Cities Index.
080222 PW On-Call Professional Architectural Consultant Services Stiegler Architects

City Council - Successor Agency - Housing Authority
August 2, 2022

Document
080222 PW On-Call Professional Architectural Consultant Services Stiegler Architects
Meeting
August 2, 2022
Body
City Council - Successor Agency - Housing Authority
Pages
10
Original file
5.0 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
IS ARCHITECTURE (DBA STIEGLER ARCHITECTS P.C.)

THIS AGREEMENT is made and entered into this day of , 2022 (“Effective Date”), by and between the CITY OF FULLERTON, a California municipal corporation (“City”), and IS ARCHITECTURE (DBA STIEGLER ARCHITECTS P.C.), 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 architectural services on an as-needed basis, 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 City’s Request for Proposals (“RFP”), atta ched 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 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;
Professional On-Call Architectural Services
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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 employ ment and employment practices; workers’ compensation insurance and safety in employm ent; 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 sim ilar to the services that are subject to this Agreement or may have its own employees per form 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” Professional On-Call Architectural Services
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unless the City, 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 s ubmit 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 form 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 until 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 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 Professional On-Call Architectural Services
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accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

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

5.0. INSURANCE

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

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

5.2. Minimum Scope and Limits of Insurance.

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

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

Such insurance shall include coverage for owned, hired and non-owned automobiles. (ENVIRONMENTAL CONTRACTS ONLY) If Consultant’s subcontractors or suppliers haul hazardous material (including, without limitation, waste), they must carry Auto Liability insurance applicable to all hazardous waste hauling vehicles, and include MCS 90 and ISO Form CA 99 48 03 06 – Pollution Liability – Broadened Coverage for Covered Autos, 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. Pollution Legal Liability or Asbestos Pollution Liability (ENVIRONMENTAL CONTRACTS ONLY). Consultant shall maintain project specific pollution or asbestos pollution liability insurance with a minimum limit of $2,000,000 each occurrence and $2,000,000 policy aggregate. If the coverage provided applies to asbestos related losses, the policy shall be endorsed to cover losses caused by either work performed or by any occurrence. Completed operations shall not be limited.

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

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

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

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

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

C. Professional Liability and Pollution or Asbestos Pollution Liability (ENVIRONMENTAL CONTRACTS ONLY). If these policies are 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 contract work. A copy of the claims reporting requirements must be submitted to the City for review. (ENVIRONMENTAL CONTRACTS ONLY:

If the services involve lead-based paint or asbestos identification/remediation, the Pollution Liability shall not contain lead based paint or asbestos exclusions. If the services involve mold identification/remediation, the Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.)

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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 and shall endorse the policy with a waiver of subrogation.

E. 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 the specified minimum limits of insurance and coverage shall be available to the City.

F. 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.

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

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

6.0. GENERAL PROVISIONS

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

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

Consultant shall designate a representative for purposes of this Agreement who Professional On-Call Architectural Services
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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) 96 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:

IS Architecture, DBA Stiegler
Architects P.C.
5645 La Jolla Boulevard
La Jolla, CA 92037
Attn: Ione Stiegler
City of Fullerton
303 W. Commonwealth Ave.

Fullerton, CA 92832
Attn: Public Works Director

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 hereu nder 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 Professional On-Call Architectural Services
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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 professional exceed the design professional’s proportionate percentage of fault, unless otherwise specified in Civil Code section 2782.8. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

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

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

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

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to Professional On-Call Architectural Services
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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 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 fo rm, 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 doc uments 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 tr ade 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 Professional On-Call Architectural Services
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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 w ill 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.

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.

Professional On-Call Architectural Services
City of Fullerton

EXHIBIT A

REQUEST FOR PROPOSALS

CITY OF FULLERTON

REQUEST FOR QUALIFICATIONS
RFQ #4367 ON-CALL PROFESSIONAL ARCHITECTURAL SERVICES

SUBMIT YOUR
PROPOSAL BY 2:00 PM PST
ON DECEMBER 17, 2021 TO:

City of Fullerton – Purchasing
303 W. Commonwealth Avenue
Fullerton CA, 92832-1775
RFQ Posted: Wednesday, November 10, 2021
Proposals must be received by: Friday, December 17, 2021 at 2:00 PM PST

Table of Contents
SECT
ION I NOTICE OF REQUEST FOR QUALIFICATIONS…………………………………………..1 SECT
ION II SCOPE OF SERVICES/SCOPE OF WORK………………………………………………...2 SEC
TION III INSTRUCTIONS TO PROPOSERS……………………………………………………….....3 SECT
ION IV REQUIRED PROPOSAL CONTENT………………………………………………………....7 SECT
ION V EVALUATION AND AWARD………………………………………………………………....10 SECTI
ON VI SAMPLE PROFESSIONAL SERVICES AGREEMENT……………………………….…..12 SECTION VII STATUS OF PAST AND PRESENT CONTRACT FORM………………………………....24 SECTION VIII EXCEPTIONS FORM……………………………………………………………………….....25 1 SECTION I

NOTICE OF REQUEST FOR QUALIFICATIONS
On-Call Professional Architectural Services

NOTICE IS HEREBY GIVEN that the City of Fullerton is requesting statement of qualifications from professional architectural consulting firms to provide architectural design and construction assistance services within the City to support the Public Works Department, Engineering Division . The City intends to select up to three (3) consultants, but the actual number of consultants selected may be based on number of responses and qualifications.

This Request for Qualifications (RFQ) provides information on the City of Fullerton, the required scope of services, the consultant selection process, and the minimum information that must be included in the RFQ Response. Proposals will be evaluated on the basis of the overall best value to the City based on quality, service, price , and any other criteria set out herein including but not limited to, the proposer’s ability to meet the requirements, qualifications, and competencies set out herein.

BACKGROUND

The City of Fullerton is located 22 miles southeast of metropolitan Los Angeles, in the center of North Orange County. Fullerton is a full-service, general law city that was incorporated in 1904. Fullerton is renowned for its unique mix of residential, commercial, industrial, educational, and cultural environments and is known for being “the education community”. Fullerton has 52 City parks, a museum, a cultural center, a public library, a golf course, and 29 miles of recreational trails. Fullerton provides an outstanding quality of life for both residents and businesses. At 22.4 square miles, Fullerton is also one of the largest cities in Orange County by area and is the sixth most populous.

SUBMITTAL DEADLINE

TO BE CONSIDERED, SEALED ELECTRONIC PROPOSALS MUST BE SUBMITTED NO LATER THAN Friday December 17, 2021 at 2:00 PM to the Purchasing Division, 303 W. Commonwealth Ave., Fullerton, California, 92832. Failure of, or disturbances in any mail is not a legitimate reason for proposals submitted after the above due date. The City may extend the deadline at its discretion.

It is not the responsibility of the City to notify potential bidders. Prospective bidders shall be notified via the City’s eProcurement portal, Public Purchase at www.publicpurchase.com Organizations must first register as a vendor and registration is free , and organizations may select to be notified of all future bids posted by the City of Fullerton.
2 SECTION II

SCOPE OF SERVICES/SCOPE OF WORK

The City of Fullerton would like the selected firm (s) to provide professional architectural design and construction assistance services for City projects to support the Public Works Department, Engineering Division. The City intends to award an agreement for the solicited services for a term of three (3) years with an option to renew for an additional two (2) year period at the City’s discretion.

The City encourages firms to submit qualifications for any or all parts of the key services listed below to be eligible for placement on the qualified on-call/as-needed list for each service criteria.

The work will be assigned on an as-needed basis for various projects in the city. At the City’s discretion, successful firms will be assigned projects based on qualifications in relation to the project(s) scope of work.

MINIMUM QUALIFICATIONS
Only those consultants with verifiable experience as it relates to the services requested in this solicitation will be considered during the evaluation process. Consultant staff assigned to execute the scope of services must have relevant experience in providing the necessary services as described under the scope of services. All personnel assigned to the work shall possess appropriate certifications or registrations as required by state and local agencies.

SCOPE OF WORK
Selected firms will report to, and operate under, the direction of the City of Fullerton Public Works staff, to pr ovide professional architectural services. For the next several years, the vast majority of projects are expected to be small scale involving:
• Modification of existing restroom buildings for accessibility and current building code requirements
• Minor modifications, repairs, and/or additions to existing City buildings o This can include work on facilities listed on local and national historic registers. • Construction of small facilities such as park restrooms or trash enclosures with roof structures • Tenant improvement modifications to existing City buildings and facilities

In general, the selected consultant will be expected to provide services , including but not limited to the following:
• Provide complete construction documents as required for the pr oject scope (plans, technical specifications and estimate).
• Obtain required approvals from the City’s Community and Economic Development Department (Building and Planning) for the applicable project permits. • Provide assistance during construction including submittal reviews, RFI, change orders, etc.

3 SECTION III

INSTRUCTIONS TO PROPOSERS

Examination of Proposal Documents

By submitting a proposal, 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 te rms and conditions of any resulting Agreement. City will not be bound to any modifications to or 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 proposer 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 shou ld 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/or 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 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 4:00 P.M. PST on Friday, December 3, 2021.

4 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 eProcurement’s . Registration is free and interested firms can 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 December 9, 2021 City’s bid webpage:
www.cityoffullerton.com/business/bids-rfps
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 2:00 PM on Friday December 17, 2021.

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
Firm shall submit one (1) complete electronic proposal on one (1) USB flash drive. Copy of the proposal must be submitted in a sealed package bearing the firm’s name and address and clearly marked as follows:

RFQ #4367 On-Call Professional Architectural Services
City of Fullerton – Purchasing
Attn: Jimmy Armenta, Buyer
303 W. Commonwealth Avenue
Fullerton CA, 92832-1775
Phone: 714-738-6533 Email: [email protected]

Proposer 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. 5 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 the City makes no representations that any contract will be awarded to any proposer 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 firm in the preparation of its proposal. Firm shall not include any such expenses as part of its proposal.

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

1. Preparing its proposal in response to this RFQ;

2. Submitting that proposal to the City;

3. Negotiating with the City any matter related to this proposal; or any other expenses incurred by firm 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 and not with multiple firms doing business as a joint venture.

Exceptions and Deviations

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

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 evidence of the required insurance in 6 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.

** See section VI for sample Professional Services Agreement for insurance requirements. **

7 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 regarding features which the City will look for and expect to be included in the proposal.

Electronic proposal will be submitted in a format that will print on 8 ½” x 11" size paper and uploaded in one (1) USB flash drive. Charts and schedules must be submitted 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 proposer 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 same or similar nature; demonstrated experience working with other public agencies; strength and stability of the firm(s) ; 8 staffing capability; work load; record of meeting schedules on similar contracts; and supportive client references. Most recent references preferred.

Proposer 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. Include subconsultants as applicable. (3) Describe your experience providing similar services for other public agencies and authorities, with an emphasis on California jurisdictions and agencies. (4) References – Please provide at least three (3) client references for whom your firm has performed similar work to that requested in this RFQ during the past five (5) years. For each client, please provide the name, street address, telephone number, and email address.

Proposed Staffing and Organization

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

Proposer 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.

Detailed Work Plan

Proposer shall provide a narrative that addresses the Scope of Work and shows proposer's understanding of City's needs and requirements.

9 The proposer 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 proposer’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 proposer 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 proposer 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. Please note that this does not constitute an invitation to submit large amounts of extraneous materials. 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.

10 SECTION V

EVALUATION AND AWARD

Evaluation Criteria

City will evaluate the proposals received based on the following criteria outlined below. Respondents who are not actively engaged in providing services of the nature proposed in their response to this request and/or who cannot clearly demonstrate to the satisfaction of the City their ability to satisfactorily perform the work in accordance with the requirements set forth in this request will not be considered. The City shall be the sole judge of the qualifications and services and its decision shall be final. Discussions may be conducted with respondents who submit qualifications determined to be reasonably acceptable of being selected for award. Any changes to the RFQ requirements will be made by addendum. All addenda shall be signed by firm s and attached to the proposal. Failure to attach any addenda may render the proposal non- responsive and cause it to be eliminated from consideration.

City will evaluate the proposals 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.

4. Fee Proposal - Reasonableness of proposed fees.

The City will select a firm based upon the responding firms’ qualifications and experience, together with its responses to the requests for information set forth above. It should be noted that none of these factors in and of themselves are determinative, and the City reserves the right to select a firm on any basis that is 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 the submittals are evaluated. 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 and qualifications for the services requested in the scope of work . Firms may be asked to submit additional documentation at or after the interview stage. Based upon the interview and evaluation of the proposals, the top-ranked firm will be recommended to the City Manager and/or City Council (if necessary). In addition, the City reserves the right to select a firm without conducting interviews or abandon this RFQ. Final selection of a firm and authority awarding the contract to proceed with these services shall be at the sole discretion of the City and if required, City Council.

