Laguna Hills City Council
May 14, 2024

WHEREAS, the City of Laguna Hills will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the American with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and
WHEREAS, the City of Laguna Hills must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement; and
WHEREAS, the City of Laguna Hills authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors; and WHEREAS, the City of Laguna Hills will provide a minimum of 20% in matching funds for the Phase XII Catch Debris Gate Project as required by the Orange County Comprehensive Transportation Funding Programs Guidelines.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA

HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The City Council of the City of Laguna Hills hereby authorizes the Public Works Director, as the official representative of the City of Laguna Hills to accept funds for the Environmental Cleanup, Tier 1 Grant Program for the Phase XII Catch Debris Gate Project.

SECTION 2. The City Council of the City of Laguna Hills agrees to fund its share of the project costs and any additional costs over the identified programmed amount.

PASSED, APPROVED, AND ADOPTED this 9th day of May 2023
____________________________________

JANINE HEFT, MAYOR
ATTEST:
_____________________________________

JENNIFER LEE, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2023-XX-XX-X adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 9th day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK
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ATTACHMENT
G. Project Drainage Areas, Priority Land Uses,
BMP Location & KMZ Files
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STORMWATER DRAINAGE FILTERED
KMZ File Name PLU Reason Drainage Acres
PLU 1 Commercial 7.22
PLU 2 Commercial 5.82
PLU 3 Arterial 3.10
PLU 4 Commercial 1.66
PLU 5 Commercial 30.50
PLU 6 Arterial 0.76
PLU 7 Arterial 7.46
PLU 8 HD Res 2.76
PLU 9 Commercial 1.94
PLU 10 Arterial 1.75
Total PLU Acres: 63.0
Project Cost Per PLU Acre: $3,970
KMZ File Name Land Use Drainage Acres
Non-PLU Residential 1 Residential 276
Non-PLU Residential 2 Residential 5.17
Non-PLU Residential 3 Residential 6.42
Non-PLU Residential 4 Residential 53.2
Non-PLU Residential 5 Residential 4.44
Total Non-PLU Acres: 345.2
Total Project Acres: 408.2
KMZ File Name Land Use Drainage Acres
ARS-CL Drain 1 Non-PLU Residential 5.17
ARS-CL Drain 2 Non-PLU Residential 6.42
ARS-CL Drain 3 Non-PLU Residential 18.8
ARS-CL Drain 4 Non-PLU Residential 23.6
ARS-CL Drain 5 Non-PLU Residential 8.46
ARS-CL Drain 6 Non-PLU Residential 4
ARS-CL Drain 7 Non-PLU Residential 11.3
ARS-CL Drain 8 Non-PLU Residential 6.78
ARS-CL Drain 9 PLU - Arterial 7.46
ARS-CL Drain 10 PLU - Commercial 1.66
ARS-CL Drain 11 PLU - Commercial 5.82
ARS-CL Drain 12 PLU - Arterial 3.1
ARS-CL Drain 13 PLU - Commercial 7.22
Total Acres: 109.8
PLU Acres: 25.3
Priority Land Use (PLU) Areas
Non-PLU Areas
ARS-CL Drainage
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KMZ FILES
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OVERVIEW MAP
KEY: Catch Basins for BMP Devices = Blue Circles
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PLU Areas
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ATTACHMENT
H. Vendor and Installer Qualifications
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CREDENTIALS & QUALIFICATIONS
Background & Experience
G2 Construction started operations in Orange County in 2001 with strong foundations in welding, concrete construction, shop fabrication, and field work. The company began designing, fabricating, and installing catch basin curb opening automatic retractable screens (ARS) and full-capture connector pipe screens (CPS) and other stormwater protection devices for Los Angeles County Department of Public Works (LACDPW) and southern California municipalities in 2002.

Since then, G2 has fabricated and installed tens of thousands of approved catch basin inserts and screen covers on hundreds of stormwater projects in the Orange County and Los Angeles area. G2 offers complete solutions by performing project evaluation and consultation on stormwater devices and then designing, fabricating, and installing highly effective devices to meet and exceed specifications.

G2’s General Credentials
• Orange County Public Works (OCPW) and OCTA M2 Environmental Cleanup Program approved storm water quality devices:
o CPS-Mod™ patented Full Capture System approved by State Waterboard. o GITS™ grated inlet trash screen Full Capture System approved by State Waterboard.
o ARS-CL™ patented automatic retractable screen.
• OCPW ranks G2 Construction as their #1 stormwater device provider (2020 RFP & 2014 RFP). Awarded Master Purchase Agreements covering 2015 - 2025. • Los Angeles County Dept. of Public Works & City of Los Angeles Bureau of Sanitation approved products: ARS-CL™& CPS-Mod™
• Association of Bay Area Governments (ABAG) Approved products (all) • California Contractor Licenses: A (General Contractor), C-8 (Concrete), C60 (Welding) • Orange County Local Small Businss (OCLSB) certified. [see Attached] • Disadvantaged Business Entity (DBE) certified. [see Attached] • Minority Business Entity (MBE) certified. [see Attached] • Small Business Entity (SBE) certified.
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G2 Construction is at the forefront of the stormwater device industry. G2 has designed and fabricated the most advanced stormwater protection devices to solve the needs of public agencies and private developers. Our advanced methodologies for fabrication and installation have made G2 the industry leader in providing custom-fitted stainless steel catch basin inserts and curb opening screen covers.

G2 has developed a high degree of technical expertise by incorporating all phases (evaluation, consulting, design, fabrication, installation, reporting) of stormwater projects, and learning from hundreds of installed projects over the years. We have become extremely familiar with all the procedures required for success.

Our depth of knowledge and technical experience has been the result of solving many dozens of challenges and constraints of projects over two decades. This includes, among many others, solving for all the various catch basin types and sizes and conditions that we face in the field.

We’ve learned something new from most projects and most clients. Our experiences with cities in Orange County and throughout southern California have been very good for many years.

Because many cities have developed an advanced knowledge of the industry and recognize quality and value, it makes G2’s work more effective, efficient, and valuable.

Fortunately, G2’s strong culture for project management helps us to organize projects effectively and manage diverse teams. This has enabled G2 to have a 100% rate of success for completing projects and within budget.

G2 provides its technical expertise and installation services throughout California and focuses on the Orange County and Los Angeles County regions.

Letters of Reference
G2’s customers provide additional insights into our qualifications. Attached are a few letters of our customer letters of recommendation.
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Packet Pg. 424 Attachment: Maintenance Services Agreement and Bid Documents (3511 : Maintenance Services Agreement with G2 Construction, Inc. for City of Mission Viejo
Public Works Department
200 Civic Center • Mission Viejo, California 92691 949/470-3056 http://www.cityofmissionviejo.org
Greg Raths
Mayor
Brian Goodell
Mayor Pro Tem
Wendy Bucknum
Council Member
Trish Kelley
Council Member
Edward Sachs
Council Member
February 11, 2020
OC Public Works / Procurement Services
601 North Ross Street
Santa Ana, CA 92701
Subject: Letter of Recommendation for G2 Construction, Inc.

To Whom It May Concern:

G2 Construction has installed their ARS-CL screens for the City on 6 projects between 2014 - 2020. Their 2020 project also included installing their CPS-Mod full capture screens. The City applied for and won grant funds for these projects from OCTA’s M2 Environmental Cleanup Program (Project X).

For each project, G2 provided a simple end-to-end solution that included field evaluations and measurements of catch basins, custom fabrication of devices, installation services, installation photos and support documentation. G2’s work has been on schedule and performed without any issues.

I am pleased to offer this letter of recommendation for G2 Construction. The City has found their trash and debris devices to be very effective, and their installation work to be of high quality. The company has been very professional and dependable in their interactions with the City. We look forward to working with G2 Construction on future projects.

If you have any questions, please contact me by telephone at 949-470-8419 or by e-mail at [email protected].

Sincerely,
Joe Ames, P.E.

Assistant City Engineer
City of Mission Viejo
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TECHNICAL REVIEW COMMENTS

Agency: Laguna Hills
Contact: Joe Ames, Public Works Director/City Engineer
Project: CPS-Mod & ARS-CL Screen Project, Phase XII
Upon review of this application and its contents, including attachments and supporting documents, the Orange County Transportation Authority (OCTA) has the following items that need to be clarified and/or addressed. Please provide requested information and/or responses to OCTA by the close of business on Friday, May 19, 2023.

Project Schedule
• City indicated project readiness within 4-8 months for Question 7; however, project completion date of 9/20/2024 is 12 months after OCTA Board approval. Please verify.

Detailed Project Estimate
• Please note, project management (PM)/construction management (CM) and final design combined costs cannot exceed 15 percent of total construction costs. If applicable, please submit a revised cost estimate to reflect the correct PM/CM and final design costs. • Please note, contingency cannot exceed 10 percent of total construction costs. If applicable, please submit a revised cost estimate to reflect the correct contingency cost.

Council Resolution
• Council resolution is listed as 5/9/23. Please provide signed council approval or revised resolution date.

Question 2
• Please provide separate KMZ of land use designations, or if that information is contained in the PLUs or Non-PLUs provided, please clarify the lookup for the numbering system. • Please provide KMZ of drainage area per BMP type.

Question 3
• Please provide methodology and data used to calculate the impervious fraction (0.85) on

• Please provide documentation for the average design flow rates (5.5 and 1.45 cfs) shown on Page 19 and the total design flow rates (413 cfs and 145 cfs) shown on Page 20. If the flow rate varies by type/size, please provide weighted calculations for the average and total design flowrates for the project.

Not applicable
Not applicable
Attached
Supporting documents attached.

Our apologies for the error. The completion date of September 20, 2024 is correct.

Attached KMZ 1
Attached KMZ 2
Supporting documents attached.

City of Laguna Hills response to Technical Review Comments.

May 19, 2023

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, AUTHORIZING AN
APPLICATION FOR FUNDS FOR THE MEASURE M2
ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM,

UNDER ORANGE COUNTY LOCAL TRANSPORTATION
ORDINANCE NO. 3 FOR THE PHASE XII CATCH BASIN

CPS-MOD & ARS-CL SCREEN PROJECT
The City Council of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:

WHEREAS, Orange County Local Transportation Ordinance No.3, dated July 24, 2006, and is known and cited as the Renewed Measure M Transportation Ordinance and lnvestment Plan makes funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation generated pollution (urban runoff) and improve overallwater quality; and WHEREAS, the Environmental Cleanup, Tier 1 Grant Program consists of funding purchases and installation to catch basins with Best Management practices, such as screens, filters, inserts, and other "street-scale" low flow diversion projects; and WHEREAS, OCTA has established the procedures and criteria for reviewing proposals; and
WHEREAS, the City of Laguna Hills possesses authority to nominate water quality improvement projects that have a transportation pollution nexus to finance and construct the proposed project; and
WHEREAS, by formal action the City of Laguna Hills authorizes the nomination of the Phase Xll Catch Basin CPS-Mod & ARS-CL Screen Project, including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the City of Laguna Hills to act in connection with the nomination and to provide such additional information as may be required; and WHEREAS, the City of Laguna Hills will maintain and operate the equipment acquired and installed; and
WHEREAS, the City of Laguna Hills will give OCTA's representatives access to and the right to examine all records, books, papers or documents related to the funded Tier 1 Grant Project; and
WHEREAS, the City of Laguna Hills will cause work on the project to be commenced within a reasonable time after receipt of notification from OCTA and that the project will be carried to completion with reasonable diligence; and

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WHEREAS, the City of Laguna Hills will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the American with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and
WHEREAS, the City of Laguna Hills must include all projects funded by Net Revenues in the seven-year Capital lmprovement Program as part of the Renewed Measure M Ordinance eligibility requirement; and
WHEREAS, the City of Laguna Hills authorizes a formal amendment to the seven-year Capital lmprovement Program to add projects approved for funding upon approvalfrom the Orange County Transportation Authority Board of Directors; and WHEREAS, the City of Laguna Hills will provide a minimum of 20% in matching funds for the Phase Xll Catch Basin CPS-Mod & ARS-CL Screen Project as required by the Orange County Comprehensive Transportation Funding Programs Guidelines.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA

HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The City Council of the City of Laguna Hills hereby authorizes the Public Works Director, as the official representative of the City of Laguna Hills to accept funds for the Environmental Cleanup, Tier 1 Grant Program for the Phase Xll Catch Basin CPS-Mod & ARS-CL Screen Project.

SECTION 2. The City Council of the City of Laguna Hills agrees to fund its share of the project costs and any additional costs over the identified programmed amount.

PASSED, APPROVED, AND 2023

EFT, MAYOR
ATTEST
D this

JEN LEE, CITY CLERK

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STATE OF CALIFORNTA )
COUNTY OF ORANGE ) ss
crTY oF LAGUNA HrLLS )
l, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2023-05-09-1 adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 9th day of May 2023, by the following vote:

AYES Council Members Caskey, Pezold, Sweeney, Mayor Pro Tempore Wheeler, and Mayor Heft
NOES None
ABSENT: None
ABSTAIN: None
(sEAL)

R LEE, CITY CLERK

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METHODOLOGY

IMPERVIOUS SURFACE
City of Laguna Hills
OCTA Project X 2023
The methodology used to calculate the impervious fraction (.85) for the City’s project, which was used in both Question 3 (Pollution Reduction Benefits) calculations, is as follows:

1. Drainage areas were created using GIS. For accuracy, drainage areas minimized open space areas.

2. Each drainage area was assigned a Land Use Category (see attached).

3. Each Land Use Category was assigned an Impervious Surface Coefficient. This fraction was based largely on the Office of Environmental Health Hazard Assessment’s (OEHHA) Impervious Surface Coefficients (ISC) Tool for Environmental Analysis. Adjustments were made to the fraction based on the specifics of the City’s project.

4. Impervious Acres were calculated for each drainage area by multiplying the Acres and the Imperviousness coefficient. Total Base Impervious Acres were summed.

5. Additional impervious acres were added, and Total Impervious Acres determined. Acres were added to ensure that the impervious fraction applied to the Pollutant Reduction Benefits was not too low. Note: Impervious Surfaces have a direct impact on the amount of storm water that will flow into a city's catch basins. As imperviousness increases, the volume of water flowing into catch basins also increases – thus increasing demand on the BMP’s capacity. Imperviousness is a key factor when calculating both the Fractional percent of 1-yr, 1-hr event peak flowrate treated by the BMP(s) and the Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP(s). It is critical that the Imperviousness percentage used in the calculations not be lower than reality. Using a lower than reality imperviousness may incorrectly indicate the BMP has 100% treatment capacity when it does not. Using an imperviousness percentage that is higher than reality will never overstate the BMP treatment capacity.

6. Total Imperious Acres is divided by the Total Acres to calculate the Impervious Surface factor used in the Pollutant Reduction Benefits calculations.

See attached data for the Laguna Hills project proposal.

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STORMWATER DRAINAGE FILTERED

IMPERVIOUSNESS
KMZ File Name PLU Reason Drainage Acres Imperv % Imperv Acres PLU 1 Commercial 7.22 88% 6.4
PLU 2 Commercial 5.82 88% 5.1
PLU 3 Arterial 3.10 100% 3.1
PLU 4 Commercial 1.66 88% 1.5
PLU 5 Commercial 30.50 88% 26.8
PLU 6 Arterial 0.76 100% 0.8
PLU 7 Arterial 7.46 100% 7.5
PLU 8 HD Res 2.76 78% 2.2
PLU 9 Commercial 1.94 88% 1.7
PLU 10 Arterial 1.75 100% 1.8
Non-PLU Residential 1 Residential 276 75% 207.0
Non-PLU Residential 2 Residential 5.17 75% 3.9
Non-PLU Residential 3 Residential 6.42 75% 4.8
Non-PLU Residential 4 Residential 53.2 75% 39.9
Non-PLU Residential 5 Residential 4.44 75% 3.3
Total Project Acres: 408.2
Impervious Acres (Base) 315.6
Added Impervious Acres 10% 31.6
TOTAL IMPERVIOUS ACRES 347.2
IMPERVIOUS SURFACE 85%

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Project Proposal: OCTA 2023 ECP Project X Tier 1
Full Capture System Devices
Device Quantity Proj Device
SQFT Avg. Total SQFT Design Flow Rate Max
CPS-Mod 6.0 23 4.75 109.25 6.12
CPS-Mod 9.0 50 7.25 362.5 9.34
CPS-Mod 11.0 2 11 22 14.17
TOTALS 75 493.75
Weighted Average CFS (with 0% screen blockage) 8.48
Average Device 6.58 SQFT Filtered
Max Avg Device 8.48 CFS Filtered
Screen Blockage 35% (Max. anticipated blockage between CB Cleanings) (conservative option)
DESIGN FLOWRATE 5.51 CFS FILTERED (avg)
TOTAL DESIGN 413.5 CFS FILTERED
Curb-Opening Screens
Device Quantity Device Linear
Feet Total SQFT
ARS-CL Screens 100 3.5 350
TOTALS 100 350
DESIGN FLOWRATE 1.45 CFS (avg)
TOTAL DESIGN 145.0 CFS
DESIGN FLOW CALCS for G2 DEVICES

CITY OF LAGUNA HILLS

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City Council/Planning Agency
Staff Report
DATE: May 14, 2024
TO: Mayor and Council Members
FROM: Larry Longenecker
Community Development Director
ISSUE: Periodic Review of Development Agreement (Ordinance No. 2022-1) Between the City of Laguna Hills and MGP Fund X Laguna Hills, LLC:

Village at Laguna Hills Mixed-Use Project
RECOMMENDATION: That the City Council: 1) Receive and file a report demonstrating the Property Owner's good faith compliance with the terms and conditions of the Development Agreement; and 2) Find and determine that MGP Fund X Laguna Hills, LLC has complied in good faith with the terms and conditions of the Development Agreement for the period of April 22, 2022, through April 21, 2024.

SUMMARY:

Effective April 22, 2022, the City entered into a Development Agreement with MGP Fund X Laguna Hills, LLC pertaining to redevelopment of the former Laguna Hills Mall site with the Village at Laguna Hills mixed-use project. The Village at Laguna Hills Project comprises a mix of land uses, including residential, retail, hotel, and office uses, with a centrally located village park, parking facilities, landscape, public improvements, and other infrastructure. The Project is more specifically described herein.

The Development Agreement addresses, amongst other things, the timing of construction of the Project and timing for payment of Public Art In-lieu, Public Park Inlieu, Community Benefit, and various other fees. The Municipal Code and the Development Agreement each provide the City Council to periodically review the Owner’s good faith compliance with the terms of the Development Agreement. To support the City’s determination, the Property Owner has provided a description of the activities it has undertaken to comply with the Agreement. These activities are

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Village at Laguna Hills Development Agreement Compliance Report May 14, 2024

described in Attachment A, which includes a list of fees paid to the City during the reporting period, totaling $5,117,666.

Staff has reviewed the list of activities identified in the compliance letter and agrees that the Property Owner has complied in good faith with the Agreement. Additionally, staff has met recently with the Property Owner to ensure continued progress in implementing the Project.

AUTHORITY:

Section 9-84.060 (Periodic Review) of the Laguna Hills Municipal Code states:
“Each development agreement shall be reviewed annually by the City Council to determine compliance with provisions contained therein. A report of the findings of that review shall be made a part of the project record. Each developer or owner of land subject to a development agreement shall provide written data and report to the Community Development Director demonstrating compliance with the terms and conditions of the agreement.”
Section 18 of the Development Agreement (DA) also provides for the City’s periodic review, at least every 12 months, of the Owner’s good faith compliance with the terms and conditions of the DA. At the time of each review, the Property Owner is to submit evidence to the City’s Community Development Director demonstrating its good faith compliance with the terms and conditions of the DA. The City Council then determines whether or not the Property Owner has, for the period under review, complied in good faith with the terms and conditions of the DA. As stated in Section 18, failure to review the Owner’s compliance with the DA, as specified in Section 18 of the DA, shall not constitute a breach of the DA.

BACKGROUND:

In November 2019, MGP Fund X Laguna Hills, LLC, Property Owner of the 68-acre Laguna Hills Mall site, generally located east of Avenida de la Carlota and south of El Toro Road, in the Urban Village Specific Plan area, filed zoning applications requesting land use entitlement approvals for the Village at Laguna Hills mixed-use project (the “Project”). The Project was a request to modify the Five Lagunas mixed-use project approved for the mall site in 2016.

On March 8, 2022, the City Council and Planning Agency adopted Resolution No.

