Grant Howald Park, Newport Beach, CA
• Portola Park & Dog Park, Lake Forest, CA
• Central Park Master Plan Update, Rancho Cucamonga, CA • Worthy Park Renovation, Huntington Beach, CA
• Los Amigos Park, Rancho Cucamonga, CA
• Admiral Kidd / Seaside Park Field Reno, Long Beach, CA • Redhawk Dog Park Improvements, Temecula, CA
Sports / Aquatics Facilities
• Drake Chavez Soccer Field, Long Beach, CA
• Bonita Creek Field Renovation, Newport Beach, CA
• Lake Forest Sports Park, Lake Forest, CA
• North Beach Improvements, Lake Mission Viejo Assoc, CA • Central Park Tennis Complex, Santa Clarita, CA
• Fillmore Aquatics & Tennis Complex, Fillmore, CA
• Santa Clarita Sports & Aquatic Center, Santa Clarita, CA On-Call Plan Check Services
• On-Call Plan Check Services, Aliso Viejo, CA
• On-Call Plan Check Services, Chino, CA
• On-Call Plan Check Services, Laguna Niguel, CA
• On-Call Plan Check Services, Mission Viejo, CA
• On-Call Plan Check Services, San Dimas, CA
• On-Call Plan Check Services, Whittier, CA
Designation
• US Environmental Protection Agency (EPA) WaterSense
Irrigation Partner — Selected the 2011 EPA WaterSense
Irrigation Partner of the year
Certifications
• Irrigation Association (IA) Certified Irrigation Designer (CID) in Commercial Irrigation Design, Golf Irrigation Design, and Landscape Irrigation Auditing
Memberships
• Professional Member of the American Society of Irrigation Consultants — 2011 Southern California
Tom Carcelli,
Civil Engineer
civTEC
Tom Carcelli has over 25 years of experience in the civil engineering field with particular emphasis on parks and recreation, commercial/industrial, education and public works projects. His extensive design and management
experience in all phases of civil engineering for land
development projects throughout Southern California
includes grading, water quality, hydrology, hydraulics, storm drain, water/sewer, survey/mapping and street
design. Tom has been in charge as a project manager on
over 100 projects from master planning to construction
with RJM Design Group over the past 20 years.

Education
• BS, Civil Engineering, University of California, Irvine, 1988 • Masters in Architecture, California State Polytechnic University, Pomona, 1994
Licenses
• Registered Civil Engineer/CA #81640
• Qualified SWPPP Developer (QSD) — C-81640
Relevant Project Experience
CivTEC was the Engineer of Record on all projects listed below, providing Field Survey and Civil Engineering Construction Documents including precise grading plans, storm drain, sewer and water plans, erosion control and horizontal control plans. civTEC also provided the required WQMP and Hydrology/
Hydraulic Reports:
• Esencia Sports Park, Rancho Mission Viejo, CA
Rancho Mission Viejo constructed a master planned thirty acre sports park with both private and public amenities.

The sports park also offers community aquatic facilities overlooking the park complete with restrooms, a splash
pad, lap pool, open recreation swim, and BBQ and cabana lounge areas.
• Anthony Munoz Community Center, Ontario, CA
The City has demolished the existing Community Center
at Anthony Munoz Park to construct the new Anthony
Muñoz Community Center, featuring a larger pool and
deck area. The renovation will increase the center’s size from 2,500 square feet to approximately 13,000 square
feet.
• Marguerite Aquatic Complex, Mission Viejo, CA
The City undertook a total renovation of their Marguerite Aquatic Complex, the training center and competition
home of the Mission Viejo Nadadores. The new complex
provides a 50-meter x 25-yard competition pool with eight 9- foot lanes and a 25-meter by 25-yards warm-up pool.

A third pool provides additional 25-yard lanes for warm-up and training. Southern California.
• Yorba Linda Adventure Play, Yorba Linda, CA
The City of Yorba Linda has undertaken a total renovation of their Yorba Linda Adventure Play. The renovation water features include a water slide tower and ‘wet’ pad for play.

GLASIR DESIGN
Proposed Staffing & Organization (continued)
City of Fullerton • On-Call Landscape Architect Services | 13 William Zavrsnick,

LEED APLLA, ASLA
Electrical Engineer
FBA Engineering
William Zavrsnick has 30 years of experience and has been active in the electrical engineering field since joining FBA in 1985. His experience includes the electrical design of Public Works, Parks and Recreation Facilities. He is particularly experienced in the design and development of electrical power distribution, general, specialized and event power systems, outdoor, security and sports field lighting systems, lighting photometric studies, phased construction projects and familiar with public bid type projects and construction.

Education
• BS Civil Engineering/Mount Hood College, Oregon
Certifications
• LEED Accredited Professional — LEED AP
• Illuminating Engineering Society — IES
• Institute of Electrical and Electronic Engineers –
IEEE American Institute of Architects — AIA
• Electrical Engineering — Los Angeles County
Relevant Project Experience
• Bommer Canyon Community Park, Irvine, CA
• Bonita Creek Field Renovation, Newport Beach, CA
• City Park Improvements, Lake Elsinore, CA
• Civic Lot Multi-Purpose Sports Field,
Santa Monica, CA
• El Dorado Park & Nature Center, Long Beach, CA
• Esencia Sports Park, Rancho Mission Viejo, CA
• Grant Howald Park, Newport Beach, CA
• Hero’s Park, Lake Forest, CA
• Joe Balderrama Park, Oceanside, CA
• Kraemer Memorial Park, Placentia, CA
• Laguna Hills City Parks, Laguna Hills, CA
• Lake Forest Neighborhood Parks, Lake Forest, CA
• La Placita Parkette, Placentia, CA
• Los Amigos Park, Santa Monica, CA
• Los Serranos Park, Chino Hills, CA
• Marchant Park, San Dimas, CA
• McFadden Park, Placentia, CA
• Murdy Park, Huntington Beach, CA
• Portola Park, Lake Forest, CA
• Portola Springs Park, Irvine, CA
Kanten Russell,
Project Manager,
Senior Designer
New Line Skateparks
New Line Skateparks (established 2001)
is North America’s Premier Youth Park/
Skatepark Development Firm. With over 350 highly
recognized projects around the world, we are proud to
serve as one of the Nation’s longest running and most
experienced concrete youth multi-use park design-build
teams. Our staff is comprised of registered landscape
architects, engineers, planning experts, and construction professionals who are passionate about the work that we do.