11 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 recommendation 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 firm(s) awarded a contract. 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
www.cityoffullerton.com/business/bids-rfps and on the City’s eProcurement platform (www.publicpurchase.com).

Tentative Schedule
** Tentative Schedule may be changed at the City’s discretion, Interviews and Negotiations will be scheduled if required **

Release of RFQ November 10, 2021

Question Submittal Deadline December 3, 2021, at 4:00 P.M. PST

Response to Questions Posted December 9, 2021

RFQ Submittal Deadline December 17, 2021, at 2:00 P.M. PST

Consultant Interviews/Contract TBD
Scope Negotiations

Contract Award February 2022

12 SECTION VI

SAMPLE PROFESSIONAL SERVICES AGREEMENT

13 CITY OF FULLERTON

PROFESSIONAL SERVICES AGREEMENT
WITH
[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 [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 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:

SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL

(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 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 A].

2.2. Additional Services. Consultant may perform the [additional services described in Exhibit “B”] attached hereto and incorporated herein by this reference if SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL

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 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 form, to be attached hereto as Exhibit “D.” It is the Consultant’s responsibility to provide to the City any revised or updated W- 9 form.

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 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 SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL

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, his 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 $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 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.

SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL

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. (Required if Consultant will be handling City funds)

5.3. Deductibles and Self-Insured Retentions. Any deductible or self -insured retention must be declared to and approved by the CITY. The CITY may require the CONSULTANT to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide or be endor sed 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. 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 wor k. 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 contract work.

D. CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.

E. Employee/Officer Fidelity Bond, CITY shall be named as third party beneficiary for losses arising from work done on behalf of CITY. (Required if CONSULTANT will be handling City funds)
F. All Coverages. E ach insurance policy required by this clause shall be SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL

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.

G. 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 the specified minimum limits of insurance and coverage shall be available to the CITY.

H. 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.

I. 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 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.

5.6 Verification of Coverage. CONSULTANT shall furnish the 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, CONSULTANT shall furnish certified copies of all policy endorsements required herein. All certificates and endorsements must be received and approved by CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’S obligation to provide them. The CITY reserves the right to require at any time complete, certified copies of any or all required insurance policies and endorsements.

6.0. GENERAL PROVISIONS

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

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

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

6.3. Project Managers. City shall designate a Project Manager to work directly with SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL

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:

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

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

6.8. Indemnification and Hold Harmless. To the fullest extent of the law, and consistent with Civil Code section 2782.8, Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against City, its elected and appointed officials, officers, agents, and employees to the extent arising out of, pertaining to, or relating to the negligence, reck lessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in performing design professional services pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, but shall be SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL

required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misco nduct of Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents , and employees based upon such negligence, recklessness, or willful misconduct, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

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

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

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

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

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

SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL

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 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 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 SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL

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.

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 SAMPLE ONLY – NOT REQUIRED WITH PROPOSAL

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

CONSULTANT

__________________________________ Date: __________________________ [NAME AND TITLE]

__________________________________
Social Security or Taxpayer ID Number

APPROVED AS TO FORM:

__________________________________
Richard D. Jones, City Attorney

24 SECTION VII

STATUS OF PAST AND PRESENT CONTRACT FORM

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. 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. If no contract ended in termination, settlement or litigation, a statement to that effect shall be made on this form. Each form must be signed by the firm’s confirming that the information provided is true and accurate. Firm is required to submit a copy of the completed form(s) as part o f the electronic proposal on the one (1) USB 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:_____________________________

25 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 proposer is an individual, state "Sole Owner" after signature. If 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 proposer is a corporation, signature must be by an authorized officer, so stated after "Title", and the names of the President and Secretary and their business addresses must be shown below:

___________________________________ ______________________________________

___________________________________ ______________________________________

___________________________________ ______________________________________

___________________________________ ______________________________________

RFQ #4367 On-Call Professional Architectural Services
Questions and Answers

1. Please clarify exactly what proposers need to submit. We understand we need to submit one (1) complete electronic proposal on one (1) USB flash drive. Do we also need to submit a printed copy of the proposal? If so, does it need to be bound?
a. The City only requires submission of a complete proposal submission uploaded on one (1) USB flash drive delivered in a sealed envelope/package. No physical hard copy submission of the proposal is required.

2. If we submit our proposal prior to Dec. 17, 2021, what are the daily hours of operation for your office? a. If submitting your proposal prior to Dec. 17, 2021, submissions can be received Monday through Thursday from 8am to 5pm PST.

3. The RFQ states prospective consultants are to submit sealed electronic proposals. It also states we shall submit one complete electronic proposal on one USB flash drive. To confirm, we are only required to submit one USB in a sealed package and no physical paper copy is required? a. Please see question #1

4. Most of the language in the RFQ seems to indicate that our response is to be 100% electronic, delivered on a thumb drive. However, one line reads “Firm shall submit one (1) complete electronic proposal on one (1) USB flash drive. Copy of the proposal must be submitted in a sealed package bearing the firm’s name and address and clearly marked as follows:” While I understand that the “copy” referred to is most likely the previously stated electronic copy, I thought it wisest to clarify. Simply put, is a printed copy of our response required, or is it 100% electronic? a. Please see question #1

5. Please clarify – do you want proposers to also submit a printed and bound copy of the DOQ along with the electronic submission on a USB flash drive?
a. Please see questions #1

6. If we submit prior to the Dec. 17 due date, what are the hours of operation of the office that receives submittals.
a. Please see questions #2

7. There is no specific project being requested is a detailed work plan required? a. A detailed plan is not required, but please provide a basic outline showing how you approach a typical building improvement/modification project.

8. There is no specific project being requested – is it required to list sub consultants we do not know the scope of work?
a. Please provide your expected team/subs for building improvement/modification projects.

Assume site work will not be included in any project scope of work. The City understands that the project team/subs can vary depending on the actual scope of the project.

Professional On-Call Architectural Services
City of Fullerton

EXHIBIT B

CONSULTANT’S PROPOSAL

Submitted by:

Stiegler Architects PC dba IS Architecture
5645 La Jolla Boulevard
La Jolla, CA 92037
www.ISArchitecture.com
858.456.8555

CITY OF FULLERTON

IS Architecture Proposal for
RFQ #4367 ON-CALL PROFESSIONAL

ARCHITECTURAL SERVICES
City of Fullerton - Purchasing
303 W. Commonwealth Avenue
Fullerton, CA 92832-1775
Due: December 17, 2021 before 2:00 PM PDT

Table of Contents

CITY OF FULLERTON
RFQ #4367

ON-CALL PROFESSIONAL

ARCHITECTURAL SERVICES
1 Table of Contents
Page
A. Letter of Transmittal 3
B. Technical Proposal 6

1. Qualifications, Related Experience, and References of Proposal 7

2. Proposed Staffing and Organization 15

3. Detailed Work Plan 26

4. Fee Proposal 29

5. Appendices 32

6. Status of Past and Present Contracts Form 40

7. Exceptions Form 42
Historic Preservation Architecture and Planning
5645 La Jolla Boulevard La Jolla, CA 92037 858.456.8555 www.isarchitecture.com 2 A: LETTER OF TRANSMITTAL

CITY OF FULLERTON
RFQ #4367

ON-CALL PROFESSIONAL

ARCHITECTURAL SERVICES
3 Historic Preservation Architecture and Planning
5645 La Jolla Boulevard · La Jolla, CA 92037 · 858.456.8555 · www.isarchitecture.com A. LETTER OF TRANSMITTAL
December 17, 2021
City of Fullerton – Purchasing
Attn: Jimmy Armenta, Buyer
303 W. Commonwealth Avenue
Fullerton, CA 92832-1775
Subject: RFQ #4367 On-Call Professional Architectural Services City of Fullerton:

IS Architecture is grateful for the o pportunity t o present the City of Fullerton with our qualifications to provide On-Call Professional Architectural Services. As we will demonstrate in our Statement of Qualifications, IS Architecture has the experience and resources, along with a commitment to client service, which assures delivery of the requested scopes of work in a timely and competent manner.

As requested in the RFQ, we are submitting one (1) USB flash drive containing an electronic copy of our proposal. Our qualifications will be described in greater detail in Section B, Technical Proposal.

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

IS Architecture
5645 La Jolla Boulevard
La Jolla, CA 92037
P: 858.456.8555 x101
F:858.456.8566
Contact Person:

Ione R. Stiegler, FAIA, NCARB, Principal Architect
5645 La Jolla Boulevard
La Jolla, CA 92037
P: 858.456.8555 x100
[email protected]
www.isarchitecture.com

2. Identification of all proposed sub-consultants.

Discipline Company Contact / Address Phone/Fax
email
Relationship
w/Proposer
Structural
Engineering
Structural
Focus, SE
Russell Kehl, SE
192105 Vermont
Ave. Bldg. B, Ste 2
Gardena, CA 90248
P:310.323.9113, x12
[email protected]
Sub-
consultant
Mechanical,
Plumbing,
Electrical
Engineering
Engineered
Systems
Consulting
Engineers
Craig J. Moya
P.O. Box 2186
Spring Valley, CA
91979
P:619-723-2020
F:619-295-1986
[email protected]
Sub-
consultant
4 Historic Preservation Architecture and Planning
5645 La Jolla Boulevard · La Jolla, CA 92037 · 858.456.8555 · www.isarchitecture.com Civil
Engineering
Enginuity
Consulting
Zubin Patrawala, PE,

LEED PE
15740 Via
Montenero
San Diego, CA
P:858.509.1885
[email protected]
Sub-
consultant
Cost
Estimating
HL
Construction
Jay Helekar, ASPE
678 N. Lemon Hill
Trail – Orange, CA
92869
P:714-941-9294
Jhelekar
@hlconstructionmanagement.com
Sub-
consultant
Fire
Protection
Engineering
WJE Garner Palenske
16496 Bernardo Ctr.

Drive
San Diego, CA 92128
P:858-735-1077
F:847-291-9930
[email protected]
Sub-
consultant

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

As of Dec. 17, 2021, we have not received any RFQ addenda.

4. Statement regarding length of validity of the proposal.

This proposal submitted by IS Architecture shall remain valid for a period of no less than 120 days from the date of the submittal.

5. Signature of person authorized to bind IS Architecture to the terms of the proposal.

Ione R. Stiegler, FAIA, NCARB
Principal Architect

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

As Principal Architect of IS Architecture, I attest that all information submitted with IS Architecture’s proposal to provide On-Call Professional Architectural Services as specified in RFQ #4367 is true and correct.

Ione R. Stiegler, FAIA, NCARB
Principal Architect
5 B: TECHNICAL PROPOSAL

1. QUALIFICATIONS, EXPERIENCE, AND REFERENCES

CITY OF FULLERTON
RFQ #4367

ON-CALL PROFESSIONAL

ARCHITECTURAL SERVICES
6 RFQ #4367 On-Call Professional Architectural Services, Fullerton, CA B. Technical Proposal

1. Qualifications, Related Experience, and References of Proposer

QUALIFICATIONS
(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.

IS Architecture is a nationally recognized, award-winning architecture firm dedicated to the preservation and renewal of our built environment. The firm was founded 31 years ago by Ione R.

Stiegler, FAIA, NCARB, who, with her studio, has successfully completed dozens of projects for public agencies throughout Southern California. Over this time, IS Architecture has gained a reputation as a high-performance firm, earning more than 50 awards for excellence in architectural design and historic preservation.

Ms. Stiegler and her staff are thoroughly familiar with all the requirements of this contract, with hands-on experience in the development of construction documents, specifications, and cost estimates for public works projects. Our experience also extends to construction support services, including submittal reviews, RFI’s, and change orders.

We also have extensive experience with the process of obtaining permits from various jurisdictions. Upon contract award, we will quickly familiarize ourselves with the permit process used by the City of Fullerton. In addition, IS Architecture has developed a special expertise in historic preservation architecture and can provide full historic preservation services.

With an in-house staff of 10 and additional manpower available from our subconsultant team, we are the right-size for the projects described in your Scope of Work.

For this proposed contract with the City of Fullerton, we have selected
a team of subconsultants that we have worked with in
the successful completion of numerous architectural projects over the years. The team members and their credentials are presented in the next section of this Statement of Qualifications (SOQ).