PA2022-03-08-2 approving Site Development Permit/ Master Sign Program/ Conditional

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Village at Laguna Hills Development Agreement Compliance Report May 14, 2024

Use Permit/ Vesting Tentative Tract Map/ Development Agreement/ Precise Plan for the Village at Laguna Hills Project, subject to specified conditions of approval. The approved Project consists of the following development:

A. Up to 250,000 square feet of retail space;
B. Up to 465,000 square feet of office space;
C. Two parking structures to serve the office uses;
D. A hotel containing between 100 to 150 rooms;
E. Up to five residential buildings containing up to 1,500 multiple family residential units, 200 of which will be affordable units;
F. Construction of park and open space improvements within an approximately 2.6- acre Village Park;
G. Construction of associated public improvements, parking facilities, streets, pedestrian pathways, and other infrastructure.

On March 22, 2022, the City Council adopted Ordinance No. 2022-1 approving a Development Agreement between the City and MGP Fund X Laguna Hills, LLC pertaining to the Project (the "Development Agreement"), which Development Agreement became effective on April 22, 2022 (the Development Agreement Date), and was recorded in the Official Records, Orange County Clerk-Recorder's Office on April 25, 2022, as Document No. 2022000155625.

The Development Agreement contains specific provisions regarding the timing of construction of the Project and public improvements, and timing for payment of various fees identified in the Development Agreement, including Public Art In-lieu, Public Park In-lieu, Community Benefit, and other fees. The Development Agreement includes two primary phases of development. Phase 1, to be completed within seven (7) years from the Development Agreement Date, includes the following development: the Village Park; at least 140,000 square feet of retail space; an Upscale quality hotel; at least two (2), but no more than four (4) residential buildings; up to 465,000 square feet of office space within up to four (4) office buildings and associated parking structures; and associated parking and other facilities, public improvements, and other infrastructure.

Phase 2 of the Development Agreement, to be completed within 15 years from the Development Agreement Date, or 20 years if the terms of an automatic 5-year extension provision are met, includes the remaining development to complete the entire Project, as described above and as stipulated in the Development Agreement. The various milestones within the Development Agreement, including payment of fees,

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submission of applications, and construction completion, is summarized in Exhibit D of the Development Agreement (Attachment B).

DISCUSSION:

This Development Agreement compliance report covers the first two years of the Development Agreement, from April 22, 2022 through April 21, 2024.

Summary of Fees Submitted
All fees due to the City during the first two years of the Development Agreement have been submitted within the timeframes specified in the Development Agreement, for a total of $5,117,666 submitted to the City during the review period, as summarized in Table 1, below.

Table 1 – Fees Submitted This Review Period*
Fee Type DA Reference Due Date Amount
Annual Administration Fee 10.7 7/01/2022 $20,000
Public Art In-lieu 10.4.2 7/21/2022 $350,000
Park In-lieu 10.3.3(A) 7/21/2022 $2,000,000
Community Benefit 10.5.1(A) 7/21/2022 $1,113,533
Annual Administration Fee 10.7 7/01/2023 $20,600
Community Benefit 10.5.1(C) 4/22/2023 $500,000
Community Benefit 10.5.2(B) 7/21/2023 $1,113,533
TOTAL $5,117,666
*The 2nd anniversary Community Benefit Fee, due 4/22/2024, was paid to the City on 4/17/2024 and will be reflected in next year’s DA compliance report.

Summary of Application/Permit Activity
In accordance with Section 5.4.1(A) of the Development Agreement, within 18 months of the Development Agreement Date, the Property Owner submitted a complete application for a Final Map for those parcels on which the Phase 1 development is to occur. The mapping process included approval of two ministerial lot line adjustments (LLA), including LLA 0003-2022 for four the (4) residential building sites, recorded on February 23, 2023, and LLA 0004-2022, for the hotel site, recorded on April 24, 2023.

Final Tract Map No. 19265, which incorporates parcels previously modified through

4.9 Packet Pg. 449
Village at Laguna Hills Development Agreement Compliance Report May 14, 2024

LLAs, includes all parcels necessary to accommodate Phase 1 development. The final map was initially submitted to the City on December 7, 2022, in compliance with Development Agreement timelines, and was approved on March 26, 2024, along with a Subdivision Improvement Agreement to guarantee timely completion of improvements on Avenida de la Carlota between El Toro Road and Plaza Lane.

The Property Owner is also processing grading plans with the City for the Retail District, Central Residential District, and Southern Residential District. These plans were initially submitted in late 2022 and early 2023. The grading plans, which are now substantially complete and approvable, would allow the Property Owner to create building pads for the buildings in the three Districts and commence construction of infrastructure, such as streets, sidewalks and parkways, and utilities including water, sewer, gas, and electrical improvements.

In addition, the Property Owner submitted public street improvement plans, in February 2023, for the segment of Avenida De La Carlota, between El Toro Road and Plaza Lane.

Improvements include relocating the sidewalk, creating a new parkway area, and squaring up the intersection of Carlota and Plaza Lane.

Demolition work is substantially complete and no project construction improvements have been completed during this reporting period.

Compliance Determination
The Property Owner submitted a letter (Attachment A) identifying activities, as described in this report, which the Property Owner believes demonstrates its good faith compliance with the terms of the Development Agreement. In addition, staff has reviewed the Development Agreement and Conditions of Approval and has determined that the Property Owner is currently in compliance with all applicable requirements. The information submitted by the owner in Attachment A provides sufficient information to determine that the owner has complied with the terms and conditions of the Development Agreement for this review period.

FISCAL IMPACT:

As summarized in this report, the property owner has submitted a total of $5,117,666 to the City during the review period.

4.9 Packet Pg. 450
Village at Laguna Hills Development Agreement Compliance Report May 14, 2024

ATTACHMENTS:
• Attachment A - Letter, MGP Fund X Laguna Hills
• Attachment B - DA Exhibit D, DA Milestones

4.9 Packet Pg. 451

4.9.a
Packet Pg. 452 Attachment: Attachment A - Letter, MGP Fund X Laguna Hills (3503 : Village at Laguna Hills Development Agreement Compliance Report)

4.9.a
Packet Pg. 453 Attachment: Attachment A - Letter, MGP Fund X Laguna Hills (3503 : Village at Laguna Hills Development Agreement Compliance Report)

4.9.a
Packet Pg. 454 Attachment: Attachment A - Letter, MGP Fund X Laguna Hills (3503 : Village at Laguna Hills Development Agreement Compliance Report)

4.9.a
Packet Pg. 455 Attachment: Attachment A - Letter, MGP Fund X Laguna Hills (3503 : Village at Laguna Hills Development Agreement Compliance Report)

4.9.a
Packet Pg. 456 Attachment: Attachment A - Letter, MGP Fund X Laguna Hills (3503 : Village at Laguna Hills Development Agreement Compliance Report) Exhibit D-1
155788992.17

EXHIBIT D

DEVELOPMENT AGREEMENT MILESTONES
Milestone Outside Date Nature of Obligation Subject to
Excusable
Delay?
Milestone One 90 Days From
Development Agreement
Date
Owner shall have submitted the
following Fees to the City:
 Public Art In-lieu Fee
Advance Payment of $350,000
(§10.4.2)
 1st Nonrefundable Public Park
In-lieu Fee Payment of
$2,000,000 (§10.3.3(A))1
 1st Nonrefundable Community
Benefit Fee Payment of
$1,113,533 (§10.5.1(A))
No
Milestone Two 15 Months from
Development Agreement
Date
Owner shall have submitted the
following Fees to the City:
 2nd Nonrefundable
Community Benefit Fee
Payment of $1,113,533
(§10.5.1(B))
No
Milestone Three 18 Months from
Development Agreement
Date
Owner shall have submitted a
complete application for a Final
Map for those parcels on which the
Village Park, the Hotel, Retail
Buildings containing at least one
hundred forty thousand (140,000)
square feet of space, and at least
two (2) Residential Buildings for
Phase One shall be Developed
(§5.4.1(A))
Yes

4.9.b
Packet Pg. 457 Attachment: Attachment B - DA Exhibit D, DA Milestones (3503 : Village at Laguna Hills Development Agreement Compliance Report) Exhibit D-2
155788992.17
Milestone Outside Date Nature of Obligation Subject to
Excusable
Delay?
Milestone Four 4 Years (48 Months) from
Development Agreement
Date
Owner shall have submitted the
following Fees to the City:
 2nd Nonrefundable Public Park
In-lieu Fee Payment of
$2,000,000 (§10.3.3(B))1
No
Milestone Five 4.5 Years (54 Months)
from Development
Agreement Date
Owner shall have submitted a
complete application for a building
permit for vertical construction of
at least one Phase One building
(§5.4.1(B))
Yes
Milestone Six 7 Years from Development
Agreement Date
Owner shall have Completed
Construction of all required Phase
One Components (§5.4.1(C))
___________________________
Owner shall have submitted the
following Fees to the City:
 3rd Nonrefundable Public Park
In-lieu Fee Payment of
$2,000,000 (§10.3.3(C))1
 Entire Remaining Balance, if
any, of $6,571,344 in
Nonrefundable Public Park Inlieu Fees attributable to first 804 residential units
(§10.3.3(D))1
 In the event Owner has not
Completed Construction of the
Hotel, an additional
Community Benefit Fee of
$500,000 (§10.5.2)
Yes
_____________
No

1 Owner’s obligation to make this nonrefundable guaranteed fee payment is not subject to Excusable Delay; however, Owner may defer payment of this fee during the pendency of Litigation Delay pursuant to Subsection 22.1.4 (Deferral of Payment of Public Park In-lieu Fees During Pendency of Litigation Delay) of the Development Agreement.

4.9.b
Packet Pg. 458 Attachment: Attachment B - DA Exhibit D, DA Milestones (3503 : Village at Laguna Hills Development Agreement Compliance Report) Exhibit D-3
155788992.17
Milestone Outside Date Nature of Obligation Subject to
Excusable
Delay?
Milestone
Seven
5 Years from Date of
City’s issuance of the final
certificate of occupancy
for the Retail Buildings
and Residential Buildings
required to Developed as
part of Phase One pursuant
to §§ 5.4.1(C) (ii), (iv), and
(v)
Owner shall have recorded a Final
Map approved by the City for
those parcels on which the Retail
Buildings and Residential
Buildings for Phase Two required
to be completed pursuant to
Section 5.4.2(B) shall be
Developed (§5.4.2(A))
_________________________
Owner shall have obtained
building permits for the vertical
construction of the required Retail
Buildings and Residential
Buildings for Phase Two
(§5.4.2(A))
Yes
_____________
Yes
Milestone Eight 15 Years from
Development Agreement
Date (End of Initial Term)
Owner shall have submitted the
following Fees to the City:
 Entire Remaining Balance, if
any, of $5,597,688 in
Nonrefundable Public Park Inlieu Fees attributable to the 805th residential unit through
the 1,162nd residential unit
(§10.3.3(E))
No

4.9.b
Packet Pg. 459 Attachment: Attachment B - DA Exhibit D, DA Milestones (3503 : Village at Laguna Hills Development Agreement Compliance Report) Exhibit D-4
155788992.17
Milestone Outside Date Nature of Obligation Subject to
Excusable
Delay?
Milestone Nine 20 Years from
Development Agreement
Date (End of Extended
Term)2
Owner shall have Completed
Construction of all required Phase
Two Components (§5.4.2(B))
____________________________
Owner shall have Commenced
Construction of any Retail
Building, Office Building, Parking
Structure, and/or Residential
Building it did not Develop as part
of Phase One or Phase Two but
that it intends to Develop in
Subsequent Phases (§5.4.3(D))
Yes
_____________
Yes
In addition to those Milestones identified in the above table, Owner is required pursuant to Section 10.5.1(C) to pay City Two Million Five Hundred Thousand Dollars ($2,500,000) in five (5) installments of Five Hundred Thousand Dollars ($500,000) each to be paid to City on the first, second, third, fourth, and fifth anniversaries of the Development Agreement Date. Owner is also required, pursuant to Section 10.5.7, to pay the City the sum of Two Million Dollars ($2,000,000) as a condition precedent to the issuance of building permits for Residential Building IV.

2 Pursuant to Section 2.2. of the Development Agreement, the initial 15-year Term shall be automatically extended for an additional five (5) years if, prior to expiration of the initial Term, Owner has Completed Construction of all required portions of Phase One of the Project set forth in Section 5.4.1(C) and has obtained building permits for the vertical construction of the required Retail Buildings and Residential Buildings for Phase Two set forth in Section

5.4.2(B). If the Term has not been extended 5 years pursuant to Section 2.2 of the Development Agreement, the obligations set forth in Milestone Nine must be completed by Milestone Eight.

4.9.b
Packet Pg. 460 Attachment: Attachment B - DA Exhibit D, DA Milestones (3503 : Village at Laguna Hills Development Agreement Compliance Report) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

May 14, 2024
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
Public Hearing on 2024 Weed, Rubbish, and Refuse Abatement RECOMMENDATION: That the City Council:
1) Conduct a Public Hearing, receive and consider all objections; and 2) Adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, issuing an abatement order and authorizing the Public Works Director to commence enforcing weed, rubbish, and refuse abatement against specified parcels of land."
SUMMARY:

This is the time and place scheduled for the first Public Hearing for the Annual Weed Abatement Program. The Public Works Department requests the City Council conduct the required Public Hearing, receive public testimony, and adopt a Resolution issuing an abatement order authorizing the Public Works Director to abate and remove all weeds, rubbish, refuse and/or dirt on specified parcels in the City of Laguna Hills.

BACKGROUND:

On April 9, 2024, the City Council adopted Resolution No. 2024-04-09-1, thereby commencing the Weed Abatement Program for 2024 in accordance with the requirements and procedures set forth in Government Code Section 39560 et seq. The objective of the Weed Abatement Program is to declare by Resolution as a public nuisance, and abate, all weeds growing upon the streets, sidewalks, or private property

6.1 Packet Pg. 461
Public Hearing on 2024 Weed, Rubbish, and Refuse Abatement May 14, 2024

in the City, and all rubbish, refuse and dirt upon parkways, sidewalks, or private property in the City as identified and described in the 2024 Weed Abatement List, as submitted on April 9, 2024, for health and safety purposes, for management of fire hazards, and to provide a reasonable degree of fire safety to both improved and unimproved properties.

Resolution No. 2024-04-09-1 commenced the 2024 Weed Abatement Program by declaring the weeds, rubbish, refuse, and/or dirt on parcels identified in the 2024 Weed Abatement List to be a public nuisance and authorized the City Clerk to send written notice of the proposed public nuisance abatement to all persons owning property identified and described in the 2024 Weed Abatement List and advising them to remove any and all weeds, rubbish, refuse, and/or dirt that, when dry, become a fire hazard.

On April 10, 2024, the City mailed the legally required notice to destroy weeds and remove rubbish, refuse, and/or dirt to all affected property owners identified on the 2024 Weed Abatement List. The notice provided that if the public nuisance is not abated and removed by the owners of the parcels of land, such nuisances will be abated and removed by City authorities in accordance with the abatement procedures set forth in Government Code Section 39560 et seq., in which case the cost of such removal shall be assessed upon the parcel of lands from which or in front of which such weeds, rubbish, refuse and/or dirt, are removed and that upon confirmation such cost will constitute a lien upon such parcel or lands until paid.

Pursuant to the April 10, 2024, mailed notice, affected property owners have been given until May 31, 2024, to abate and remove the weeds, rubbish, refuse and/or dirt on their property at their sole cost and expense. The notice further provided that the City Council will hear and consider all property owner objections and protests to the proposed public nuisance abatement as part of a Public Hearing process to have been conducted on May 14, 2024, at 7:00 p.m. or as soon thereafter as possible. As of the time of this writing, City staff has observed some property owners have begun to take steps to clear weeds on their properties.

The City Council is requested to open the Public Hearing, receive and consider public testimony, and adopt a Resolution allowing or overruling any objections, authorizing the Public Works Director to abate and remove the weeds, rubbish, refuse, and/or dirt on the parcels identified and described on the 2024 Weed Abatement List, and report in writing to the City Council on July 9, 2024, regarding the cost of abatement. Any objections by the property owners liable to be assessed for the costs of abatement will

6.1 Packet Pg. 462
Public Hearing on 2024 Weed, Rubbish, and Refuse Abatement May 14, 2024

be heard by the City Council on July 9, 2024. Pursuant to the State law, upon issuance of the abatement order through the adoption of the attached Resolution, the City Council acquires jurisdiction to proceed and perform the work of removal.

CEQA FINDINGS:

This project is not subject to the California Environmental Quality Act pursuant to Section 15301(h) (maintenance of existing landscaping, native growth and water supply reservoirs) and Section 15304(i) (fuel management activities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because the project involves the removal of weeds, rubbish and/or dirt in accordance with the requirements and procedures set forth in Government Code Section 39560 et seq.

FISCAL IMPACT:

The 2023-2024 fiscal year budget for the Annual Weed Abatement Program is $57,000.

Some of these costs may be recovered as an assessment upon the private parcels requiring abatement, if any. The majority of the expenditures relate to the annual weed abatement clearing of City-owned properties.

ATTACHMENTS:
• Proposed Resolution - Weed Abatement Order

6.1 Packet Pg. 463
577075.1
RESOLUTION NO. 2024-05-14-X

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, ISSUING AN ABATEMENT

ORDER AND AUTHORIZING THE PUBLIC WORKS

DIRECTOR TO COMMENCE ENFORCING WEED,

RUBBISH, AND REFUSE ABATEMENT AGAINST

SPECIFIED PARCELS OF LAND
WHEREAS, on April 9, 2024, the City Council adopted Resolution No. 2024-04-09-1, thereby commencing the Weed Abatement Program for 2024 in accordance with the requirements and procedures set forth in Government Code Section 39560 et seq.; the objective of the Weed Abatement Program is to declare by resolution as a public nuisance, and abate, all weeds growing upon the streets, sidewalks, or private property in the City, and all rubbish, refuse, and dirt upon parkways, sidewalks, or private property in the City, as identified and described in the 2024 Weed Abatement List, for health and safety purposes, for management of fire hazards, and to provide a reasonable degree of fire safety to both improved and unimproved properties; and WHEREAS, Resolution No. 2024-04-09-1 commenced the 2024 Weed Abatement Program by declaring the weeds, rubbish, refuse and/or dirt on specified parcels of land identified in the 2024 Weed Abatement List to be a public nuisance and authorized the City Clerk to send written notice of the proposed public nuisance abatement to all persons owning property identified and described in the 2024 Weed Abatement List and advising them to remove any and all weeds, rubbish, refuse and/or dirt that, when dry, become a fire hazard; and
WHEREAS, on April 10, 2024, the City mailed the legally required notice to destroy weeds and remove rubbish, refuse, and dirt; the notice provided that if the public nuisance is not abated and removed by the owners of the affected parcels of land by May 31, 2024, such nuisances will be abated and removed by City authorities in accordance with the abatement procedures set forth in Government Code §39560 et seq., in which case the cost of such removal shall be assessed upon the parcel of lands from which or in front of which such weeds, rubbish, refuse, and/or dirt are removed and that upon confirmation such cost will be constitute a lien upon such parcel or lands until paid; and
WHEREAS, the legally required mailed notice sent to the affected property owners provided that the City Council will hear and consider all property owner objections and protests to the proposed public nuisance abatement as part of a Public Hearing process conducted on May 14, 2024 and
WHEREAS, during the May 14, 2024, Public Hearing, the City Council heard and considered all objections and protests presented by property owners and other interested parties to the proposed public nuisance abatement and removal of all weeds, rubbish, refuse, and/or dirt on specified parcels identified and described in the 2024 Weed Abatement List.

6.1.a
Packet Pg. 464 Attachment: Proposed Resolution - Weed Abatement Order (3504 : Public Hearing on 2024 Weed, Rubbish, and Refuse Abatement) Resolution No. 2024-05-14-X

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA

HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. After hearing all objections and protests during the Public Hearing, the City Council hereby determines not to allow any objections.

SECTION 2. Pursuant to Government Code Section 39560 et seq., the City Council hereby issues an abatement order and authorizes the Public Works Director to abate and remove by use of City authorities all weeds, rubbish, refuse, and/or dirt on specified parcels as identified and described in the 2024 Weed Abatement List.

SECTION 3. By adoption of this Resolution, the City Council hereby acquires jurisdiction to proceed and perform the work of weed, rubbish, refuse, and/or dirt removal on specified parcels, pursuant to Government Code Section 39569.