Education
• Associate Science, Engineering Survey & CAD Design,
Cuyamaca College, San Diego, CA
Relevant Projects
• USMC Miramar Outdoor & Adventure Park, San Diego,
CA
Kanten managed design services for the development
of a comprehensive outdoor adventure park that
includes paintball fields, rock climbing, repelling,
skateboarding, BMX racing, park conditioning,
shade structures, children playground, concession
stands, access roads, parking, solar lighting and
drought tolerant landscape concept. The design
vision minimizes and controls storm water runoff
through the use of porous and natural surfaces and
minimal disturbance to the natural terrain and use of
composing restroom location.
• Amelia Mayberry Skatepark, Whittier, CA
The product of public advocacy and planning by
the Municipality, this modern, fully integrated and
site specific concrete skatepark has already become
a celebrated facility for local community and a
destination for riders across the region. This skate plaza has a - less is more - open concept with intersecting
lanes that address the request from locals to have a
variety of ledges and rails. The urban style terrain pays homage to what locals enjoy skating in the streets
of Whittier. Completed in 2020, this park is already a
destinations for skate-boarding’s top professionals and amateurs.
• Alga Norte Community Park Skate Park, Carlsbad CA
Kanten managed designs for the City of Carlsbad’s
historical Skate Park. This park required a very inclusive community input program, which drive the design to
include elements of the existing urban fabric including, a southwestern color palette reflecting the prevalent
Spanish style architecture. Additionally, a transition
arch with a doorway was inspired by the shapes
of Carlsbad’s historic aesthetic.

Proposed Staffing & Organization (continued)
City of Fullerton • On-Call Landscape Architect Services | 15 City of Fullerton • On-Call Landscape Architect Services | 14 Nachi Madhavan, AIA
Principal, Water Feature Design
Jones & Madhavan
Jones & Madhavan Architecture Engineering is
a multi-disciplinary design firm dedicated to
providing the highest quality architecture and
engineering services for public aquatic facilities. Since being founded in 1990, JMAE has repeatedly demonstrated its
ability to design modern aquatic facilities that meet the ever changing needs of its users. Mr. Madhavan will oversee the design and construction administration.

Education
• Bachelor of Science 1983, California Polytechnic
State University, San Luis Obispo, CA
Licenses
• California, Architect #C25855
Relevant Project Experience
• Algin Sutton Recreation Center, Los Angeles, CA
Replacement of an aged community pool with a new splash pad and 25-yard x 120’ pool capable of accommodating competitive swimming diving and water polo as well as instructional swimming and recreational swimming. Responsibilities included design of the aquatic components.
• Crespi Carmelite High School, Encino, CA
Construction of a new 50-meter by 25-yard deep water pool capable of accommodating national level competitive swimming and water polo. The facility also included a 65-foot plunge pool for recreation. Responsibilities included design of the aquatic components.
• De Mandel Aquatic Center at Occidental College, Los Angeles,CA Construction of a new 35-meter by 25-yard pool capable of accommodating competitive swimming, diving and water polo to NCAA national standards. The pool included a circular shallow water area for recreational swimming. Responsibilities included design of the aquatic components.
• Harvard Park Aquatic Center, Los Angeles, CA
Replacement of an aged community pool with a new 25-yard competition pool and a 2,650SF recreation pool having zero depth entry, interactive features and waterslide. The project also included a 3,900SF bathhouse building. Responsibilities included design of the building and aquatic components.
• Hemingway Aquatic Center, Carson, CA
Construction of a new facility that included a 25-yard competition pool, 1,800SF activity pool with zero depth entry and a 750SF slide pool with dual flume waterslide. The facility also included a 4,000SF bathhouse building and 1,500SF mechanical building.

Responsibilities included design of the building and aquatic components.
• Repplier Aquatic Center, Banning, CA
Replacement of an aged community pool with a new 25-yard pool having a lap swim area, waterslide landing area and zero depth entry area with interactive water features. The facility also included a 2,400SF restroom building, 2,600SF office/mechanical and concessions building. Responsibilities included design of the building and aquatic components.

Gregory Silver M.SC., PE, GE
President/CEO
Geotechnical Engineer
GMU Geotechnical, Inc.

Mr. Silver has over 30 years of progressively responsible engineering and management experience in a wide
variety of geotechnical engineering projects. He has
worked successfully for and with industrial, residential, and commercial developers, master community
planners, and governmental agencies. He has extensive
experience in landslide evaluation and remediation design, geotechnical instrumentation, residential and commercial development, public works projects, municipality
consultation, mechanically stabilized earth walls, and
forensic projects. In addition, he has served as an expert witness in regards to numerous geotechnical issues over the last 25 years. Over the period of 1988 to 1997, Mr.

Silver was City Geotechnical Engineer for numerous cities throughout Southern California. Currently, Mr. Silver serves as President and Principal Engineer of GMU. Mr. Silver is a past president of CalGeo – a 100 member firm statewide
organization.