For work on facilities listed on local and national historic registers, our team of historic preservation specialists can advise how to comply with the Secretary of the Interior Standards for the Treatment of Historic Properties (SOIS) and guide the City through the myriad of other regulations governing compliance with cultural environmental mandates. Our Historic Preservation Specialists, Historic Architects, and Historians all meet or exceed the SOIS Professional Qualification Standards.

Firm’s Understanding of the Scope of Work:

As we will demonstrate in our SOQ, the IS Architecture team is experienced in the type of work anticipated under this contract, namely:

COMPANY INFORMATION
Contact Person:

Ione R. Stiegler, FAIA, NCARB
Founding Principal
P: 858.456.8555 ext101
[email protected]
Main Office (no Branch Offices)
5645 La Jolla Boulevard
La Jolla, CA 92037
P : 858.456.8555
www.isarchitecture.com
Organizational Entity
California Corporation
Certifications
California DGS Small (Micro)
Business #2013534
Caltrans State Women Business
Enterprise (SWBE) #16564
DIR No.: 1000053291
7 RFQ #4367 On-Call Professional Architectural Services, Fullerton, CA • Minor modifications, repairs, and/or additions to existing City buildings, including work on facilities listed on local and national historic registers. • Construction of small facilities such as park restrooms or trash enclosures with roof structures. • Tenant improvement modifications to existing City buildings and facilities. • Modification of existing restroom buildings for accessibility and current building code requirements.

Typical Approach to the Work:

Upon issuance of a task order, IS Architecture will schedule a walk-through of the building / structure and its site with the designated project manager from the City of Fullerton, appropriate staff representatives, and key members of the project team including subconsultants to review the project scope of work. During the walk through, a review of existing conditions will be performed to highlight user concerns and gather information from all stakeholders. Building staff are encouraged to attend to provide information on recent repairs, current maintenance procedures, and specific areas of active deterioration. For new construction of small facilities such as park restrooms or trash enclosures with roof structures, IS Architecture will also schedule a walk-through of the anticipated site for the structure(s).

For historic projects, the IS Architecture team at this point will begin our research to locate and examine all documents recording the original design and construction of a resource as well as subsequent modifications over the years. The walk-through will enable our historic preservation specialists to understand and document historic design elements that are part of the original design and other building elements that may have been added over the years.

The IS Architecture team will work closely with the City of Fullerton to find design solutions that conform with the project scope of work and also comply with SOIS. Choosing an appropriate treatment for a historic resource and being sensitive to its surroundings is critical.

Once the project scope is understood and agreed upon, ISA will designate the appropriate disciplines to serve on the project team. At this time, the ISA Project Manager will work with the team to establish the best form of communication for the group. The project team will communicate via email, telephone, or in person throughout the project to ensure project schedule, budget, and deliverables.
(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. Include subconsultants as applicable.

IS Architecture was founded 31 years ago by Ione R. Stiegler, FAIA. It is financially sound and has a solid track record of success in meeting schedules on similar contracts, as can be supported by our references. Our firm has extensive experience working with public agencies throughout Southern California providing professional architectural design and construction services for similar City projects, we well as historic preservation services in the areas of environmental compliance, historic preservation planning, documentation, determination of eligibility, and architectural services to governmental and institutional agencies and private building owners.

SUBCONSULTANT TEAM
Structural Engineering
Russell Kehl, Structural Focus
MEP Engineering
Craig J. Moya, Engineered Systems
Consulting Engineers
Civil Engineering
Zubin Patrawala, Enginuity
Consulting
Cost Estimating
Jay Helekar, HL Construction
Management
Fire Protection Engineering
Garner Palenske, Wiss, Janney,
Elstner Associates
8 RFQ #4367 On-Call Professional Architectural Services, Fullerton, CA Our staff of 10, which includes 4 registered architects, has a blend of both architectural and historic preservation planning acumen. The architecture side of the firm is intimately familiar with the California Building Code, the State of California’s Historic Building Code, the Existing Building Code, and the Americans with Disabilities Act (ADA). They also have an in-depth knowledge and understanding of historic materials and their patterns of deterioration and the latest guidance on repair. Through the application of the Secretary of Interior’s Standards for the Treatment of Historic Properties, the IS Architecture team can advise how to avoid, reduce, or
mitigate substantial impacts caused by project actions, thus addressing CEQA and/or NEPA, National Historic Preservation Act (NHPA) Section 106 or PRC 5024.5 compliance. Our firm completes the design recommendations, documents, and
reports needed to ensure compliance with environmental
mandates.

For this proposal, we have selected
a team of subconsultants we
have worked with in the past in the successful completion of similar projects. The team includes the following members:

Russell Kehl, S.E. of Structural Focus for structural engineering; Craig J. Moya, Principal of Engineered Systems Consulting Engineers, for MEP engineering; Zubin Patrawala, P.E., of Enginuity Consulting, for civil engineering; Jay Helekar, ASPE of HL Construction Management for cost estimating services; and Garner Palenske, P.E., of Wiss, Janney, Elstner Associates, for fire protection engineering. Full resumes for the team are included in Section 2 of this Statement of Qualifications, along with our team organization chart. (3) Describe your experience providing similar services for other public agencies and authorities, with an emphasis on California jurisdictions and agencies.

IS Architecture, which is a certified woman-owned small business, is intimately familiar with Local, State, and Federal planning processes, policies, codes, and regulations, as well as with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, CEQA, National Park Service Preservation Briefs, Americans with Disabilities Act (ADA) requirements, and National and Local Register of Historic Places Criteria. The firm’s public agency experience includes the following:
• City of San Diego
• County of San Diego
• City of Riverside
• County of Riverside
• California Department of Parks and Recreation
• Caltrans District 11
• California High Speed Rail Authority
• Caltrain
• SANDAG
• National Park Service
On the following pages, we provide an overview of relevant experience providing architectural services for other public agencies and authorities.
• US Army Corps of Engineers
• Department of Defense
• Chapman University
• City of Orange
• University of Nevada Reno
• Fullerton Community College
• NAVFAC Southwest
• SANBAG
• University of California San Diego
• General Services Administration
9 RFQ #4367 On-Call Professional Architectural Services, Fullerton, CA

RELATED EXPERIENCE
Mission Beach Boardwalk Bulkhead Reconstruction
San Diego, CA
Client: City of San Diego; Year Completed: 2016
Description: Years of deferred maintenance and
improper repair jobs left the 1925 Mission Beach
Boardwalk in an unrecognizable state of disrepair. The
reconstruction of the National Register eligible resource involved partially reconstructing the seawall, boardwalk, and light standards to their historic appearance. In 2014, IS Architecture was contracted to prepare a technical
report to assess whether the lampposts were original and to analyze the proposed balustrade openings for conformance to the Secretary of the Interior’s Standards.

After review of all the information for the project, our firm found the proposed openings in the seawall did not conform to the Secretary of the Interior’s Standards and the existing lamppost fixtures were not the original design. IS Architecture then provided historic construction monitoring from September 2015 through completion in April 2016.

UCSD Audrey Geisel University House Rehabilitation and Seismic Stabilization, La Jolla, CA Client: University of California Board of Regents; Year Completed: 2016 Description: IS Architecture served as the Executive Architect for UCSD for the historic rehabilitation and seismic
stabilization project for this National Register resource to be used as both the Chancellor’s private residence and a public space for university symposiums and events. The resource, a 12,000 square foot Pueblo Revival residence, was built in 1950-1951 of unreinforced adobe on a site that had
substantial coastal bluff subsidence, native habitat concerns, and is listed as a Native American Sanctified Cemetery by the California Native American Heritage Commission. The rehabilitation seamlessly included a seismic retrofit, bluff stabilization, reinstalling all utilities and mechanical systems, altering the drainage pattern of the entire building and site, installing new fire suppression and security systems, improving circulation, and restoring aesthetic features while honoring the site’s Native American heritage.

Georgia Street Bridge Historic Rehabilitation, San Diego, CA Client: City of San Diego; Year Completed: 2019
Description: IS Architecture served as the Historic Preservation Architect for the rehabilitation of Georgia Street Bridge, a three- hinged concrete arch bridge and accompanying retaining walls designed and constructed in 1914 by City Engineer James R.

Comly. The design follows closely the principles of the Beaux Art/American City Beautiful Movement. The bridge’s 69-foot- long by 30-foot-wide reinforced concrete deck and associated retaining walls create a grade separation allowing traffic to cross over and under the bridge. 10 RFQ #4367 On-Call Professional Architectural Services, Fullerton, CA As a result of deferred maintenance combined with a slow rate of inherent structural failure, the Georgia Street Bridge fell into a state of disrepair. IS Architecture was consulted to prepare a Historical Resource Technical Report to analyze proposed alternatives to the seismic retrofit and rehabilitation of Georgia Street Bridge. The Technical Report was used by the City of San Diego as part of the environmental documentation prepared to satisfy the California Environmental Quality Act (CEQA). Similarly, the information from this report was intended to be used by Caltrans as part of the documentation for the National Environmental Protection Act (NEPA).

San Ysidro Land Port of Entry Customs House Historic Rehabilitation and Seismic Stabilization San Ysidro, CA – Client: General Services Administration; Year Completed: 2018 Description: IS Architecture, in conjunction with
Hensel Phelps, Stantec, RJC (now Steinberg Hart)
and our client GSA, began the process of planning
and executing the rehabilitation and addition to
the historic resource in 2015 based on bridging
documents provided by Architects Miller Hull
Partnership. The project included northbound and
southbound pedestrian processing as well as office
space dedicated to the business of the San Ysidro
Land Port of Entry, the busiest land port of entry in
the Western Hemisphere.

The building has been in continuous operation as an inspection station and customs house since it opened in 1933. Based on the historical and physical analysis of the existing resource, it was determined that the building could apply either the Restoration or the Rehabilitation Guidelines from the Secretary of the Interior’s Treatments for Historic Preservation. The Rehabilitation guidelines were applied to allow the building to continue to function as an inspection station and customs house.

AC Hotel Rehabilitation and Historic Construction Monitoring Historic Gaslamp District, San Diego, CA.

Client: The Briad Group; Year Completed: 2022 (expected) Description: IS Architecture was contracted for both the design phase and the construction phase of the project. ISA designed the architectural rehabilitation of the façade and developed and monitored a Mitigation Monitoring and
Reporting Program (MMRP) for the construction of the AC Hotel in the historic Gaslamp District of San Diego.

The client originally planned to demolish an existing two- story structure on the site and build a new multi-story hotel in its place. However, one of the existing building façade walls was found to be historic, which required the project to be redesigned to incorporate the historic façade.

As part of the architectural team, ISA prepared Historic American Building Survey (HABS) documentation of the building. ISA also provided design and construction documents for the rehabilitation of the two-story façade per the Secretary of the Interior’s Standards. Under the construction phase, ISA prepared a Treatment Plan in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, which included measures for protecting the historic resource during construction-related activities.
11 RFQ #4367 On-Call Professional Architectural Services, Fullerton, CA Sikes Adobe Historic Farmstead – Historic Reconstruction - San Diego, CA Client: San Dieguito River Park; Year Completed: 2010
Description: The history of the Zenas Sikes Adobe
Farmhouse, 1870 to 1872, is a microcosm of the events
that occurred in the settling of the West – a time when settlers rapidly displaced the Native American residents from the valleys where they had lived for thousands of
years. The Sikes family is representative of the earliest American ranchers and farmers who settled in California following statehood.

The comprehensive project scope involved a Historic Structure Report expanded to include an Archaeological Investigation, Interpretive Plan, a Cultural Landscape Analysis and a series of Master Plans for the current site context and evolution to a future on-site visitors’ center. The report phase was followed by architectural services to provide seismic stabilization and restoration construction documents. San Dieguito River Park has overseen a multi-year effort to restore and reconstruct the farmhouse and integrate the resource as a dynamic element within the park. The Park authority oversaw the development of an award-winning historic restoration completed in 2004.

Disaster preparedness was an unforeseen benefit of the comprehensive documentation.

Unfortunately, this resource was heavily damaged due to the 2007 Witch Creek Wildfire. The thorough documentation from 2004 enabled the restoration and reconstruction of the rural resource after a near total loss. The restoration of the adobe and reconstruction of the wooden portions of the resource were completed in 2010. The reconstruction includes carefully detailed fire resistive measures. Hidden under the wood shingle roofing and wooden siding is noncombustible sheathing.

Peter C. Peters House, Historic Preservation Work Plan, Colton, CA Client: SWCA; Year Completed: 2020
Description: IS Architecture was contracted to review, provide updates to, and create a mothballing and monitoring plan, for the Historic Preservation Work Plan for the Peter C. Peters House. The Peter C.