SECTION 4. It is the intention of the City Council to assess the amount of the City’s cost for the abatement of the public nuisances upon the specified parcels of land identified and described on the 2024 Weed Abatement List. Such assessments against the respective parcels of land shall constitute a lien.

SECTION 5. The Public Works Director shall keep an account of the cost of abatement on each separate parcel of land where removal work is performed and shall submit to the City Council for confirmation an itemized written report showing such abatement costs. Pursuant to Government Code section 39575, a copy of the report shall be posted for at least three (3) days prior to its submission to the City Council on or near the City Council Chamber doors, with a notice of the time of submission. Pursuant to Government Code section 39576, such report shall be submitted to the City Council on July 9, 2024, which date shall be fixed for receiving and considering the report and during such time the City Council shall hear it with any objections of the property owners liable to be assessed for the abatement.

SECTION 6. The decision of the City Council to issue this abatement order is final.

6.1.a
Packet Pg. 465 Attachment: Proposed Resolution - Weed Abatement Order (3504 : Public Hearing on 2024 Weed, Rubbish, and Refuse Abatement) Resolution No. 2024-05-14-X

PASSED, APPROVED, AND ADOPTED this 14th day of May 2024. ____________________________________

DAVID WHEELER, MAYOR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2024-05-14-X adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 14th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

6.1.a
Packet Pg. 466 Attachment: Proposed Resolution - Weed Abatement Order (3504 : Public Hearing on 2024 Weed, Rubbish, and Refuse Abatement) City of Laguna Hills
City Council/Planning Agency
Staff Report
DATE:

TO:

FROM:

ISSUE:

May 14, 2024
Mayor and Council Members
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
Award of Professional Services Agreements for Landscape Architectural Services, CIP No. 241, General Park Improvements
RECOMMENDATION: That the City Council:
1) Award a Professional Services Agreement to RJM Design Group, Inc., for Landscape Architectural Design Services for Cabot Park Rehabilitation Project in the total Maximum Contract Amount of $193,500;
2) Award a Professional Services Agreement to David Volz Design Landscape Architects, Inc., for Landscape Architectural Design Services for El Conejo Park and Mackenzie Park Rehabilitation Project in the total Maximum Contract Amount of $173,700;
3) Award a Professional Services Agreement to RJM Design Group, Inc., for Landscape Architectural Design Services for Veeh Ranch Park and San Remo Park Rehabilitation Project in the total Maximum Contract Amount of $285,390; and 4) Authorize the City Manager to sign the proposed Professional Services Agreements.

SUMMARY:

At the November 21, 2023 City Council meeting, City Council transferred all available Quimby Act Park In-Lieu funds to Capital Improvement Project No. 241, General Park Improvements. The Quimby Act Park In-Lieu funds must be spent by the City on developing new parks, or rehabilitating or enhancing existing parks or recreational

7.2.1 Packet Pg. 467
Award of Professional Services Agreements, CIP No. 241
May 14, 2024

facilities/recreational amenities, and must be committed within five years of receiving the funding. As part of the staff report, City staff wrote they evaluated the City’s 14 existing parks and chose five parks with the highest need for recreational facility rehabilitation and/or enhancements: Cabot Park, El Conejo Park, Mackenzie Park, San Remo Park, and Veeh Ranch Park. Subsequently, on January 29, 2024, City staff released Requests for Proposals (RFPs) to solicit proposals from design professionals and qualified firms for park design consulting services for the rehabilitation of the parks. On March 26, 2024, fourteen (14) firms submitted proposals for Cabot Park, thirteen (13) firms submitted proposals for El Conejo Park and Mackenzie Park, and thirteen (13) firms submitted proposals for San Remo Park and Veeh Ranch Park. The corresponding fee schedules were submitted in separate sealed envelopes. Staff evaluated all 40 proposals during April 2024. As a result of this formal competitive process, it is recommended that Professional Services Agreements (PSA’s) be awarded and entered into with the following landscape architectural firms for the following projects: 1) RJM Design Group, Inc., for Landscape Architectural Design Services for Cabot Park Rehabilitation Project in the total Maximum Contract Amount of $193,500; 2) David Volz Design Landscape Architects, Inc., for Landscape Architectural Design Services for El Conejo Park and Mackenzie Park Rehabilitation Project in the total Maximum Contract Amount of $173,700; and 3) RJM Design Group, Inc., for Landscape Architectural Design Services for Veeh Ranch Park and San Remo Park Rehabilitation Project in the total Maximum Contract Amount of $285,390.

BACKGROUND:

In the May and June 2023 City Council budget workshops, no new funding was appropriated by City Council to CIP No. 241, General Park Improvements. At the workshops, City Council expressed a desire for City staff to prioritize park improvements for future consideration in lieu of retaining a consultant to create a Parks Master Plan.

At the November 21, 2023 City Council meeting, City Council transferred all available Quimby Act Park In-Lieu funds to Capital Improvement Project No. 241, General Park Improvements. The Quimby Act Park In-Lieu funds must be spent by the City on developing new parks, or rehabilitating or enhancing existing parks or recreational facilities/recreational amenities, and must be committed within five years of receiving the funding. As part of the City staff report, City staff wrote they evaluated all 14 of the City’s parks and prioritized proposed park rehabilitation and/or enhancement improvements, primarily focusing on the condition of existing playgrounds as the metric for prioritizing park improvements. Of the 14 parks, City staff chose eight (8) parks as

7.2.1 Packet Pg. 468
Award of Professional Services Agreements, CIP No. 241
May 14, 2024

the ones with the highest need for improvements based upon the age and condition of the existing playgrounds, and provided estimated budgets and recommended minimum scopes of work at each park.

Five of the eight parks were determined to need playground structure replacements:

Cabot Park, El Conejo Park, Mackenzie Park, San Remo Park, and Veeh Ranch Park.

Three more parks were identified as needing rubberized play surfacing replacements in the future: Community Center/Dinosaur Park, Mandeville Park, and Mendocino Park.

As presented at the November 21, 2023 City Council meeting, the estimated budgets and scopes of work for the eight parks are included as an attachment to this report.

Subsequently, on January 29, 2024, City staff released three (3) Requests for Proposals (RFPs) to solicit proposals from design professionals and qualified firms for park design services for the rehabilitation of the five (5) highest priority parks as follows:
• Cabot Park
• El Conejo Park and Mackenzie Park
• San Remo Park and Veeh Ranch Park
City staff decided to group these parks, in part, to realize some operational efficiencies and based on similar sizes and budgets.

On March 26, 2024, fourteen (14) firms submitted proposals for Cabot Park, thirteen (13) firms submitted proposals for El Conejo Park and Mackenzie Park, and thirteen (13) firms submitted proposals for San Remo Park and Veeh Ranch Park. The corresponding fee schedules were submitted in separate sealed envelopes.

A list of firms that submitted proposals in response to each of the RFPs is attached.

City staff evaluated all 40 proposals during April 2024.

Pursuant to Laguna Hills Municipal Code (LHMC) Section 3-08.150 (Professional services contracts), the solicitation and award of professional services agreements are made utilizing the following selection process and criteria.

Section 3-08.150 reads in relevant part as follows:
"…[S]election by the city for professional services in areas including but not limited to

7.2.1 Packet Pg. 469
Award of Professional Services Agreements, CIP No. 241
May 14, 2024

private architectural, landscape architectural, engineering, environmental, land surveying, construction project management, management and administration, financial, accounting, auditing, actuarial, economics, and/or development and planning, which involve the exercise of discretion and independent judgment together with an advanced or specialized knowledge, expertise, training, or unique skills gained by formal studies or experience, shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required, and shall not be awarded solely on the basis of cost…. In accordance with state law, the city shall consider price after the city is satisfied that the would-be person, company, corporation, contractor, consultant, or firm has demonstrated the competence and professional qualifications necessary for the satisfactory performance of the services required.” (Emphasis added.)
As a result, the City utilized a qualifications-based selection process to identify professional firms that are best suited and most qualified to serve the City’s needs. The RFPs identified the following criteria for the selection of the professional consultants’ proposals:

1. Experience of the firm and the staff assigned to provide the requested services.

2. Demonstrated understanding of the service needs outlined in the RFP.

3. Successful delivery of similar services.

4. Location of firm and availability of staff to be assigned to projects.

5. Quality of references.

6. Content, quality, completeness and form of submitted proposal.

7. Interviews (optional).

8. Proposed cost of services (considered after selection of best qualified firms).

Based upon City staff’s evaluation of the proposals, it is recommended that Professional Services Agreements (PSAs) be awarded and entered into with the following landscape architectural design firms for the following park projects as follows:
• RJM Design Group, Inc., for Landscape Architectural Design Services for Cabot Park Rehabilitation Project in the total Maximum Contract Amount of $193,500;

7.2.1 Packet Pg. 470
Award of Professional Services Agreements, CIP No. 241
May 14, 2024

• David Volz Design Landscape Architects, Inc., for Landscape Architectural Design Services for El Conejo Park and Mackenzie Park Rehabilitation Project in the total Maximum Contract Amount of $173,700; and
• RJM Design Group, Inc., for Landscape Architectural Design Services for Veeh Ranch Park and San Remo Park Rehabilitation Project in the total Maximum Contract Amount of $285,390.

If the proposed contracts are awarded by City Council, as recommended, the next steps will be as follows:

Step 1: Proceed with Preliminary Design Plan Process
• Consultant proceeds with surveys of residents to gauge desired park recreational facility and/or amenity rehabilitation and enhancement improvements, meetings with City staff and any ad-hoc design committee established by City Council to verify needs, determine materials, and provide options for playground equipment.
• Consultant develops list of proposed park rehabilitation and enhancement improvements and ranks them according to available budget for review. • In consultation with City staff, consultant verifies the proposed park rehabilitation and enhancement improvements are considered eligible for funding by Quimby Act Park In-Lieu fees.
• In consultation with City staff, consultant develops three conceptual plan alternatives for each location for feedback that have “low,” “medium,” and “high” construction cost estimates. Consultant coordinates with playground manufacturer(s) to produce 3-D graphic of playground equipment.
• Parks & Recreation Commission recommends one of the three alternatives or provides feedback on the alternatives to City staff and consultant. • Further refinement of conceptual alternatives, if necessary. • City Council approves Parks & Recreation Commission recommended conceptual alternative or provides additional feedback to City staff and consultant. If necessary, return to City Council for further review.

7.2.1 Packet Pg. 471
Award of Professional Services Agreements, CIP No. 241
May 14, 2024

Step 2: Preparation of Final Plans & Specifications
• Consultant prepares final plans and specifications for review and approval by City staff and City Council, which includes:
o Comprehensive bid schedule sheets with units and quantities o Complete set of construction plans and associated details that include complete specifications for onsite amenities,
infrastructure/utilities, rubberized surfacing including performance standards, grading and drainage, landscape, signage, lighting, etc. o Final estimate of construction cost
Step 3: Bidding & Award of Construction Project
• City Council approves advertisement of plans and specifications for construction bidding.
• City staff advertises Notice(s) Inviting Bids.
• City Council awards public works construction contract to lowest, responsive, responsible bidder.

Step 4: Construction
• City staff and consultant supervise construction, verify adherence to design plans and specifications, respond to contractor requests for information, and any contract change order requests.
• Contract change orders, if needed, are processed.

Step 5: Project Close-Out
• Project punch lists completed.
• Project as-built drawings completed by design consultant and contractor. • Approval of Notice of Completion by City Council.
• Final retention payment to construction contractor.

Provided no unreasonable delays are caused by additional requests for design refinements, reviews, or other deviations of the above-listed process, steps 1 through 3 typically requires approximately 5-6 months to complete. Step 3 typically requires 2 months to complete. Steps 4 and 5 typically require 5 to 7 months to complete. The

7.2.1 Packet Pg. 472
Award of Professional Services Agreements, CIP No. 241
May 14, 2024

total time to complete each park project, if done concurrently, is approximately 12 to 14 months.

CEQA FINDINGS:

As a feasibility and planning study for use in connection with possible future action, approval of the proposed landscape architectural design consulting services agreements with David Volz Design Landscape Architects, Inc. and RJM Design Group, Inc., are statutorily exempt from the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.), pursuant to Section 15262 of the State CEQA Guidelines (14 Cal.Code Regs §15000 et seq.) CEQA exempts from its requirements “feasibility or planning studies for possible future actions which the agency, board, or commission has not yet approved, adopted, or funded." (CEQA Guidelines §15262.) Here, the purpose of the proposed professional services agreements is to obtain professional landscape architectural services needed to prepare concepts, plans, specifications and estimates for the proposed CIP No. 241, General Park Improvements (collectively, the "Improvements"). These concepts, plans, specifications, and estimates will aid the City: in determining whether to proceed with the Improvements; in determining whether the Improvements are exempt from CEQA review, or, if they are not, in identifying and disclosing the Improvements' potential environmental impacts (if any); and determining the costs of proceeding with the Improvements. The City has not yet entered into a public works contract for the construction of the Improvements. As a result, the proposed agreements fall within CEQA's statutory exemption for planning and feasibility studies. (CEQA Guidelines § 15162.)
FISCAL IMPACT:

CIP No. 241 (General Park Renovations) is active in fiscal year 2023/2024 and currently has an appropriated budget of $2,297,153.48, which includes $2,053,640.48 in Quimby Act Park In-Lieu fees, none of which have yet been encumbered. The recommended action to award PSAs to the consulting firms totaling $652,590 would leave an unencumbered balance of $1,644,563.48. Based upon the tentative budget presented as part of the November 21, 2023, City Council agenda report concerning CIP No. 241, the anticipated scope of construction work still requires at least $1,049,046.52 in unidentified funding to complete the anticipated scope of work for all eight parks.

7.2.1 Packet Pg. 473
Award of Professional Services Agreements, CIP No. 241
May 14, 2024

ATTACHMENTS:
• Prioritization, Budget, Scope of Work for Park Rehabilitation Improvements - November 21, 2023 City Council Meeting
• Park Improvements Location Map
• List of Firms Submitting Proposals
• Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) • Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks)
• Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks)

7.2.1 Packet Pg. 474
Park Project Ranking Sheet
Park Name Playground Conditio Rubber Replacement Priority 10%/90% Weighted Composite Score Beckenham 11 8 8.3
Cabot Park 3 8 7.5
Clarington 9 8 8.1
Community Center 10 6 6.4
Costeau Park 13 8 8.5
El Conejo 8 1 1.7
Knotty Pine Park 5 8 7.7
Mackenzie Park 2 3 2.9
Mandeville Park 12 6 6.6
Mendocino Park 6 5 5.1
San Remo 4 4 4
Santa Vittoria 7 8 7.9
Stockport 14 8 8.6
Veeh Ranch 1 2 1.9
Reorganized Priority by Composite Score
Park Name Score Estimated Total Budget Proposed Scope of Work El Conejo

1.7 $ 455,000.00
Remove zipline structure and install small 2-5 playground ($250k), keep existing 5- 12 playground structure and replace worn components ($125k), replace rubber surfacing ($80k).

Veeh Ranch 1.9 $ 500,000.00
Replace all playground equipment ($325k), replace light fixture standards throughout park ($125k), replace rubber surfacing ($50k).

Mackenzie Park

2.9 $ 360,000.00
Remove 5-12 playground and install two smaller playground units for ages 2-5 and 5-12 ($300k), replace rubber surfacing ($60k). Alternatively, replace with smaller individual structures ($175k).

San Remo

4.0 $ 510,000.00
Replace existing playground equipment ($350k), replace rubber surfacing ($60k), convert volleyball area to BBQ area at request of Laguna Terrace Association ($100k).

Mendocino Park

5.1 $ 215,000.00
Keep existing playground structures and replace worn components ($125k), replace rubber surfacing ($90k).

Community Center 6.4 $ 198,000.00 Replace rubberized surfaces only. No other proposed work.

Mandeville Park 6.6 $ 133,500.00 Replace rubberized surfaces only. No other proposed work.

Cabot Park

7.5 $ 417,000.00
Rubber OK here, but playground is in poor shape. Propose replacement of all rubber ($57k) and install new playground equipment ($350k).

Knotty Pine Park 7.7 No Proposed Work
Santa Vittoria Park 7.9 No Proposed Work
Clarington Park 8.1 No Proposed Work
Beckenham Park 8.3 No Proposed Work
Costeau Park 8.5 No Proposed Work
Stockport Park 8.6 No Proposed Work
Subtotal $ 2,788,500.00
$ 557,700.00
Total $ 3,346,200.00
Funding Sources
$ (2,053,640.48)
Existing CIP 241 Carryover Funds $ (243,513.00)
Total Available Funding $ (2,297,153.48)
Anticipated Funding Shortfall $ 1,049,046.52
Potential Future Transfer from General Fund Reserves
Design & Construction Management
Allowance (20%)
Quimby Act In-Lieu Funds Transfer to CIP
241

7.2.1.a
Packet Pg. 475 Attachment: Prioritization, Budget, Scope of Work for Park Rehabilitation Improvements - November 21, 2023 City Council Meeting (3521 :

CITY OF LAGUNA HILLS

CITY MAP
!" - 800'
0 1/H 1/8 1/4 1/2 WU:

7.2.1.b
Packet Pg. 476 Attachment: Park Improvements Location Map (3521 : Award of Professional Services Agreements, CIP No. 241) Cabot Park – Proposals Received
Albert A. Webb Associates
Brightview Design Group
David Volz Design Landscape Architects, Inc.

Hongjoo Kim Landscape Architects, Inc.

IDS Group, Inc.

Interwest Consulting
Moore Iacofano Goltsman, Inc. (MIG)
Nuvis Landscape Architecture
Placeworks
Richard Fisher Associates
RHA Landscape Architects-Planners, Inc.

RJM Design Group, Inc.

RRM Design Group, Inc.

Van Dyke Landscape Architects, Inc.

El Conejo and MacKenzie Parks – Proposals
Received
Albert A. Webb Associates
Brightview Design Group
David Volz Design Landscape Architects, Inc.

Hongjoo Kim Landscape Architects, Inc.

IDS Group, Inc.

Interwest Consulting
Moore Iacofano Goltsman, Inc. (MIG)
Nuvis Landscape Architecture
Placeworks
RHA Landscape Architects-Planners, Inc.

RJM Design Group, Inc.

RRM Design Group, Inc.

Van Dyke Landscape Architects, Inc.

San Remo and Veeh Ranch Parks – Proposals
Received
Albert A. Webb Associates
Brightview Design Group
David Volz Design Landscape Architects, Inc.

Hongjoo Kim Landscape Architects, Inc.

IDS Group, Inc.

Interwest Consulting
Moore Iacofano Goltsman, Inc. (MIG)
Nuvis Landscape Architecture
Placeworks
RHA Landscape Architects-Planners, Inc.

RJM Design Group, Inc.

RRM Design Group, Inc.

Van Dyke Landscape Architects, Inc.

7.2.1.c
Packet Pg. 477 Attachment: List of Firms Submitting Proposals (3521 : Award of Professional Services Agreements, CIP No. 241) 1836871.1
1 PROFESSIONAL SERVICES AGREEMENT
RJM Design Group, Inc.

Landscape Architectural Design Services for Cabot Park Rehabilitation Project THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective the 14th day of May 2024, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as “City”) and RJM DESIGN GROUP, INC., a California corporation (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has determined that there is a need to retain the professional services of a qualified landscape architectural design company to provide the City with park design consulting services for the renovation and rehabilitation of Cabot Park, which services include but are not limited to inventorying of existing park improvements, community outreach and community needs assessment, preliminary design, final design plans, and construction management and contract administration (the “Project”).

B. In response to City’s Request for Proposals (RFP), dated January 9, 2024, Consultant has submitted to City a proposal, dated March 11, 2024, to provide the City with professional landscape architectural design services for the Project pursuant to the terms of this Agreement.

C. Consultant represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, and technical expertise to provide the professional landscape architectural design consulting services to City for the Project and has agreed to provide such services as provided herein. City does not have the personnel, training, certification, specialized equipment, or technical expertise necessary to perform the work and services contracted for herein.

D. City desires to retain Consultant to provide such professional landscape architectural consulting services for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. SERVICES OF CONSULTANT

1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Consultant agrees to provide and perform the professional landscape architectural design consulting services for the Project as set forth in the

7.2.1.d
Packet Pg. 478 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
2 Proposal/Scope of Work, dated March 11, 2024, which is attached hereto as Exhibit “A” and is incorporated herein by reference (hereinafter referred to as the “Scope of Services,” the “Services” or “Work”). As a material inducement to the City entering into this Agreement, Consultant acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant’s Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such Services and Work and with the standards recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and warrants that it is skilled in the professional discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement.