Education
• M.S. Civil Engineering - California State University, Long Beach, CA
• B.A. Geological Sciences - University of California at Santa Barbara, CA
Registrations
• Registered Civil Engineer - State of California
• Registered Geotechnical Engineer - State of California • Registered Civil Engineer – State of Nevada
Professional Affiliations
• President for the California Geotechnical Engineers
Association (CGEA)
Relevant Project Experience
• Bonita Creek Field Renovation, Newport Beach, CA
• Dog Park Feasibility and Concept Plans, Mission Viejo, CA
• Esencia Sports Park, Ranch Mission Viejo, CA
• Founders Park, Ladera Ranch, CA
• Grant Howald Park, Newport Beach, CA
• Hilltop Club at Esencia, Rancho Mission Viejo
• Jurupa Valley Aquatic Center, Riverside County, CA
• Park Feasibility Studies, Mission Viejo, CA
• Pavion Park Restroom Addition, Mission Viejo, CA
• Santa Clarita Sports Complex & Aquatic Center,
Santa Clarita, CA
• Sendero Core Recreation Site, Rancho Mission Viejo,
CA
• Sendero Field, Rancho Mission Viejo, CA
• Tierra Grande Park, Talega, San Clemente, CA
Proposed Staffing & Organization (continued)
City of Fullerton • On-Call Landscape Architect Services | 15 SCOPE OF WORK: APPROACH & UNDERSTANDING
The following Draft Scope of Services outlines the various tasks associated with the preparation of improvement plans for a variety of community projects. We have included an optional service that outlines a public workshop process that we have utilized successfully for numerous community projects. Tasks and methodology below are based upon our experience with similar projects. Our proposed scope of work is general in nature to give you some idea of the design process we envision.

This is a “Draft” approach that is subject to review and refinement per City comments and direction.

In collaboration with City staff, our Design Team shall review, elaborate upon, and clarify the overall objectives for the development of your project.

PHASE 1.0 – PRELIMINARY DESIGN

1. Project Familiarization (research, site reconnaissace, opportunities and constraints)

2. Prepare a Draft Scope of Work, Fee Summary, and anticipated Schedule

3. Meet with City and Design Team to review scope of work and refine as necessary

4. “Taking Part” Community Workshop (Optional Service)—can be provided in a “virtual” format

5. Commence preparation of Preliminary Design (including plans and cost estimate)

6. Meet to review Preliminary plans/cost estimate and revise as necessary per City comments

7. Prepare for and attend community/public presentation as desired by City

8. Refine Preliminary plans based on public comments and City direction

9. Prepare for and attend public review meeting to obtain City approval PHASE 2.0 – DESIGN DEVELOPMENT

1. Based upon approved Preliminary Plan, prepare Design Development Plans indicating the proposed site components. Provide plan enlargements and catalog cut sheets to clearly define all site elements.

2. City to review and approve Design Development Plans, plan enlargements, and catalog cut sheets, to evaluate project goals, budget, and long term maintenance considerations.

3. Based on the nature and complexity of the project, we shall assist the City in securing the services of a Construction Management firm with the desired level of expertise in the specific type of project.

PHASE 3.0 – CONSTRUCTION DOCUMENTS
This phase of a project consists of the preparation of the construction documents to include final drawings, specifications, calculations, and final cost estimates based upon the approved Preliminary Design Plans. Construction drawings will be submitted at 60% complete for review, revised, and finally 100% complete construction drawings will be submitted for city review and approval.

1. Landscape Design/Documentation
Services during the Construction Documents Phase consist of preparation of drawings and specifications based on approved Design Development Documents, Setting forth in detail the landscape requirements for the project including:
a. Site construction/layout plans
b. Planting plans
c. Irrigation plans
d. Details
Detailed Work Plan
City of Fullerton • On-Call Landscape Architect Services | 17 City of Fullerton • On-Call Landscape Architect Services | 16

2. Civil Design/Documentation (if needed)
Services during the Construction Documents Phase consist of preparation of final civil engineering calculations, drawings and specifications based on approved Design Development Documents, setting forth in detail the civil construction requirements for the project.
a. Prepare precise grading/site plan.
b. Prepare on-site area drain plans.
c. Prepare quantity and cost estimate for items shown on grading/site plan. d. Review and edit project specifications for site development and site utility construction items.

3. Electrical Design/Documentation (if needed)
Final drawings and specifications shall be completed at the Contract Documents Phase. All power, lighting and control schemes, complete with diagrams and details shall be finalized.

4. Statement of Probable Construction Cost

5. Submit plans to the City at 90% completeness for review

6. Meet with City to review plan check comments

7. Revise plans per plan check comments

8. Provide approved and digitally signed PDF plans and specifications to the City for pubic notice and formal bidding.

PHASE 4.0 - BIDDING AND NEGOTIATION
Following the City’s approval of the Construction Documents and of the most recent Statement of Probable Construction Cost, we shall provide those services necessary to assist the City in obtaining bids or negotiated proposals and in awarding and preparing contracts for construction.

PHASE 5.0 - CONSTRUCTION SERVICES
The Construction Contract Administration Phase shall provide those services necessary for the administration of the construction contract.

1. Office construction administration
Services consist of:
a. Review and approval of submittals
b. Review and response to RFI’s with supplemental drawings, specifications and interpretations
in response to requests for information by Contractor.

2. Construction field observation: Services consist of visits to the project site at intervals appropriate to the stage of construction or as otherwise agreed in writing to become generally familiar with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the Contract Documents, and preparing related reports and communications. (Number of site visits to be determined based on scope of construction and construction period).

Detailed Work Plan (continued)
City of Fullerton • On-Call Landscape Architect Services | 17 Fee Proposal
RJM DESIGN GROUP , INC.