Peters House was constructed in 1875 and is individually eligible for listing on the National Register of Historic Places (NRHP), the California Register of
Historical Resources (CRHR), and for local designation in the City of Colton under Criteria A/1/1 for its association with the early agricultural development of the region;
and under Criteria C/3/4 as an increasingly rare property type as a National-Folk type vernacular home. A rear
adobe wing is also present. On-site, ISA conducted a
thorough investigation; examining physical remains for
evidence of construction sequencing, examining for and
identifying appropriate material treatment plans, and
identifying character-defining features. The findings were documented in a cover letter and incorporated in the existing draft report. These findings included an updated building chronology, along with two new report sections that covered appropriate approaches for mothballing and monitoring the structure. The combined reports will be of assistance to the owner and the City of Colton for the future oversight of the rare and significant building. 12 RFQ #4367 On-Call Professional Architectural Services, Fullerton, CA Fort Rosecrans National Cemetery Superintendent’s Lodge, Historic Structure Report San Diego, CA. Owner: U.S. Army Corps of Engineers; Year Completed: 2022 (expected) Fort Rosecrans became a National Cemetery in 1934. Two years later, a one-story lodge at the Cemetery was completed. The lodge, which was built in the Spanish Colonial Revival style, was constructed of hollow terra cotta tile and stucco with a concrete foundation. A Historic Structure Assessment
Report on the lodge was produced in 2011. IS
Architecture was contracted to provide a Historic
Structure Report (HSR) as an update to an earlier
report. The purpose of the update was to assess the
current condition of the lodge and its site relative to its documented condition 9 years ago and to provide
updated treatment recommendations.

Based on the current HSR, the intended treatment of
the exterior is preservation of character-defining features, maintenance, and minor restoration. The interior will be maintained as offices with preservation of character-defining features and possible reversal of non-sympathetic treatments, materials and finishes. The report included a Prioritized Maintenance Deficiency Table that places in priority order those building features with the highest level of maintenance deficiency based on the 2020 updated condition assessment.

City of Riverside – Riverside African American Civil Rights Context Statement - Riverside, CA Client: City of Riverside; Year Completed: 2022 (expected) Under an On-Call Professional Services contract with the City of Riverside, IS Architecture is serving as the Historic Preservation Specialist in the development of an African American Civil Rights Historic Context Statement. The study is funded through a National Park Service grant. The Civil Rights Movement was a national transformation that
impacted communities throughout America. In the Civil
Rights Movement, Riverside had a distinct local agenda that included a campaign to end job discrimination, fight for fair housing, and desegregate schools. This context statement offers opportunities for Riverside to identify themes of the era, educate the public, and evaluate historic resources. Phase 2 of this study seeks out built environment resources within the Riverside community and ties them to the thematic contexts created in Phase 1.

North Island Building 14 – Historic Building Rehabilitation Consulting - Naval Fleet Weather Center - National Register Naval Air Station North Island (NASNI), Coronado
Owner: NAVFAC Southwest; Year Completed: 2012
North Island Building 14, built as a Naval Hospital in 1918, is located on the grounds of Naval Air Station North Island (NASNI). Built in a Spanish revival style, the structure is composed of numerous sprawling hospital “wings.” NASNI is part of the Naval Base, which is listed on the National 13 RFQ #4367 On-Call Professional Architectural Services, Fullerton, CA Register of Historic Places, with 23 contributing buildings and three contributing structures, including Building 14. The proposed use for Building 14 was to house the Naval Fleet Weather Center. The interior remodel and exterior rehabilitation had to comply with federally mandated Anti-Terrorism / Force Protection (ATFP) requirements. Meeting these requirements proved challenging, but IS Architecture worked with the design-build team to develop creative solutions to keep the historic exterior fabric extant.

Historic Resource Assessment and Monitoring for SDG&E Undergrounding, San Diego Client: City of San Diego; Year Completed: 2013
IS Architecture, as the Principal Investigator (PI) Architectural Historian for this City of San Diego infrastructure project, provided Cultural Resource monitoring and treatment recommendations for historic and potentially historic resources for the undergrounding of overhead utility lines and infrastructure. A sidewalk survey was completed, and recommendations provided in a Protective Measures and General Guidelines for Historic Resources Report. The firm evaluated and monitored for curbs, color and scoring pattern of sidewalks, widths and aprons of historic driveways, documentation of historic sidewalk stamps for mold/saw-cut/resetting, sidewalk corners, cobblestone retaining walls, and historic acorn lampposts. Work also included records searches, reviewing, and commenting on undergrounding plans, and coordination with City of San Diego Historic Resources Board (HRB) and Community Planning Groups. All work was performed in accordance with a CEQA Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the Formation of Underground Utility Districts-FY2009.

REFERENCES – Additional References Listed in Appendix
Project: San Ysidro Land Port of Entry
San Ysidro, CA
Project End Date: 2018
Client/Owner: General Services Administration (GSA)
Contact: Jane Lehman, Architect, GSA
50 United Nations Place · San Francisco, CA 94102
P: 415.522.3098; [email protected]
UCSD University House Rehabilitation
La Jolla, CA
Owner: U.C. Board of Regents
Project End Date: 2016
Contact: Barbara Anderson, AIA, Architect
UCSD Facilities Design & Construction
9500 Gilman Dr. · La Jolla, CA 92093
P: 858.534.4907; [email protected]
Project: Mission Beach Boardwalk Bulkhead Reconstruction San Diego, CA
Project End Date: 2016
Client/Owner: City of San Diego
Contact: Hiep N. Hoang, Resident Engineer, City of San Diego 9573 Chesapeake Drive · San Diego, CA 92123
P: 858.495.4713; [email protected]
14 B: TECHNICAL PROPOSAL

2. PROPOSED STAFFING AND ORGANIZATION

CITY OF FULLERTON
RFQ #4367

ON-CALL PROFESSIONAL

ARCHITECTURAL SERVICES
15 RFQ #4367 City of Fullerton, On-Call Professional Architectural Services, Fullerton, CA

2. Proposed Staffing and Organization
Lead Architect for the IS Architecture team is Ione R. Stiegler, FAIA, NCARB, Principal Architect and President of IS Architecture. Ms. Stiegler’s knowledge of the principles of architectural planning and design is widely known throughout the industry as demonstrated by accolades she has received from her peers. In recognition of her thorough knowledge of the architectural profession, Ms. Stiegler was elevated to the AIA College of Fellows in 2012. Two years later, she was honored by the American Institute of Architects California Council with a Distinguished Practice Award for her firm, IS Architecture.

Over the years, Ms. Stiegler has served as the Prime Principal Architect on numerous on-call contracts for municipal clients, giving her extensive, hands-on experience managing a contract such as this one.

For the City of Fullerton, she will work directly with your designated Project Manager to understand the requirements of each task order. She will then assemble the team she has determined will be best suited for your work, depending on the nature of the task order. She has a proven track record of success in managing public works projects.

One of her more notable, award-winning projects
was the rehabilitation design and construction of the
Audrey Geisel University House on the La Jolla
campus of the University of California, San Diego. The
structure is a 12,000 SF Pueblo Revival Residence
that was built c1951. The complex historic
rehabilitation involved coordinating ten
subconsultants, including structural, mechanical, and
electrical engineers; sensitivity to the Native
American Cemetery beneath the resource; and
working with an extensive community-based
Advisory Group. The complex project was completed
on time and on budget and has won several awards,
including the Governor’s Historic Preservation Award.

As requested, we have put together an organization
chart of our key personnel who form our team for
your contract. Following the organization chart are
one-page resumes for each person identified on the
chart. Information on the resumes shows the
education, experience, and applicable professional
credentials for each team member. This chart also
shows the lines of communication and reporting
channels for the team flowing between Ms. Stiegler
and the individual professional(s) assigned to the specific task. Each person we selected for your team is currently working on a current assignment but can be available for reassignment to tasks for the City of Fullerton. Length of time each person has been with the firm is included on the organization chart on the next page.

Statement: Key personnel will be available to the extent proposed for the duration of the project. No person designated as “key” to the contract shall be removed or replaced without the prior written concurrence of the City.

UCSD Audrey Geisel House – Before and After Historic
Rehabilitation – La Jolla, CA
16 IS Architecture Team for City of Fullerton
Kelsey Kaline MHA, MUP
IS Architecture - 4 Years
Historic Preservation
Specialist
D: O RGANIZATION CHART
City of Fullerton
Request for Qualifications (RF Q) No. 4367
On-Call Professional Architectural Services
On-Call Professional Architectural Services
Ione R. Stiegler, FAIA, NCARB
IS Architecture - 31 Years
Principal Architect
Main Point of Contact
Joseph M. Reid,
Associate AIA
IS Architecture - 21 Years
Sr. Historic Preservation
Specialist/Project Manager
Maryam Abhari,
D.Arch, AIA
IS Architecture - 2 Years
Historic Preservation
Architect
Craig J. Moya, Principal
Engineered Systems
Consulting Engineers
Mechanical Engineer
Russell Kehl, S.E.

Structural Focus
Structural Engineer
Zubin Patrawala, P.E.

Enginuity Consulting
Civil Engineer
Jay Helekar, ASPE
HL Construction Management
Chief Estimator
Garner Palenske, P.E.

Wiss, Janney, Elstner
Associates
Fire Protection Engineer
17 RFQ #4367 City of Fullerton On-Call Professional Architectural Services, Fullerton, CA Ione R. Stiegler, FAIA, NCARB
Principal Architect
Education
Tulane University
M. Architecture II – Historic Preservation, 1986
M. Architecture I, Tulane University, 1983
B. Architecture, Tulane University, 1983
Registration
CA Architect License No.: C19425
NV Architect License No.: 7839
NCARB No.: 289173
Public Agency Experience – partial list
City and County of Riverside
City of San Diego
County of San Diego
California Dept. of Parks and Recreation
Caltrans District 11
California High Speed Rail Authority
Caltrain
SANDAG
National Park Service
GSA
UCSD

Ione R. Stiegler, FAIA, NCARB, established IS

Ms. Stiegler’s experience includes agency coordination
for project implementation, as well as drafting
environmental documentation. This includes mitigation
and monitoring plans and historic resource technical
reports in compliance with local, state, and federal
regulations. She has a special expertise in the application of the Secretary of the Interior’s Standards for the
Treatment of Historic Properties and has completed
numerous projects implementing all four approved
treatments; Restoration, Preservation, Rehabilitation,
and Reconstruction. For this contract for On-Call
Professional Architectural Services for the City of
Fullerton, Ms. Stiegler will serve as the Principal
Architect and will be directly responsible for the
successful execution of each task order. She will
assemble a top-notch team of in-house staff and
subconsultants, if needed, and will commit the resources necessary to deliver your work in a timely, cost-effective manner. She will work on scope development,
overseeing planning and design construction document
coordination, as well as construction administration
services.

Relevant Projects – Partial List
• Historic Customs House Rehabilitation, San Ysidro
Land Port of Entry, CA. Interior remodel, historic
preservation rehabilitation, construction monitoring.

Client: General Services Administration (GSA).
• Georgia Street Bridge Historic Rehabilitation, San
Diego, CA. Prepared complete documentation to
support preferred alternative selection and CEQA
and NEPA requirements. Client: City of San Diego.
• Fullerton Community College Language Arts Bldg.,
Fullerton, CA. Provided historic preservation
architecture services to evaluate the appropriateness
of a new Language Arts Building for the school.

Project was included in a College Facilities Master
Plan Program for Fullerton Community College.
• Warner-Carrillo Adobe Ranch House & Barn,
Warner Springs, CA. Principal Architect responsible
for the Restoration and Seismic Stabilization of this
Ranch House and Barn originally built in 1849.

Client: Vista Irrigation District.
• Sikes Adobe Historic Farmstead – Second
Restoration and Historic Reconstruction, San Diego.

ISA’s thorough documentation of a Historic Structure
Report in 2002 and a Restoration in 2004, enabled
the firm to successfully do a second Restoration and
Reconstruction of this 1872 adobe farmhouse after it
was nearly destroyed by a wildfire.

