No further questions may be submitted at this time regarding the RFPs.
We thank you in advance for submitting your proposal.
Sincerely,
Joe Ames, P.E., T.E.
Public Works Director/City Engineer
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Packet Pg. 574 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Cabot Park) (3521 : Award of Professional Services Agreements, CIP 1837572.1
1 PROFESSIONAL SERVICES AGREEMENT
David Volz Design Landscape Architects, Inc.
Landscape Architectural Design Services for El Conejo Park and Mackenzie 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 DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, 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 El Conejo Park and Mackenzie 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
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Packet Pg. 575 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 1837572.1
2 landscape architectural design consulting services for the Project as set forth in the 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 El Conejo Park and Mackenzie 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.
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Packet Pg. 576 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 1837572.1
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
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Packet Pg. 577 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 1837572.1
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 Seventy Three Thousand Seven Hundred Dollars ($173,700.00) (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
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Packet Pg. 578 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 1837572.1
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
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Packet Pg. 579 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 1837572.1
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: David J. Volz, 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
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Packet Pg. 580 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 1837572.1
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,
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Packet Pg. 581 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 1837572.1
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
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Packet Pg. 582 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 1837572.1
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. 583 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 1837572.1
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,
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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
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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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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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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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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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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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18 To Consultant: David Volz Design Landscape Architects, Inc.
Attention: David Volz, President
151 Kalmus Drive, Suite M8
Costa Mesa, California 92626
Telephone: (714) 641-1300
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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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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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]
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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”
DAVID VOLZ DESIGN LANDSCAPE
ARCHITECTS, INC., a California
corporation
By:
DAVID J. VOLZ,
President & Secretary
By:
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EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
FOR
PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN SERVICES FOR THE EL
CONEJO PARK AND MACKENZIE PARK REHABILITATION PROJECT
DATED: MARCH 11, 2024
SCOPE OF SERVICES FOR PROJECT
INCLUDING,
SCHEDULE OF PERFORMANCE
AND
SCHEDULE OF COMPENSATION/ FEES
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Landscape Architects and Park Planners
David Volz Design
Designing landscapes that create community
MARCH 11, 2024
To Provide Professional Landscape Architectural Design Services for
CITY OF LAGUNA HILLS
DESIGN SERVICES FOR EL CONEJO PARK &
MACKENZIE PARK
7.2.1.e
Packet Pg. 597 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services Corporate Office
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
714.641.1300
Coachella Valley Office
78060 Calle Estado
La Quinta, CA 92253
760.580.5165
San Jose Office
111 North Market Street, Suite 300
San Jose, CA 95113
669.444.0461
San Diego Office
4660 La Jolla Village Dr, Suite 100 #1834
San Diego, CA 92122
858.2471222
March 11, 2024
Joe Ames
Public Works Director
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
RE: PROPOSAL TO PROVIDE PROFESSIONAL LANDSCAPE ARCHITECTURE DESIGN SERVICES
FOR EL CONEJO PARK AND MACKENZIE PARK
Dear Mr. Ames,
El Conejo Park and MacKenzie Park are in need of playground renovations. David Volz Design is an awardwinning park planning firm, and we would very much like to work with you to deliver an outstanding new play opportunities for these parks.
In this proposal, we have identified several recent and ongoing projects for you to consider. As you review our expertise and experience, please consider the unique and proven benefits of the David Volz Design team.
EXPERIENCE ON SIMILAR PROJECTS – David Volz Design (DVD) has been commissioned on hundreds of park projects similar to your El Conejo Park and MacKenzie Park. This work has resulted in accolades from community groups and industry design awards. The projects we have been working on recently include: the refurbishment of four parks in Irvine, including Hicks Canyon Park, which opened in February of 2024, Penn Park in Whittier, which also opened in February of 2024, Primrose Park in Temple City and Rick Gomez Park in Buena Park which both opened in 2022 and Santiago Park in Santa Ana which opened in 2023 and received a CPRS award last week. We currently have a dozen playground projects in design and construction, including Brea, El Monte, Gardena, Huntington Park, Baldwin Park, Huntington Beach, Manhattan Beach, and Diamond Bar. We also designed and delivered Stanton Central Park, which was featured on the CPRS Park Operations Tour.
QUALIFICATIONS OF THE DESIGN-BUILD TEAM – The DVD team, including our trusted core of creative design professionals, has successfully delivered many of Southern California’s finest park facilities. Our team members are well-versed in interdisciplinary coordination and have an excellent track record of delivering fun and exciting recreational opportunities and play spaces. This includes many of Southern California’s most recognizable theme playgrounds. Our team of creative Landscape Architect have designed many themed destination playgrounds from various themes from Western Wagon Trains to Pirate Ships, and Sports themes. DVD will provide the creative flair that makes our parks special places for play and recreation.
PROJECT DELIVERY – Our team utilizes GIS and specialized software to streamline the gathering and organization of project information. We can work to expedite project delivery by providing live Bluebeam sessions and virtual page-turns, reducing turn-around time, and engaging staff, product manufacturers, and consultants. It allows us to improve communication, assign action items, highlight important project aspects, and raise questions sooner to all expediting the delivery process.
Designing landscapes that create
community...
Leveraging location-based
technologies to create a smarter world
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Packet Pg. 598 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services Corporate Office
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
714.641.1300
Coachella Valley Office
78060 Calle Estado
La Quinta, CA 92253
760.580.5165
San Jose Office
111 North Market Street, Suite 300
San Jose, CA 95113
669.444.0461
San Diego Office
4660 La Jolla Village Dr, Suite 100 #1834
San Diego, CA 92122
858.2471222
RESPONSE TO THE PROJECT CHALLENGES – The design expertise required for the planning and design at this park property is matched by the DVD offerings in this proposal. Our team has carefully reviewed the park site, identified development opportunities, and provided, in this proposal, a proven strategy for delivering a new playground.
Park planning and delivery are our passions, and we will provide outstanding service at this important commission. My firm and I look forward to working with you and your staff on this exciting playground renovation project.
I have read, understood and agreed to all statements in the request for proposal and acknowledge receipt of addenda 1 and 2.
Very truly yours,
DAVID VOLZ DESIGN
David J. Volz, R.L.A. # 2375
LEED Accredited Professional, QSD/QSP
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17 19
20 Company Data
Firm Profile
Project Experience
Litigation
Resumes & Qualifications of Personnel
Resumes
Subconsultants
Organizational Chart
References
Project Understanding, Overview &
Approach
Understanding & Approach
Creative Playgrounds
Sustainability
Community Outreach
Graphic & Renderings
Communication Plan
Scope of Services
Quality Control
Appendix
Certifications
Letters of Recommendation
Fee Proposal (Separate)
Fee Proposal
Hourly Rate Schedule
21 23
24 25
26 27
30 7.2.1.e
Packet Pg. 600 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 5 FIRM QUALIFICATIONS
David Volz Design (DVD) is committed to the creative
design of outstanding public spaces. We develop
landscapes, parks, sports fields, and streetscapes to
meet the specific needs of their communities. DVD
designs special environments for those who seek
recreation in a beautiful setting: wonderful
natural environments for those who are
simply looking for respite, and for those
who pursue recreation and competitive
athletic endeavors on the playing
field. Our firm capitalizes on what
the site and nature has to offer. For
all of our commissions, we work to
enhance the site’s use, working within
environmentally sound parameters
while taking full advantage of the site
and its surroundings to best service the
community’s needs.
We provides a wide range of services to our
public agency clients: site planning, budgeting
and preparation of construction documents are the
mainstays of the services we provide. Public facilities and landscape improvements we have designed are evident
in communities throughout Southern California. We have
successfully delivered award-winning public landscape
important projects in all over California
We strive to stay on top of the constantly changing world of the construction industry and its pricing. We regularly analyze what is happening with projects during estimating and bidding process to ensure that we are as close
as possible to our clients’ budget. We have been very
successful in tracking costs.