Principal Landscape Architect $195 per hour
Associate Landscape Architect $170 per hour
Landscape Architect $155 per hour
Job Captain / Landscape Designer $140 per hour
CADD Technician / Graphics $125 per hour
Clerical $85 per hour

RM ARCHITECTURE (ARCHITECT)
Project Architect $135 per hour
Project Manager $85 per hour
Drafting $55 per hour
Clerical $30 per hour

CIVTEC (CIVIL ENGINEER)
Principal $185 per hour
Project Manager $150 per hour
Project Engineer $125 per hour
Project Surveyor $120 per hour
Design Engineer $100 per hour
Draftperson $75 per hour
Project Assistant $60 per hour
2-Man Survey Crew $265 per hour
3-Man Survey Crew $345 per hour

GLASIR (IRRIGATION)
On-Site Consulting $135 per hour
Irrigation Designer $110 per hour
Plan Check $110 per hour

FBA ENGINEERING (ELECTRICAL ENGINEERING)
Principal / Project Director $210 per hour
V.P . / Senior Associate $160 per hour
Associate / Project Manager $160 per hour
Construction Support $135 per hour
Electrical Designer $110 per hour
CAD / BIM Designer $90 per hour
Technical Typist $50 per hour

NEWLINE (PUMP TRACK DESIGN)
Principal Director of Operation $180 per hour
Project Manager $120 per hour
Design Director $120 per hour
Design Production $100 per hour
City of Fullerton • On-Call Landscape Architect Services | 19 City of Fullerton • On-Call Landscape Architect Services | 18 Fee Proposal (continued)

JONES AND MADHAVAN (AQUATICS)
Principal Architect $190 per hour
Principal Mechanical Engineer $190 per hour
Architectural Designer $115 per hour
Mechanical Designer $115 per hour
CAD Draftperson $90 per hour
Clerical $60 per hour

GMU (GEOTECHNICAL ENGINEERING)
Principal / Director $270 per hour
Associate Engineer or Geologist $245 per hour
Senior Engineer or Geologist $230 per hour
Project Engineer or Geologist $195 per hour
Senior Staff Engineer or Geologist $175 per hour
Staff Engineer of Geologist $150 per hour
CAD / GIS Design Engineer $117 per hour
Document Preparation and Project Services $97 per hour
Charges for subconsultant services are billed at cost plus a 15% coordination fee.

Billings for all time and materials and contract extension work shall be in accordance with the level of work performed based on the categories listed above.

Hourly rates will be escalated each August 1st in accordance with any increase in the Consumer Price Index or other mutually agreed upon cost index, beginning with August 1, 2022. Provisions for fee escalation pertain to all contract extensions and additional work.

REIMBURSABLE EXPENSES
When incurred, the following project expenses will be billed at cost plus 15% administrative fee in addition to the above professional services fee:
• Printing, plotting, copying, scanning, photography, graphic expenses • Delivery, shipping, and handling of documents
• Permits, plan check, and inspection fees
• City business license
• Soils testing

City of Fullerton • On-Call Landscape Architect Services | 19 Project Summary
Designed to be a true multi-generational facility, the new community center accommodates the programs for the Fullerton Boys and Girls Club, the Senior Services programs and the Community Parks and Recreational Service programs.

Organized along a dramatic daylight filled display gallery, the building has three wings for each of the primary uses. The Recreation Wing includes a double gymnasium, a natatorium building housing a six lane 25-yard indoor pool designed for year-round swim lessons and senior water- exercise therapy programs, fitness room and men’s and women’s locker rooms. The Community Services Wing includes offices for the senior services staff and the senior club, computer teaching room, 4,500 SF multi-purpose meeting room with full-service kitchen and audio-visual capabilities, classrooms, billiards room, arts and crafts room and senior lounge and library. The Boys and Girls Club Wing includes staff offices, large multi-purpose game room, arts and crafts room, technology/homework center and teen lounge.

The three wings are organized around an outdoor patio and landscaped courtyard designed to accommodate outdoor community activities and social functions.

Fullerton Community Center
Fullerton, CA
Year Delivered: 2012
Project Size: 48,000 SF
Design Cost: $1.8M
Construction Cost: $20M
Client Reference
Joe Feltz
City Manager
City of Fullerton
(714) 738-6583
Project Team
Principal: Larry P . Ryan
Project Manager: Craig Sensenbach
Appendices
City of Fullerton • On-Call Landscape Architect Services | 21 City of Fullerton • On-Call Landscape Architect Services | 20 Project Summary
Located in the City of Fullerton, Laguna Lakes Park is 28.5 acres in size, including an existing 7-acre lake.

RJM provided design services for improvements to the existing Regional Trail that travels along an east-west access through the project area, as well as habitat improvements along the southeast side of the Laguna Lakes Park site. These improvements were consistent with the City of Fullerton and the Rivers and Mountains Conservancy’s (RMC) design criteria and in conjunction with their oversight and participation. The trail provides for a continuous 12’ wide multi-purpose trail of decomposed granite. This trail accommodates equestrians, bikers, and hikers and meanders along the lake edge amongst existing and newly planted trees.

At the completion of the site analysis, tree inventory, and the trail alignment plan, a Habitat Creation Plan was prepared. This plan acknowledges the existing trees to remain on-site, as well as identifies the “long-term” tree replacement plan to achieve an eventual palette of native habitat creating trees.

The project is currently being installed on an incremental basis as funds become available.

Laguna Lakes Park Habitat and Trail Improvements
Fullerton, CA
Project Completion: 2010
Project Size: 28.5 Acres
Design Cost: $ 000
Construction Cost: $ 000 Million
Client Reference
Hugo Curiel
City of Fullerton
(714) 773-5798
[email protected]
Project Team
Principal: Larry Ryan
Project Manager: Craig Sensenbach
Appendices

City of Fullerton • On-Call Landscape Architect Services | 21 Roufous-sided towhee
Pipilo erythrophthalmus
Red admiral butterfly
Vanessa atalanta
Project Team
Principal: Craig Sensenbach
Project Manager: Tamara McClory
Project Summary
West Coyote Hills is over 500 acres in size and is owned by Pacific Coast Homes. It includes vacant oil field land, representing one of the last remaining development opportunities in the City of Fullerton and contiguous open space swaths in Orange County. It’s existing network of defunct oil field roads and interesting topography provides a roadmap of highly anticipated future, multi-use, recreating trails that complement the proposed housing development and master planned community.