Ione R. Stiegler, FAIA, NCARB, established IS
Architecture 31 years ago as an Architectural
studio specializing in Historic Preservation. It is
an award-winning firm dedicated to the
preservation and renewal of our built
environment.
18 RFQ #4367 City of Fullerton On-Call Professional Architectural Services, Fullerton, CA Joseph M. Reid, Associate AIA
Senior Architectural Designer
Areas of Expertise
Architectural Design
Historic Preservation Architecture
Intricate knowledge of City of San Diego and
California Historic Building Codes
Historic Preservation Planning and Treatment
Recommendations
Secretary of Interior Professional Qualification
Standards for Architectural History and History
(36 CFR Part 61)
Education
Bachelor of Architecture, Woodbury University
School of Architecture & Design, 2002
University of Southern California School of
Architecture Fundamentals of Historic
Preservation, 2012
Awards (partial list)
California Preservation Foundation Awards:
2014, 2005, 2003
OHP California Governor’s Historic Preservation
Award: 2015, 2012
American Public Works Association Historical
Restoration/Preservation Project of the Year:
2013

Joseph M. Reid, Associate AIA, is a Senior Architectural Designer and Project Manager. He has been with IS
Architecture (ISA) for 21 years and is an integral part of the ISA team. He provides the firm with his indelible,
functional design as well as his expertise in schematic design, design development, construction documentation, and construction administration for public works projects, custom residences, and historic buildings.

He is experienced in researching and implementing
national and local code requirements, and processing
projects through local governing agencies. Mr. Reid is
intimately familiar with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. His qualifications exceed the requirements established by the National Park Service for Architectural History and History, as published in the Code of Federal Regulations, 36 CFR Part 61.

Relevant Projects – Partial List
• UCSD Audrey Geisel University House
Historic Rehabilitation, ADA Compliance, and Seismic
Stabilization – La Jolla, CA
Historic preservation architecture for a 12,000 square
foot Pueblo Revival residence built in 1950-1951 of
unreinforced adobe. Mr. Reid coordinated the work of
10 subconsultants, worked with a community-based
Advisory Group, and assisted UCSD facilities’ staff in
the implementation of a Rehabilitation
Recommendation Report. Client: University of
California Board of Regents.
• Guy and Margaret Fleming House Historic Structure
Report and HABS - Torrey Pines State Natural Reserve
San Diego, CA
Historic preservation architecture to record the physical history, evolution, and condition of the 1927 Fleming
House and to identify historic property treatments for
the structure and finishes. Client: California State Parks. • Warner-Carrillo Adobe Ranch and Barn
Warner Springs, CA.

Historic preservation architecture for the historic
restoration of this National Register Landmark Ranch
House built in the mid to late 1800s. Project included archaeology and seismic stabilization. Client: Vista
Irrigation District.
• House Rehabilitation - Chapman University, Orange CA
Architectural design for the rehabilitation of three circa 1909 single-story historic bungalows in Orange, CA, that are owned by Chapman University. Project involved
interior and exterior modifications to the properties.

Managed team of subconsultants.
19 RFQ# 4367 City of Fullerton On-Call Professional Architectural Services, Fullerton, CA Kelsey Kaline, MHA, MUP
Historic Preservation Specialist
Areas of Expertise
Historic Preservation Architecture
Historic Resource Surveys
Historic Context Statements
Cultural Landscape Reports
Secretary of Interior Professional Qualification
Standards for History and Architectural History
(36 CFR Part 61)
Education
Master of Urban Planning, University of Southern
California
Master of Heritage Conservation, University of
Southern California
B.A. Sustainable Community Development,
Vanderbilt University
Fellowships
Research Fellow: The White House
Historical Association, 2018
Cultural Landscape Fellow: The Cultural
Landscape Foundation, 2019
Continuing Education
UCSD-CEQA Compliance Course, 2019
Kelsey Kaline, a Secretary of the Interior-qualified
Historic Preservation Specialist, has a special
expertise in archival, primary, and secondary
source research of projects. Her experience
includes CEQA/NEPA compliance and the
identification and preservation treatments for
Cultural Landscapes as well as Local, State, and
National Historic Nominations. Ms. Kaline’s work
experience also includes the development of
Historic Structure Reports, Determinations of
Eligibility, and Findings of Effect in addition to
Cultural Landscapes, Exhibit Curation, and
Cultural Interpretation.

Ms. Kaline is intimately familiar with the
Secretary of the Interior’s Standards (SOIS) for
the Treatment of Historic Properties. Her
qualifications exceed the requirements
established by the National Park Service for
History and Architectural History, as published in
the Code of Federal Regulations, 36 CFR.

Relevant Projects – Partial List
• Fort Rosecrans National Cemetery
Superintendent’s Lodge – Historic Structure
Report – San Diego, CA.

Architectural Historian on this project to
provide a Historic Structure Report for the
Lodge, a one-story structure built in 1936 in
the Spanish Colonial Revival Style. Client:

U.S. Army Corps of Engineers.
• Heroes Memorial Building and Veterans
Annex, Historic Structure Report and
Photographic Survey, Carson City, NV
Architectural Historian to provide State of
Nevada with a better understanding of the
condition of both buildings and to confirm
proposed construction costs for
implementing the recommended treatment
plans. Client: State of Nevada.
• City of Riverside African-American Civil
Rights Context Statement, Riverside, CA.

Historic Preservation Specialist to develop an
African-American Civil Rights Historic
Context Statement, a study funded through
a National Park Service Grant. Client: City of
Riverside.
20 RFP No. 2111Robinson House Demolition and Reconstruction – Architectural Design Services, Riverside, CA Profile
Maryam Abhari is a licensed architect and LEED-accredited professional with more than five years of professional
experience as an architectural and interior designer, project manager, and researcher. She takes a holistic approach to the practice of architecture and works toward developing responsible design solutions through the process of
exploring context, understanding needs, and empathizing with users.

Ms. Abhari’s experience includes working as an
architectural designer and researcher, developing a
portfolio with a focus on residential, commercial, and
historic preservation projects. From her experience both in Hawaii and in San Diego, she has gained a working
knowledge of the Secretary of the Interior’s Standards for the Treatment of Historic Properties, HABS Documentation, as well as National and Local Register of Historic Places.

Experience
Spanish Colonial Revival Residence Rehabilitation and
Addition, San Diego, CA
This project involved the rehabilitation of a historic one- story residence built in the Spanish Colonial Revival style in 1926. Scope also included an addition to the structure. All work was completed following the Secretary of the
Interior’s Standards while providing the necessary upgrades requested by the owner.

Honouliuli National Monument, Japanese American
Confinement Site – HABS Documentation, Construction
Documents and Exhibit - Kunia, Hawaii
Historic Preservation Architect on a National Park Service project to preserve the last two remaining buildings of a World War II internment camp that existed in Hawaii
between 1941 and 1945.

Honolulu Authority for Rapid Transportation (HART),
Professional Consulting Services, Historic Context Studies, Honolulu - Project Owner: Honolulu Authority for Rapid
Transportation
This project involved documenting the historic properties that would be affected by a planned high-speed mass
transit rail line spanning 21 miles from the Ewa plains to downtown Honolulu. Scope of work involved creating up to thirty-seven (37) native files of nomination forms for the National Register of Historic Places (NRHP) and twenty- eight (28) native files of Historic American Building
Survey/Historic American Engineering Record (HABS/ HAER) reports.

Maryam Abhari, AIA, NCARB
LEED AP BD+C
Architect
Areas of Expertise
Architectural & Interior Design
Historic Preservation Architecture
Historic Resource Surveys
Green Design
Experiential Design
Secretary of Interior Professional
Qualification Standards for History and
Architectural History (36 CFR Part 61)
Education
University of Hawaii
Bachelor of Science - Computer Software
Engineering
Bachelor of Science - Interior Design
Registration:

Hawaii Architect License No.: 17736
NCARB No.: 89544
21 RFQ #4367 City of Fullerton On-Call Professional Architectural Services, Fullerton, CA Russell Kehl, SE Principal
Vice President of Operations
Senior Structural Engineer
Russell Kehl joined Structural Focus in 2001
after working for three years at another
structural engineering firm in Los Angeles. He
is a licensed California Structural Engineer
with over 20 years of experience in historic
preservation, retrofit of existing structures,
structural analysis, computer modeling,
seismic evaluation, and new structural design.

Some of his representative projects include
the Harada House, John Anson Ford
Amphitheater, Wilshire Boulevard Temple,
Rancho Los Alamitos Historic Ranch and
Gardens, various studio / media buildings,
several adaptive reuse projects, and
numerous renovations.

Education
• M.S. in Civil Engineering – The University of
Texas at Austin, 1998
• B.S. in Civil Engineering – New Mexico State
University, 1996
Licensing
• California – Structural Engineer, 2004 –
S4741
• California – Civil Engineer, 2000 -C60430
• Safety Assessment Program Disaster
Emergency Worker SAP10726
Professional Affiliations
• Structural Engineers Association of Southern
California
• American Society of Civil Engineers
• Structural Engineers Institute
Significant Projects
• City of Riverside Harada House – Historic
preservation/stabilization
• County of Los Angeles John Anson Ford
Amphitheatre – Renovation of historic
amphitheatre and new construction
• City of Long Beach - Rancho Los Alamitos
Historic Ranch and Gardens – Historic
preservation and new construction
• Riverside Metropolitan Museum – Seismic
retrofit
• City of Los Angeles Plaza Theatre – Feasibility
and concept study for historic restoration
• City of Los Angeles Union Station –
Renovation of historic building
• The Reserve – Adaptive reuse, creative office
space
• Microsoft at The Reserve – Adaptive reuse,
creative office space
• Sony Computer Entertainment America at
The Reserve – Adaptive reuse, creative office
space
• Sony Motion Capture Studios at The
Reserve – Adaptive reuse, creative office
space
• Fox Building 105 – New building,
creative office space, and editing /
screening facility
• TMZ at The Reserve – Adaptive reuse, creative
office space, and broadcast facility
• CNN Los Angeles Broadcast Facility – Tenant
improvement
• The Culver Studios Expansion – Five new
buildings and production facilities, plus two
parking structures
• Wilshire Boulevard Temple – Seismic
retrofit and historic preservation
22 RFQ #4367 City of Fullerton On-Call Professional Architectural Services, Fullerton, CA Jay Helekar, ASPE, LEED AP
Chief Estimator, Principal of
HL Construction Management
Jay Helekar has more than 25 years of
preconstruction cost estimating consulting
experience in the construction industry with
public sector projects. As founding principal of
HLCM, Jay oversees a premier estimating team
that has the fundamentals to drive successful
project delivery – experience, teamwork, and
communication. Jay is currently providing on-
call cost estimating services on a team serving
the City of Anaheim.

He has more than 10 years’ experience with IS
Architecture on public sector projects.

Relevant Projects – Partial List
• City of Anaheim
Convention Center and Fire Station
Number 12
• City of Newport Beach
Public Library and Lecture Hall
• City of Buena Park
Navigation Center and New Fire Station
Number 61
• City of Cypress
Cypress Police Department
• City of Orange
Corporate Yard
Zubin Patrawala, PE, LEED AP
Civil Engineer, Principal of Enginuity
Consulting
Zubin Patrawala has 20 years of experience in
the fields of civil engineering and land
development, spanning a wide array of
projects for public and private clients. Zubin
has worked with IS Architecture on several
projects over the past four years, overcoming
challenges with difficult terrain and sites,
stormwater management, local permitting,
and water quality. For City projects, he
provides evaluation of site specific grading
challenges for ADA, construction, and
stormwater drainage.

Relevant Projects – Partial List
• Avia La Jolla Phases 3 & 4
Provided civil design services for ground-
up construction of Senior Living medium
density facilities on a seven-acre site in
San Diego. Design, approvals, and
construction support.
• University of California, San Diego
Civil design for rerouting and
reconfiguration within the Hillcrest
Medical Campus for utility redesign and
construction.
• Genesee Plaza, City of San Diego
Renovation and new construction of
shopping center.
23 RFQ #4367 City of Fullerton On-Call Professional Architectural Services, Fullerton, CA Craig J. Moya, Principal
Engineered Systems Consulting Engineers
Project Mechanical Engineer
Mr. Moya has more than 30 years of
experience in all phases of mechanical systems
design and construction administration. He is
responsible for the preparation of project
contracts and makes site investigations,
prepares load calculations, conceptual and
final design, and oversees the preparation of
complete contract documents. He is prepared
to provide construction administration for the
mechanical side of the project, if needed.

Mr. Moya has led the effort in the design of
HVAC, electrical, and plumbing systems for
numerous Public Works projects. His
experience includes both new construction
and the repair and renovation of existing
buildings, including structures that have a
historical significance. Over the years, Mr.

Moya has provided MEP consulting services
to IS Architecture on public works projects,
including the Audrey Geisel University
House Adobe Restoration project and
Historic Structure Report. The IS
Architecture team and Engineered Systems
Consulting Engineers have worked together
for 10+ years.