Our company understands the importance of protecting
the environment, protecting our resources and the
health of future generations. DVD is proud to be a LEED Accredited and a Qualified Stormwater Designer QSD
company. We understand the commitment we have to the
public to deliver quality projects that offer a high return for the public funds invested; projects that can be maintained and deliver a lifetime of service to the communities they are built for.
Our team will be easy to work with, creative, and responsive.
We live by our mission statement to “create community”
through our designs. Together our firm will be a pro-active knowledgeable resource for your city staff.
PLANNING & DESIGNING
Demonstration gardens, mitigation & restoration
Nature parks, interpretive gardens &
wilderness camps
Streetscape development & redevelopment
Community, Neighborhood & mini-parks
Facility master plans & feasibility studies
School fields & campus planning
Irrigation renovation & redesign
Design guidelines & standards
Sports parks & stadiums
Grant applications
& GIS
Founded in 1997
25 years in business
S-Corporation-CA
Never filed for
bankruptcy
Wholly-owned Business
16 employees
David Volz RLA#2375
Gary Vasquez RLA #3883
Eric Sterling RLA#5463
Luis Pedraza RLA#6782
LEED Accredited
SBE
“DVD continues to build its reputation
on creativity and service in the design
of outstanding public spaces. We create
high quality public spaces for our clients’
communities and neighborhoods. We work with
public agencies and the people they serve to
develop innovative landscapes of outstanding
beauty.”
Contact Person:
David Volz, President, RLA,
LEED AP, QSD/QSP
714-641-1300
[email protected]
Like us on Facebook!
Follow us on Instagram!
@davidvolzdesign
www.dvolzdesign.com
7.2.1.e
Packet Pg. 601 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 6 PROJECT EXPERIENCE
The City of Costa Mesa wanted to renovate their existing park and playground south of their new Donald Dungan Library. The directive for Lions Park was to remove and replace the restroom building and preserve the mature trees as well as install a new playground and retain a vintage fighter jet play structure in place.
The program for users would be for ages 2 to 5 years and 5- to 12-year-old children including universal access. The programming of the play elements and surfacing of the playground design was inspired and driven by the jet fighter and an overall aviation theme. The site was zoned with the 2- to 5-year-olds to the west with swings with accessible seating for all, springers and small playhouse within rubber surfacing and a planter separation to a sand lot with sandcastle, table, and digger within as added play elements for toddlers. The 5- to 12-year-old area utilizes the renovated jet plane and a 2 towered play structure with several climb and interactive elements. The aircraft carrier rubberized surfacing pattern in between the structure and jet lent the deck of the aircraft carrier to be utilized as a runway for a zipline feature that allows the users to imagine flying over the deck. Additional program elements are swings and accessible seesaw and
round-a-bout for all completing the playground. The mature tree canopies allowed families to have instant shade provided while their children engaged the site.
Client: City of Costa Mesa
Reference:
Hector Soriano
Associate Engineer
(714) 754-5045
[email protected]
Key Elements:
• Universally accessible play
equipment
• Refurbished Fighter Jet
• Zipline swing
• Drought tolerant plantings
• Restroom
Services provided:
• Community Outreach
• Master Plan
• Construction Documents
• Construction Period Services
Acreage: approximately 1
Start Date: Feb 2018
Completion Date: July 2021
Design Cost: $219,415
Construction Cost: $2.4 million
DVD Project Manager: Gary
Vasquez
Staff: David Volz, Paul Cassar, Luis
Pedraza, Dana Bull
Subconsultants: DMS
Consultants, Design West
Engineering
More Costa Mesa Projects:
Harbor Blvd Bike Trail
Katella Avenue Westside Improvements
Harbor Blvd Medians
7.2.1.e
Packet Pg. 602 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 7 PROJECT EXPERIENCE
More Buena Park Projects:
Client:
City of Buena Park
Reference:
“David Volz Design has always
provided the City of Buena Park
with high-quality professional
services for these projects and
many others.”
Jim Box
Director of Community Services
(714) 562-3850
[email protected]
Key Elements:
• Universally Accessible play lot
• Baseball Theme
• Walking Track
• Exercise Equipment
• Pictorial Kiosks
Services provided:
• Master Plan
• Community Outreach
• Construction Documents
• Construction Period Services
Start Date: July 2020
Completion Date: February 2022
Design Cost: $176,743
Construction Cost: $1.4 million
DVD Project Manager:
Gary Vasquez
Staff: David Volz, Paul Cassar,
Luis Pedraza
Subconsultants:
NV5, Design West Engineering
On some leftover land below the Western Avenue freeway bridge, a simple idea started a chain of events that delivered a special green space to an under-served neighborhood. The project started as a small “greening” project at the end of the 8th Street cul de sac. The project gained momentum as the city’s leaders pushed forward an initiative to purchase blighted residential lots at the end of the street. Rick Gomez, a beloved long-time coach and youth advocate in Buena Park was memorialized through the theme and detailing of the park and playlot. “Get your mitts” his favorite saying adorns the sign behind the large baseball casting.
The play equipment is an imaginative ballfield with climb-through gloves, larger-than-life bats, home plate, and baselines. There are even authentic bleacher seats salvaged from the Angels and the Dodgers stadium renovations. A special service of seven pictorial kiosks chronicles some fun moments of Coach Gomez’s work with the community’s youth.
This inviting green space is based on everything a neighborhood park should offer. Swings and climbers slide open turfgrass.
There are benches and picnic spaces, exercise equipment, and multigenerational activity areas. All accessible swing riders, close by caregiver seating, pleasant, shaded walking paths, and quick hook spaces sprinkled throughout the site. Community engagement in the park design was a highlight of the planning process. Through on-site and recreation center design workshops, the neighborhood and the community influenced every aspect of the park design. There was enthusiastic support from the extended Gomez family and many Rick supporters.
Community Gardens Whitaker Park
7.2.1.e
Packet Pg. 603 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 8 PROJECT EXPERIENCE & REFERENCE
Santiago Park, located in Santa Ana, is a captivating embodiment of an innovative approach to landscape architecture. This natural haven, radiates a sense of tranquility while offering an array of engaging amenities. The centerpiece is undoubtedly the amphitheater, thoughtfully integrated into the park’s layout.
The park’s organic design philosophy is further accentuated by the inclusion of strategically placed picnic tables that encourage relaxation and social interaction amidst the soothing embrace of nature.
As one ventures through Santiago Park, the meticulously designed walking trails weave an intricate tapestry that connects visitors with the park’s abundant natural beauty. The careful balance struck between the park’s landscape and the functional trails, creating an immersive experience that allows individuals to immerse themselves in the serene surroundings. Complementing the park’s multifaceted appeal, a small playground beckons to younger visitors, offering a space for exploration and play. This holistic approach to design underscores to crafting public spaces that resonate with the essence of the community they serve.
Client: City of Santa Ana
Reference: Suzi Furjanic
(714) 571-4241
[email protected]
Key Elements:
• Native plantings
• Entry monument
• Ampitheater
• Playground
• Walking trails
• Picnic tables
Services provided:
Concept Plan
Design Development
Construction Documents
Construction Period Services
Size: 3.8 acres
Start Date: April 2021
Completion Date: Oct. 2023
Design Cost: $179,343
Construction Estimate: $16
million
DVD Project Manger:
Gary Vasquez
Staff:
David Volz, Luis Pedraza, Dana
Bull
7.2.1.e
Packet Pg. 604 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 9 PROJECT EXPERIENCE
Hicks Canyon Park in Irvine has recently undergone a remarkable renovation, breathing new life into this beloved community space.