The Initial Trails makes up the eastern portion of the overall trail system within West Coyote Hills, bordering Euclid Ave. to the east, the Nora Kuttner Trail to the south, and sits within the Robert E. Ward Nature Preserve.

It traverses hundreds of acres of willow scrub, southern cactus scrub, and coastal sage scrub, with vast topographic change, and extensive views. At the highest elevations, vista points offer stunning views of the ocean, basin, and surrounding mountains. On a clear day, the views sweeps from Catalina Island towards the west, Mount San Antonio (Baldy) to the north, and the Chino Hills and Santa Ana Mountains to the east. The initial trails system allows for pedestrian walking and hiking only, while cyclists and equestrians are allowed outside of the Preserve limits. Throughout the two miles of initial trails, interpretative signage and mixed media capture the life histories of local plants and wildlife. They also celebrate stories about the land and people that once inhabited the space. Bench seating and lodge pole fencing provide the framework of this highly prized natural wonder, allowing community members to finally enjoy West Coyote Hills open space.

West Coyote Hills Initial Trails
Fullerton, CA
Year Delivered: Anticipated 2021
Project Size: 2 Miles
Design Cost: $ 346,600
Construction Cost: Anticipated $ 1.4M
Client Reference
Ivan Jimenez
Pacific Coast Homes
6001 Bollinger Canyon Road, San Ramon, CA
[email protected]
Appendices
City of Fullerton • On-Call Landscape Architect Services | 23 City of Fullerton • On-Call Landscape Architect Services | 22 Project Summary
The Anaheim Convention Center is the largest exhibit facility on the west coast. The Grand Plaza project serves as a gateway and first impression to the Anaheim Convention Center, the Anaheim Hilton, and the Marriott Hotel. RJM Design Group led the project team in charge of developing a pedestrian plaza with 100,000 square feet of outdoor programmable space at the main entrance for the Convention Center.

The 100,000 square foot open air Grand Plaza provides additional outdoor spaces for events, creating a unique theme and lasting impression to the one million annual visitors to the Anaheim Convention Center.

The design is representative of the agricultural roots of Anaheim and Orange County, and the Southern California landscape, complete with three fountains, a “River-of-Light, ” Valencia orange trees, date palms and focal sculptural elements. Through the use of state-of-the-art energy-efficient lighting and control systems, the Grand Plaza is the go-to venue for an exciting, festive nighttime experience.

The design process included a stakeholder workshop to solicit design input and to build consensus among the interested groups to include the Convention Center staff, Visitor and Convention Bureau, various City Departments, major Hotel/Restaurants, and Bus and Taxi Service companies.

Anaheim Grand Plaza
Anaheim, CA
Year Delivered: 2015
Project Size: 21,000 SF
Design Cost: $1.36M
Construction Cost: $ 20M
Client Reference
Tom Morton
Executive Director, City of Anaheim
Convention, Sports, & Entertainment
(714) 765-8910
Project Team
Principal: Robert Mueting
Project Manager: Larry Mouri
Appendices

City of Fullerton • On-Call Landscape Architect Services | 23 Mission Viejo Village Center—Core Area Vision Plan
Mission Viejo, CA
Project Summary
Thanks to community input, the Mission Viejo Downtown core area will be redeveloped to include a walkable village that directly connects Mission Viejo’s Library and City Hall to Oso Creek and the Oso Creek Trail network. The property’s close proximity to Oso Creek provides a great opportunity to “Connect to the Creek” , which is one of the Core Area Vision Plan’s core guiding principles.

This vibrant paseo will introduce new outdoor lifestyle experiences in dining, retail, entertainment, as well as a space for public art and live entertainment. The Mission Viejo community believes this new paseo will become a lifestyle destination for locals and visitors with ample leisure activities.

Construction for the revitalized Mission Viejo Downtown area is set to begin in 2024.

Project Team
Principal: Larry Ryan
Project Manager: Eric Chastain
Completion Date: 2025
Project Size: 4.5 Acres
Design Cost: $215,000
Construction Cost: $46M
Client Reference
Keith Rattay
Assistant City Manager/
Director of Public Services
City of Mission Viejo
(949) 470-3014
[email protected]
Appendices
City of Fullerton • On-Call Landscape Architect Services | 25 City of Fullerton • On-Call Landscape Architect Services | 24 Project Summary
RJM redeveloped the Circle Area that is centrally located in the epicenter of Long Beach. It circulates traffic four ways and adjoins two highways together – 19 and PCH. The main objective for this site was to replace an existing turf-filled round-a-bout into an iconic focal point that celebrates the City of Long Beach and showcases its brand to the community.

RJM executed a vision by strategically placing four monumental towers throughout the center that occur at the terminus of each of the four streets that unite as one. These towers are also light fixtures that provide an ambience and a clear direction for the safety of drivers at night.

With water conservation and low maintenance top of mind, we eliminated turf and added new surfaces such as rock cobble and decomposed granite. The new planting areas are designed to have drought tolerant plants that will be low maintenance and long-lasting. In addition, the project has been designed to retain storm water and promote ground water recharge.

Project Team
Principal: Larry Ryan
Project Manager: Larry Mouri
Long Beach Round-a-Bout
Long Beach, CA
Start - End dates: Feb 2019 - Oct 2019
Project Size: 2.7 acres
Design Cost: $54,900
Construction Cost: $2.8M
Client Reference
Eric Lopez, Project Management Officer
City of Long Beach
411 W. Ocean Blvd.

Long Beach, CA 90802
(562) 570-5690 | [email protected] brwine
Appendices

City of Fullerton • On-Call Landscape Architect Services | 25 Ontario Town Square
Ontario, CA
Project Summary
RJM Design Group was the Prime Consultant for the Ontario Town Square. The Town Square is a central downtown gathering place and host to a number of community events. Town Square is organized on a diagonal view corridor and pedestrian promenade from the southwest corner of the site at Euclid on axis to the existing library, with pedestrian connections to City Hall. Town Square is designed to be flexible, capable of holding a number of different events and activities throughout the year, while creating a unique retreat for the downtown shopper, worker, and adjacent residences.