For this project, Mr. Moya will conduct a site
visit to determine the size, location, and
condition of the existing mechanical,
plumbing, and electrical equipment, fixtures,
ductwork, piping, and utilities serving the
building.

Education
B.S. Mechanical Engineering
Arizona State University, 1983
Relevant Experience
Department of Homeland Security by
the General Services Administration
2050 N. Imperial Avenue, El Centro, CA
Mr. Moya provided mechanical, plumbing,
and electrical systems design services for the
conversion of a large department store into
offices for the Department of Homeland
Security.

City of San Diego - University Avenue
Fire Repair and Restoration
Engineered Systems provided mechanical,
plumbing, and electrical engineering services
for a bungalow owned by the City of San
Diego, which had been damaged by fire.

UCSD Audrey Geisel University House,
Rehabilitation - La Jolla, CA
Engineered Systems provided mechanical,
plumbing, and electrical systems design for
the renovation, remodel, and expansion of
the historic adobe residence on the campus
of the University of California, San Diego.

City of San Diego - Balboa Park
Cottages – San Diego, CA
Mr. Moya provided mechanical, plumbing,
and electrical system design for four new
duplex cottages and one single cottage at
Balboa Park for the City of San Diego.

Tecate Land Port of Entry Historic
Residence Restoration - General
Services Administration (GSA)
Mr. Moya is providing mechanical, plumbing,
and electrical system design for the
rehabilitation of two historic residences at
the border crossing.
24 RFQ #4367 City of Fullerton On-Call Professional Architectural Services, Fullerton, CA Garner A. Palenske, PE
Associate Principal
Fire Protection Engineer
Garner Palenske brings more than thirty-two
years of experience in the fire protection and
life safety consulting field. Many of his
projects during this time were assisting local
cites with plan review and code consulting.

Mr. Palenske’s experience includes building
and fire code analysis, performance-based
design, fire protection / detection system
design, fire modeling, fire testing, wildland fire
analysis, origin and cause, and other forensic
work. He is a former City of Fullerton resident
and proud Cal State Fullerton Alumni.

Mr. Palenske served as the San Diego Fire
Department’s Fire Protection Engineer from
1990-1994.

Education
• M.S. in Fire Protection Engineering,
California Polytechnic State University,
San Luis Obispo, 2019 with honors
B.S., Civil-Structural Engineering California
State University, Fullerton, 1986
• B.A., Business, California State University,
Fullerton, 1979
Practice Areas
• Fire Protection, Detection, and Alarm
Systems Design/Analysis
• Hazardous Materials Analysis
• Code Consulting
• Loss Investigation / Litigation Consulting
Licensing
• Fire Protection Engineer in:
-Arizona
-California
-New Mexico
-Nevada
-Utah
Professional Affiliations
• National Fire Protection Association
• Society of Fire Protection Engineers
Technical Committees
• National Fire Protection Association,
Standard 13 “Installation of Sprinkler
Systems”
Publications and Presentations (partial list)
• “Storage in the Presence of Horizontal
Barriers or Solid Shelves,” NFPA National
Conference, Las Vegas, NV, 2018
• “Obstructions and ESFR Sprinklers Phase 1,”
NFPA National Conference, Chicago, IL, 2015
City Agency Experience
• City Of Chino Hills, CA – Fire Protection and
code consulting, including plan review
• City of Encinitas, CA – Fire Protection and code
consulting, including plan review
• City of Temecula, CA- Fire Protection and code
consulting, including plan review
• California Division of State Architects – Fire
Protection and special projects including
studies such as : Risk Assessment of Public
School Fires
• City of Poway, CA- Fire Protection and code
consulting, including plan review
• City Redlands, CA- Fire Protection and code
consulting, including plan review
• City of Rancho Santa Fe-– Fire Protection and
code consulting, including plan review
25 B: TECHNICAL PROPOSAL

3. DETAILED WORK PLAN

CITY OF FULLERTON
RFQ #4367

ON-CALL PROFESSIONAL

ARCHITECTURAL SERVICES
26 RFQ #4367 City of Fullerton, On-Call Professional Architectural Services, Fullerton, CA City of Fullerton Sample Draft Work Plan
Typical work plan showing how we approach a typical building improvement / modification project. This is a Schedule of Tasks, Milestones, and Deliverables.

Task 1: Kick Off Meeting Week 1

1.Kic k Off meeting, held by video conference, review of the requirements of the project with the Owner and all interested parties.

2.Establish communicatio n protocols for the group. The project team will communicate via email, telephone, or in person throughout the project to ensure project schedule, budget, and deliverables are met.

Meeting: One video conference meeting with Owner interested parties to complete task is anticipated.

Deliverable(s): A finalized work plan, schedule, and executed agreement.

Task 2: Preliminary Design Week 2-4
Preliminary Design phase is the mobilization of the design process.

1. Research City of Fullerton zoning and regulatory codes and California Building codes.

2. Evaluate current condition of building to be renovated. Conduct onsite conditions assessment of the building, including as-built measurements and photographic documentation. Assess structural deficiencies, termite and wood rot damage, and electrical and mechanical system conditions.

3. As-built measurements will be used to draw and 3D model the existing project in the computer program Autodesk Revit.

Meeting: On-site field work at the property
Deliverable(s): As-built plans of the property
Task 3: Schematic Design Weeks 5-8 Develop Schematic Design plans for the improvement / modification project to meet the goals and needs of the City. Lead the design processes a dhering to City of Fullerton Standards and G
uidelines. Begin
consultation with the structural engineer to review the feasibility of the designs. a. Generate design concepts for the building, including required mechanical, electrical, and plumbing systems. Provide Schematic Design plans including floor plans, layouts, and elevations for the property.
b. Review for ADA accessibility.

Meetings: Two conference call/ video conference meetings with Owner to complete task is
anticipated. One week of City review of deliverables.

Deliverable(s): 50% Schematic Design Drawings
100% Schematic Design Drawings
Weeks 9-13Task 4: Design Development
Design Development Plans further refine the rehabilitation designs.

1.Drawings will include: Site Plan, Floor Plans, Sections, Interior and Exterior Elevations.

2. Initial selection of interior and exterior finish materials.

3. Identify and draw any significant preservation construction details. 27 RFQ #4367 City of Fullerton, On-Call Professional Architectural Services, Fullerton, CA

4. Coordination with structural, mechanical, plumbing, and electrical engineers.

5. Coordination with Specifications Writer.

6. Coordination with Title 24 Energy Consultant.

Meetings: Two conference call/ video conference meetings with Owner to complete task is anticipated. One week of City review of deliverables.

Deliverable(s): 75% Design Development Drawings
100% Design Development Drawings
Task 5: Construction and Bidding Documents Weeks 13-19
Construction Documents are the final plans and specifications sufficiently detailed to obtain a Building Permit, obtain competitive bids from contractors, and to construct the project. a.Preparation of architectural construction documents for the rehabilitation designs. Drawings include: site plan, demo
lition plan, construction floor plans, exterior elevations, building sections, interior elevations, door and window schedules, finish material schedules, pl umbing fixtures, appliances (where applicable), lighting and electrical fixture schedules, and construction details.

Final Structural Engineering Plans.
b.Final Specifications.
c.Final Title 24 Energy Calculations and Reports.

Meeting: Two c
onference calls/Go-To meetings with Owner to c omplete task are anticipated. One week of City review of deliverables.

Deliverable(s): 50% Construction and Bidding Documents and Draft Project Manual 100% Constr
uction and Bidding Documents and Final Project Manual
Task 6: Permit Processing at the City of Fullerton Weeks 19-22 Building Department Permit Pr
ocessing is a highly time variable phase. The amount of time spent processing the permit depends on the workload of the governing municipality. a. IS Architec
ture will submit completed plans to the City of Fullerton to obtain Building Permits. b. We and the other professional consultants will respond and answer promptly to all comments by the governing agencies.
c. Upon receiving comments from the City, we anticipate two weeks to address comments and then resubmit plans for re-review and permit issuance.

Deliverable(s): Permitted set of Building Plans for the building.

Task 7: Bidding and Negotiations TBD
Assist the City with bidding and negotiation processes for the building.

Task 8: Construction Administration Estimated 5-6 Months IS Architecture will provide qualified construction observers to review construction, including the analysis of building conditions discovered during construction, field testing, and use of proper materials and techniques.

We will notify the City when wo
rk is not in conformance with the construction documents. We will review shop drawing
s, samples, and special work for conformity with the design concept. We will review certificates of pa
yment and review change orders for the City’s approval. Lastly, we will conduct the final inspection and issue certificate of completion.

1.Periodic site visits, as needed, to observe construction during the 5-6 month construction period (maximum of 8 site visits)
28 RFQ #4367 On-Call Professional Architectural Services, Fullerton, CA Approach to Managing Resources & Quality, Budget and Schedule Control Quality Assurance
Quality Assurance at IS Architecture is shared by the project team and is a process that is integral to every project phase. Primary responsibility for planning, executing, coordinating, and reviewing project work will rest with the designated Project Manager with direct oversight from the Principal Architect. Our Quality Control and Assurance Program starts at the conceptual stage and continues through construction. When coordinating teams of subconsultants, IS Architecture follows a stringent process of following through and reviewing all communications and deliverables. This ensures the final work p roduc t retains the highest level of quality and remains consistent across all deliverables.

IS Architecture also has an excellent track record of completing projects on time. We have ample resources to accommodate challenging schedules. To ensure timely performance and schedule adherence, the team reviews contract requirements and breaks down work tasks into actionable steps with deadlines. Internal checks are completed weekly with the Principal Architect and Project Manager to ensure tasks stay on schedule and milestones are met.

IS Architecture has been praised by our clients for several attributes:

1. Consideration – our ability to work well and seamlessly with a number of different planning consultants, city staff, and stakeholders. IS Architecture listens, discerns, contemplates, and then advises our clients on the options available.

2. Neutrality – we have an open-minded approach to consider all options and make the best recommendations. Sometimes there is not one “right” answer and all options need to be studied and discussed prior to proceeding.

3. Creativity – IS Architecture and our subconsultants have received numerous design awards in recognition of our creativity. At the same time, we are recognized for our commitment to cost- effective solutions, knowing that cost-effectiveness goes hand-in-hand with creativity if a structure is to be built.

4. Commitment – we understand the inherent nature of a public engagement process, particularly with a municipal client such as the City of Fullerton. We have the commitment and ability to attend meetings, as required.

B: TECHNICAL PROPOSAL

4. FEE PROPOSAL

CITY OF FULLERTON
RFQ #4367

ON-CALL PROFESSIONAL

ARCHITECTURAL SERVICES
29 RFQ #4367 On-Call Professional Architectural Services, Fullerton, CA Fee Proposal for
City of Fullerton RFQ #4367 for
On-Call Professional Architectural Services
Submitted by:

IS Architecture
5645 La Jolla Boulevard
La Jolla, Ca 92037
Ione R. Stiegler, FAIA, NCARB
P: 858.456.8555, x101; [email protected]

IS ARCHITECTURE HOURLY RATE SCHEDULE
Position 2022 2023 2024
Principal Architect $225 $236 $248
Senior Architectural Designer $170 $178 $187
Historic Preservation Specialist $125 $131 $138
Project Architect $140 $147 $154
Senior Structural Engineer $225 $230 $235
Project MEP Engineer $190 $200 $210
Chief Estimator $135 $140 $145
Senior Civil Engineer $170 $170 $170
Senior Fire Protection Engineer $255 $255 $263
Note: The hourly rates listed above represent our team’s best offer. 30 RFQ #4367 On-Call Professional Architectural Services, Fullerton, CA Reimbursable Expenses
• Reimbursable expenses such as printed deliverables, reprographics, parking, outside services or fees will be billed at cost + 10%.
• Mileage will be billed at $.55/mile.
• Attendance at meetings will be billed at a flat rate for travel of $600 per person attending plus the negotiated per project meeting fees.

B: TECHNICAL PROPOSAL

5. APPENDICES
- PUBLIC SECTOR PROJECT AWARDS
-PROJECT REFERENCES LIST

CITY OF FULLERTON
RFQ #4367

ON-CALL PROFESSIONAL

ARCHITECTURAL SERVICES
32 5645 La Jolla Boulevard, La Jolla, California 92037 (v) 858-456-8555 www.isarchitecture.com 33 Public Sector Project Awards
2020
Engineering News-Record (ENR) California 2020 Best Regional Projects, Airport / Transit Best Project South: San Ysidro Land Port of Entry, San Ysidro, CA, Phase 2.