The introduction of updated batting cages has brought a wave of excitement to sports enthusiasts of all ages, providing a perfect place for aspiring baseball and softball players to hone their skills.
Accompanied by comfortable bleacher seating, family and friends can now cheer on their athletes while enjoying the games. But the park’s enhancements go beyond sports, as a well-designed exercise area now offers outdoor fitness equipment, encouraging a healthy and active lifestyle for visitors.
For families, Hicks Canyon Park has introduced new and engaging playgrounds that are sure to delight children. These thoughtfully designed play areas provide a safe and entertaining environment for kids to explore and have fun. The park’s transformation signifies a commitment to fostering a sense of community, offering an array of amenities that cater to the diverse interests and needs of residents. Hicks Canyon Park is more than just a park; it’s a dynamic, inclusive space that encourages physical activity, social interaction, and memorable experiences for everyone in the Irvine community.
Client:
City of Irvine
Reference:
Anthony Caraveo
Senior Project Manager
(949) 724-7555
[email protected]
Key Elements:
• Themed playground
• Batting cages
• Shade structures
• Fitness equipment
Services provided:
• Conceptual Design
• Design Development
• Construction Documents
• Construction Period Services
Acreage: approximately 1
Start Date: 2018
Date of completion: Feb. 2024
Cost of Design: $ 76,750
Cost of Construction: $
DVD Project Manager: Sarah
Moon
Staff: David Volz, Gary Vasquez,
Eric Sterling, Paul Cassar, Luis
Pedraza, Dana Bull
Subconsultants: DMS
Consultants, Design West
Engineering
More Irvine Projects:
Irvine Civic Center Mike Ward Pickleball
7.2.1.e
Packet Pg. 605 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 10 PROJECT EXPERIENCE & REFERENCE
Primrose Park is envisioned as a new recreational community park for this central section of the city. This park will be the first park installed within the city in over 50 years and was granted funded by Proposition 68. The vision of this new park is a vibrant activity space that would include: a playground, community space for fitness and wellness activities, a walking exercise loop, and new parking lot. The park is enclosed by a boundary fence utilizing decorative metal fence types of pickets within the site and along the alley with screening panels along Primrose Avenue. Just over the fence within the park will be a landscape buffer of planting with an art piece on a pedestal with lighting as a focal point at the corner between the park and parking lot to lead the eye into the site. A walking exercise loop with rubber surfacing and wayfinding lighting will encircle the whole park with two entries, a main gateway at the center of the site and a secondary gateway along Primrose Avenue, both to be locked at dusk. The play equipment layout has dedicated areas suited for 2-to-5-year old’s and 5-to-12- year old’s which also incorporates a custom flower shaped shade structure within the main piece of equipment. The playground with the theme and layout inspired by flowers taking elements of the park’s namesake Primroses and Camelias as depicted within the City Seal and logo, also taking elements of the color palette to be used throughout the park.
Client:
City of Temple City
Reference:
Adam Matsumoto
Director of Parks & Recreation
(626) 285-2171 ex. 4505
[email protected]
Key Elements:
• Prop 68 grant funded
• Themed play
• Walking path
• Low use water system
• Drought tolerant plantings
• Exercise Equipment
• Restroom
• EV Charging stations
Services provided:
• Grant Application Assistance
• Community Outreach
• Concept Design
• Design Development
• Construction Documents
• Bidding Assistance
• Construction Period Services
Size: 1 acre
Start Date: June 2018
Completion Date: February 2022
Design Cost: $195,279
Construction Cost: $2.4 Million
DVD Project Manager:
Gary Vasquez
Staff: David Volz, Luis Pedraza
Subconsultants:
DMS Consultants, Design West
Engineering
7.2.1.e
Packet Pg. 606 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 11 COMPANY DATA
Orange Unified School District vs. David Volz Design
Our longtime and ongoing client, Orange Unified School District has had issues with a construction contractors’ earthwork on a project that DVD designed. As the soils engineer was originally hired by DVD and latter by the contractor, our firm has been included in a broad action that is working through the initial findings. DVD’s relationship with the OUSD remaining good as can be attested by the Facilities Director at the District. As this ligation is ongoing, if additional information is needed about this topic, please call David Volz directly.
7.2.1.e
Packet Pg. 607 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 12 RESUMES
ROLE: Works extensively on the
development process from inception
through master plan development,
construction document preparation,
contract administration, and on-site
inspection. He managed the project to
ensure adherence to established project
budgets, and schedules.
RECENT PROJECT EXPERIENCE
RICK GOMEZ PARK
Client: City of Buena Park
The project started as a small “greening”
project at the end of the 8th Street culde-sac. Rick Gomez, a beloved long-time coach and youth advocate in Buena Park
was memorialized through the theme
and detailing of the park and playlot.
STANTON CENTRAL PARK
Client: City of Stanton
Stanton Central Park is the city’s largest
recreational open space encompassing
11.5 acres with features encouraging
activity and exercise for a city whose
citizen’s never had a community park.
Attentive design work was aided by the
voiced needs of the community, making
this truly a “people’s park.”
FREMONT PARK
Client: City of Glendale
The park’s ambiance and the many
gathering spaces within the park will be
enhanced by new synthetic turf soccer
fields, community center, play spaces,
picnic grounds, ball courts, and new
lighting.
SANTA ANA SPLASH PADS
Client: City of Santa Ana
The City of Santa Ana has the
opportunity to reimagine a portion of six
existing parks and plan for new splash
pads. This is precious parkland for the
neighborhoods surrounding these parks
each is unique and the DVD team is
ready to develop specialized designed
for each site.
Mr. Vasquez is a highly experienced
and award-winning senior design
leader with 30+ years of experience
in designing multi-faceted projects
throughout California. He is a valuable member of the DVD team providing creative design solutions to any challenges or opportunities that arise. Over the years, Mr. Vasquez has provided high-quality project management on many of
DVD’s most successful and highly acclaimed park projects.
He is known for his ability to deliver innovative and unique designs that meet and exceed client expectations.
One of Mr. Vasquez’s key strengths is his ability to successfully integrate public input into his design projects. He is a key figure in DVD’s community outreach program, and he works tirelessly to ensure that the community’s ideas and input are incorporated into the master plan. This dedication to community input has led to numerous successful projects and has helped to establish DVD as a leader in the design industry. Mr. Vasquez’s expertise in concept development and project planning is complemented by his broad
knowledge of construction detailing, planting and irrigation design. This approach to project delivery ensures that
every aspect of the design is carefully considered, resulting in high-quality project outcomes.
Overall, Mr. Vasquez’s many years of experience, his
awardwinning design abilities, and his dedication to
community input make him an invaluable member of the
DVD team.
EDUCATION
• MLA, Landscape Architecture, 1989
California State Polytechnic University, Pomona
• BS, Ornamental Horticulture, 1986
California State Polytechnic University, San Luis Obispo
REGISTRATION
Landscape Architect, California, #3883, 1992
ACCOMPLISHMENTS
Design of the Year Award, APA 2010
SKILLS
AutoCAD, Adobe Photoshop, Microsoft Office
YEARS WITH DVD: 1997 - present
7.2.1.e
Packet Pg. 608 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 13 RESUMES
Mr. Sterling is a highly experienced
landscape architect with 25+ years
of experience in the field. He is
returning to DVD after a 9-year
absence exploring worldly projects. Throughout his career, he has worked on a variety of projects for public agencies, including recreational parks, streetscapes, school sites, and city design guidelines. He has also worked on multiple projects for Disney parks, including many award-winning designs. One of Mr. Sterling’s strengths is his attention to detail, which has proven invaluable in his work with playground design, the latest construction practices and materials, and ADA accessibility concerns.