Spaces of different scale and atmosphere are developed along the central promenade, spiraling away from the central clock tower focal element. The amphitheater stage with covered shade structure element is located on the east side of the square with large grassy area for amphitheater seating and large open space to provide flexibility for various community events.

Project Team
Principal: Larry Ryan
Project Manager: Larry Mouri
Project Timeline: 2011-2014
Project Size: 2.17 acres
Design Cost: $850,000
Construction Cost: $5.3M
Client Reference
Roberto Perez - Retired
Philip Marino, Planning Department
City of Ontario
(909) 395-2036
[email protected]
Appendices
City of Fullerton • On-Call Landscape Architect Services | 27 City of Fullerton • On-Call Landscape Architect Services | 26 Project Summary
RJM developed conceptual designs for the City of Long Beach for the Downtown 1st Street Pedestrian Gallery. It is located between Pacific Avenue and Elm Avenue and will provide a link between City Hall, Lincoln Park/Library, Metro Transit Gallery, and East Village Arts District. The project is a priority for the City to enhance visual aesthetics to encourage new retail/commercial activity and improve the pedestrian experience. A major component of the plan is the reuse of the first Metro Blue Line car to attract a vendor to promote the area as a destination.

Streetscape treatment upgrades create a festive and protected environment for increased foot traffic with expanded decorative concrete sidewalk space, consistent family of streetlights, pedestrian lights, and street furniture (seating, pots, trash/recycle containers), palm and flowering street trees for scale and continuity, and public art. Decorative asphalt coating will provide the opportunity to close the street and create a flexible venue for community events. Curb extensions (bulb outs) provide road diet to reduce the speed of cars and create safe pedestrian crossing and provide opportunity to incorporate water quality basins. The pedestrian gallery will provide a seamless connection between the East Village Arts District to the rest of downtown and will be a catalyst for the revitalization of the area.

Project Team
Principal: Larry P . Ryan
Project Manager: Larry Mouri
Long Beach First Street Pedestrian Gallery
Long Beach, CA
Start/End Dates: Jul 2019 - Mar 2020
Project Size: 5 Blocks
Design Cost: $ 50,000
Construction Cost: $ 5 M
Client Reference
Brian Polivka, Capital Projects Coordinator
City of Long Beach
100 West Broadway, Suite 120
Long Beach, CA 90802
(562) 570-5578 | [email protected] ra
Appendices

City of Fullerton • On-Call Landscape Architect Services | 27 Project Summary
The I-15 Branding and Visioning Master Plan presented ideas to enhance image along the I-15 corridor through Temecula Valley through public art and landscape treatments. Themes along sections of the corridor and at the major interchanges reflect rich culture and history of the Valley to include 1) Pechanga Native American culture; 2) Temecula Old Town; 3) Temecula Wine Country; and 4) Temecula Lifestyle.

The interchange is the southern gateway to the City of Temecula, but I the main regional access to the Pechanga Resort and Casino. Concept for the interchange conveys the culture of the Pechanga tribe through sculpture art. Three different objects that hold a significance to the Pechanga people are represented pottery vase, basketry and acorns, an important food source in the area. A representation of the basketry pattern is conveyed in hardscape on the inside slope of the interchange. The landscape will include native plant found locally in the area. A partnership between the City, Pechanga and Caltrans was developed to implement this first component of the master plan and will be a model to follow for the other future improvement along the corridor.

I-15 / SR 79 Temecula Parkway Interchange
Temecula, CA
Completion Date: TBD
Project Size: 8.9 Acres
Design Cost: $ 98,000
Construction Cost: $ 3 Million
Client Reference
Kimberly Adams
President & CEO
Visit Temecula Valley
(951) 491-6085
Project Team
Principal: Larry P . Ryan
Project Manager: Larry Mouri
Appendices
City of Fullerton • On-Call Landscape Architect Services | 29 City of Fullerton • On-Call Landscape Architect Services | 28 Project Summary
Artesia Boulevard is a busy four-lane east to west arterial that parallels the 91 Freeway as it traverses through a diverse mix of residential, commercial, and industrial areas in North Long Beach. The Artesia Great Boulevard Vision & Integration Plan provides design guidance for the implementation of this “Complete Street” project that includes street rehabilitation, traffic signal improvements, improved sidewalks and pedestrian crossings, designated bicycle lanes, landscape improvements and public art that will transform this vehicular corridor into a vibrant environment reflective of the local community.

Existing medians will be completely re-landscaped with water efficient plant material, rock cobble, and decorative pedestrian barriers to discourage pedestrian crossings along this busy thoroughfare. Other proposed improvements include unique art components such as neighborhood monument signs, custom bus shelters, and custom site furnishings unique to the revitalized UPTOWN district of Long Beach.

Artesia Great Blvd. Vision and Integration Plan
Long Beach, CA
Completion Date: Ongoing (TBD-2022)
Project Size: 3 Miles
Design Cost: $ 2.3M
Construction Cost: $ 17M
Client Reference
City of Long Beach
Department of Public Works
Mouhsen Habib
Sr. Project Manager
[email protected]
Project Team
Principal: Larry Ryan
Project Manager: Larry Mouri
Appendices

LA RIVER
ROUTE 710
GOLDEN AVE.

MAINE AVE.

DEFOREST AVE.

LOMA VISTA DR.

W. 7th ST.

W. 12th ST.

ANAHEIM ST.

W. 5th ST.

W. 6th ST.

BROADWAY
OCEAN BLVD.

W. 3rd ST.

SHOEMAKER BRIDGE

City of Fullerton • On-Call Landscape Architect Services | 29

LA RIVER
ROUTE 710
GOLDEN AVE.

MAINE AVE.

DEFOREST AVE.

LOMA VISTA DR.