Design-Build Institute of America Western Pacific Region (DBIA WPR) 2020 DBIA WPR Regional Award of Distinction: San Ysidro Land Port of Entry, San Ysidro, CA, Phase 2.

American Society of Civil Engineers (ASCE) San Diego, 2020 Outstanding Project Award: Georgia Street Bridge Rehabilitation and Seismic Retrofit Project for the City of San Diego.

American Society of Civil Engineers (ASCE) San Diego, 2020 Outstanding Project Award for Historical Renovation:

Georgia Street Bridge Rehabilitation and Seismic Retrofit Project for the City of San Diego. 2017
American Public Works Association (APWA) Outstanding Award – Mission Beach Boardwalk Reconstruction American Council of Engineering Companies (ACEC) Engineering Excellence Award – Mission Beach Boardwalk Reconstruction
2016
American Institute of Architects San Diego: Divine Detail Award – Mission Beach Boardwalk Reconstruction California Preservation Foundation Award – Mission Beach Boardwalk Reconstruction National Association of Home Builders (NAHB) Best in American Living, Specialty Project, Silver Award – Wisteria Cottage and Balmer Annex Rehabilitation
2015
Governor’s Historic Preservation Award – UCSD Audrey Geisel University House Rehabilitation American Institute of Architects San Diego Merit Award – UCSD Audrey Geisel University House Rehabilitation Gold Nugget Award of Merit – Best Rehab Commercial/Industrial Project - Wisteria Cottage Save Our Heritage Organisation Award – UCSD Audrey Geisel University House Rehabilitation 2014
San Diego Orchid Award – Wisteria Cottage and Balmer Annex Rehabilitation California Preservation Foundation Award – UCSD Audrey Geisel University House Rehabilitation American Institute of Architects, California Council (AIACC) Distinguished Practice Award City of San Diego Historical Site Board Award of Excellence for Historic Preservation-Wisteria Cottage and Balmer Annex Rehabilitation
City of San Diego Historical Site Board Award of Excellence for Historic Preservation - San Diego Mission de Alcala Religious Education Building Rehabilitation
San Ysidro Land Port of Entry - San Ysidro, CA
5645 La Jolla Boulevard, La Jolla, California 92037 (v) 858-456-8555 www.isarchitecture.com 2 2013
American Institute of Architects San Diego Divine Detail Award – Warner-Carrillo Adobe Ranch House Restoration American Institute of Architects San Diego Award – Warner-Carrillo Adobe Ranch House Restoration California Preservation Foundation Award – Warner-Carrillo Adobe Ranch House Restoration American Public Works Association Historical Restoration/Preservation Project of the Year – Warner Carrillo Adobe Ranch House Restoration
2012
Governor’s Historic Preservation Award – Warner-Carrillo Adobe Ranch House Restoration California Preservation Foundation Award – Montanez Adobe Restoration 2011
Governor’s Historic Preservation Award – Sikes Adobe Farmhouse Restoration & Reconstruction Governor’s Historic Preservation Award – Cosmopolitan Hotel Restoration California Preservation Foundation Award – Sikes Adobe Farmhouse Restoration & Reconstruction California Preservation Foundation Award – Cosmopolitan Hotel Vertical Archaeology City of San Diego Historical Site Board Award of Excellence for Historic Preservation – Cosmopolitan Hotel Vertical Archaeology
City of San Diego Historical Site Board Award of Excellence for Historic Preservation – Sikes Adobe Farmhouse Restoration and Reconstruction
City of San Diego Historical Site Board Award of Excellence for Historic Preservation – Los Peñasquitos Adobe Wing C Restoration
Save Our Heritage Organisation People in Preservation Award, Sikes Adobe Farmhouse Restoration & Reconstruction
Save Our Heritage Organisation People in Preservation Award, Cosmopolitan Hotel Vertical Archaeology 2010
California State Parks, Director’s Mott Award – Cosmopolitan Hotel Old Town San Diego Chamber of Commerce Certificate of Excellence – Cosmopolitan Hotel American Institute of Architects San Diego Divine Detail Award – Montanez Adobe (earthen floor) 2009
California Preservation Foundation Award – Warner-Carrillo Ranch House Restoration Cosmopolitan Hotel Restoration, Old Town San Diego
34 5645 La Jolla Boulevard, La Jolla, California 92037 (v) 858-456-8555 www.isarchitecture.com 2005
California Preservation Foundation Award – Sikes Adobe Farmhouse Restoration 2004
City of San Diego Historical Site Board Award of Excellence for Historic Preservation – Uptown San Diego Historical Context Statement
Save Our Heritage Organisation Rural Preservation Award – Sikes Adobe Farmhouse Historic Structures Report
2003
California Preservation Foundation Award – Sikes Adobe Farmhouse Historic Structures Report 2002
Orchid Award – City of Escondido Historic Update Survey and Oral Interviews 1998
City of San Diego Historical Site Board Award of Excellence for Historic Preservation – City of San Diego Mid-City Historic Preservation Strategy
1997
California Preservation Foundation Award -Greater San Diego Mid-City Historic Preservation Strategy 1996
American Institute of Architects San Diego Award - Greater San Diego Mid-City Historic Preservation Strategy
City of San Diego Orchid Award - Greater San Diego Mid-City Historic Preservation Strategy Georgia Street Bridge Rehabilitation and Seismic Retrofit Project for the City of San Diego. 35 RFQ #4367 City of Fullerton, On-Call Professional Architectural Services, Fullerton, CA Reference List
Projects + References
UCSD University House Rehabilitation
Owner: U.C. Regents
Project
Description: Historic Rehabilitation of 12,000 SF
Pue
blo Revival residence built in 1950-1951. This National Register r
esource is used for events as well as for the living
quarters of the Chancellor of UCSD.

Services Provided:
• Building Condition Assessment
• Feasibility Study and Rehabilitation Recommendation
Report
• Preservation Plan, Maintenance & Operative Plan
• Architectural Rehabilitation, ADA Compliance, & Seismic Stabilization
• Application of the Secretary of the Interior Standards for Rehabilitation
Level of Difficulty: High
Contact Person:

Barbara Anderson, AIA, Architect
UCSD Facilities Design & Construction
9500 Gilman Dr. · La Jolla, CA 92093
P: 858.534.4907; [email protected]
San Ysidro Land Port of Entry Customs House
Rehabilitation
Owner: General Services Administration
Project Description: Historic Rehabilitation of 21,508 SF historic structure built in the 1039’s. Project included both northbound and southbound pedestrian processing as well as office space for what has been called the busiest land port of entry in the Western Hemisphere.

Services Provided:
• Historic Properties Protection Plan
• Architectural Rehabilitation and Addition
• Construction Monitoring
• Application of the Secretary of the Interior Standards for Rehabilitation
Level of Difficulty: High
Contact Person:

Jane Lehman, Architect, General Services Administration 50 United Nations Place · San Francisco, CA 94102
P: 415.522.3098; [email protected]
Coronado Gateway Project
Owner: City of Coronado
Project Description: The City of Coronado initiated an effort to have the toll plaza for the San Diego-Coronado Bay Bridge listed in the National Register of Historic Places.

The toll plaza, which was constructed in 1968 in the
Contemporary style, represents the last intact Caltrans toll bridge complex in the entire state.

Services Provided:
• Caltrans Historical Resources Evaluation Report (HRER) • Caltrans Historical Resources Compliance Report (HRCR) • Application of the Secretary of the Interior Standards for Rehabilitation
Level of Difficulty: High
Contact Person:

Kevin Hovey, Caltrans District 11 Project Manager
4060 Taylor Street · San Diego, CA 92110
P: 619.688.0240; [email protected]
Harada House Historic Rehabilitation Plan
Owner: City of Riverside
Project Description: In 2019, developed a Rehabilitation Plan and Cost Estimate for the Rehabilitation of the Historic Harada House in Riverside. The Plan includes logical stages of rehabilitation along with the projected costs of each stage of development.

Services Provided:
• Historic Rehabilitation Plan
• Cost Estimates for Rehabilitation
• Application of the Secretary of the Interior Standards for Rehabilitation
Level of Difficulty: Medium
Contact Person:

Lauren Bricker, Secretary Harada House Foundation
PO Box 2272
Riverside, CA 92517
P: 909.869.2704
Mission Beach Boardwalk Bulkhead Reconstruction
Owner: City of San Diego
Project Description: Provided historic preservation
and
construction monitoring services on this project to
reconstruct the Mission Beach Boardwalk, which was
constructed in 1925. The reconstruction of the National Register eligible resource involved partially reconstructing the seawall, boardwalk, and light standards to their historic appearance.

Services Provided:
• Historic Preservation Treatment Plan
• Historic Resources Technical Report (HRTR)
• Historic American Buildings Survey (HABS)
• Construction Monitoring
• Application of the Secretary of the Interior Standards for Reconstruction
Level of Difficulty: High
36 RFQ #4367 City of Fullerton, On-Call Professional Architectural Services, Fullerton, CA Contact Person:

Hiep N. Hoang, Resident Engineer, City of San Diego
9573 Chesapeake Drive · San Diego, CA 92123
P: 858.495.4713; [email protected]
AC Hotel – Historic Preservation Architecture
Owner: Briad Construction Services, LLC
Project Description: Project involved the design and
construction of this project. It included the architectural rehabilitation of the façade as well as the development of a Mitigation Monitoring and Reporting Program (MMRP) for
the construction phase.

Services Provided:
• Historic Preservation Treatment Plan
• Mitigation Monitoring and Reporting Program (MMRP)
• Construction Monitoring
• Application of the Secretary of the Interior Standards for Rehabilitation
Level of Difficulty: High
Contact Person:

Chuck Pagnotta, Sr. VP of Construction & Design
Briad Construction Services, LLC
78 Okner Parkway 5500 · Livingston, NJ 07039
P: 631.474.0009 x1000; [email protected]
Wisteria Cottage Rehabilitation
Owner: La Jolla Historical Society
Project Description: This historic resource was built in 1904 and remodeled in 1907 by architect Irving Gill. IS Architecture rehabilitated the structure in 2013 to include a museum, a gallery, and meeting spaces. IS Architecture served as the prime consultant for design and construction.

Services Provided:
• Historic Structures Report and HABS Documentation
• Architectural Rehabilitation, Adaptive Reuse, and ADA Compliance
• Application of the Secretary of the Interior Standards for Rehabilitation
Level of Difficulty: High
Contact Person:

Heath Fox, Executive Director (retired)
La Jolla Historical Society
7846 Eads Avenue · La Jolla, CA 92037
P: 858.459.5335; [email protected]
Acad
emy of Our Lady of Peace
Relocation of Two Historically Eligible Resources
Owner: City of San Diego
Project Description: IS Architecture prepared a Historic Preservation Treatment Plan for the City of San Diego in partial response to mitigation measures outlined in the Final Environmental Impact Report for these two residences. One of the residences was constructed in 1929 and the other in 1931. They both have the potential to be listed on the local historic register for being exemplary examples of Spanish Revival Style structures in San Diego.

Services Provided:
• Historic Preservation Treatment Plan
• Historic American Buildings Survey (HABS)
• Construction Monitoring
Level of Difficulty: High
Contact Person:

Nikki Lewis, P.E., LEED AP, CEM,
Senior Engineer: Facilities & In-House Design
Architectural, Engineering & Parks
Engineering & Capital Projects Dept., City of San Diego 525 B St., Suite 750 · San Diego, CA 92101
P: 619.533.6653; [email protected]
Warner-Carrillo Ranch House Restoration
Owner: Vista Irrigation District
Project Description: The Warner-Carrillo Ranch was built in 1849 and was designated as a National Historic Landmark in 1961, highlighting the structure’s importance in the country’s Westward expansion. IS Architecture provided drawings to restore the Ranch House to its condition during the period of historic significance in the mid to late 1800’s.

Services Provided:
• Historic Structure Report
• Historic American Buildings Survey (HABS)
• Construction Monitoring
• Application of the Secretary of the Interior Standards for Restoration
Level of Difficulty: High
Contact Person:

Roy Coox, Retired – (Former General Manager
Vista Irrigation District)
P: 760.207.2905; [email protected]
Riverside African American Civil Rights
Context Statement
Owner: City of Riverside
Project Description: Development of a historic context
statement and multiple property listing nomination for the City of Riverside.