He is a key member of the DVD team, responsible for
coordinating the design development plans and carrying
them through to construction drawings. He is known for
his ability to collaborate effectively with a variety of clients, architects, engineers, and designers, and for his successful project management from beginning to end. Mr. Sterling’s responsibilities include ensuring adherence to established project schedules and cost agreements, as well as
monitoring production to deliver the highest quality
products to clients.
He works closely with staff, clients, and agencies to create successful products, and he is especially skilled in working with contractors during construction to ensure that projects are completed successfully. Mr. Sterling is also responsible for plan checking to ensure the successful completion and delivery of projects. Overall, Mr. Sterling brings a wealth of experience and expertise to DVD, and his ability to manage projects effectively from beginning to end, along with his attention to detail, make him an invaluable asset to the team.
EDUCATION
BS, Landscape Architecture, 2001, California State
Polytechnic University, Pomona
REGISTRATION: Landscape Architect, California, #5463
SKILLS
Adobe Creative Suite, Sketch up, AutoCAD, Microsoft
Office
YEARS WITH DVD: 2005-2012 & March 2021 - present
ROLE: Works extensively on the
development process from inception
through master plan development,
construction document preparation,
contract administration, and on-site
inspection. He managed the project to
ensure adherence to established project
budgets, and schedules.
RECENT PROJECT EXPEREINCE
COSTA MESA SANITARY
HEADQUARTERS
Client: Costa Mesa Sanitary District
A turf removal/water conservation project
to provide a boldly vibrant landscape
design which incorporates native
landscape. These outreach programs
include waste reduction, composting
and mulching as well as water saving
irrigation practices and landscape
material selection.
WOLFSON PARK EXPANSION
Client: City of Rancho Mirage
Working hand-in-hand with the
city to deliver a design that meets
the communities’ expectations, the
overall design needed to fit within the
parks’ existing Victorian style while
accommodating new program features.
REFLECTION PARK
Client: City of Desert Hot Springs
The new program includes ADA
upgrades, benches, boulders and
cobble, new native landscape and
irrigation, a reflective monument sign,
and a grid of California Fan Palms. The
Park will utilize energy efficient night
lighting and no turf grass.
WHITAKER ELEMENTARY SCHOOL
PARK
Client: City of Buena Park
An initial opportunity to provide some
dedicated park facilities at Whitaker
School has blossomed into a full of
fledged “new” park across three acres
of school yard. Through a series of
community outreach workshops a plan
has emerged with several exciting and
unique elements.
7.2.1.e
Packet Pg. 609 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 14 Shaun discovered his passion for
bringing projects from concept to
construction fruition. Over the past
15+ years, his diverse experience
has spanned residential, theme
park, and resort projects, exposing him to a wide array of challenges. The satisfaction of witnessing an idea come to life is the result of creative problem-solving and extensive project management.
Throughout his journey, he has established a robust
foundation that he consistently enhance, encompassing
skills in project management, coordination, and
construction observation. Shaun firmly believe that 3D
models and meticulously crafted construction drawings
are instrumental in breathing life into conceptual ideas. This approach has led him to develop innovative techniques and skills that have become standards within the organizations where he has contributed his expertise.
EDUCATION
• B.S. Landscape Architecture, California State
Polytechnic Unversity, Pomona, 2008
REGISTRATION
Landscape Architect, California, #6413
SKILLS:
Adobe Creative Suite, Sketch up, AutoCAD, Photoshop,
Lumion, Illustrator, Microsoft Office
YEARS WITH DVD: 2024 - present
ROLE: Works extensively on the
development process from inception
through master plan development,
construction document preparation,
contract administration, and on-site
inspection. He managed the project to
ensure adherence to established project
budgets, and schedules.
OTHER PROJECT EXPERIENCE
DISNEYLAND AND MAGIC KINGDOM -
Project Cypress
EPCOT - Project Gamma
DISNEYLAND SHANGHAI -
Seven Dwarf Coaster
DISNEYLAND SHANGHAI -
Entry Garden Blue Sky Design
HONG KONG DISNEYLAND -
Explorers Lodge
DISNEY WORLD - Toy Story Land
MOTIONGATE THEME PARK - Dubai
SAN MANUEL YAAMAVA’ - Highland, CA
OCEAN PARK SURF RESORT
Las Vegas, NV
PARADISE EARTH BIOSPHERE
Phoenix, AZ
GLEN IVY HOT SPRINGS RESORT
Corona, CA
HOTEL IRVINE RENOVATION
Irvine, CA
UCI MESA VERDE HOUSING
Irvine, CA
KAISER PERMANENTE ANAHEIM
Anaheim, CA
REDLANDS PACKING HOUSE DISTRICT
Redlands, CA
RESUMES
7.2.1.e
Packet Pg. 610 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 15 ROLE: Responsible for analyzing
data from our community input
charrette process to help form
a common goal of what the
community desires, prepares
landscape architectural plans,
specifications, and cost estimates
on a multitude of projects, plan
checking to ensure consistent
update of plan details from client
requests.
RECENT PROJECT EXPERIENCE
SANTA ANA SPLASH PADS
Client: City of Santa Ana
The City has the opportunity to
reimagine a portion of six existing
parks and plan for new splash pads.
This is precious parkland for the
neighborhoods surrounding these
parks each is unique and the DVD
team is ready to develop specialized
designed for each site.
CANYON, VILLA PARK & ORANGE
HIGH SCHOOLS
Client: Orange Unified School
District
DVD provided construction
documents for bidding and for the
adjacent site improvements of the
new turf sports fields and all weather
running tracks.
PICKLEBALL COURTS @ MIKE
WARD COMMUNITY PARK
Client: City of Irvine
This facility upgrade will include a
8-court layout, electrical upgrades
and lighting, shade, player and
spectator seating, and other
amenities.
AROVISTA PARK MODERNIZATION
Client: City of Brea
The goal is to create an all inclusive
destination park to improve
emotional, social, physical, and
mental health and where they can
explore, discover, relax, and play in a
safe and uniquely fun environment.
Bryant Avalos is the newest addition to
David Volz Design’s team of landscape
designers, bringing with him a wealth
of experience in design development,
construction documents, and irrigation
design. With a keen eye for detail and
a passion for creating beautiful, functional outdoor spaces, Bryant is a valuable asset to the firm.
Bryant’s experience in design development includes
working closely with clients to understand their needs and preferences, and then translating those ideas into functional and aesthetically pleasing designs. He is skilled in using the latest design software and techniques to create detailed plans and visualizations that accurately represent the final product.
EDUCATION
BS, Landscape Architecture and Enviornmental Planning,
University State Utah, 2016
SKILLS
AutoCAD, Rhino, Microsoft Office, Adobe Creative Suite, Sketch up, GIS
YEARS WITH DVD: May 2023 - present
As an experienced Landscape
Designer with over seven years of
expertise in project design, Sarah
has delivered innovative and unique
solutions in design-build, urban, park,
and recreation design. She has a
deep understanding of the complex interplay between natural and built environments and can create designs that are both functional and visually appealing. she is dedicated to staying up-to-date with the latest trends and technologies in the field and is committed to continually improving her skills and knowledge. She is a collaborative team player who works well with architects, engineers, and contractors to achieve the best outcomes for the project.
EDUCATION
BS. Landscape Architecture, California State Polytechnic University, Pomona, 2017
SKILLS
AutoCAD, Rhino, Microsoft Office, Adobe Creative Suite, Sketch up, GIS
YEARS WITH DVD: January 2023 - present
RESUMES
7.2.1.e
Packet Pg. 611 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 16 As a recent graduate from the
landscape architecture program at
Berkeley, Ms. Maldonado brings a
strong design background. With her
knowledge of AutoCAD and SketchUp,
as well as her attention to detail and
ability to work well in a team, she is well-suited to assist with the design and planning of various landscape projects, conduct research and gather data, and prepare cost estimates and project schedules. Her strong communication skills will also be an asset when it comes to client meetings and presentations.