Consultant represents and warrants that it and all of its employees, subconsultants and subcontractors providing any Work or Services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.

1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Consultant’s signed, original Proposal/Scope of Work dated March 11, 2024 (“Consultant’s Proposal”) submitted to City, and (3) the City Request for Proposals (RFP) for Professional Park Design Consulting Services for Cabot Park, dated January 29, 2024 (“City’s RFP”), which shall all be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal and City’s RFP are both attached hereto as Exhibit “A” and Exhibit “B”, respectively, and are each hereby incorporated by reference and made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties.

Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; (2nd) the terms, conditions, and Project scope of services and specifications set forth in the City’s RFP (Exhibit “B”); and, (3rd) the provisions of the Consultant’s Proposal (Exhibit “A”).

1.3 Compliance with Law. Consultant shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/OSHA requirements. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Work and Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Consultant performs any Work or Services in violation of such laws, rules, and regulations, Consultant shall be solely responsible for all penalties and costs arising therefrom. Consultant shall defend, indemnify, and hold City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.

7.2.1.d
Packet Pg. 479 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
3 1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder Consultant shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from and against any claim or liability arising out of any failure or alleged failure to obtain such license, permits, and approvals of whatever nature that are legally required to perform the Work or Services.

1.5 Familiarity with Work. By executing this Agreement, Consultant represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant represents and maintains that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.

1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Consultant's Proposal/Scope of Services (Exhibit “A”) or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating therein any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Consultant. It is expressly

7.2.1.d
Packet Pg. 480 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
4 understood by Consultant that the provisions of this section shall not apply to the Work and Services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Service identified in the Scope of Services exceeds any time or material amounts or estimates provided therein.

1.9 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Consultant further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services and Work rendered pursuant to this Agreement, Consultant shall be compensated by City for the services performed, including authorized reimbursements, in accordance with the professional hourly rates and charges set forth in the Schedule of Compensation/Fees, which is attached hereto as Exhibit “A” and is incorporated herein by reference, but not exceeding the total maximum contract amount One Hundred Ninety Three Thousand Five Hundred Dollars ($193,500.00) (hereinafter referred to as the "Maximum Contract Amount"). The method of compensation shall be as set forth in Exhibit “A”. The Maximum Contract Amount shall include the attendance of Consultant at all Project meetings deemed reasonably necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated pursuant to Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation/Fees. The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.

2.2. Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation/Fees (Exhibit “A”), in any month in which Consultant wishes to receive payment, no later than the tenth (10th) working day of such month, Consultant shall submit to the City, in a form approved by the City’s Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical.

2.3 Intentionally omitted.

2.4 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work

7.2.1.d
Packet Pg. 481 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
5 product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.

2.5 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance.

3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed, or on each task order, if applicable, and shall perform all Services within the time period(s) established in the Schedule of Performance, which is attached hereto as Exhibit “A” and is incorporated herein by reference.

When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.

3.4 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of three (3) years, commencing on May 14, 2024 and ending on June 30, 2027, unless extended by mutual written agreement of the Parties.

3.5 Task Orders. Consultant hereby agrees and acknowledges that any and all Services or Work performed pursuant to this Agreement shall be based upon the prior issuance

7.2.1.d
Packet Pg. 482 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
6 of a written project task order by the City. Furthermore, Consultant hereby agrees and acknowledges that execution of this Agreement by the City does not in any way guarantee that a task order will be issued to Consultant. Moreover, execution of this Agreement by the City shall not entitle Consultant to any form of payment or compensation from the City without City first having issued a project task order.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: Larry P. Ryan, Principal. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Work or Services performed hereunder.

The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City.

Consultant shall not contract with any other entity to perform the Services required without prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be

7.2.1.d
Packet Pg. 483 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
7 void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees or agents, shall not maintain a permanent office or fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s officers, employees, representatives or agents or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement as required by law and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

C. No City benefits shall be available to Consultant, its officers, employees, or agents, in connection with the performance of any Work or Services under this Agreement.

Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing any Work or Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, representatives, agents, or subconsultants or subcontractors, Consultant shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility & Indemnification.

A. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify,

7.2.1.d
Packet Pg. 484 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
8 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 the City.

B. 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 any Work or Services 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.

5. INSURANCE

5.1 Compliance with Insurance Requirements. Consultant shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section.

Consultant shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Consultant’s existing insurance policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.

5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Consultant shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

A. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations.

Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.

B. Automobile Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.

C. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all

7.2.1.d
Packet Pg. 485 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
9 other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.

D. Professional Liability (Errors & Omissions) Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, a policy of Professional Liability or Errors and Omissions Insurance appropriate to Consultant’s profession with limits of at least two million dollars ($2,000,000.00). Covered professional services shall specifically include all Work or Services to be performed under the Agreement and delete any exclusions that may potentially affect the Work or Services to be performed under this Agreement.

1. The policy shall be endorsed to provide the following: Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

2. If the policy of insurance is written on a “claims-made” basis, the City may require that the policy be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Work or Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing the Work or Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City.

3. In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Work or Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Work or Services under the terms of this Agreement.

5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the

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Packet Pg. 486 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
10 State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.

5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:

1. Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and

2. Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Consultant, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.

3. Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.

B. For all policies of Commercial General Liability Insurance, Consultant shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.

5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or selfinsured retention.

5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees,

7.2.1.d
Packet Pg. 487 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
11 agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Consultant hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Consultant hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Consultant shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Consultant shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.

5.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

5.10 Enforcement of Agreement (Non-Estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of any noncompliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.

5.11 Insurance for Subconsultants. Consultant shall either: (1) include all subconsultants or subcontractors engaged in any Work or Services for Consultant relating to this Agreement as additional named insureds under the Consultant’s insurance policies, or (2) Consultant shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and

7.2.1.d
Packet Pg. 488 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
12 volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Consultant’s subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Consultant shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.

5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Consultant pursuant to this Agreement:

A. Consultant shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.

B. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.

D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

E. Consultant agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant.

Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.

F. Consultant agrees to provide immediate written notice to City of any claim, demand or loss against Consultant arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.

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13 6. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officers, directors, employees, subcontractors, consultants or agents, in connection with Consultant’s performance under this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent that the Work or Services performed by Consultant are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the City, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of City.

7. REPORTS AND RECORDS

7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement.

For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

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Packet Pg. 490 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
14 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all of its subconsultants and subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.

7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall

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Packet Pg. 491 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
15 not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, Consultant reserves the right to terminate this Agreement at any time upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine.

8.4 Default of Consultant.

A. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.

B. If the City Manager, or City Manager’s designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.3.

C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section

8.4(B), take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein.

8.5 Waiver. 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. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and

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Packet Pg. 492 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
16 complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.

8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.8 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Consultant represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital

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Packet Pg. 493 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
17 status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement.

A. To the fullest extent permitted by law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the alleged negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:

To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600

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Packet Pg. 494 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
18 To Consultant: RJM Design Group, Inc.

Attention: Larry P. Ryan, Principal
31591 Camino Capistrano
San Juan Capistrano, California 92675
Telephone: (949) 493-2600
Email: [email protected]

10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof.

No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

10.6 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.

10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.

10.9 Prevailing Wages. The City has determined that the Work and Services under this Agreement requires work of labor categories which are subject to Prevailing Wage Laws identified in the State of California Labor Code. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of

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Packet Pg. 495 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
19 Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. Consultant understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:

10.9.1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.

10.9.2. Consultant shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.

10.9.3. Consultant agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at
(http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the Term of this Agreement.

10.9.4. Pursuant to California Labor Code Section 1771.4, Consultant’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).

10.9.5. Consultant shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

10.9.6. Consultant shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and

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Packet Pg. 496 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
20 further agrees that Consultant is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

10.9.7. Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and the Consultant and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Consultant shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)

10.9.8. Pursuant to California Labor Code Sections 1860 and 3700, Consultant will be required to secure the payment of compensation to its employees. By signing this Agreement, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”

10.9.9. Pursuant to California Labor Code Section 1771.1, Consultant and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Consultant shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.

10.10 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]

7.2.1.d
Packet Pg. 497 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
21 IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“CITY”
City of Laguna Hills,
a California municipal corporation
JARAD L. HILDENBRAND,
City Manager
ATTEST:
(SEAL)
JENNIFER LEE, City Clerk
APPROVED AS TO FORM:

GREGORY E. SIMONIAN,
City Attorney
“CONSULTANT”
RJM DESIGN GROUP, INC., a
California corporation
By:

LARRY P. RYAN,
President
By:

ZACHARY MUETING,
Secretary

7.2.1.d
Packet Pg. 498 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
FOR

PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN SERVICES FOR THE

CABOT PARK REHABILITATION PROJECT
DATED: MARCH 11, 2024

SCOPE OF SERVICES FOR PROJECT

INCLUDING,

SCHEDULE OF PERFORMANCE
AND

SCHEDULE OF COMPENSATION/ FEES

7.2.1.d
Packet Pg. 499 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP Professional Park Design Consulting Services
for Cabot Park
City of Laguna Hills
March 11, 2024

7.2.1.d
Packet Pg. 500 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP Table of Contents
Cover Letter | 1
Company Data | 2
Resumes and Qualifications of Personnel | 13
Organizational Chart | 15
References | 16
Project Understanding, Overview and Approach | 17
Communication Plan | 24
Non-Collusion Affidavit | 26
Certificate of Insurance | 27
Certification of Proposal | 28
Source: City of Laguna Hills Facilities Website

7.2.1.d
Packet Pg. 501 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park | 1 Cover Letter
31591 Camino Capistrano
San Juan Capistrano, CA 92675
www.RJMdesigngroup.com
(949) 493-2600 phone
(949) 493-2690 fax
March 11, 2024
Joe Ames
Public Works Director
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
RE: Request for Quote: Professional Park Design Consulting Services for Cabot Park Dear Joe Ames,
On behalf of RJM Design Group, Inc., we are pleased to submit this proposal for Professional Park Design Consulting Services for Cabot Park in the City of Laguna Hills. We are very excited about the oppurtunity to assist the city in the rehabilitation of not only Cabot Park, but El Conejo, Mackenzie, Veeh Ranch, and San Remo Parks with the impact these parks will have across the City of Laguna Hills community for decades to come.

This project requires a team with experience in park design and park renovation who will ultimately ensure that the City of Laguna Hills receives facilities that are well-designed and within budget.

With RJM’s extensive experience in park design and renovation, we have the skills and knowledge necessary to execute this project successfully. Our Work Plan is based upon the background information provided and defines a timely and efficient approach to addressing the project objectives. Our goal is to prepare a functional design that will inspire the community and provide unparalleled recreation opportunities for residents.

As one of the closest, if not the closest design consultants to Laguna Hills, we are in a unique position to not only be readily available and be close to the project site, but are also potential users of these facilites as residents from surroubnding communities. Our plan is to create a space that speaks to the City of Laguna Hills community and fortifies their decision to call Laguna Hills home.

Thank you providing us the exciting opportunity to present our team and methodology for your consideration. We would be honored to help the City of Laguna Hills bring this project to life. If you have any questions or comments after reviewing this proposal, please do not hesitate to contact us. Larry Ryan is authorized to contract on behalf of proposer, RJM Design Group, Inc.

Sincerely,
RJM Design Group, Inc.

Larry Ryan, LLA
Principal
[email protected]
(949) 493-2600

7.2.1.d
Packet Pg. 502 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 2 | City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park RJM Design Group, Inc.

California Corporation, SBE
37 Years (Since 1987)
(949) 493-2600
Larry P. Ryan — President, [email protected]
Zachary Mueting — Secretary, [email protected]
Larry Ryan — [email protected]
31591 Camino Capistrano, San Juan Capistrano, CA 92675
18 Personnel
(10) Licensed Landscape Architects, Project Managers
(5) Technical Support
(4) Administrative Support
(3) LEED Accredited Professionals
(2) Certified Arborists
(2) FAA Part 107 Licensed Pilots
Larry Ryan, Zachary Mueting, Robert Mueting
Firm Legal Name
Type of Entity
Number of Years in Business
Contact Information
List of Owners
Principal Contact
Office Location
Firm Size
Personnel
Individuals Who Own An
Interest of 10% or Greater
In This Firm
Established in 1987, RJM Design Group has evolved into a multi-disciplinary landscape architectural, planning, and design firm committed to serving the needs of cities, public agencies, and organizations throughout California. RJM is comprised of talented individuals with varied backgrounds and interests. Among these dynamic professionals are licensed landscape architects, designers, and planners, most of whom are LEED Accredited Professionals. Each person brings a unique, yet complementary experience and passion to the firm, who will be dedicated to the duration of the project as needed.

Company Data
RJM Office | San Juan Capistrano, CA

7.2.1.d
Packet Pg. 503 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park | 3 Company Data (continued)
WHY RJM?
RJM Design Group, Inc. has over 36 years of experience in park renovation and master planning.

Collectively, we have designed dozens of award-winning park renovations throughout California.

Our team brings the following specific expertise to the Design Services of Cabot Park.

Firm Stability
As a well-established design firm, RJM Design Group has maintained a financial status of strength and stability, with positive cash flow, ample financing capabilities, and long-term banking relationships. RJM Design Group, Inc. has never been involved in any bankruptcy or reorganization proceedings, and the firm is not subject to any pending litigation. No conditions exist that could impede the firm’s ability to complete this project. RJM Design Group, Inc. is not presently debarred, suspended, or otherwise prohibited from professional practice or working with any federal, state, local or public agency, and the firm is not subject to any pending actions.

The firm has never encountered financial difficulty in the completion of projects of any size. The firm has also had no Termination of Contract "For Cause" History by a Proposer.

Park Renovation Experience
RJM Design Group has extensive experience with park design and park renovation. Our process, from site analysis and evaluation through to construction administration, is always executed thoroughly and thoughtfully. Much of the work we have done with our clients involves renovation and redesign. To that end, RJM Design Group is well-prepared to evaluate existing site conditions, anticipate conflicts, and develop a new design that successfully fuses with existing infrastructure.

Additionally, our subconsultant team members are experts in their craft and will provide in-depth on-site analysis and redesign.

Seasoned Staff/Consistency
Noteworthy to our proposal, and unique when compared to other firms, is that RJM holds long term relationships with our internal staff and our subconsultants. Many of our senior staff members who pioneered the start of RJM are still with our company today. Our senior staff members come with decades of industry experience and are considered to be experts in their field of work. Similarly, we’ve established longevity with our subconsultants and have worked with many of them for over 20 years.

Project Budget & Schedule
At RJM Design Group, we pride ourselves on projects that are delivered on-time and within budget. We produce coordinated and detail-oriented plans and specifications in order to succeed in this public bid arena. The vast majority of our project experience is designing and building projects for the public sector. In turn, the majority of our clients are long term relationships that are the bi-product of our commitment to service and our proven record of performance. As such, we are extremely aware of the public bid process and proven methods for how to best deal with “low bid” public works contractors. We also are well-versed in developing accurate cost estimates that are based on our extensive library of current bid line items.

Community Prioritization & Engagement
RJM Design Group is dedicated to creating spaces that are community inspired, which is why we have developed a top-notch public engagement strategy for our clients. We will assist the City with the development of a communications plan with easy-to-deploy tools that enable a twoway dialogue with the community. Our goal is to bring the community together by providing a comprehensive community outreach process, while meeting client and budget needs, that maintains the vision and expectations for everyone.

Innovative Design
At RJM, we understand the importance of creating designs that are both innovative and flexible.

With trends in outdoor activities changing year over year, it is essential to incorporate flexible and multi-functional amenities into our designs. Not only does this keep a community engaged in an environment, but it also allows for easier conversion/transformation with minimal effort by the City and/or stakeholders. Our goal is to fuse innovative design with what the public wants, ultimately creating a space that can be enjoyed for years to come.

7.2.1.d
Packet Pg. 504 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 4 | City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park Cherry Park
Lake Forest, CA
Project Summary
As part of a massive overhaul of their existing park system, the City of Lake Forest elected RJM Design Group to redesign and renovate ten parks throughout the municipality. RJM kicked off the project by holding a series of community workshops to solicit ideas from residents for the desired amenities in their neighborhood parks.

RJM developed conceptual designs for the ten parks with the input from the community, which were reviewed, refined, and approved by the City prior to the start of construction document development. Bid documents were put together in an expeditious manner, allowing the City to prioritize the renovation of each park in a balanced schedule.

Cherry Park acted as the crown jewel of the renovations, designed to be an all inclusive facility for residents of all ages and abilities to enjoy. The playful design boasts a variety of activities, and a splash of color, thrilling visitors of all ages, and drawing them into the fun.

Project Team
Principal: Larry Ryan
Project Manager: Andy Steen
Project Timeline: 2019 - 2021
Project Size: 4.5 acres
Design Cost: $80,000
Construction Cost: $1.75M
Client Reference
Debra Rose, City Manager
City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
(949) 461-3410 | [email protected]
Company Data 7.2.1.d
Packet Pg. 505 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park | 5 Los Serranos Park
Chino Hills, CA
Project Summary
Los Serranos Park is a six-acre community park and a joint use agreement project between the City of Chino Hills and Chino Valley Unified School District. The project is located on vacant school property adjacent to Chaparral Elementary School. In the center of the historic Los Serranos residential neighborhood, this new park will provide long awaited park space for the community.

Because the park will be constructed on school property, the plans will need to be go through the DSA and CGS approval process.

Park amenities include a state of the art play area with contemporary play structures, including a zipline, as well as hopscotch and foursquare for more traditional play elements. Other park amenities include a central activity plaza surrounded with low seat walls with tile artwork drawn by local children, group picnic pads with overhead structures, a restroom building, LED pedestrian lighting, fitness equipment stations around a decomposed granite looped walking path, picnic table pads, bench seating areas, entry monumentation, and low water use trees and shrubs.

Meandering rock cobble drainage swales located throughout the park will be planted with wild flowers and low growing shrubs, and a biofiltration basin of native grasses will reinforce the feel of an outdoor natural oasis within the Los Serranos District.

Project Team
Principal: Larry Ryan
Project Manager: Pamela Burton
Completion Date: 2019
Project Size: 6 Acres
Design Cost: $ 332,000
Construction Cost: $ 3.9 M
Client Reference
Jonathan Marshall
Community Services Director
City of Chino Hills
[email protected]
(909) 364-2711
Company Data 7.2.1.d
Packet Pg. 506 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 6 | City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park Project Summary
Portola Park is a new 6.34 acre park located at the intersection of Glenn Ranch Road and Saddleback Ranch Road in Lake Forest. It is located near the new Iron Ridge community. The park provides many passive and active amenities for visitors, as well as fantastic overviews of the nearby open space.

Portola Park contains three (3) pickleball courts, which are the first public pickleball courts in the City.

A large playground offers varied play opportunities, with a climbing net, musical play elements, a large shaded play structure, and swings. Other active elements include one (1) outdoor sand volleyball court, several exercise stations, and an open turf area large enough to fit a U12 youth soccer field. The park also contains multiple shaded seating and gathering spaces, a restroom, drinking fountains, and a large picnic shelter. A perimeter walking trail winds throughout the park and connects with existing local trails. This trail system provides access throughout the region and includes hiking trail connections, such as to the nearby Whiting Ranch Wilderness Park.

The park also includes a new dog park accessible by a meandering walkway from the larger Portola Park.

The dog park contains separate areas for large and small dogs. A third space is open during maintenance of the other two dog play areas. The dog park includes doggie drinking fountains and dog agility equipment.

Shaded seating and DG walkways within and around the perimeter allow easy access for human users.

Portola Park
Lake Forest, CA
Completion Date: 2020
Project Size: 6.34 acres
Design Cost: $316,000
Construction Cost: $4.9M
Client Reference
Douglas Erdman, Assistant City Engineer
City of Lake Forest
100 Civic Center Drive
Lake Forest, CA 92630
(949) 282-5233 | [email protected]
Project Team
Principal: Larry P. Ryan
Project Manager: Craig Sensenbach, Andrew Steen, & Erik Curran Company Data 7.2.1.d
Packet Pg. 507 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park | 7 Pavion Park
Mission Viejo, CA
Project Summary
Originally built in 1988, Pavion Park was Orange County’s first Accessible Playground and was recently updated to a Universal Access Play Area. The park is adjacent to Phillip J. Reilly School, a regional school for programs focused on children with disabilities.