Services Provided:
• Development of historic context themes
• Archive + Oral History Development
• Application of the National Historic Register criterion guidelines
• National Register Nomination for a Multiple Property
Listing
Level of Difficulty: High
Contact Person:

Scott Watson, Historic Preservation Planner, City of Riverside 3900 Main St. 3rd Floor
Riverside, CA 92522
P: 951.826.5371; [email protected]
37 RFQ #4367 City of Fullerton, On-Call Professional Architectural Services, Fullerton, CA San Diego-Coronado Bay Bridge
Suicide Deterrent Project
Owner: California Department of Transportation
Project Description: Design consulting and cultural analysis of the San Diego-Coronado Bay Bridge suicide deterrent
project. ISA serves as part of the cultural project design team and ensures that the Secretary of the Interior Standards for Rehabilitation are considered.

Services Provided:
• Development of a Historic Resource Evaluation Report
and Historic Property Survey Report
• Project alternatives consulting
• Application of the Secretary of the Interior Standards for Rehabilitation
• Development of a Finding of Effect
Level of Difficulty: Moderate
Contact Person:

Michelle Madigan, Architectural Historian
California Department of Transportation District 11
4050 Taylor St, San Diego, CA 92110
P: 619.688.0188; [email protected]
Local Register Nomination- Louis and Francis Stroud/
Thomas Shepherd House
Owner: Melanie Hastings
Project Description: Local listing of a Thomas Shepherd designed private residence in the Custom Ranch style.

Represented client with the City of San Diego, the Historic Resources Board, and construction for a residential remodel.

Services Provided:
• City of San Diego Nomination Report (HRRR)
• Archival research
• Resource documentation
• Representation at Historic Resources Board
• Architectural Remodel
• Application of the Secretary of the Interior Standards for Rehabilitation
Level of Difficulty: Moderate
Contact Person:

Melanie Hastings, Owner
211 Avenida Cortez, La Jolla, CA 92093
P: 951.440.3199; [email protected]
Heroes Memorial Building and Veterans Annex
Carson City, NV
Owner: State of Nevada
Project Description: IS Architecture provided a focused Historic Structure Report of these buildings constructed in 1922 and 1936, respectively. The purpose of the report is to provide the State of Nevada, which owns the buildings, with a better understanding of the condition of the buildings, possible floor plan improvements, seismic system
implementation strategies, as well as to confirm the
proposed construction costs.

Services Provided:
• Development of a focused Historic Structure Report
• HABS Documentation
• Application of the Secretary of the Interior Standards for Rehabilitation
• Development of extant character-defining features
master list (CDF)
• Building Condition Assessment
Level of Difficulty: Moderate
Contact Person:

Patrick Pusich, AIA, Principal
TSK Architects, Prime Consultant
Reno, NV
P: 775-298-3062; [email protected]
Lincoln Hall – Historic Structure Report
Reno, NV
Owner: State of Nevada
Project Description: IS Architecture provided a Historic Structure Report of this building constructed in 1896. The HSR included archival research, historical overview,
construction history, building and site evaluation, existing condition assessment, proposed work, and treatment
recommendations. strategies, as well as to confirm the
proposed construction costs.

Services Provided:
• Development of a Historic Structure Report
• Building condition assessment
• Application of the Secretary of the Interior Standards for Rehabilitation
Level of Difficulty: Moderate
Contact Person:

Patrick Pusich, AIA, Principal
TSK Architects, Prime Consultant
Reno, NV
P: 775-298-3062; [email protected]
Goldfield High School – Historic Structure Report
Goldfield, NV
Owner: State of Nevada
Project Description: IS Architecture provided a Historic Structure Report of this building constructed in 1907. The HSR included archival research, historical overview,
construction history, building and site evaluation, existing condition assessment, proposed work, and treatment
recommendations. strategies, as well as to confirm the
proposed construction costs. The HSR provides a base
recordation of the school and includes recommendations for further research and work on the structure.

Services Provided:
• Development of a Historic Structure Report Interior
• Development of a Historic Structure Report Exterior
• Building condition assessment
• Application of the Secretary of the Interior Standards for Rehabilitation
38 RFQ #4367 City of Fullerton, On-Call Professional Architectural Services, Fullerton, CA Level of Difficulty: Moderate
Contact Person:

Patrick Pusich, AIA, Principal
TSK Architects, Prime Consultant
Reno, NV
P: 775-298-3062; [email protected]
Elko County Courthouse – Historic
Rehabilitation Recommendations
Elko, NV
Owner: State of Nevada
Project Description: The Elko County Courthouse was
constructed in 1911 and is listed in the National Register of Historic Places. IS Architecture provided a Historic Structure Report and building condition assessment of the building to deliver recommendations for the historic rehabilitation of the courtroom, which was heavily damaged during a fire in 1941.

IS Architecture’s work included archival research, historical overview, construction history, existing condition
assessment, proposed work, and treatment
recommendations.

Services Provided:
• Development of a building condition assessment
• Application of the Secretary of the Interior Standards for Rehabilitation
Level of Difficulty: Moderate
Contact Person:

Patrick Pusich, AIA, Principal
TSK Architects, Prime Consultant - Reno, NV
P: 775-298-3062; [email protected]
Fort Rosecrans National Cemetery Superintendent’s
Lodge – Historic Structure Report
San Diego, CA
Owner: Fort Rosecrans National Cemetery
Project Description: Fort Rosecrans became a National
Cemetery in1934. Two years later, a one-story lodge at the Cemetery was completed. The lodge, which was built in the Spanish Colonial Revival style, was constructed of hollow terra cotta tile and stucco with a concrete foundation. A Historic Structure Assessment Report on the lodge was
produced in 2011. IS Architecture was contracted by prime consultant Page & Turnbull to provide a Historic Structure Report (HSR) as an update to the earlier report. The purpose of the update is to assess the current condition of the lodge and its site relative to its documented condition nine years ago and to provide updated treatment recommendations.

The report included a Prioritized Maintenance Deficiency Table that places in priority order those building features with the highest level of maintenance deficiency based on the 2020 updated condition assessment.

Services Provided:
• Development of a Historic Structure Report
• Application of the Secretary of the Interior Standards for Rehabilitation
Level of Difficulty: Moderate
Contact Person:

Ruth Todd, AIA, Principal
Page & Turnbull, Prime Consultant
P: 415.593.3234; [email protected]
Historic Resource Assessment and Monitoring for
SDG&E Undergrounding – San Diego, CA
Owner: City of San Diego
Project Description: IS Architecture, as the Principal Investigator (PI) Architectural Historian, provided Cultural Resource monitoring and treatment recommendations for
historic and potentially historic resources for the
undergrounding of overhead utility lines and infrastructure. A sidewalk survey was completed and recommendations
provided in a Protective Measures and General Guidelines for Historic Resources Report. The firm evaluated and monitored for curbs, color and scoring pattern of sidewalks, widths and aprons of historic driveways, documentation of historic sidewalk stamps for mold/saw-cut/resetting, and more. Work also included records searches, reviewing and commenting on undergrounding plans, and coordination with City of San Diego Historic Resources Board.

Services Provided:
• Development of a Historic Structure Report
• HABS Documentation
• Application of the Secretary of the Interior Standards for Rehabilitation
Level of Difficulty: Moderate
Contact Person:

Carrie Purcell, Senior Planner, City of San Diego
P: 619.533.5124; [email protected]
Peter C. Peters House – Historic Preservation Work
Plan – Agua Mansa Road, Colton, CA
Owner: City of Colton
Project Description: IS Architecture developed a mothballing and monitoring plan for the Historic Preservation Work Plan for this resource. Built in 1975, the structure is individually eligible for listing on the national, state, and local Historic Registers. The ISA team conducted a thorough on-site
investigation that included examining physical remains for evidence of construction sequencing; examining for and
identifying appropriate material treatment plans; and
identifying character-defining features. The reports will be used for the City of Colton in its future oversight of this resource.

Services Provided:
• Historic Resource Recommendation Report
• HABS Documentation
• Application of the Secretary of the Interior Standards for Rehabilitation
Level of Difficulty: Moderate
Contact Person:

Nelson White, M.S.H.P.

P:626.240.0587; [email protected]
39 B: TECHNICAL PROPOSAL

6. STATUS OF PAST AND PRESENT CONTRACTS FORM

CITY OF FULLERTON
RFQ #4367

ON-CALL PROFESSIONAL

ARCHITECTURAL SERVICES
40 SECTION VII

STATUS OF PAST AND PRESENT CONTRACT FORM
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. 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. If no contract ended in termination, settlement or litigation, a statement to that effect shall be made on this form. Each form must be signed by the firm’s confirming that the information provided is true and accurate. Firm is required to submit a copy of the completed form(s) as part o f the electronic proposal on the one (1) USB 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___
______________________
Name: ___________________________
Title:_____________________________
N/A
No contract ended in termination, settlement or litigation.

Ione R. Stiegler, FAIA
Principal Architect
____Dec. 17,_____ 2021__Date__ ______________
41 B: TECHNICAL PROPOSAL

7. EXCEPTIONS FORM

CITY OF FULLERTON
RFQ #4367

ON-CALL PROFESSIONAL

ARCHITECTURAL SERVICES
42 SECTION VIII

EXCEPTIONS FORM
___________________________________ __________
____________________________
___________________________________ __________
____________________________
___________________________________ __________
____________________________
___________________________________ __________
____________________________
If your company is taki ng 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
_____ E
xception taken to the sco pe of work or specifications _____ Exception taken to indemnification and insurance requirements _____ Excepti
on to proposed contract language
_____ Other
Please explain any of the checked items
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ PROPOSING FIRM__IS Architecture ____________________ DATE_Dec. 1 7, 2021________
BUSINESS ADDRESS__5645 La Jolla Boulevard, La Jolla, CA 92037__________________ SIGNATURE OF REPRESENTATIVE:_____________________________________________ BY:_
Ione R. Stiegler, FAIA_________________ TITLE: Principal Architect INSTRUCTION REGARDING SIGNATURE:

If proposer is an individual, state "Sole Owner"
afte
r signature. If 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 proposer is a corporation, signature must be by an authorized officer, so stated after "Title", and the names of the President and Secretary and their business addresses must be shown below:

X
ISA has no owned vehicles so we only have Non-Owned & Hired Auto Liability Coverage.

ISA's current limit for Professional Liability is $1,000,000 per Claim with a $2,000,000 Aggregate. If hired and required by the City, ISA will acquire insurance for $2,000,000 per Claim limit. 43 Professional On-Call Architectural 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
7/8/2022
License # 0525512(619) 668-2395 17625674Is Architecture5645 La Jolla BlvdLa Jolla, CA 920372235743460 A 2,000,000XX680-9G410791-22-423/15/20223/15/20231,000,0005,0002,000,0004,000,0004,000,000XHired & Non ownedHired & NOA1,000,000 B X72WECDQ02502/24/20222/24/20231,000,0001,000,0001,000,000CErrors & OmissionsAAAE100142-0310/8/2021Per Claim1,000,000CErrors & OmissionsAAAE100142-0310/8/202110/8/2022Aggregate2,000,000RE: All operations for the City of FullertonCity of Fullerton, its officers, employees and designated volunteers are included when required by written contract/agreement as additional insured for ongoing operations with primary non-contributory and waiver of subrogation language with respects to the general liability and waiver of subrogation with respects to the workers compensation, per forms attached.

City of Fullerton303 W. Commonwealth Ave.Fullerton, CA 92832 ISARCHI-01AHOLDREN
Teague Insurance Agency, Inc.4700 Spring St., #400La Mesa, CA 91942-0275Kimberliegh [email protected] Property Casualty Company of AmericaHartford Accident and Indemnity CompanyAspen American Insurance Company X10/8/2022
X XX
680-9G410791-22-47

COMMERCIAL GENERAL LIABILITY

3. The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:

We waive any right of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, done
under a "written contract requiring insurance" with
that person or organization. We waive this right
only where you have agreed to do so as part of
the "written contract requiring insurance" with
such person or organization signed by you
before, and in effect when, the "bodily injury" or
"property damage" occurs, or the "personal injury"
offense is committed.
68098410791-21-47

4. The following definition is added to the
DEFINITIONS Section:
"Written contract requiring insurance" means that
part of any written contract under which you are
required to include a person or organization as an
additional insured on this Coverage Part,
provided that the "bodily injury" and "property
damage" occurs and the "personal injury" is
caused by an offense committed:
a. After you have signed that written contract;
b. While that part of the written contract is in
effect; and
c. Before the end of the policy period.

Page 2 of 2 ends

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680-9G410791-22-47
/141 /142 /143 /144 /145 /146 /147 /146
/141 /142 /143 /144 /145 /146 /147 /146
Commercial General Liability
Issue Date: 01/28/2022
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