She has a great sense of responsibility, and she is eager to learn and grow in the field.
ROLE: Assist with the design and
planning of landscape projects,
including site analysis, conceptual
design, and construction documents,
Conduct research and gather data
on site conditions, materials, and
regulations, Participate in client
meetings and prepare graphics for
presentations.
RECENT PROJECT EXPERIENCE
AROVISTA PARK MODERNIZATION
Client: City of Brea
The goal is to create an all inclusive
destination park to improve
emotional, social, physical, and
mental health and where they can
explore, discover, relax, and play in a
safe and uniquely fun environment.
COSTA MESA SANITARY
HEADQUARTERS
Client: Costa Mesa Sanitary District
A turf removal/water conservation
project to provide a boldly vibrant
native landscape design.
SANTA ANA SPLASH PADS
Client: City of Santa Ana
The City of Santa Ana has the
opportunity to re-imagine a portion
of six existing parks and plan for new
splash pads.
PICKLEBALL COURTS @ MIKE
WARD COMMUNITY PARK
Client: City of Irvine
This facility upgrade will include a
8-court layout, electrical upgrades
and lighting, shade, player and
spectator seating, and other
amenities.
JURUPA AVENUE MEDIANS
Client: City of Fontana
We will consider the already
developed street medians and
the right-of-way along the project
corridor to include the aesthetics
of the unique neighborhood
characteristics.
EDUCATION
BS, Landscape Architecture, University of California, Berkley, 2022
SKILLS
AutoCAD, Rhino, Microsoft Office, Adobe Creative Suite, Sketch up, GIS
YEARS WITH DVD: May 2022 - present
RESUMES
Ms. Cassarubbias has a strong focus
on community engagement and
creating designs that are versatile
and provide a range of services. By
engaging with the community to
understand their wants and needs,
she aims to create designs that add meaning and value to the space. Her motivation and team-oriented approach will make her an asset to any team and will ensure the success of any project she works on. Her ability to balance the technical and creative aspects of landscape architecture are valuable skills, and her approach to engaging the community in her designs will bring a unique perspective to the team and projects.
EDUCATION
BS, Landscape Architecture, University of California, Berkley, 2021
SKILLS
AutoCAD, Rhino, Microsoft Office, Adobe Creative Suite, Sketch up, GIS
YEARS WITH DVD: June 2022 - present
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Packet Pg. 612 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 17 SUBCONSULTANT
DMS Consultants, Inc. is dedicated to technical
excellence and high quality services. A team
approach is taken to every project undertaken, with
a project engineer directing, managing and acting
as the central design figure in the work. Our firm
strives to maintain a high level of communication
with the client and jurisdictional agencies.
We are acutely aware of the value and importance
of providing close individual attention to each
project and to working within the constraints of time
and budget. We also know that the success of our
firm rests clearly on the management, competence,
and expertise of our professional staff and team.
Established in 1994, our firm provides engineering
and related services to municipalities, government
entities, and private industries throughout Southern
California. With a staff of registered civil engineers, designers, construction observers, contract
administrators, surveyors, and specialists in
transportation, building and safety, and computeraided design, DMS Consultants, Inc. is uniquely qualified to respond to the diverse needs of our
clientele.
DMS Consultants, Inc. presently provides on-call
civil engineering services to the City of Fullerton, City of Diamond Bar, City of San Dimas, City of Cerritos,
City of Newport Beach and City of La Mirada.
DMS Consultants, Inc. has the ability to provide inhouse services in the following areas:
• Street improvements
• Storm drain improvements
• Sewer improvements
• Water improvements
• ADA accessibility type improvements
• WQMP / SWPPP documents
• Hydrology
• Surveying
• Plan check services
DMS Consultants, Inc. has the capacity to subconsult for areas including but not necessarily limited to:
• Geotechnical services
• Traffic engineering services
SURENDER DEWAN, P.E
President
EDUCATION:
• Bachelor of Science, Civil Engineering, Delhi
University, 1970
• Master of Science, Civil Engineering, University
of Washington, 1978
REGISTRATION:
• Civil Engineer, California, RCE 34559
• SWRCB Certified QSD 20924
Mr. Dewan, President of DMS Consultants, Inc.,
has more than 30 years of professional experience
in the design of Public Works projects. Mr.
Dewan is responsible for performing and/or
coordinating engineering design and other related
technical services including project management;
preparation of plans, specifications, estimates,
design; and evaluation of major municipal projects.
MUNICIPAL PROJECTS
• Euclid Street Roadway Improvements -
Fountain Valley
• State College Boulevard Rehabilitation Project
- Fullerton
• San Dimas Avenue Improvements - San
Dimas
• Hollydale Community Park - South Gate
• Del Amo Boulevard Street Improvements -
Cerritos
• Madonna Area Street, Sewer & Water
Reconstruction - Fullerton
• San Dimas Wash Trail - Glendora
• Via Verde Reconstruction Project from Covina
Hills Street to Puente Street - San Dimas
• Chapman Avenue Rehabilitation Project
from Berkeley Avenue to Raymond Avenue -
Fullerton
• Bastanchury / Valencia Mesa Bile Path -
Fullerton
• FY 2014-15 Street Improvements, Sewer and
Water Main Replacement - Fullerton
• Design of Caltrans Curb Ramp Construction
Plans, Studebaker Road at State Route 91 -
Cerritos
• MacArthur Boulevard Pavement
Reconstruction - Newport Beach
• Placentia Avenue Reconstruction - Fullerton
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Packet Pg. 613 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 18 SUBCONSULTANT
Established in 1987, ECORP Consulting, Inc.
(ECORP) is a California “S” Corporation that
specializes in assisting government agencies and
private clients with a wide range of environmental
services including technical expertise in land
use planning; biological, cultural, and water
resources; and regulatory compliance with
California Environmental Quality Act (CEQA) and
National Environmental Policy Act (NEPA), Clean
Water Act, federal and state Endangered Species
Acts, National Historic Preservation Act (NHPA),
and other laws and regulations. ECORP has
well-established working relationships with the
resources agencies, including the U.S. Army Corps
of Engineers (USACE), California Department of
Fish and Wildlife (CDFW), Regional Water Quality
Control Board (RWQCB), and the U.S. Fish and
Wildlife Service (USFWS).
ECORP is a financially sound firm with five offices
(Santa Ana, Redlands, Rocklin, San Diego, and
Chico) serving clients throughout California.
Additionally, ECORP maintains offices in Flagstaff,
Arizona and in Santa Fe, New Mexico. ECORP
is registered with the Department of Industrial
Relations (#1000012875) and is a California Small
Business-Public Works (SB-PW).
ECORP provides support over the life of a project,
from initial baseline studies; to environmental
planning, documentation, and review; permit
negotiation, liaison with resource agencies, and
mitigation design; and through to construction
monitoring and compliance reporting. ECORP
brings an experienced team of more than 120
CEQA and NEPA specialists, environmental
permitting specialists, environmental analysts,
terrestrial and aquatic biologists, wetland
specialists, paleontologist, archaeologists/
cultural resource specialists, air quality/noise
analysis specialists, geographic information
systems (GIS) specialists, and unmanned aerial
systems (UAS) specialists.