W. 7th ST.

W. 12th ST.

ANAHEIM ST.

W. 5th ST.

W. 6th ST.

BROADWAY
OCEAN BLVD.

W. 3rd ST.

SHOEMAKER BRIDGE
Appendices
Long Beach Integration Plan
Long Beach, CA
Completion Date: In Progress
Project Size: 95 Acres
Design Cost: $120,000
Construction Cost: TBD
Client Reference
Kekoa Anderson
Koa Consulting
(949) 887-0731
[email protected]
Project Summary
The concept of the master plan is the contrast between historic Long Beach and the new progressive movement of the City, i.e. Willmore Neighborhood and Downtown; Shoemaker Bridge Re-Use and the new iconic Shoemaker City Gateway Bridge. The master plan creates a network of bike and pedestrian trails that provide connectivity between the open space, L.A. River Trail, and links to the downtown and adjacent neighborhoods. The character images illustrate possible ideas that are compatible with the surrounding neighborhood character; create a unique and attractive destination; provide recreation opportunities; create a sense of pride and image for the International City and the most “Bike Friendly City” . Elements in the plan are:

A. Boardwalk/Promenade
B. Stormwater Runoff/Recycling Facility
C. Cesar E. Chavez Park
D. Bio Retention Basin
E. Community Gardens
F. Drake/Chavez Soccer Fields
G. Nature Center
H. Drake Park
Project Team
Principal: Larry Ryan
Project Manager: Larry Mouri
City of Fullerton • On-Call Landscape Architect Services | 31 City of Fullerton • On-Call Landscape Architect Services | 30 Project Summary
Orange County’s newest community, Rancho Mission Viejo, is located off Ortega Highway in South Orange County. It is home to a master planned 30 acre sports park unlike any other. Nestled in a natural rolling southern California landscape setting the environmental design of Esencia Sports Park is modeled after ranch industrialized facilities with board form buildings, steel I-beam shade structures, lighting, and landscape.

This rustic sports park offers both private and public amenities including: two (2) baseball fields, one (1) softball field, custom designed restroom and concessions building, one (1) synthetic multi-use field, one (1) playground, two (2) dedicated tennis and eight (8) dedicated pickle ball courts, and parking. Additional passive support amenities include hiking trails, exercise stations, and picnicing.

The sports park also offers community aquatic facilities overlooking the park complete with restrooms, a splash pad, lap swim lanes, open recreational swimming, as well as BBQ and cabana lounge areas. The site itself was designed to eliminate the need for expensive retaining walls while maximizing the buildable area through terraced pads and elevated concourses. The resulting design created hillside terraced seating, and elevated concessions allowing for maximum spectator viewing opportunities in a cost effective manner.

The new Esencia Sports Park is designed to fulfill much of the recreational needs identified for this new community.

Esencia Sports Park
Rancho Mission Viejo, CA
Project Team
Principal: Larry P . Ryan
Project Manager: Zachary Mueting
Project Completion: 2020
Project Size: 30 acres
Design Cost: $1,887,600
Construction Cost: $24M
Client Reference
Jennifer Taylor
Senior Project Manager
Rancho Mission Viejo Company
28811 Ortega Highway
San Juan Capistrano, CA 92693
(949) 240-3363 | [email protected]
Appendices

City of Fullerton • On-Call Landscape Architect Services | 31 Project Summary
The Bell Gardens Aquatic Center located in Ford Park was built in 1959 and was forced to shut down in 2017 due to failing infrastructure, several maintenance issues and non-compliance to new building codes.

The City of Bell Gardens solicited architectural design teams to renovate the facility and bring up to code.

RJM and their host of selected consultants won the project and are currently in the process of turning this facility into a state-of-the-art aquatic center.

New programming includes new pool house, recreational and competitive swim programs, water fitness, water safety as well as learning and education. Site amenities include a 50-meter competition pool, therapy pool and waterslide. Other amenities include cabana areas, picnic areas, terraced lawn space, trees for shade, outdoor fireplace and seating areas, spectator seating, covered dry land training areas, new landscape and perimeter fencing are also included.

Along with these improvements the aquatic area has more than doubled in size to cater to all the needs for the Community of Bell Gardens.

Project Team
Principal: Larry Ryan
Project Manager: Eric Chastain
Landscape Architect: Tyler Page
Bell Gardens Aquatics Center
Bell Gardens, CA
Project Start/End Dates: Jan 2021 - In progress
Project Size: 2.1 Acres
Design Cost: $ 1.6M
Construction Cost: $ 18M
Client Reference
Rozanne Adanto, Director of Recreation &
Community Services
City of Bell Gardens
phone: (562) 806-7650
email: [email protected]
Grissel Chavez
Public Works Director
email: [email protected]
Appendices
City of Fullerton • On-Call Landscape Architect Services | 33 City of Fullerton • On-Call Landscape Architect Services | 32 Project Summary
RJM’s task for OCPW as directed by the Orange County Supervisors is to study the upper pad portion of the Gypsum Canyon property owned by Orange County Cemetery District and to provide site grading, earthworks, utility connections and infrastructure for the development of a future Veteran’s Cemetery. The development of the public cemetery on the lower portion of the site will include improvements that are designed to support a similar sized Veteran’s cemetery on the upper portion.

Although the anticipated construction timeline for the upper portion is likely to occur after the site entry improvements and the OCCD phase 1 improvements have been completed, mass grading and remedial slope buttress improvements that bisect the property as expected to be performed in advance. RJM’s responsibilities include coordination / meetings, investigation, community outreach, conceptual design and cost estimating services to provide initial design services that clearly identify the State Veteran’s site area and site access and infrastructure requirements to serve that area.