With the mixture of play elements and shaded seating areas amongst the landscaping, the playground was transformed into a barrier-free play area full of learning experiences. The park has incorporated educational opportunities based upon features of the nearby Oso Creek.

The new park features three (3) different types of swings, a climbing boulder, benches, and picnic tables. Unique features such as animal footprints in the resilient surfacing lead you from an information panel to a cut out of the animal itself. The park also includes a sensory maze providing lessons on numbers, colors, shapes, and the alphabet.

Project Team
Principal: Larry Ryan
Project Manager: Eric Chastain
Project Timeline: 2013-2015
Project Size: 0.9 acres
Design Cost: $120,000
Construction Cost: $1M
Client Reference
Keith Rattay
Assistant City Manager
City of Mission Viejo
200 Civic Center Drive
Mission Viejo, CA 92691
(949) 470-3014 | [email protected]
Company Data 7.2.1.d
Packet Pg. 508 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 8 | City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park Project Summary
In December of 2017 the City of Oceanside received a grant award for $1.13M from the State Housing Related Parks Program to implement a portion of the improvements of the previous developed Master Plan. An aggressive schedule was prepared with the City in order to expend the funds by June 2019.

RJM facilitated two community forums to solicit input from the community on preferences and priorities, with additional outreach to the teens and other City representatives. The results of the community outreach reflected an overwhelming response for the need to replace the existing playground to be sited in its present location. “Chicano park style” was expressed as the preference for the park theme. Design elements of the play structures and design patterns on the rubber surfacing reflect the desired park theme and character. The playground will consist of 2 to 5-year-old play structure, 5 to 12-year-old play structure, swings, and independent sensory freestanding play elements.

Three new picnic shelters and additional site furniture were included as part of the construction in order to use the remaining funds. In addition, the City upgraded the fields to more energy efficient LED lights. These improvements at Joe Balderrama Park will provide new recreation opportunities and help rejuvenate the neighborhood.

Joe Balderrama Park
Oceanside, CA
Completion Date: 2018 - 2020
Project Size: .58 Acres
Project Cost: $ 198,000
Construction Cost: $ 915,000
Client Reference
Randall Bliss
Project Manager
City of Oceanside
(760) 435-5110
[email protected]
Project Team
Principal: Larry Ryan
Project Manager: Larry Mouri
Company Data 7.2.1.d
Packet Pg. 509 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park | 9 Grant Howald Park
Newport Beach, CA
Project Summary
Grant Howald Park is a 3.5 acre park that has been serving the community of Newport Beach since 1954 as a popular community destination with a large multi-purpose field space, restroom building, parking, and tot lot. The park is directly adjacent to the CYC (Community Youth Center), an elementary school, and is nestled in the Harbor View neighborhood of Corona Del Mar. RJM assisted the City in preparing a preliminary conceptual design plan with input from the City’s Public Works Department, Parks Beaches and Recreation, and Ad Hoc committee. Further input was derived from the community through a community workshop project run by RJM and City staff to prepare a schematic design package for City Council approval.

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

Project Team
Principal: Craig Sensenbach
Project Manager: Tamara McClory
Start/End Dates: October 2018 — August 2021
Services: Community Workshops,
Conceptual Design, Design
Development, Construction
Documents, Construction
Administration
Design Costs: $256,000
Construction Costs: $ 6.3M
Client Reference
Kathryne Cho, Civil Engineer
Public Works Department
(949) 644-3014
Company Data 7.2.1.d
Packet Pg. 510 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 10 | City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park Project Team
Principal: Larry Ryan
Project Manager: Larry Mouri
Project Summary
RJM Design Group assisted the City of Ontario with the community outreach required for the Grant Application in which the City of Ontario was awarded $3M in Statewide Park Development and Community Revitalization Program to create a new Civic Center Conservation Park. The Conservation Park is located in the Civic Center adjacent to the newly renovated City Hall which received LEED Platinum Certification. The park will provide a public space where the multi-cultural and multi-generational community can gather to engage in the opportunities for social, cultural, and environmental educational activities and programs.

The facilities and potential programming that will be experienced at the Civic Center Community Conservation Garden are as follows:
• Outdoor Classroom Amphitheater will be used for both educational programming and small cultural performance.

Seating includes tile art that was created by children from a local school. • Storm Water Collection and Water Wise Garden will focus on water conservation programs information and help the community understand the importance of water and the various ways that water conservation techniques can be implemented in the typical home garden landscape.
• Vegetative Swale provides a demonstration on how to capture and treat storm water run-off to improve water quality. • California Native Garden will provide a wide selection of native plant material suggested for residential application, which can be beautiful and require very little water.
• Interactive Kids Play Elements will provide creative examples of alternative energy methods to help reduce our dependence on our natural resources.
• Moon and Constellation Benches, Interactive Sun Dial, Kinetic Wind Sculpture, and Aqueduct Agriculture Trough are public art elements that will provide interpretation of the sun and wind, as well as water conservation information.

Historical background about the regions early settlers, such as the “Colony Lands and the Chaffey Brothers” are included on signage panels.

Conservation Park
Ontario, CA
Year Delivered: 2015
Project Size: 1.15 Acres
Design cost: $376,000
Construction cost: $2M
Client Reference
Roberto Perez - Retired
Philip Marino
Planning Department
phone (909) 395-2036
email: [email protected]
Company Data 7.2.1.d
Packet Pg. 511 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park | 11 Project Summary
This 3.5 acre parcel located in the dense residential area of Rancho Cucamonga was in need of a neighborhood park and greenspace. Using State Park Development and Community Revitalization Grants, the City was able to finance the project without limiting park amenities. The new park site includes an outdoor fitness center with dynamic exercise stations to promote healthy living. Other active recreation amenities include a full basketball court, spray play and shaded playground elements, and even a skate spot to appeal to the teens and pre-teens. Picnic pads are dotted throughout the park, while visitors looking for shade can enjoy the overhead picnic shelter.

Maintaining a sustainable design, vegetative swales were designed throughout the site to capture and control stormwater, while the site was landscaped using California native and drought tolerant plantings to minimize water usage. Materials from the site were re-used to construct the site features, while other required materials were locally sourced.

Community involvement was a key component in the process, involving residents in community workshops to decide on the elements incorporated in the park. Local clubs and volunteers assisted in the plant material installation, while local artists participated in the creation of public art to be displayed in the park.

Los Amigos Park
Rancho Cucamonga, CA
Completion Date: 2017
Project Size: 3.5 Acres
Design Cost: $ 362,000
Construction Cost: $ 2.7M
Client Reference
Elisa Cox
Assistant City Manager
City of Rancho Cucamonga
(909) 477-2700
[email protected]
Project Team
Principal: Robert Mueting
Project Manager: Larry Mouri
Company Data 7.2.1.d
Packet Pg. 512 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 12 | City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park Project Summary
Pacific Electric Park is a railroad-themed neighborhood park in the City of Santa Ana. With the assistance of a Community Development Block Grant and years of community outreach workshops and meetings, the City of Santa Ana will has a new, environmentally-conscious park. The park boasts on-site filtration with a naturally-configured bio-retention basin, pervious decomposed granite trails, low-water use plant material and subterranean drip irrigation.

Park amenities include a community garden, outdoor classroom with tiered seating area, a railroad-themed playground, game tables, restroom building, fitness equipment, group picnic area with overhead shade trellis and seating areas.

Pacific Electric Park
Santa Ana, CA
Completion Date: 2017
Project Size: 1.5 Acres
Design Cost: $ 205,000
Construction Cost: $ 2M
Client Reference
Suzi Furjanic
Park Planner
City of Santa Ana
(714) 667-2700
[email protected]
Project Team
Principal: Larry Ryan
Project Manager: Larry Mouri
Company Data 7.2.1.d
Packet Pg. 513 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP Larry P. Ryan PLA, ASLA
Principal-in-Charge
RJM Design Group, Inc.

Larry Ryan’s passion for creating
meaningful public spaces for
people to enjoy led him to cofound RJM Design Group over 34 years ago. The long-term
relationships that he develops
and maintains with clients,
spans decades. He has worked with numerous
communities throughout California and Nevada,
where his project involvement encompasses all
phases of development for our municipal clients.

Licenses
• Landscape Architect / CA 2502 / AZ 25241 / NV 366
/ OR 1072 / ID 16919
Education
• Bachelor of Science, Landscape Architecture,
California Polytechnic State University, Pomona
Parks
• Parks
• Alicia Park, Mission Viejo, CA
• Aurora Park, Mission Viejo, CA
• Bonita Creek Park Renovation, Newport Beach, CA
• Cedar Grove Park, Tustin, CA
• Cesar E. Chavez Park, Long Beach, CA
• Citrus Ranch Park, Tustin, CA
• College Park, Oxnard, CA
• Florence Joyner Olympiad Park, Mission Viejo, CA
• Grant Howald Park, Newport Beach, CA
• Heritage Park, Tustin, CA
• Long Beach Integration Plan, Long Beach, CA
• Mariners Park Renovation, Newport Beach, CA
• Ontario Town Square, Ontario, CA
• Portola Park, Lake Forest, CA
• Veterans Memorial Park, Carlsbad, CA
Trails
• Bommer Canyon Trailhead, Irvine, CA
• Esencia Multi-Modal Trail, Rancho Mission Viejo, CA
• Gypsum Canyon Trailhead Studies, Anaheim, CA
• Lake Forest Nature Trail, Lake Forest, CA
• Long Beach Integration Plan, Long Beach, CA
• Oso Creek Trail and Trailhead, Mission Viejo, CA
• The Colonies at San Antonio Open Space and Trails, Upland, CA • Venta Spur Trail, Irvine, CA
• Victoria Planned Community Trail Network, Rancho Cucamonga, CA • West Coyote Hills Trails, Yorba Linda, CA
Aquatics Facilites, Sports Facilities, Streetscapes,
Dog Parks, Community Plazas and Educational
Faciliteies experience available upon request.

Andrew Steen, LLA,
Certified Arborist
Project Manager
RJM Design Group, Inc.

Andy Steen has been a part of
RJM Design Group since 2014. He
is a licensed landscape architect
and certified arborist, with a
strong background in landscape
materials, construction, and detailing. With over 20
years of experience designing parks and community
facilities, Andy has a unique way of blending old
techniques with modern design ideas. He has served
as Project Manager on many park design projects.

Andy offers organizational, communication, and
team coordination skills that contribute to the
success of any project large or small.

Licenses
• Landscape Architect/ CA 5858
• Certified Arborist WE-9969A
• Tree Risk Assessment Qualification
• FAA 107 Licensed Remote Drone Pilot
Education
• Bachelor of Science, Environmental Planning
and Design, Landscape Architecture, Rutgers
University, State University of New Jersey (2003)
Parks
• Borrego Canyon Overlook Park, Lake Forest, CA
• Cherry Park, Lake Forest, CA
• Cordova Park, Mission Viejo, CA
• Darrin Park, Lake Forest, CA
• Drake Chavez Park, Long Beach, CA
• Jaswant Singh Khalra Tot Lot Replacement, Fresno, CA
• Larry Gury Community Park, Sacramento, CA
• Los Serranos Park, Chino Valley Unified School District, Chino Hills, CA
• Murdy Park, Huntington Beach, CA
• Nottoli Community Park, Sacramento, CA
• Pinehurst Park, Chino Hills, CA
• Portola Park, Lake Forest, CA
• Vintage Park, Lake Forest, CA
• Worthy Park, Huntington Beach, CA
• Yorba Linda Adventure Playground, Yorba Linda, CA
• 17th Street Park, Huntington Beach, CA
Resumes and Qualifications of Personnel 7.2.1.d
Packet Pg. 514 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 14 | City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park Tom Carcelli
Civil Engineer
civTEC
Tom Carcelli has over 25 years of experience in
the civil engineering field with particular emphasis
on parks and recreation, commercial/industrial,
education and public works projects. His extensive
design and management experience in all phases
of civil engineering for land development projects
throughout Southern California includes grading,
water quality, hydrology, hydraulics, storm drain,
water/sewer, survey/mapping and street design.

Tom has been in charge as a project manager
on over 100 projects from master planning to
construction with RJM Design Group over the past
20 years.

Education
• BS, Civil Engineering, University of California, Irvine, 1988 • Masters in Architecture, California State Polytechnic University, Pomona, 1994
Licenses
• Registered Civil Engineer/CA #81640
• Qualified SWPPP Developer (QSD) — C-81640
Dog Parks
• Dali Dog Park, Rowland Heights, CA
• La Paws Dog Park, Mission Viejo CA
• Portola Dog Park, Lake Forest, CA
Parks
• Bommer Canyon Community Park, Irvine, CA
• Cordova Park, Mission Viejo, CA
• Esencia Sports Park, Rancho Mission Viejo, CA
• Grand Avenue Park, Chino Hills, CA
• Grant Howald Park, Newport Beach, CA
• Joe Balderrama Park, Oceanside, CA
• Los Serranos Park, Chino Hills, CA
• Multiple Park Improvements, Lake Forest, CA
• Murdy Park, Huntington Beach, CA
• Santa Clarita Central Park, Santa Clarita, CA
• Santa Monica Sports Field, Santa Monica, CA
• Veterans Memorial Park, Carlsbad, CA
• Yorba Linda Adventure Playground, Yorba Linda, CA
Resumes and Qualifications of Personnel (continued)
Chris Curry
Irrigation
Glasir Design
Chris Curry has over 15 years experience in irrigation
design, landscape architecture, and landscape construction.

His focus is on the efficient use of water in the landscape.

He has been rewarded for his efforts by being chosen by the United States Environmental Protection Agency as
the WaterSense Irrigation Partner of the year for 2011. He is only the second irrigation design consultant chosen for this award, which is a testament to his commitment to the environment through sound water conservation practices.

Chris has designed irrigation systems ranging from custom residential to multi-phase master planned communities
containing over 2,200 homes. His designs have included
low flow drip irrigation; high flow sports fields with pumps; slopes for Caltrans; and temporary irrigation systems for wetlands reclamation. Mr. Curry’s experience also includes in-house irrigation design and construction oversight for a large design build contractor in Southern California.

Education
• B.S. Landscape Irrigation Science / California Polytechnic University, Pomona, California
Licenses
• US Environmental Protection Agency (EPA) WaterSense
Irrigation Partner – Selected the 2011 EPA WaterSense
Irrigation Partner of the year
• Professional Member of the American Society of Irrigation Consultants – 2011 Southern California Chapter President
• Irrigation Association (IA) Certified Irrigation Designer (CID) Landscape and Golf Sections • IA Certified Landscape Irrigation Auditor (CLIA)
Related Project Experience
• Fillmore Aquatics & Tennis Complex, Fillmore, CA
• Santa Clarita Sports Complex & Aquatic Center, Santa
Clarita, CA
• Redhawk (Dog) Park Improvements, Temecula, CA
• Central Park Master Plan Revision, Rancho Cucamonga,
CA
• Lake Forest Sports Park, Lake Forest, CA
• Willow Heights Residential in Diamond Bar, Lennar
Homes
• Drake Soccer Field, Long Beach, CA
• Bonita Creek Field Renovation, Newport Beach, CA
• North Beach Improvements, Lake Mission Viejo
Association, CA
• Central Park Tennis Complex, Santa Clarita, CA
• Worthy Park Renovation, Huntington Beach, CA
• Admiral Kidd and Seaside Park Field Renovations, Long Beach, CA
• Portola Park & Dog Park, Lake Forest, CA
• Santa Monica Civic Center Sports Fields, Santa Monica, CA

GLASIR DESIGN

7.2.1.d
Packet Pg. 515 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park | 15 City of
Laguna Hills
Larry Ryan
Principal
RJM Design Group
Andrew Steen
Landscape Architect
RJM Design Group
Matt Farrington
Structural
Engineer
GMU
Scott Ward
Geotechnical
Engineer
GMU
Organizational Chart
Key personnel will be available to the extent
proposed for the duration of the project. We
acknowledge that no person designated as “key”
to the project shall be removed or replaced without
prior written concurrence of the City.

SUBCONSULTANT TEAM

ADDITIONAL SERVICES SUBCONSULTANTS
Tom Carcelli
Civil Engineer
civTEC
Bill Zavrsnick
Electrical
Engineer
FBA
Chris Curry
Irrigation
Glasir Design

7.2.1.d
Packet Pg. 516 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 16 | City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park RJM Design Group, Inc. offers its clients personalized service that is delivered on time and within budget. The principals of RJM maintain personal involvement in all aspects of the project. Our success is based on our ability to perform, meeting the needs of the client and the project.

Please feel free to contact all our references as we are sure they will share their success stories of projects we have helped them accomplish.

References
Eric Lopez
Public Works Director

CITY OF LONG BEACH
333 W. Ocean Blvd
Long Beach, CA 90802
(562) 570-6256 | [email protected]
Years RJM has worked with contact: 25
Services Provided:

Plan Check, On-Call
Landscape Architecture
Services, Conceptual Design,
Design Development,
Construction Documents,
Construction Administration
Keith Rattay
Assistant City Manager, Director of Public
Services

CITY OF MISSION VIEJO
200 Civic Center
Mission Viejo, CA 92691
(949) 470-3018 | [email protected]
Years RJM has worked with contact: 30
Services Provided:

Plan Check, On-Call
Landscape Architecture
Services, Conceptual Design,
Design Development,
Construction Documents,
Construction Administration
Ashley Wysocki
Director of Community & Library Services

CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
(714) 374-5302 | [email protected]
Years RJM has worked with contact: 12
Services Provided:

Plan Check, On-Call
Landscape Architecture
Services, Conceptual Design,
Design Development,
Construction Documents,
Construction Administration
Elizabeth Nava
Director of Recreation & Community Services

CITY OF BELL GARDENS
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7650 | [email protected]
Years RJM has worked with contact: 10
Services Provided:

Landscape Architecture
Services, Conceptual Design,
Design Development,
Construction Documents,
Construction Administration
Jennifer Taylor
Senior Project Manager

RANCHO MISSION VIEJO
28811 Ortega Highway
San Juan Capistrano, CA 92693
(949) 240-3363 | [email protected]
Years RJM has worked with contact: 8
Services Provided:

Landscape Architecture
Services, Conceptual Design,
Design Development,
Construction Documents,
Construction Administration

7.2.1.d
Packet Pg. 517 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park | 17 Project Understanding, Overview and Approach
Given our office’s proximity to the City of Laguna Hills, we completed an initial site walk at Cabot Park to get a feel for the park’s character and atmosphere. As one of the home fields of Laguna Hills Little League we understand how valuable Cabot Park is to not only the youth baseball community but also the horse riding community of Nellie Gail as well. While the amenities to serve these two user groups take up the majority of the park acreage, our team feels that there are still opportunities for the whole Laguna Hills community to use for recreation. We understand that the City’s primary focus is to renovate the play areas, however given community input and key stakeholder direction, the overhaul may extend to other areas throughout the park property.

We have outlined our approach to the project in the scope of work and intend to coordinate closely with the City’s Public Works Director with a main point of contact for the design team that will handle all coordination with sub-consultants. If preferred, we can schedule regular biweekly virtual meetings to stay on track and keep the PW Director informed of our progress with project updates and any issues that arise as we move through the development of the project.

Our project invoicing occurs monthly and is based on a percentage of the work completed in each phase with scrutiny on scheduling by our project manager. Additional services or fees are only requested for tasks outside of the scope of work outlined, or if unforeseen conditions arise that are beyond our control. With our extensive staff of experienced landscape architects, we regularly plan check on our own work at progress intervals to maintain a high level of professionalism and quality assurance. Our collaborative spirit within our office, with our sub-consultants and most importantly our clients and the communities they serve allows us to fulfill our passion for creating Community Inspired Spaces.

PHASE A – INVENTORY OF EXISTING PARK IMPROVEMENTS
To start the project off, RJM will conduct a kickoff meeting with the City of Laguna Hills to review the overall project scope and objectives. During this phase, we will have an aerial and field survey performed which we then use to prepare a site plan for the project area in AutoCAD, providing one-foot contour intervals, and identifying the existing conditions of the site. A title report provided by the City, will allow our design team to draft all recorded easements that correspond to the project site.

To meet the City’s goals of renovating the park’s amenities we will begin our process with a thorough evaluation of the existing park infrastructure. Using our GIS-based ‘Collector’ application, our team will catalog the park features by geolocating and photographing each item to generate a report for City documentation. The complete report will contain assessments on the condition, functionality, convenience and most importantly the accessibility requirements of the State.