Jesus “Freddie” Olmos
Principal Environmental Planner
EDUCATION:
• B.A., Environmental Analysis & Design, with a minor in Urban and Regional Planning, University of California, Irvine Mr. Olmos’ 23 years of professional experience
involves California Environmental Quality Act (CEQA)
and National Environmental Policy Act (NEPA)
analysis and document preparation for government
agencies and private clients. He has prepared and
managed a variety of environmental documents,
including Initial Studies/Mitigated Negative
Declarations (IS/MNDs), Environmental Impact
Reports (EIRs), Environmental Impact Statements
(EISs), Environmental Assessments (EAs), and
Findings of No Significant Impact (FONSIs), including
Addendum CEQA/NEPA documentation. While his
experience focuses on environmental report writing
and permit preparation, he also has experience with
biological resources monitoring and surveying for
public facilities construction and research projects.
LINDSAY LIEGLER
Associate Environmental Planner
EDUCATION:
• M.P.P., Concentration in Environmental Policy &
Sustainability, UCLA Luskin School of Public Affairs
• B.S., Environmental Science, Minor in Conservation Biology, University of California, Los Angeles
Ms. Liegler has four years of experience in
CEQA document preparation, climate change
resilience studies, biological resources and
habitat quality assessments. While working with
ECORP, she has served as project manager for
a variety of environmental documents including
Initial Studies, Negative Declarations, Mitigated
Negative Declarations, Environmental Impact
Reports, Environmental Impact Studies, Categorical
Exclusions, and Categorical Exemptions. She also
has experience reviewing technical studies to
support preparation of CEQA and NEPA documents
(e.g., visual impact assessments, hydrology/water
quality studies, biological opinions, Phase I ESAs
and Traffic Impact Assessments). She is adept at
managing multiple projects; generating reports
through application of planning principles, concepts
and techniques; and communicating effectively with
diverse audiences across multiple disciplines.
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Packet Pg. 614 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 19 PROJECT TEAM
City of Laguna Hills
El Conejo Park & MacKenzie Park
DAVID VOLZ DESIGN
LANDSCAPE ARCHITECTS, INC
David Volz, RLA #2375,
LEED AP, QSD/P
Principal in charge
Gary Vasquez, RLA #3883
Director of design
Eric Sterling, RLA #5463
Senior Landscape Architect
Kevin Volz, GISP
Director of GIS
Luis Pedraza, RLA #6782
Landscape Architect
Shaun Johnson, RLA #6413
Landscape Architect
Paul Cassar
Senior Landscape Designer
Bryce Frost Landscape Designer
Bryant Avalos
Landscape Designer
Sarah Moon
Landscape Designer
Angela Lee Landscape Designer
Michelle Maldonado
Project Designer
Xitlali Casarrubias
Project Designer
Jonathan Aguirre
Project Designer
Our creative designers have the background and expertise to deliver outstanding landscape architecture services
for your city’s project. The DVD key team members are
experienced and talented professionals and they will be supported by a team of licensed landscape architects,
several very capable designers, sub consultants, and
support staff.
Our design approach, from design development through
construction document development, includes strong
quality control techniques as well as several quality
control measures. For example, our team will have a
senior staff landscape architect assigned to specifically provide quality control oversight. This experience
landscape architect will be involved in regular in-house design review of project drawings, specifications and
budget estimate. He will provide input, and advice to the project administrator. This effort, together with our other quality control measures, will focus on providing the city with a design which is accurate and constructable.
Delivering projects within our client’s expectations,
budgets and time frame is our top priority. We will establish milestones for deliverables and set precise schedules
for meetings and reviews. Our senior management will
review all submittals prior to issuance. We will provide recommendations based upon experience and expertise
for the betterment of any project assigned to DVD. These same senior DVD professionals will remain the primary
contact for the City throughout the project.
PROJECT MANAGER - Eric Sterling will provide design
oversight of this project and be the design professionalof-record for the construction documents. Coordination of our large team of professionals will be the responsibility of DVD’s project manager, Shaun Johnson. Shaun
has extensive team leadership experience, he will be
an active and engaged manager for this project. He
will coordinate and lead design development meetings.
Keeping in regular touch with the city project team,
updating schedules and filing project progress reports, with action items, as the design is developed.
David Volz Design looks forward to a long relationship
with your city. We are committed to delivering high quality services, designs, reports, documents, and support to the city
DMS CONSULTANTS INC
Civil Engineer
Surender Dewan, P.E.
Project Manager / Senior Civil Engineer
ECORP
Environmental Services
Jesus “Freddie” Olmos
Prinicipal Environmental Planner
Lindsay Liegler
Associate Environmental Planner
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Packet Pg. 615 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 20 REFERENCES
“DVD and their team provided
leadership for community
outreach designed creative
and fun play spaces and
have a prepared high quality
construction documents.”
Nicholas Haecker
Public Works Director
City of Desert Hot Springs
(760) 329-6411 ex.223
[email protected]
“DVD and their team were
instrumental in the sucess
of securing the grant for this
project. The design was creative
and utilized the entire park site
to provide a variety of areas for
sports, leisure, and community
gatherings.”
Christine Roberto
Public Services Manager
City of Norwalk
(562) 929-5708
[email protected]
“From Master Planning
and Community Outreach
to providing creative,
sustainable and usable
designs that enhance our
community and excite our
park goers, David Volz Design
has consistently met all
expectations.”
Steve Costley
Director of Parks and Recreation
City of South Gate
(323) 563-5478
[email protected]
“We are very excited and
are apprciative of the great
working relationship we had
together, and the expertise
they brought to the table.”
Suzi Furjanic
Associate Park Planner
City of Santa Ana
(714) 571-4241
[email protected]
“DVD has lead a complete
renovation, of an under used
park, to be brought back
to life for an underserved
community. DVD has done an
outstanding job of meshing
the needs of the community
with the design request of
the Parks and Recreation
Commission and Staff. ”
John Montanchez
Community Services Director
City of Garden Grove
(714) 741-5214
[email protected]
“David Volz Design has
always provided the City of
Buena Park with high-quality
professional services for these
projects and many others.”
Jim Box
Director of Community Services
City of Buena Park
(714) 562-3850
[email protected]
Woodbury Park Community Outreach
Rick Gomez Park, City of Buena Park
State Street Park, City of South Gate State Street Park, City of South Gate Sanitago Park, City of Santa Ana
Reflections Park Rendering
Hermosillo Park Community Outreach
State Street Park, City of South Gate
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Packet Pg. 616 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 21 WORK PLAN
El Conejo and MacKenzie Parks will receive exciting new playgrounds! DVD’s creative park designers are looking forward to the opportunity and challenge of crafting an inviting fun new space for this well used parks. Through careful considered design and detailing, we can create a wonderful, memorable play experience for the community at both sites.
Our DVD park planning professionals will provide our proven strategy and process for community inspired planning. Social media surveys, postings and outreach will be supported by the DVD park planners at each step in the design process. Initial postings will provide background information, project map, and openended questions for the public to comment upon. As the designs are developed and alternatives put forward a survey to discern the publics preferences will be put forward, again with open question boxes for input and inspirations. As the final concepts are being drafted, a project summary and comment page will be developed to encourage feedback that can be brought forward for staff, commission, and council consideration.
Our project team has reviewed the both El Conejo park and MacKenzie park. We’ve partnered with every playground
manufacturer having delivered hundreds of playgrounds
throughout California. In 2023 we worked with more than a dozen different manufacturers. For these parks, we will work with the City’s preferred playground vendor to develop a design that reflects the community. These new playgrounds are very similar to the scope we recently completed for Whittier’s Penn Park which opened in February of this year!
For both Parks, the DVD team will provide a needs assessment deliverable package that identifies the existing amenities and accessibility issues. Our approach would include providing a LiDAR point cloud assessment to identify slope and cross slope issues that may be in need of correction. This will be documented in GIS and will be available in an AutoCAD, PDF, and GIS formats.