Gypsum Canyon Veterans Cemetery
Anaheim, CA
Year Delivered: TBD
Project Size: +/-100 Acres
Design Cost: TBD
Construction Cost: TBD
Client Reference
Orange County Public Works
601 N. Ross Street
Santa Ana, CA 92701
(714) 667-8800
Project Team
Principal: Larry P . Ryan / Craig Sensenbach
Project Manager: Tamara McClory
Appendices

City of Fullerton • On-Call Landscape Architect Services | 33 Grant Howald Park
Newport Beach, CA
Project Summary
Grant Howald Park is a 3.5 acre park that has been serving the community of Newport Beach since 1954 as a popular community destination with a large multi-purpose field space, restroom building, parking, and tot lot. The park is directly adjacent to the CYC (Community Youth Center), an elementary school, and is nestled in the Harbor View neighborhood of Corona Del Mar. RJM assisted the City in preparing a preliminary conceptual design plan with input from the City’s Public Works Department, Parks Beaches and Recreation, and Ad Hoc committee. Further input was derived from the community through a community workshop project run by RJM and City staff to prepare a schematic design package for City Council approval.

Proposed improvements of the park rehabilitation include a new synthetic turf multipurpose sports field, team staging area, improved parking lot and ADA access, new pedestrian streetscape condition with undergrounding of sce above ground utilities, new 2-5 and 5-12 tot lot’s with connected inclusive and accessible play opportunities, and new park amenities such as benches, drinking fountains, bike racks, trash receptacles, and shade shelters. RJM then prepared a design development package to detail the exact elements for construction and demolition that have guided the development of the construction document drawings and specifications.

Project Team
Principal: Craig Sensenbach
Project Manager: Tamara McClory
Start/End Dates: October 2018 — August 2021
Services: Community Workshops,
Conceptual Design, Design
Development, Construction
Documents, Construction
Administration
Design Costs: $256,000
Construction Costs: $ 6.3M
Client Reference
Kathryne Cho, Civil Engineer
Public Works Department
(949) 644-3014
Appendices
City of Fullerton • On-Call Landscape Architect Services | 35 City of Fullerton • On-Call Landscape Architect Services | 34

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:

Larry P. Ryan
January 12, 2022
President
Forms
NONE

City of Fullerton • On-Call Landscape Architect Services | 35

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:

Forms (continued)

1.2 Professional Practices (line 5) - Change “warrants” to “represents”

5.2E Employee/Officer Fidelity Bond - We currently don’t carry this coverage, however if required, RJM/subconsultants can obtain this policy at an additional cost.

5.2F Cyber Liability Insurance - Currently, RJM carries coverage of $1M. If required by City, RJM/subconsultants can obtain this coverage at an additional cost.

5.4F All Coverages - Add to end of sentence “or ten (10) days notice if due to non-payment of premium” .

6.8 Indemnification and Hold Harmless (line 1) - “To the fullest extent of the law, including the provisions of California Civil Code Section 2782.8,... ”

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:

January, 18 2022RJM Design Group, Inc.
31591 Camino Capistrano, San Juan Capistrano, CA 92675
PresidentLarry P. Ryan
Larry P. Ryan, President
31591 Camino Capistrano
San Juan Capistrano, CA 92675
Zachary Mueting, Secretary
31591 Camino Capistrano
San Juan Capistrano, CA 92675

City of Fullerton • On-Call Landscape Architect Services | 36 City of Fullerton • On-Call Landscape Architect Services | 36 RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
[email protected]
www.RJMdesigngroup.com
[949] 493-2690 fax
[949] 493-2600 phone
On-Call Landscape Architect Services
City of Fullerton

EXHIBIT C

CERTIFICATES OF INSURANCE

ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

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

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
7/7/2022
License # 0E67768(619) 788-5795 50206(619) 574-628813056RJM Design Group, Inc.31591 Camino CapistranoSan Juan Capistrano, CA 9267511150 A 2,000,000XXPSB00072639/30/20219/30/20221,000,000Cont Liab/Sev of Int10,0002,000,0004,000,0004,000,000Deductible01,000,000A XPSA00024129/30/20219/30/2022No Co. Owned Autos 1,000,000A PSE00036289/30/20219/30/20221,000,000A XPSW00040669/30/20219/30/20221,000,0001,000,0001,000,000BProf Liab/Clms MadePAAEP003110410/1/2021Per Claim2,000,000BDed.: $25K Per ClaimPAAEP003110410/1/202110/1/2022Aggregate2,000,000Re: Fullerton, CA, Landscape Architectural Services / On-Call Landscape Architect ServicesCity of Fullerton, its elected or appointed officials, officers, employees and volunteers are Additional Insured with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability and Workers’ Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions.

City of Fullerton303 W. Commenwealth Ave.Fullerton, CA 92832 RJMDESI-01MCCOWANA
IOA Insurance Services4370 La Jolla Village DriveSuite 600San Diego, CA 92122Ali [email protected] Insurance CompanyArch Insurance Company X10/1/2022

X XXXXX XX
Policy Number: RLI Insurance Company
Named Insured:

PPB 304 02 12 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

RLIPack® FOR PROFESSIONALS

BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM - SECTION II – LIABILITY

1. C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused in whole or in part by you
or those acting on your behalf:
a. In the performance of your ongoing operations;
b. In connection with premises owned by or rented
to you; or
c. In connection with “your work” and included
within the “product-completed operations
hazard”.

2. The insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b. This insurance does not apply to the rendering
of or failure to render any "professional
services".
c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.

3. The following is added to SECTION III H.2. Other
Insurance – COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION II –

LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
additional insured under this policy 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 additional insured which
covers such additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a. The "bodily injury" or "property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b. The "personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.

4. The following is added to SECTION III K. 2.

Transfer of Rights of Recovery Against Others to
Us – COMMON POLICY CONDITIONS (BUT
APPLICABLE TO ONLY TO SECTION II –

LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal and advertising injury" arising
out of "your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract or agreement with such person or
organization entered into by you before the "bodily
injury" or "property damage" occurs, or the "personal
and advertising injury" offense is committed.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

PSB0007263
RJM Design Group, Inc.

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