Meetings: One (1) Kick-off Meeting with City Staff
Deliverables:Aerial and Field Survey
Site Plan in AutoCAD
Site Analysis Exhibits
Park Inventory Assessment Report

7.2.1.d
Packet Pg. 518 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 18 | City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park Project Understanding, Overview and Approach (continued) Lake Forest Nature Park | Lake Forest, CA (RJM Project) PHASE B – COMMUNITY OUTREACH AND COMMUNITY NEEDS ASSESSMENT To engage the community for their thoughts and needs of their local parks, RJM will host two public workshop events held on a Saturday to give residents the greatest opportunity to attend and provide their feedback. We would like to request that the City provide chairs and tables for the event and allow our team to provide electronic promotional flyers to add to the City website and social media accounts to promote the events. Our team will create a Social Media Project Branding that will help maximize community participation developing content and promotional materials that will visually unify all project outreach efforts. We will also generate a project website that will provide project status updates, post project graphic exhibits, host online surveys and allow for the community to provide feedback at any time, providing an opportunity for those who couldn’t attend the in-person workshops, a chance for their thoughts to be heard. This ESRI Story Map based website will allow the community to understand the extent of planning considerations, and as each outreach effort is completed, the results will be posted. We propose to work closely with City staff to organize and help define the approach shared in this process.

Each of the community engagement strategies employed will be analyzed and combined into a Needs Assessment matrix graphic. This graphic will illustrate the community needs that will have the most significant impact as well as other trending recreation desires among the City’s residents. With all the community feedback received and assimilated into the Needs Assessment matrix, we will prepare a presentation to present to the Parks and Recreation Commission and subsequently the City Council for approval to proceed into preliminary design.

Meetings: One (1) Review Meeting with City Staff prior to Workshops Two (2) Community Workshops held at Park
One (1) Parks & Recreation Commission Presentation
One (1) City Council Presentation
Deliverables:Social Media Project Branding Promotional Flyers & Graphics Workshop Presentation & Participation Materials
Project Website
Needs Assessment Matrix

7.2.1.d
Packet Pg. 519 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park | 19 PHASE C – PRELIMINARY DESIGN
With approval from Council to proceed, we will begin the preliminary design portion of the project by preparing three (3) design alternatives to reflect three levels of cost, below budget, at budget, and above budget. Based on the City’s central strategy to renovate the play area of the park, we will focus on different play area layouts from different manufacturers, outlining the components of the equipment and providing 3D graphics of the various proposed layouts. If the community outreach determines that there are other park amenities to be included in the renovation, with direction from City Council we will proceed with the preliminary layout of those elements. Once the design alternatives are complete we will schedule a review meeting with City staff to review the various designs and make refinements to the conceptual plans as requested.

Once revisions are complete, we will present the three designs to the City Council’s Events, Communications, and Beautification Committee (ECBC) for review, comment, and ultimately a selection of the preferred design to proceed with. The selected alternative will be refined based on the Committee’s feedback and presented once again to review the refinements. The design team will then move ahead with developing an itemized cost estimate and enhancements to the preliminary design for City staff review. Incorporating additional comments from City staff, the design team will then prepare to attend a Parks & Recreation Commission meeting to present the latest conceptual design and cost estimate. RJM will incorporate feedback from the Commission into the design in preparation for the City Council presentation and review. With approvals from City staff, Parks & Recreation Commission, and City Council we will proceed with the preparation of Final Design Plans.

Meetings: Two (2) Review Meetings with City Staff
Two (2) Review Meetings with ECBC
One (1) Parks & Recreation Commission Presentation
One (1) City Council Presentation
Deliverables: Three (3) Preliminary Design Alternatives Proposed Playground 3D Graphics
Refined Preliminary Design Alternatives based on City Staff Comment Refined Selected Preliminary Design based on ECBC direction Preliminary Itemized Cost Estimate
Refined Preliminary Design based on P&R Committee direction Refined Preliminary Design based on City Council direction Project Understanding, Overview and Approach (continued) Bent Tree Park | North Tustin, CA (RJM Project)

7.2.1.d
Packet Pg. 520 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 20 | City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park Project Understanding, Overview and Approach (continued) Yorba Linda Adventure Playground | Yorba Linda, CA (RJM Project) PHASE D – FINAL DESIGN PLANS
To produce documents for the City to solicit bids, the design team will produce construction documents and technical specifications to complete the design tasks. Construction documents will include demolition plans, construction plans and details, grading and drainage plans and details, irrigation plans and details, and planting plans based on the approved preliminary designs.

Technical specifications will be developed as additions to the Standard Specifications for Public Works Construction or “Greenbook” and complete with bid schedules based off the itemized cost estimate. Plans, specifications and estimates (PSE) will be submitted to the Community Development Divisions of Building & Safety and Planning, as well as Public Works Engineering as required. The design team will expect to submit and revise plans to the City Departments for a total of three submittals.

With the approval of the Final Design Plans by City staff, RJM will attend an additional City Council meeting for the authorization to advertise the project for bidding and respond to questions from the Council and the public regarding the project. As part of the bidding process, RJM will attend a pre-bid meeting, if requested, and respond to bidder questions and provide addendums if required, in a timely manner.

Meetings: One (1) Plan Check Review Meeting with City Staff One (1) City Council Meeting (Authorization for Project Bidding) One (1) Pre-Bid Meeting
Deliverables: Construction Document Set
Set of “Greenbook” Technical Specifications
Itemized Cost Estimate
Bid Schedule
Bid Period RFI Responses

7.2.1.d
Packet Pg. 521 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park | 21 Project Understanding, Overview and Approach (continued)

ADDITIONAL SERVICES
PHASE E – CONSTRUCTION MANAGEMENT AND CONTRACT ADMINISTRATION After the construction contract has been awarded to a general contractor, as an optional service that the City can elect, RJM will provide construction administration services to ensure the project is installed as designed. The design team will respond to requests for information (RFI’s) during construction and review the required project material submittals from the contractor for conformance to the project. Depending upon the schedule and frequency of construction meetings, RJM will attend four (4) total on-site meetings to confirm the project is installed with the same design intent in order to protect the City’s interests in the finished quality of their newest public amenity. These services will be provided on an hourly, as needed basis.

Meetings: Four (4) On-Site Construction Meetings
Deliverables: Construction RFI Responses
Material Submittal Reviews
Final Project Construction Punch List

ADDITIONAL SERVICE ITEMS
• Geotechnical Investigation/Report – Based on the initial scope of work outlined in the RFP, geotechnical investigations and a report would not necessarily be required. If the City’s scope of work expands to require geotechnical field exploration, laboratory testing and geotechnical analysis and report preparation, this work can be completed as part of an additional service. • Water/Sewer Plan – This proposal assumes that no new water or sewer facilities are required. A Fire Master Plan, capacity/pressure studies, public water plans for relocations, sewage lift station or off site upsizing of the existing mainline are additional services. • Water Quality Management Plan (WQMP) – This proposal assumes that the project will be a non-priority project and a WQMP will not be required. A WQMP can be prepared if required by a the local jurisdiction and design treatment and retention/detention systems for storm runoff as required for LID/Hydromodification and the current NPDES permit as an additional service. • LID/Hydromodification Treatment Design – This proposal assumes that project drain inlets/ outlets are to be shown in plan view only, (for lines under 18” in diameter). Preparation of Storm Drain Plans with Special Structures to disperse concentrated runoff from watersheds outside the project area is additional work.
• Hydrology Report – This proposal excludes on-site Hydrology as directly impacted by the proposed improvements and exclude any studies of off-site Hydrology. This proposal excludes any retention/detention basins and/or pump systems to retain initial storm runoff, including that required for LID/Hydromodification.

7.2.1.d
Packet Pg. 522 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 22 | City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park

ADDITIONAL SERVICE ITEMS
• NPDES – SWPPP/NOI – This proposal assumes that the area of disturbed land will be under 1.0 acre, thus exempting the project from NPDES/NOI requirements. A project specific SWPPP can be prepared if required, and assistance provided to the owner (LRP) with the NOI and WDID filing with the state as an additional service.
• Structural Design Services – Based on the initial scope of work outlined in the RFP, structural design of details and calculations may not be required for the improvements. If the City’s scope of work expands to require improvements that require structural engineering, this work can be completed as part of an additional service. For the purposes of estimating for this additional structural design service, the work is limited to the structural engineering of seat walls, pilasters, light standards, and fence post footings.
• Electrical Design Services – Based on the initial scope of work outlined in the RFP, electrical engineering design of details and calculations may not be required for the improvements. If the City’s scope of work expands to require improvements that require electrical improvements, this work can be completed as part of an additional service. For the purposes of estimating for this additional electrical design service, the work is limited to the preparation of electrical construction documents including single line diagrams, lighting plans, electrical load and voltage drop calculations, and the accompanying electrical schedules, legends and details.

Project Understanding, Overview and Approach (continued) Worthy Park | Huntington Beach, CA (RJM Project)

7.2.1.d
Packet Pg. 523 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park | 23

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

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

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

Project Goals – clearly identified.

Program Needs – confirmed with the client.

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

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

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

Our office environment is an open studio that allows for continual sharing of ideas and collaboration between our experienced principals, project managers, and staff members. We believe that this interaction promotes effective communication that is vitally important to the success of every project. Team meetings are scheduled at regular intervals to ensure that accurate communication on key project aspects is shared and understood.

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

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

Project Understanding, Overview and Approach (continued) 7.2.1.d Packet Pg. 524 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 24 | City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park

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

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

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

In addition to our in-house quality control efforts, we are also continually learning and applying the ongoing “lessons learned” from our outside plan check services provided to multiple agencies.

This methodical approach to outside projects gives us the unique advantage of reviewing our own plans and specifications with an impartiality that allows for a fresh and unbiased evaluation.

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

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

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

Project Understanding, Overview and Approach / Communication Plan7.2.1.d Packet Pg. 525 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park | 25

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

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

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

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

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

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

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

RJM Community Workshop
Communication Plan (continued) 7.2.1.d
Packet Pg. 526 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 26 | City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park City of Laguna Hills

PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR

CABOT PARK
24 1407008.1
ATTACHMENT 1

NON-COLLUSION AFFIDAVIT
The undersigned represents and certifies that:

1. This Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation.

2. This Proposal is genuine and not collusive or sham.

3. The Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and has not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in sham proposal or to refrain from submitting to this RFP.

4. The Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Laguna Hills or of anyone interested in the proposed contract.

5. Proposer affirms that all statements contained in the Proposal and related documents are true and correct.

6. Proposer has not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

7. Proposer has not entered into any arrangement or agreement with any City of Laguna Hills public officer in connection with this proposal.

8. Proposer understands that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct. Executed this ______ day of ______, 2024, at ________________, California.
________________________________
Signature of Authorized Representative
________________________________ __________________________________ Name of Authorized Representative Title of Authorized Representative March San Juan Capistrano
Larry P. Ryan President
11th
Non-Collusion Affidavit 7.2.1.d
Packet Pg. 527 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park | 27 Certificate of Insurance 7.2.1.d
Packet Pg. 528 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 28 | City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park Certification of Proposal 7.2.1.d
Packet Pg. 529 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park | 29 Certification of Proposal (continued) 7.2.1.d
Packet Pg. 530 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 30 | City of Laguna Hills • Professional Park Design Consulting Services for Cabot Park RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
[email protected]
www.RJMdesigngroup.com [949] 493-2690 fax [949] 493-2600 phone

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Packet Pg. 536 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1836871.1
EXHIBIT “B”
CITY’S REQUEST FOR PROPOSALS (RFP)

PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR

CABOT PARK
DATED: JANUARY 29, 2024

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Packet Pg. 537 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1407008.1

REQUEST FOR PROPOSALS (RFP)

PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR

CABOT PARK

CITY OF LAGUNA HILLS
24035 El Toro Road
Laguna Hills, CA 92653
(949) 707-2651
RFP Dates
Request for Proposals Issued: January 29, 2024
Written Question Deadline: February 26, 2024 at 5:00 p.m.

Questions Answered/Addenda Issued: February 29, 2024 by 5:00 p.m.

Proposal Submittal Deadline: March 11, 2024 at 4:00 p.m.

Interviews to be held on: TBD, if requested
Proposed Effective Date of Professional
Services Agreement: March 26, 2024

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Packet Pg. 538 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

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Table of Contents
SECTION I - INTRODUCTION AND INSTRUCTIONS TO PROPOSERS Page 4 A. Introduction
B. Proposed Time Schedule
C. Instructions to Proposers and Procedures for Submittal D. General Conditions
SECTION II - PROPOSAL RESPONSE REQUIREMENTS Page 14
A. Cover Letter
B. Company Data
C. Resumes and Qualifications of Personnel
D. Organizational Chart
E. References
F. Project Understanding, Overview and Approach
G. Communication Plan
H. Compensation/Payment Schedule
I. Certificate of Insurance
J. Certification of Proposal
SECTION III - PROPOSAL EVALUATION AND SELECTION Page 18 SECTION IV - SCOPE OF SERVICES Page 19
SECTION V – SCHEDULE OF COMPENSATION/FEES Page 23
ATTACHMENT 1 – Page 24

NON-COLLUSION AFFIDAVIT
ATTACHMENT 2 – Page 25
CONSULTANT’S ACKNOWLEDGEMENT OF COMPLIANCE WITH

INSURANCE REQUIREMENTS
ATTACHMENT 3 – Page 26

CERTIFICATION OF PROPOSAL TO THE CITY OF LAGUNA HILLS
ATTACHMENT 4 – Page 28

SAMPLE PROFESSIONAL SERVICES AGREEMENT

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Packet Pg. 539 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

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January 29, 2024
SUBJECT: REQUEST FOR PROPOSALS FOR PROFESSIONAL PARK DESIGN

CONSULTING SERVICES FOR CABOT PARK
Dear Proposers:

You are invited to respond to this Request for Proposal to provide professional park design consulting services for Cabot Park to the City of Laguna Hills.

The following pages detail the Scope of Services to be provided and the submission requirements.

The City intends to enter into an exclusive Professional Services Agreement to fulfill the City’s needs.

To be considered responsive, proposers must submit a written proposal in accordance with the requirements, specifications, conditions and provisions described in the attached RFP.

PROPOSALS ARE DUE BEFORE
4:00 P.M. on March 11, 2024
If you have any questions regarding this RFP, please contact me at (949) 707-2651 or via email at [email protected].

Thank you for your interest.

Sincerely,
Joe Ames, P.E., T.E.

Public Works Director/City Engineer

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Packet Pg. 540 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

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SECTION I

INTRODUCTION AND INSTRUCTIONS TO PROPOSERS
A: Introduction and Overview
The City is seeking a qualified professional design consultant to provide park design services for the rehabilitation of Cabot Park.

The City has tentatively budgeted $417,000 for the rehabilitation of this park. The primary focus of the City is to replace the existing playground equipment and all rubber surfacing.

However, the City Council also expressed an interest in rehabilitating other existing improvements based upon available budget and interests of the community, which will necessitate evaluating all of the other existing improvements at the park. The Consultant should exclude the baseball diamond areas from the evaluation.

The City does not have a Parks Master Plan with park priorities from which to provide a framework for decision makers in prioritizing and planning these park rehabilitation projects. Therefore, the project includes community outreach efforts.

The desired Scope of Services consists of the following components:

1. Inventory Existing Park Improvements

2. Community Outreach and Community Needs Assessment

3. Preliminary Design

4. Final Design Plans, Construction Documents, and Specifications

5. Optional: Construction Management and Contract Administration The location map for the park is on the next page.

Additional information concerning the Scope of Services can be found in Section IV.

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Packet Pg. 541 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

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Cabot Park:

Located at the corner of Rapid Falls Drive and Cabot Road. Access off Cabot Road at the signalized entrance.

Approximate total acreage: 8.7 acres

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Packet Pg. 542 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

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B: Proposed Schedule
The proposed project schedule is listed on the cover page of this RFP.

C: Instructions to Proposers and Procedures for Submittal One printed original (marked original), two (2) printed copies (marked copy) and one (1) electronic copy on Flash Drive (will not be returned) and one sealed envelope containing the Fee Proposal must be submitted in a sealed envelope or box bearing the name of the Proposer, marked PROPOSAL FOR PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR CABOT PARK and submitted only to the following address:

City of Laguna Hills
Attention: Joe Ames, Public Works Director
24035 El Toro Road
Laguna Hills, CA 92653
Proposers are solely responsible for ensuring their submitted proposal is received by the City in accordance with the solicitation requirements, before the Submittal Deadline, and at the place specified.

Postmarks will not be accepted in lieu of actual delivery.

No oral, telegraphic, electronic mail, facsimile, or telephonic proposals or modifications will be considered unless specified.

The City shall not be responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Delivery of proposals shall be made at the office specified in this Request for Proposals.

Deliveries made before the Submittal Deadline, but to the wrong City office, will be considered non-responsive unless re-delivery is made to the office specified before the Submittal Deadline. All proposals shall become the property of the City.

Late proposals will not be accepted and will be returned to the Proposer unopened.

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Packet Pg. 543 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

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D: General Conditions
ADDITIONAL INFORMATION, RIGHT TO REQUEST. The City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from proposers during its review and evaluation of proposals submitted for consideration.

ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm, the Scope of Work may be modified and refined during negotiations with the City.

AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work.

Proposer shall provide a current power of attorney, articles of incorporation, or other instrument confirming the agent’s authority to bind the Proposer. If an individual makes the proposal, his or her name, signature, and post office address must be shown. If a firm or partnership makes the proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the proposal, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation. Upon request of the City, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

AWARD OF PROPOSAL. City reserves the right to negotiate final terms with the selected Proposer, if any. Award of contract, if any, will be made in accordance with Section 3-

08.150 (Professional services contracts) of the Laguna Hills Municipal Code (LHMC) which reads in relevant part as follows:
“A. The informal and formal bidding procedures contained in this chapter shall not apply to contracts for professional services. Rather, to secure professional services, the city shall utilize a request for proposals procedure, the method and details of which shall be promulgated by the City Manager in the form of administrative regulations. The City Manager may award any contract for professional services when the total not to exceed contract amount of such services is fifty thousand dollars ($50,000.00) or less. Any contract for professional services having a total contract amount of greater than fifty thousand dollars ($50,000.00) shall be awarded by the City Council….

C. Notwithstanding any provision in this chapter to the contrary, selection by the city for professional services in areas including but not limited to private architectural, landscape architectural, engineering, environmental, land surveying, construction project management, management and administration, financial, accounting, auditing, actuarial, economics, and/or development and planning, which involve the exercise of discretion and independent judgment together with an advanced or specialized knowledge,

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Packet Pg. 544 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

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expertise, training, or unique skills gained by formal studies or experience, shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required, and shall not be awarded solely on the basis of cost…. In accordance with state law, the city shall consider price after the city is satisfied that the would-be person, company, corporation, contractor, consultant, or firm has demonstrated the competence and professional qualifications necessary for the satisfactory performance of the services required.” An Evaluation Committee will be established by the City. The City shall not be obligated to accept the lowest priced proposal but, if an award is made, the City will make an award in the best interests of the City after all factors are considered, including but not limited to the demonstrated competence, experience and professional qualifications of the Proposer. Discussions may, at the City's option, be conducted with the most qualified proposers. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. In conducting discussions, the City will not disclose information derived from proposals submitted by competing proposers.

COMPLIANCE WITH LAWS. All proposals shall comply with current federal, state, and other laws relative thereto.

CANCELLATION OF SOLICITATION. The City may cancel this solicitation for proposals at any time.

CANCELLATION OF TASKS. If a professional services agreement is awarded for the work described in this RFP, the City will authorize work on a Task Order basis. Task Orders may be issued in any sequence. The City is not obligated to issue a Task Order for all tasks listed in the Scope of Work and expressly reserves the right to cancel tasks.

CONFLICT OF INTEREST. By signing the Certification of Proposal (Attachment 3) and submitting a proposal to the City in response to this Request for Proposals, the Proposer represents and certifies that:

A) No elected or appointed official, officer, or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or for any work connected with this proposal; should any agreement be approved in connection with this Request for Proposals (“Agreement”) no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City, shall have any direct or indirect financial interest in the Agreement, or obtain any present, anticipated, or future financial interest or other material benefit arising therefrom;
B) No elected or appointed official, officer, or employee of the City shall have any financial interest, direct or indirect, in the Agreement nor shall any such official, officer, or

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Packet Pg. 545 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

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employee participate in any decision relating to the Agreement which effects his/her personal financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of state law; C) The Proposer and its principals do not have now, nor shall it acquire any financial or business interest that would conflict with the performance of services under the Agreement;
COSTS. The City is not liable for any costs incurred by proposers before entering into a formal contract. Costs of developing the proposals, or any other such expenses incurred by the Proposer in responding to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. No reimbursable cost may be incurred in anticipation of award.

DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the proposers, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable grounds for believing that any Proposer is interested in more than one proposal for the same work will cause the rejection of all proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists among Proposers, the City May refuse to consider proposals from participants in such collusion. Proposers shall submit as part of their proposal documents the completed NonCollusion Affidavit provided as Attachment 1.

DOCUMENTS, EXAMINATION OF. It is the responsibility of the Proposer to carefully and thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, drawings, plans, and addenda (if any). Proposer shall satisfy himself as to the character, quantity, and quality of work to be performed and materials, labor, supervision, necessary to perform the work as specified by these documents. The failure or neglect of the Proposer to examine documents shall in no way relieve him from any obligations with respect to the solicitation and/or subsequent contract that may be awarded. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the RFP documents. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.

INTERPRETATION OF RFP DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of the specifications or other RFP documents, or finds discrepancies or omissions in the specifications, he or she may submit to the City a written request for an interpretation or correction.

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Packet Pg. 546 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

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Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to, the scope of work, shall be made only by formal written addendum issued by the City. Accordingly, in order to ensure that all proposers have access to the same information, the City will use the following procedure to respond to inquiries:
• All questions or requests for interpretations shall be made in writing and delivered to Joe Ames, City of Laguna Hills, 24035 El Toro Road, Laguna Hills, CA 92653, or via email at [email protected] by the date specified on the cover page of this RFP.
• Staff will issue, as needed, addenda to the RFP, including a list of all written questions received and responses thereto, on the City’s website and via email to the RFP distribution list, and all proposers who have advised the City that they have a set of RFP documents, by the date specified on the cover page of this RFP.

The requesting party is responsible for prompt delivery of any requests. All such addenda shall become a part of the RFP document. It is the responsibility of each Proposer to ensure the City has their correct business name and address on file. Any prospective Proposer who obtained a set of RFP documents is responsible for advising the City that they have a set of RFP documents and wish to receive subsequent Addenda.

IRREGULARITIES. Unauthorized conditions, limitations, or provisions attached to a proposal may cause its rejection. The completed proposal shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification or withdrawal will be considered.

NON-DISCRIMINATION. Proposer shall represent and certify that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy related conditions, political affiliation or opinion, age or medical condition.

NON-EXCLUSIVE. Should the City make an award, the successful Proposer will enter into a non-exclusive professional services agreement and the City reserves the right to enter into agreements with other firms or consultants for the services listed in this RFP.

NO OBLIGATION. The release of this RFP does not obligate or compel the City to enter into a contract or agreement.

NO PUBLIC PROPOSAL OPENING/PUBLIC RECORDS ACT. Proposals shall be opened and their contents secured by City staff to prevent disclosure during the evaluative

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Packet Pg. 547 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

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process and the process of negotiating with competing proposers. Adequate precautions shall be taken to treat each Proposer fairly and to ensure that information gleaned from competing proposals is not disclosed to other proposers. Prices and other information concerning the proposals shall not be disclosed until finalists are selected to present proposals to the City Council or a recommendation for award is made to the City Council, whichever comes first.

OFFERS OF MORE THAN ONE PRICE. Proposers are not allowed to submit more than one proposal.

OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City upon submission.

PROPRIETARY INFORMATION. All proposals and documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq. It is the responsibility of each Proposer to clearly identify any and all information contained within the proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible; all other information will be considered public. In the event that a demand for disclosure of information designated as "confidential and/or proprietary" by a Proposer is made, the City will notify the Proposer in writing of such demand and shall furnish a copy of the City's written response to the requestor. Proposer may then pursue, at its sole cost and expense, any and all appropriate legal action necessary to maintain the confidentiality of such information.

REJECTION OF PROPOSAL. The City reserves the right to reject any or all proposals or any part of a proposal. The City reserves the right to reject the proposal of any Proposer who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the proposal of any Proposer who is in default on the payment of taxes, licenses or other monies due the City.

REPRESENTATIONS. Proposer understands and acknowledges that the representations made in their submitted proposal are material and important, and will be relied on by the City in evaluation of the proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal.

RFP PART OF AGREEMENT. Should an agreement be awarded, this Request for Proposals and Scope of Services and all conditions may become part of the Agreement between the City of Laguna Hills and the successful Proposer.

SEVERABILITY. If any provisions or portion of any provision of this Request for Proposals are held invalid, illegal or unenforceable, they shall be severed from the Request for Proposals and the remaining provisions shall be valid and enforceable.

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Packet Pg. 548 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

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VALIDITY. Proposal must be valid for a period of 180 days from the due date and may be extended by written authorization from the Proposer.

WITHDRAWAL OF PROPOSAL. Proposers’ authorized representative may withdraw proposals only by written request received by the City’s project manager before the Proposal Submittal Deadline.

End of Section, continued to next page.

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Packet Pg. 549 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

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SECTION II

PROPOSAL RESPONSE REQUIREMENTS
One printed original (marked original), two (2) printed copies (marked copy) and one (1) electronic copy on Flash Drive (will not be returned) and one (1) sealed envelope containing the Fee Proposal must be submitted in a sealed envelope or box bearing the name of the Proposer, marked PROPOSAL FOR PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR CABOT PARK and submitted only to the following address:

City of Laguna Hills
Attention: Joe Ames, Public Works Director
24035 El Toro Road
Laguna Hills, CA 92653
If discrepancies are found between the copies, or between the original and copy or copies, the “ORIGINAL” will provide the basis for resolving such discrepancies. If one document is not clearly marked “ORIGINAL", the City reserves the right to use any of the proposals as the Original. If no document can be identified as an original bearing original signatures, Proposer's proposal may be rejected at the discretion of the City.

It is imperative that all Proposers responding to the RFP comply exactly and completely with the instructions set forth herein. Proposals must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used.

Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer.

Limit the Proposal to 30 pages (not including City required forms).

All proposals shall be submitted on standard 8.5” by 11” paper and secured in binder clips only (no notebooks or covers to be submitted). Font shall be no less than 10 point. All pages should be numbered and identified sequentially by section matching the format of this RFP.

Response items must be indexed in the following order with individual tabs:

A. Cover Letter:

Proposal must be accompanied by a cover letter, signed by an individual authorized to bind the proposing entity. An unsigned proposal is grounds for rejection. The cover letter should include an introduction of the firm and summary statement of professional qualifications.

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B. Company Data:

Please submit the following information for the Proposer:

1. Official name and address.

2. Name, address, and telephone number of the Proposer’s primary point of contact.

3. Indicate what type of entity (corporation, company, joint venture etc). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture.

4. Federal Employer I.D. Number.

5. The address, telephone numbers and authorized email addresses of each of your firm’s locations.

6. A detailed statement indicating whether Proposer is totally or partially owned by another business organization or individual.

7. Number of years Proposer has been in business under the present business name.

8. Number of years of experience the Proposer has had in providing required, equivalent, or related services.

9. All comparable contracts entered into during the last five (5) years, completed or not. Please indicate:
 Year started and completed
 Scope of work
 Client or agency name
 Project description
 Project manager
 Estimated cost of construction, if any
 Size of project

10.Any failures or refusals to complete a contract and explanation.

11.Individuals/Firms who own an interest of 10% or greater in the proposing firm.

12.Financial interests in other lines of business.

13.Litigation/Adverse Judgement History. Provide a list of all litigation (including all complaints or responses to complaints) filed against the Proposer and any proposed Principal/Project Manager within the last 5 years only, related to performance of a professional services agreement or participation on a project.

Provide the date that the complaint was filed, the name of the plaintiff(s), the nature of the litigation and list the causes of action set forth in the complaint, the amount of damages and relief asserted, the project name, describe the role of the Proposer and any proposed Principal/Project Manager in the project, provide the names of the parties involved, status of the case, and a summary of the dispute resolution and/or outcome (including current status for any unresolved litigation) (e.g., trial/judgement, arbitration/mediation, settlement, etc.).

14.Termination of Contract “For Cause” History. Describe the conditions or circumstances surrounding any professional services agreement or other services

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Packet Pg. 551 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

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contract (or portion thereof) entered into by the Proposer and any proposed Principal/Project Manager within the last 5 years only that was terminated for cause or which required completion by another party. Describe the reasons for termination, the reasons specified by the client/owner for any such termination, whether the Proposer and proposed Principal/Project Manager disputed the client/owner’s position and/or the stated justification for terminating for cause, as well as the dispute resolution and/or outcome of the dispute (including the current status for any unresolved notice of termination for cause).

C. Resumes and Qualifications of Personnel:

The Proposer shall furnish a personnel staffing plan with sufficient information for judging the quality and competence of the personnel dedicated to the project. In its assessment of the proposal, City will place considerable emphasis on the commitment by the Proposer to provide qualified personnel for the professional services being considered. The Proposer shall furnish resumes in outline form for the key personnel assigned and committed to this account (i.e. Principal and/or Project Manager). Proposer shall also include the number and type of additional support personnel who will be providing services.

Minimum Resume Contents:
• Name, Position: Include length of time with this firm in the current position and any other positions held within the firm.
• Education: Show degrees earned and certifications, school and year of completion. Exclude company courses or information that is not relevant to the person’s functional job duties.
• Summary of Experience: In chronological order, most recent date first, summarize experience as it relates to the proposed Scope of Work. Please include a listing of all projects with a brief description of each. Additional detail and information may be requested of finalists.
• Professional Memberships/Registrations/Licensure/Certifications: Separately, please include a complete list of all previous and current clients.

D: Organizational Chart:

Proposer shall include an organizational chart that reflects titles of key staff and management contacts of each individual assigned to provide services under this Proposal. It is the City’s requirement that key personnel identified in the Organizational Chart remain during the term of the agreement. The Proposer shall note concurrence on the restrictions to changes in key personnel. A transition plan shall be presented in this section in the event there are proposed changes in key personnel during the term of the agreement that are outside of the consulting firm’s control or if the City requests such change.

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Packet Pg. 552 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

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E: References:

Proposer must provide three (3) PUBLIC AGENCY references for whom Proposer has provided similar services of the nature and scope as set forth in the RFP within the last five (5) years. Include name of agency, name of contact person, telephone number of contact person, and description of services provided.

F: Project Understanding, Overview and Approach:
 Understanding: Proposer must clearly demonstrate in this section an understanding of the tasks outlined in Section IV of this Request for Proposals.  Approach: Proposer must include in this section its detailed approach to providing those services described in Section IV of this RFP (including all optional tasks) that the Proposer proposes to provide.
 Proposer must identify the services proposed to be provided in response to the Scope of Services. Proposer must note any services not provided by the Proposer.  Project Management: The City’s Public Works Director will serve as a dedicated project manager that will act as the single point of contact and as the contract officer for these services. Proposals should describe the Proposer’s approach to project management which ensures coordination with the City’s contract officer and a commitment to the project schedule.
 Proposer shall list any resources, City assistance or other items expected to be provided by City in connection with the delivery of these services.  Proposer may additionally itemize those services which are further recommended or optionally provided but are not noted in the aforementioned paragraphs as requirements. Proposer will title this section as ADDITIONAL SERVICES.  Project Controls: Describe the Proposer’s ability to control costs and provide accurate and timely invoices through internal control measures; to monitor and stay within budget; to monitor schedule and review times and describe the techniques used to complete projects within the proposed time frames.  Quality Control/Quality Assurance (QA/QC): Describe the firm’s QA/QC processes that will be adhered to during the term of the agreement. Describe the method of ensuring accuracy and an overall high quality of work.

G: Communication Plan:

Proposer must describe the method(s) of communication and how frequently the firm proposes to keep City staff informed of their progress on any given tasks.

H: Compensation/Payment Schedule:

Proposer is required to submit their cost proposal in the format as outlined in Section V.

7.2.1.d
Packet Pg. 553 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR

CABOT PARK
17 1407008.1
The Compensation shall be submitted in a separate sealed envelope containing the Fee Proposal.

I: Certificate of Insurance:

Proposer shall demonstrate the willingness and ability to submit proof of the required insurance coverage (Attachment 2) set forth in the Sample Draft Professional Services Agreement (Attachment 4) prior to execution of the contract.

J: Certification of Proposal:

Proposer is required to sign and submit the Certification of Proposal in Attachment 3.

End of Section, continue to next page.

7.2.1.d
Packet Pg. 554 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR

CABOT PARK
18 1407008.1

SECTION III

PROPOSAL EVALUATION AND SELECTION
An Evaluation Committee will be established by the City. The Committee may be comprised of City staff or other personnel as determined by the City Manager and will evaluate all proposals received in accordance with Section 3-08.150 of the LHMC. The City reserves the right to establish criteria and weight factors. The City shall not be obligated to accept the lowest priced proposal, but the City will make an award in the best interests of the City after all factors are considered, including, but not limited to, the demonstrated competence, experience and professional qualifications of the Proposer.

Selection of qualified proposers will be based on the following criteria as set forth herein.

Criteria are listed in random sequence and are not considered in any rank or order of importance. The proposal will be evaluated by the Evaluation Committee on the basis of the response to all requirements of this RFP.

1. Experience of the firm, particularly of staff assigned to provide the requested services

2. Demonstrated understanding of the service needs outlined in this RFP

3. Successful delivery of similar services

4. Location of firm and availability of staff assigned to City

5. Quality of references

6. Content, quality, completeness and form of submitted proposal

7. Interviews

8. Proposed cost of services (considered after selection of best qualified firms).

Following evaluation of written proposals, the Committee may hold interviews with the most qualified respondents. The City intends to enter into a multi-year Professional Services Agreement to fulfill the City’s needs.

End of Section, continue to next page.

7.2.1.d
Packet Pg. 555 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR

CABOT PARK
19 1407008.1

SECTION IV

SCOPE OF SERVICES
Services to be Provided:

As written in the introduction, the City is seeking a qualified professional design consultant to provide park design services for the rehabilitation of Cabot Park.

The City has tentatively budgeted $417,000 for the rehabilitation of this park. The primary focus of the City is to replace the existing playground equipment and all rubber surfacing.

However, the City Council also expressed an interest in rehabilitating other existing improvements based upon available budget and interests of the community, which will necessitate evaluating all of the other existing improvements at the park. The Consultant should exclude the baseball diamond areas from the evaluation.

The City does not have a Parks Master Plan with park priorities from which to provide a framework for decision makers in prioritizing and planning these park rehabilitation projects. Therefore, the project includes community outreach efforts.

Consultant shall provide all, or any combination, of the following services to the City of Laguna Hills upon issuance of a Task Order. None of the requested services should be interpreted as requiring any dedicated or continuing on-site staffing by the Consultant.

The City desires to retain an experienced team with prior park design experience for the community outreach and community needs assessment, preliminary design drawings, and final design plans, construction documents, and specifications for the rehabilitation of the parks.

The Consultant shall assemble a team to provide all key services related to the necessary architecture and engineering to produce a complete, biddable, and constructible design package. The City anticipates that such a design team may include, but is not limited to, specialists in the following fields:
• Park Design
• Landscape Architecture
• Civil Engineering
• Geotechnical Engineering
• Mechanical, Electrical, and Plumbing Engineering
• Utility Coordination
• Environmental Consulting
• Cost Estimating

7.2.1.d
Packet Pg. 556 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR

CABOT PARK
20 1407008.1
The City expects the project to be completed in a timely manner. The City is expecting final design plans and specifications to be completed within nine (9) months of the contract award.

The Consultant is expected to establish and maintain a close working relationship with City Staff throughout each phase of the project.

Services and deliverables shall include, but are not limited to, the following:

Inventory Existing Park Improvements:
• Compile an inventory and assessment of the existing improvements in each park, including all fixtures. The analysis should consider the capacity of each amenity found within the park as well as the functionality, accessibility, condition, comport, and convenience of the improvements.

7.2.1.d
Packet Pg. 557 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR

CABOT PARK
21 1407008.1
Community Outreach and Community Needs Assessment:
• The Consultant shall outline and implement a comprehensive strategy for engaging residents and key stakeholders of these parks in the development of recommended rehabilitation efforts. Activities should include at least two (2) weekend public meetings/workshops conducted by the Consultant at each park, stakeholder interviews, and other effective outreach methods. • One formal presentation to the Parks and Recreation Commission and one formal presentation to the City Council on the results of the community outreach and community needs assessment.

NOTE: Consultant shall provide electronic copies of draft meeting materials to the City for their review and approval at least ten (10) days in advance of meetings and events.

Preliminary Design:

For each park, perform the following tasks:
• Prepare three (3) alternative, preliminary design concepts and cost estimates for the rehabilitation work. These alternatives are primarily to explore three different levels of funding for the rehabilitation efforts (e.g. below budget, at budget, above budget levels of funding), types of material selections, and different playground layouts, but not necessarily completely different design concepts. Provide “cut sheets” of materials and equipment and coordinate with playground manufacturers to produce a 3-D graphic of the selected playground equipment. • Review alternatives with City staff to obtain feedback. Make adjustments to the scope of work and materials and equipment selections based on City staff direction.
• Prepare for and attend the City Council’s Events, Communications, and Beautification Committee (“ECBC”) meeting to review the alternatives with the Committee, receive feedback, and potentially to select a preferred alternative. • Refine the preferred alternative per City comments and direction. • Prepare for and attend a second ECBC meeting to present the refined preferred alternative design concept and to receive feedback.
• Based upon the refined preferred alternative design concept, develop a preliminary design plan and more detailed cost estimate for City staff review to ensure the available budget and estimated construction costs are coordinated. • Prepare for and attend Parks & Recreation Commission meeting and present the preliminary design plan and cost estimate for Commission feedback. • Refine the preliminary design plan and update the cost estimate, as needed. • Prepare for and attend City Council meeting and present the preliminary design plan and cost estimate, and receive feedback.

NOTE: Preliminary design plans are subject to review and approval by the Parks and Recreation Committee and City Council before proceeding with further design plans. Consultant shall provide electronic copies of draft meeting materials to the City for their review and approval at least ten (10) days in advance of meetings and events.

7.2.1.d
Packet Pg. 558 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR

CABOT PARK
22 1407008.1
Final Design Plans (Construction Documents and Specifications):
• Upon approval from City staff, the Parks and Recreation Committee, and the City Council, prepare final design plans, including:
o Construction drawings in AutoCAD digital format and PDF digital format at 1” = 20’0” scale on 24” x 36” sheets. These documents shall encompass:
 Demolition Plan
 Construction/Layout Plan
 Construction Details
 Utility Plans (electrical and plumbing)
 Grading and Drainage Plans
 Signage Plans
 Irrigation Plan and Details
 Planting Plan and Details
o Technical specifications in Greenbook format, digitally in Microsoft Word, to be inserted in City staff produced bid documents. Include technical rubberized surface specification that complies with industry standards. o Comprehensive bid schedule sheet with units and quantities to be inserted in City staff produced bid documents.
• Submit plans to the City of Laguna Hills Building Division for plan check, if required. Meet with City staff to review plan check comments. Submit and revise drawings for up to two additional plan check reviews.
• Attend the “authority to advertise the project for bidding” City Council meeting to answer any questions from the City Council and the public about the final design plans.
• During the bid process, respond to bidder questions, as requested by City staff • During construction, respond to requests for information from the contractor, as requested by City staff.

Optional: Construction Management and Contract Administration Provide optional scope and fee with proposal.

End of Section, continue to next page.

7.2.1.d
Packet Pg. 559 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR

CABOT PARK
23 1407008.1

SECTION V

SCHEDULE OF COMPENSATION/FEES
Compensation will be provided in accordance with Section 2 of the Sample Professional Agreement (Attachment 4). Compensation will be made at the fees and schedule contained in the Proposer’s Proposal/Scope of Work and subject to a Maximum Contract Amount as agreed upon by Proposer and City.

In order to facilitate comparison of proposals, the City requires all compensation proposals to be submitted in the format below based on the tasks and sub tasks as noted in the Scope of Services above.

The Proposer shall provide a cost proposal in a tabular format by task (to be listed by row) with the following items (to listed by column)

1. Staff title, level, name;

2. Hourly rate;

3. Anticipated staff hours
Include subtotals by task and a projected total cost for the entire proposal.

An example is shown below:

Cost Proposal
Service Provider Person 1
Name
Person 2
Name
Person 3
Name
Person 4
Name
Projected
Subtotals
Title Project
Manager
Principal Technician Administrative
Assistant
Billing Rate $190 $155 $135 $95
Task A: 1 3 30 10 $5,655
Task B: 1 2 20 5 $3,675
Projected Totals 2 5 50 15 $9,330
If awarded a contract by the City, the City expects that the fees, rates, and/or unit prices set forth in Consultant's Proposal shall remain fixed and unchanged.