The findings of the needs assessment will be packaged as a report with LiDAR diagrams and point cloud information and delivered to the City.
El Conejo Park’s design effort will include a community outreach program and needs assessment which will serve as the basis for a Park Master Plan. The goal is to deliver much needed improvements to the park including the removal of the existing unused zipline and replacing is with a 2-5 play structure. The existing 5-12 play structure will remain in place and worn components will be replaced. We will work with Landscape Structures to bring the
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Packet Pg. 617 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 22 WORK PLAN
fun back this this structure and get it ready for another generation of play! This work effort will also include the replacement of the rubberized play surfacing and removal of sand.
MacKenzie Park’s design effort will include a community outreach program and needs assessment which will serve as the basis for a Park Master Plan. The goal is to deliver much needed improvements to the park including the removal and replacement of the 5-12 play structure. We will be providing a design that includes smaller 2-5 and 5-12 structures. One concept option will include a design for a 2-12 play structure which is very similar to the playgrounds Whittier’s Penn Park we just opened.
We understand the existing playground occupies a tight space within the limits and will propose at least one 2-12 design that does not require expanding the playground limits. We will also provide a more robust design option that moves the 2-5 play structure outside the limits of the existing footprint and provides a paved separation. This play area will also feature all rubberized surfacing. Our work effort will also include the replacement of the existing globe themed rubberized play surfacing and possibly the removal of sand pit if desired. Because of the scale and location of the playground, we would also suggest introducing shade into the structure, and exploring fun themes which could be selected through community outreach. Our staff is familiar with both parks having participated in previous playground installations for both parks. The goal for both parks is to delivery exciting new play opportunities to the residents of Laguna Hills.
We will provide monument sign design for both parks as outlined in Addendum 1. We anticipate the signs will be similar in design and will provide structural engineering for the footing design. We will work with staff to develop concept elevations to deliver a sign that better reflect the City of Laguna Hills. The sign design will be incorporated into the construction documents with elevations and details. Landscape and irrigation modifications are not anticipated for these parks. Our trusted Civil Engineer DMS will provide survey which will be provided to the City in a PDF and AutoCAD format.
David Volz Design has a long resume of neighborhood park projects. Our park planning professionals understand the challenges and opportunities that must be considered to develop safe, fun and memorable public recreation venues. We have designed dozens of award-winning park projects and we will draw on this experience to explore development opportunities for the reimagining of these playgrounds. DVD’s most creative park designs have been inspired by community interactions with our design professionals. We look forward to reaching out to the neighborhood residents to ask them to help design their park!
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Packet Pg. 618 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 23 David Volz Design creates fantastic, wonder-filled, memorable play lots. Our firm has been widely recognized for delivering outstanding public park play environments that have garnered praise and accolades from local communities.
• Our whale fossil interpretive play space in Laguna Hills has been featured online blogs, local and regional newspapers and national magazines.
• The wagon train and pioneer play environment in Pioneer Park, Tustin, won several regional and state-wide awards, and was selected for a recognition by the National Recreation and Park Association.
• Our Stanton Train Park, Central Park, is featured in the CPRS District Ten Hall of Fame.
• Admiral Kidd Park, an award-winning play space, features kid size replicas of the four boats named for the Admiral. This Long Beach park was a featured stop on the state park operations annual tour of premiere park facilities.
Our play space design philosophy is built on the perspective of a kids-eye-view. Adventure, surprise, familiar and challenging settings, and themes, memorable spaces. Kids may not know the proper name of the park, but they know that there is a special play lot at airplane park, rocketship park, baseball coach park, train park, and tree house park. The goal is to create an immersive environment that will engage guests and create lasting memories.
We recognized the importance of providing for multi-generational intermingling, on the play lot, as caregivers overseeing the play space and for adults a calm, shaded comfortable surveillance spot to enjoy the space at the park. Our play area design reputation has lead to collaborations with all-access advocates and organizations.
We have designed several park play environments as the lead landscape architect for Shane’s Inspiration.
This work and design workshops with emotionally and physically challenged stakeholder advocates has informed our design perspective on inclusive, accessible, and caregiver insights that influences our play lot design. One of DVD’s most recent Shane’s Inspiration play lots is located in El Cariso Park, an LA County Park.
At this park the interactive multi-story “equipment” is the center piece of an elaborate all access play environment. Access for all is provided within the terraced natural slope of the existing park terrain. There is plenty of seating for caregivers, play pieces that encourage multi-generational, multi-fun seeker collaborative play opportunities. This is a special park, well worth a trip to this Sylmar Community Park.
WORK PLAN
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Packet Pg. 619 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 24 WORK PLAN
David Volz Design is committed to delivering public landscapes that are sustainable and beautiful. We embrace the principles of design that encourage stewardship of our resources, respect for the environment and creative sustainable practices. Through our affiliation with LEED’s, we identify and quantify the sustainability of our designs. Our team has extensive experience with Public Works Agencies delivering storm water management practices that mimic natural hydrological cycles. We implement integrated management practices into every project.
Low Impact Design development (LID) is an alternative site design strategy that uses natural and engineered infiltration and storage to control storm water where it is generated. Projects under LIDs design are uniquely site specific in their effort to reduce runoff and volume, reduce pollutants and fertilizers, and maintain pre-development surface temperatures. All of which are problematic for conventional storm water management. Key goals include reducing downstream flooding, erosion, and scour from natural waterways. Benefits of LID practices include cost saving over expensive infrastructure.
Utilizing bio-swales and sunken lawns allow for the discernment and infiltration of runoff. Bio-swales offer opportunities for biodiversity utilizing native plant material that can remedy the degradation of native habitats. Additionally, LID aesthetics can enhance and beautify the built environment and landscapes by use of pervious pavers and alternative natural paving materials.
A beautiful and sustainable landscape starts with a clear understanding of the client’s requirements, the site and environs and a creative approach to the design process. Water efficiencies, energy use reductions, waste reduction, recycled content and localized material’s sourcing can all be quantified and are an integral part of our design. Resource conservation through the use and specification of recycled and reused materials and identification of locally sourced goods are important sustainability issues. Water resources are conserved through our thoughtful low water use planting schemes, precise irrigation layout and control systems, as well as, stormwater capture, cleaning and reuse. For pollution prevention, stormwater recycling plans are embraced and integral to our designs. On-site water detention, bio filtration, permeable pavement, and many other measures are creatively incorporated into the landscapes we design.
David Volz Design is dedicated to the opportunity and challenge of creating unique spaces and special places that draw inspiration from the environs and the community. David Volz Design believes the very definition of sustainability speaks of environments that are well used and enjoyed, and maintainable over time. We at DVD believe that the ultimate measure of sustainability of any public space has to be high use and enjoyment over the long term.
Low Impact Design Benefits
• Reduce runoff/reduce
flooding
• Reduce pollutants &
fertilizer
• Reduce sediment runoff &
scour
• Improved infiltration
ground water recharge
• Cost savings over
conventional design
• Biodiversity in the urban
habitat
• Streamlined design
functionability
• Aesthetics
Low Impact Design IMPs
Non-Structural:
• Reduced impervious areas
• Disconnect from
conventional storm water
systems
• Reduce disturbed areas of
development
• Minimize grading/reduce
construction impacts
• Preserve natural drainage
and vegetation
Structural:
• Bioretention including
vegetated swales and bioswales
• Permeable pavements
• Green roofs
• Cisterns / Recycling
Storm Water Retention & Cleaning
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Packet Pg. 620 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 25 WORK PLAN
For any community inspired design program, DVD envisions a robust community engagement process. Our initial community meeting will be a participatory community brainstorming session focused on gathering ideas for developing a park master plan. Our preparation for this input will include site reviews and analysis of the plans and documents related to this park site. We will gather “seed” ideas from city staff and from our own site reviews. Our team will assist in the preparation of notices and graphics to get the word out - to invite the community to help design their park.