End of Section, continue to next page.

7.2.1.d
Packet Pg. 560 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR

CABOT PARK
24 1407008.1
ATTACHMENT 1

NON-COLLUSION AFFIDAVIT
The undersigned represents and certifies that:

1. This Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation.

2. This Proposal is genuine and not collusive or sham.

3. The Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and has not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in sham proposal or to refrain from submitting to this RFP.

4. The Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Laguna Hills or of anyone interested in the proposed contract.

5. Proposer affirms that all statements contained in the Proposal and related documents are true and correct.

6. Proposer has not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

7. Proposer has not entered into any arrangement or agreement with any City of Laguna Hills public officer in connection with this proposal.

8. Proposer understands that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct. Executed this ______ day of ______, 2024, at ________________, California.
________________________________
Signature of Authorized Representative
________________________________ __________________________________ Name of Authorized Representative Title of Authorized Representative

7.2.1.d
Packet Pg. 561 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR

CABOT PARK
25 1407008.1
ATTACHMENT 2
CONSULTANT’S ACKNOWLEDGEMENT OF COMPLIANCE

WITH INSURANCE REQUIREMENTS FOR

AGREEMENT FOR PROFESSIONAL SERVICES
Consultant agrees, acknowledges, understands and is fully aware of the insurance requirements as specified in Section 5, Insurance Requirements of the attached sample Agreement for Professional Services (Attachment 4) and hereby accepts all conditions and requirements as contained therein.

Consultant:

Name (Please Print or Type)
By:

Consultant’s Signature & Title
Date:

This executed form must be submitted with proposal.

7.2.1.d
Packet Pg. 562 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR

CABOT PARK
26 1407008.1
ATTACHMENT 3

CERTIFICATION OF PROPOSAL

TO THE CITY OF LAGUNA HILLS
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP). By signing the Certification of Proposal (Attachment 3) and submitting a proposal to the City in response to this Request for Proposals, the Proposer hereby represents and certifies that:

A) No elected or appointed official, officer, or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or for any work connected with this proposal; should any agreement be approved in connection with this Request for Proposals (“Agreement”) no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City, shall have any direct or indirect financial interest in the Agreement, or obtain any present, anticipated, or future financial interest or other material benefit arising therefrom;
B) No elected or appointed official, officer, or employee of the City shall have any financial interest, direct or indirect, in the Agreement nor shall any such official, officer, or employee participate in any decision relating to the Agreement which effects his/her personal financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of state law; C) The Proposer and its principals do not have now, nor shall it acquire any financial or business interest that would conflict with the performance of services under the Agreement;
D) Proposer does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy related conditions, political affiliation or opinion, age or medical condition; E) By submitting the response to this request, Proposer agrees, if selected, to furnish services to the City in accordance with this RFP;
F) Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them;
G) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City;

7.2.1.d
Packet Pg. 563 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP City of Laguna Hills

PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR

CABOT PARK
27 1407008.1
H) The proposal response includes all of the commentary, figures and data required by this Request for Proposal.

I) The proposal shall be valid for 180 days from the date of submittal to the City.

I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct.

Executed this ______ day of ______, 2024, at ________________, California.

Name of Proposer:

By:
(Authorized Signature)
Type Name:

Title:

Date:

7.2.1.d
Packet Pg. 564 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP

CITY OF LAGUNA HILLS
24035 El Toro Road •Laguna Hills, California 92653 • (949) 707-2600 • FAX (949) 707-2633 Website: www.lagunahillsCA.gov
February 20, 2024
SUBJECT: Addendum No. 1 to RFPs for Professional Park Design Consulting Services for (1) Cabot Park, (2) El Conejo Park & MacKenzie Park, and (3) Veeh Ranch Park & San Remo Park
To All Consultants:

This Addendum No. 1 is being issued for the subject three RFPs:
• Professional Park Design Consulting Services for Cabot Park; • Professional Park Design Consulting Services for El Conejo Park & MacKenzie Park; and • Professional Park Design Consulting Services for Veeh Ranch Park & San Remo Park.

Because of interest in the RFPs and the early questions being posed, the City has decided to issue this early response to questions as Addendum No. 1.

Questions may continue to be presented to the City until February 26, 2024 at 5:00 p.m. via email to [email protected].

The next addenda issued (in response to questions posed) will occur on February 29 by 5:00 p.m.

Listed below are the questions received by the City (as of February 20, 2024 at 3:00 p.m.) and the City’s responses:

Questions and Responses for all RFPs:

1. Is it the City’s intent to have a California-registered landscape architect be the prime consultant on these projects or may other disciplines allowed to be the prime? Response: Yes, it was the City’s intent for a California-registered landscape architect to be the prime consultant on these projects. However, this does not preclude other disciplines from serving as the prime consultant. As indicated in the RFP, the eventual scope of work and design effort will be heavily influenced by the community survey process, the chosen consultant(s) will need to have a strong background in conducting community outreach efforts. In addition, the chosen prime consultant should have a strong background in park and playground design services.

2. Will the City adjust the insurance requirements indicated in the sample Professional Services Agreement upon request?
Response: No.

7.2.1.d
Packet Pg. 565 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP February 20, 2024
Addendum No. 1 to RFPs for Professional Park Design Consulting Services

24035 El Toro Road •Laguna Hills, California 92653 • (949) 707-2600 • FAX (949) 707-2633 Website: www.lagunahillsCA.gov

3. Will the City allow changes to the sample Professional Services Agreement upon request? Response: The consultant should expect that no substantial changes will be made to the sample Professional Services Agreement. Sections or text in the Agreement that the consultant believes are “non-applicable” items, such as any prevailing wage requirements, will remain in the contract but will not apply if the work conducted does not trigger such requirements.

4. Is the non-collusion affidavit submittal requirement only for the prime consultant? Response: Yes.

5. In Section C, the request for a list of all previous and current clients, is this for the prime firm only?
Response: Yes, it is for the prime firm only.

6. Within Section II, “Proposal Response Requirements,” Subsection C, “Resumes and Qualifications of Personnel,” the RFP states the following:

Professional Memberships/Registrations/Licensure/Certifications: Separately, please include a complete list of all previous and current clients.

The text after “Separately,…” appears to be a typo. Please clarify what we should provide.

Response:

Please include in the personnel resumes any professional memberships, registrations, licensures, and certifications for that person.

Separate from the resumes but within the proposal, please include a complete list of all previous and current clients.

7. Is the City open to using one consultant for all three projects (all five park rehabilitation projects (Cabot Park, El Conejo Park, MacKenzie Park, Veeh Ranch Park, and San Remo Park)?
Response: Yes.

8. Under Proposal Evaluation and Selection, it states:

The City intends to enter into a multi-year Professional Services Agreement to fulfill the City’s needs.

However, under Scope of Services, it states:

The City is expecting final design plans and specifications to be completed within nine (9) months of the contract award.

Can you confirm what is the term of the contract?
Response:

The inclusion of the statement, “the City intends to enter into a multi-year Professional Services Agreement to fulfill the City’s needs” is a typo and should not have appeared in the RFP.

The term of the contract will be for possibly three years to cover design and, if optionally awarded, construction management and contract administration services, if proposed.

7.2.1.d
Packet Pg. 566 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP February 20, 2024
Addendum No. 1 to RFPs for Professional Park Design Consulting Services

24035 El Toro Road •Laguna Hills, California 92653 • (949) 707-2600 • FAX (949) 707-2633 Website: www.LagunaHillsCA.gov

9. Are current topographical surveys available for each park? Response: No, the chosen consultant will need to conduct its own topographical survey.

10. Are current geotechnical surveys or reports available for each park? Response: No, the chosen consultant will need to conduct its own geotechnical survey.

11. Are as-built drawings available for each park? Are as-built drawings available in AutoCAD?
Response: Yes, as-built drawings are available in PDF format only. AutoCAD drawings are not available.

12. Will we need to have a civil engineer on our team for survey and grading? Response: Yes, the chosen consultant should have a civil engineer on its team. The RFP states civil engineering should be an included discipline on the team, and deliverables include grading and drainage plans. As stated in the RFP, the scope of work at each park may expand after community survey results and cost estimates are presented to City Council, so City staff wants to ensure the chosen consultant is multi-faceted.

Please also see Question 15 below and the response regarding how to structure your proposal.

13. Should the evaluation of each park include Americans with Disabilities Act compliance parkwide or just at the playground?
Response: The evaluation should be parkwide within the limits identified in the RFP boundary map.

14. The PS&E deliverables indicate “signage.” What signage shall be considered as part of the base project?
Response: The signage possibly contemplated for replacement is the park identification sign at the entrance to each park. However, this is a minor deliverable and should not be a focus of your proposal.

15. The RFP indicates that the primary improvements will be upgrades to the play equipment and safety surfacing, which would not require a planting plan or utilities plans.

Would you like us to assume that these services would be optional tasks based on community input on additional services?
Response: Yes, this would be a good method of structuring the proposal (and the separate fee proposal).

7.2.1.d
Packet Pg. 567 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP February 20, 2024
Addendum No. 1 to RFPs for Professional Park Design Consulting Services

24035 El Toro Road •Laguna Hills, California 92653 • (949) 707-2600 • FAX (949) 707-2633 Website: www.LagunaHillsCA.gov

16. Will the City be continuing with limiting all park playground equipment to its standard manufacturer, Landscape Structures, Inc (LSI), or will the City be looking for equipment from multiple manufacturers in these playground renovation projects? Response: The City has been having difficulty with getting spare parts from LSI for repairs to existing playground equipment. City staff learned from LSI that the company is undergoing an internal reorganization and, currently, part orders are not being fulfilled.

Therefore, the City is open to finding another company for playground equipment.

17. The RFP includes proposed budgets for the projects. Can you confirm if this is for both design and construction? Is this the amount set for the confirmed improvements to the playground and would there be additional budget for additional amenities if the community is interested in pursuing them?
Response:

The proposed budgets listed in the RFP are for construction only.

Note: There were some typos in the RFPs concerning total budgets. Please use the budgets below.

Specifically, the City has allocated the following budgets for the following construction scopes of work:
• Cabot Park: $417,000 has been budgeted for removal of the existing playground equipment and rubber surfacing and replacement with new playground equipment and rubber surfacing.
• El Conejo Park: $455,000 has been budgeted for removal of the existing zipline structure and the installation of a small age 2-5 playground, replacing worn components on the age 5-12 playground, and replacement of all rubber surfacing.
• MacKenzie Park: $360,000 has been budgeted for removal of the existing large age 5-12 playground and the installation of two small playground units for age 2- 5 and age 5-12, and replacement of rubber surfacing.
• San Remo Park: $410,000 has been budgeted for replacement of existing playground equipment with new playground equipment, and replacement of all rubberized surfacing. The Laguna Terrace Association has also requested the conversion of the volleyball area into a barbecue area (an additional $100,000 has been allocated for this work).
• Veeh Ranch Park: $500,000 has been budgeted for the replacement of all playground equipment, replacement of light fixture standards throughout the park, and replacement of rubber surfacing.

7.2.1.d
Packet Pg. 568 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP February 20, 2024
Addendum No. 1 to RFPs for Professional Park Design Consulting Services

24035 El Toro Road •Laguna Hills, California 92653 • (949) 707-2600 • FAX (949) 707-2633 Website: www.LagunaHillsCA.gov
Dependent on the results of the community surveys, probable construction costs, and direction from the City Council, additional funds may be budgeted for additional park rehabilitation efforts or if additional funds are needed to accomplish the scopes listed above.

Therefore, the chosen consultant(s) will be expected to evaluate and inventory all of the other existing improvements at each park, as described in the RFP, to aid in determining the park rehabilitation scope of work.

18. Is the City interested in water-based play features for its parks? Response: While the City may wish to eventually construct a water-based play feature in one of the City’s parks, such a play feature may be best suited to siting at the Community Center & Sports Complex (which is not within the scope of these RFPs) due to the upfront capital and ongoing operations and maintenance costs. Accordingly, a water-based play feature is not contemplated at any of the parks in the RFPs.

If you have any additional questions about the RFPs, please send your questions to [email protected]. The City plans to release another addendum by 5:00 p.m. on February 29, 2024.

Sincerely,
Joe Ames, P.E., T.E.

Public Works Director/City Engineer

7.2.1.d
Packet Pg. 569 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP

CITY OF LAGUNA HILLS
24035 El Toro Road •Laguna Hills, California 92653 • (949) 707-2600 • FAX (949) 707-2633 Website: www.lagunahillsCA.gov
February 27, 2024
SUBJECT: Addendum No. 2 to RFPs for Professional Park Design Consulting Services for (1) Cabot Park, (2) El Conejo Park & MacKenzie Park, and (3) Veeh Ranch Park & San Remo Park
To All Consultants:

This Addendum No. 2 is being issued for the subject three RFPs:
• Professional Park Design Consulting Services for Cabot Park; • Professional Park Design Consulting Services for El Conejo Park & MacKenzie Park; and • Professional Park Design Consulting Services for Veeh Ranch Park & San Remo Park.

Because of interest in the RFPs and the early questions already posed, the City released Addendum No. 1 on February 20, 2023.

Please review the questions and answers in both Addendum No. 1 and this addendum, Addendum No. 2.

Questions may no longer be submitted. This Addendum No. 2 answers any remaining questions that City staff determined warranted a response.

Questions and Responses for all RFPs:

1. How can we prepare a fee proposal for professional design services when we don’t know what input may come from the Community Outreach process which would affect the final scope of work?
Response: City staff recognizes this challenge. City Council did not want to first embark on a Parks Master Plan that would have provided a scope of work for each park. Instead, to “fast-track” these park rehabilitation efforts, these RFPs contemplate a two-step approach: (1) parks master planning-type work consisting of: (a) inventorying existing park improvements and (b) community outreach and needs assessment, followed by: (2) design efforts that include (a) preliminary design, and (b) final design.

Proposers should provide a narrative proposal and a fee proposal that focuses on the known, desired improvements, as stated in the RFPs and Addendum No. 1, while also providing information on optional services that may be required if the design scope of work is enhanced.

As a reminder, Section V: Schedule of Compensation Fees states:

7.2.1.d
Packet Pg. 570 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP February 27, 2024
Addendum No. 2 to RFPs for Professional Park Design Consulting Services

Compensation will be made at the fees and schedule contained in the Proposer’s Proposal/Scope of Work and subject to a Maximum Contract Amount as agreed upon by Proposer and City (emphasis added).

It is very likely that, upon selection of the best qualified firms from the narrative proposal, City staff will have to negotiate compensation schedules with the best qualified firms. This negotiation may include refinement of the submitted fee proposal to cover the desired scope of work.

Nevertheless, per the RFP, proposers shall provide a cost proposal in tabular format by task. Therefore, the cost proposal may solely focus on the known, desired improvements as stated in the RFPs and Addendum No. 1, with a schedule of hourly rates for other possible tasks and specialty disciplines.

Addendum No. 1 also included information about the City’s needs for geotechnical engineering, topographical information, ADA review, etc. Proposers shall consider this in their narrative and fee proposals.

Regarding other tasks and specialty disciplines, the RFPs state the following:

The Consultant shall assemble a team to provide all key services related to the necessary architecture and engineering to produce a complete, biddable, and constructible design package. The City anticipates that such a design team may include, but is not limited to, specialists in the following fields:
• Park Design
• Landscape Architecture
• Civil Engineering
• Geotechnical Engineering
• Mechanical, Electrical, and Plumbing Engineering
• Utility Coordination
• Environmental Consulting
• Cost Estimating
The expectation is proposers are design firms that are multi-disciplinary or that have ready access to sub-consultants that have specialists in the fields listed above, likely led by a landscape architect that specializes in community outreach efforts and park and playground design services. Therefore, proposers should be able to readily provide hourly rates for other possible tasks and specialty disciplines.

2. Please clarify what can be excluded from the proposal page counts.

Response: The following items may be excluded from the proposal page counts:
• Front and back cover pages;
• Tabular or dividing pages;
• Table of contents and indexes;
• City required forms (as the RFP already stated) which may be placed behind separate tabular or dividing pages;
• Resumes: This may now be excluded from the page count to alleviate the many concerns we’ve received from proposers regarding how to include all the required information in 30 pages; and

7.2.1.d
Packet Pg. 571 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP February 27, 2024
Addendum No. 2 to RFPs for Professional Park Design Consulting Services

• Compensation/payment schedule (fee proposal): The compensation/payment schedule (fee proposal) is to be submitted in a separate, sealed envelope as described in the RFP, so this would not count toward the page count.

3. In Addendum No. 1 on page 2, question 6, it states: “Separate from the resumes but within the proposal, please include a complete list of all previous and current clients.” Can we limit this list to include only recent relevant clients (due to page limit concerns)? Response: Elsewhere in the RFP under Section II: Proposal Response Requirements, Subsection B, there is discussion of providing lists of comparable contracts in the past (5) five years. Consequently, proposers may limit their “complete list of all previous and current clients” to all clients in the past (5) years.

4. In Section IV: Scope of Services, Final Design Plans (Construction Documents and Specifications), please clarify why the last two bullet points: “During the bid process, respond to bidder…” and “During Construction, respond to requests…”, are in this portion of the scope of services, and not in the “Optional: Construction Management and Contract Administration.” We would typically consider those tasks to be better suited for the Construction Management and Administration portion of the services and just wanted to confirm if this was a typographical error.

Response: The City considers this work necessary for all of the park projects in the RFP.

We envision “Construction Management and Contract Administration” to be providing daily inspection and oversight of the project and managing the actual construction contract, similar to construction management services provided by a civil engineering firm. If you

5. What do you mean by no notebooks? Can we submit 11” x 17” pages that will count as only one page? Can we use font smaller than 10-point font on tables, etc.? Can we use colored paper?
Response: All proposals shall be formatted and submitted on 8.5” x 11” pages ONLY and hardcopies secured with binder clips ONLY. We do not want to receive spiral-bound or spine-bound proposals, stapled proposals, etc. There is no need to use thick cardstock for front and back covers. No part of the proposal shall include font smaller than 10-point font. Feel free to use colored paper, especially for tabular or dividing pages.

6. Will the existing park playground boundaries serve as the boundaries for future playground renovations?
Response: Proposers should assume this, yes.

7. Can the consultant select a preferred company to work with for all park playground equipment renovations?
Response: The consultant may make recommendations for which playground manufacturer(s) to use, but the consultant should allow the City to review and choose a playground equipment manufacturer during the design process. While the City has used Landscape Structures, Inc. (LSI) as its standard manufacturer for past playground replacement projects, we have run into issues procuring replacement parts lately. The City

7.2.1.d
Packet Pg. 572 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP February 27, 2024
Addendum No. 2 to RFPs for Professional Park Design Consulting Services

may, during the design process, require the consultant to use a singular alternative manufacturer of playground equipment.

8. What type of environmental consulting is needed?
Response: No change of use is anticipated. The City plans to file categorical exemptions for the work.

9. Will there be pre-proposal site meetings?
Response: No. All of the sites are publicly accessible.

10. Will the City consider extending RFP deadlines?
Response: No.

11. Do we need to include/consider Water Quality Management Plan (WQMP) development efforts as part of our scope of work? Do we need to include hydrology and hydraulic studies in our scope of work?
Response: Not at this time. The scopes of work and types of work contemplated at this time are primarily focused on playground and rubber surfacing replacements. While the community outreach efforts may result in expansion of the scope of work, City staff does not believe the expansion(s) of work will result in the replacement of 5,000 square feet or more of impervious surface areas that are non-exempt from the WQMP development requirements.

12. Will the City remove the following language in Section 5.2.D.1 of the sample Professional Services Agreement related to insurance?
“The policy shall be endorsed to provide the following: Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.”
The requirement to provide a contractual liability endorsement exceeds the scope of commercially available professional liability insurance.

Response: Dozens of firms have entered into the same Professional Services Agreement, or are currently engaged under this same PSA, without any objections. If it is true that commercially available professional liability insurance can not be endorsed in the manner required in the Agreement, then we will consult with the City Attorney and our insurance carrier on this request.
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7.2.1.d
Packet Pg. 573 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP February 27, 2024
Addendum No. 2 to RFPs for Professional Park Design Consulting Services