We will begin the initial workshop with an on site tour of the park to clearly identify the setting. To foster the “brainstorming” session, our team will introduce “seed” ideas that will encourage thoughtful responses and open the discussion for brainstorming and continued idea generation. We will look to the community for ideas about possible improvements, including ideas for enhancement, family recreation and complimentary opportunities to develop the design of an outstanding park plan.
The DVD team will take the ideas and inspirations received from the community at the initial design charrette meeting and refine the ideas and proposed elements into initial concept plans.
These conceptual layouts will be presented to city staff in an idea consolidation meeting. The best ideas and themes will then be refined into conceptual plans for the community to consider. The second community workshop will be a bit more formal. The refined initial concept plans will be presented, and the ideas reviewed.
We will look for agreement from the participants on the elements which will become a part of the draft master plan. Comments and input will be received to refine the park’s vision and program and to obtain consensus for the improvement elements for the park. Following, a draft master plan and draft design report will be prepared. This plan will then be presented to the public and the Commission or Council for review and comment. Upon the city leader’s direction a final master plan will be prepared.
The Master Plan, which will be the focus of our planning efforts, will be the culmination of the community’s ideas being honed into a final graphic representation of the best development strategy for this park. A report will also be prepared outlining the input process and describing the program and development elements. Also, a preliminary construction budget will be a part of this project report.
The community workshops that we facilitate are the best medium for finding out what the citizenry desires. Allowing the community to stand in a place of ownership aids in a smooth planning process. In the long term, this ownership translates into projects that are sustained by the community.
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Packet Pg. 621 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 26 WORK PLAN
WHAT IF A VISUALIZATION OF AN IDEA COULD BRING CLARITY
TO THE DESIGN INTENT? COULD ALLOW FOR ENLIGHTENED
CONSIDERATION AND UNDERSTANDING?
The David Volz Design studio has a robust graphic design component, and skilled professionals adept at delivering graphics and images, including immersive 3-dimensional fly throughs that communicate our design ideas before moving ahead with the project’s engineering.
Communication is the key to understanding. The photo-realistic renderings, computer-generated 3D models, and images of the project style, detailing, form, and function provide a clear understanding of the project concepts. Our creative and innovative designs are beautifully rendered for review and consideration of civic leaders, our collaborative partners, and the general public.
Our visualizations have resulted in great feedback and design considerations, great “Now I Get It” moments, and enthusiastic approvals of concepts, ideas, and projects.
The DVD team has proven capabilities for the graphic presentation of the ideas and the layout for review of the park’s conceptual layout. We will prepare artist renderings, 3D fly through videos and photo realistic pictures to describe the many elements we plan to include in this development. We will ready all our renderings for social media posting and for use in city communications.
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Packet Pg. 622 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 27 TASK 1 - PROJECT INITIALIZATION
1.01 Initial kickoff meeting with city project staff
a. Review project criteria and program objectives
b. Review procedures and design schedule
c. Assign calendar dates to each milestone
1.02 Background Research
a. Collect available data and maps
b. Needs assessment for each park site
c. Review site plans and documents
d. Review initial opportunities • Identify opportunities and constraints • Identify surrounding uses and connections
1.03 Field Investigation
a. Site inventory
b. Sidewalk LiDAR ADA compliance analysis
1.04 Prepare base maps and exhibits for planning purposes a. Prepare annotated site inventory plans
b. Prepare accessibility reports
1.05 Preliminary Engineering Studies
a. Limited geotechnical soils reports
b. Site topographic surveys
TASK 2 – COMMUNITY WORKSHOP
2.01 Informative Project Websites
a. Prepare site
• Initial website outline and framework development
• Add project description, timeline/schedule,
images, project map, and initial content
• Review and approval with client • Publish project sites • Prepare QR codes and links for distribution
b. Bulletins and project website updates
• Provide regular updates at project milestones
including meeting summaries, reports, surveys,
concept plans and more
• Distribution via social media and outreach • Provide summary of feedback received
2.02 Prepare phasing exhibit, if needed
WORK PLAN
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Packet Pg. 623 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 28 package for both sites
MEETINGS & DELIVERABLES
Review meeting with staff (1)
Project websites
Community outreach meeting (2) for each site
Community outreach exhibits for both sites
Park Master Plan for both sites
TASK 3 – PRELIMINARY CONCEPT PLANS
3.01 Review input received from previous
community outreach with city project team
a. Identify opportunities and program for
potential for both parks
3.02 Refine concept plans (2) based on
outreach and staff review
a. Refine park Master Plan
b. Refine and consolidate ideas
c. Color-rendered plan view graphics,
sign elevations, playground 3D
renderings
d. Style pictures depicting ideas for
improvements
3.03 Construction cost budget estimates
a. Prepare analysis of construction cost
for each plan options
3.04 Present to City Council’s
Events Communications and
Beautification Committee
MEETINGS & DELIVERABLES
Review meeting with staff (2) for each site
Preliminary concept plans (2) for each site
Project website updates
Construction cost budgets
Present Preliminary Concepts to City Council’s
ECBC
TASK 4 – FINAL CONCEPT PLANS AND
REPORTS
4.01 Prepare final playground concept plans
a. Review schematic layouts with city
2.03 Prepare Park Master Plan for each site
2.04 Initial community review and workshop at
park sites
a. Meet with the community on site
• Conduct site walk
• Discuss opportunities and
objectives
• Review limitations and challenges
• Review program opportunities
• Facilitate design charrette with
community participants
• Gather initial ideas and direction
2.03 Document input and park planning
a. Prepare park master plans for each site
b. Prepare summary of input from
community
b. Annotate maps with community
insights
2.04 Prepare Concept Plans for each site
a. Prepare playground plans with layout
3D, and character imagery for each site
b. Prepare momument sign elevations
with color and character imagery
c. Prepare estimates
2.05 Second community review and workshop
a. Present preliminary concept plans (2)
for each site
• Program elements review
• 3D renderings of play equipment
• Idea and vision consolidation
• Options, alternatives, and theme
considerations
• Concept discussion and
recommendation
• Define community consensus and
collective vision
b. Document input received
• Prepare summary of input from
community
• Annotate maps with community
insights
2.06 Meeting with city staff to review work to
date
2.07 Refine Master Plan and deliverable
WORK PLAN
7.2.1.e
Packet Pg. 624 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 29 staff, obtain direction to prepare final
concept plans
b. Refine/revise preliminary concept plan
per comments
4.02 Update construction cost budget estimates
4.03 Presentation both sites to Commission/
Council
MEETINGS & DELIVERABLES
Review meeting with staff (1) for each site
Final concept plans (2) for each site
Project website updates
Construction cost budget for each site
Presentation to Commission/Council
TASK 5 - CONSTRUCTION DOCUMENTS (90%
AND FINAL SUBMITTALS)
5.01 Review work to date
5.02 Prepare construction documents
a. Site layout construction plan and
details
• Develop construction material including
components, materials, colors and
finishes
• Catalog cuts
• Product literature
b. Landscape plan and details
c. Structural engineering for monument
sign only
d. Rubberized surfacing layout
5.03 Internal QA/QC for both sites
5.04 Prepare technical specifications for each
site
5.05 Finalize construction cost budgets
5.06 Submittal/review at Final
MEETINGS & DELIVERABLES
Development Design Style Guide & Resource Log
Construction plans (90% submittals)
Construction technical specifications
Construction budget estimate
City staff meetings (bi-weekly)
Meeting summaries
TASK 6 - BIDDING ASSISTANCE &
CONSTRUCTION PERIOD SERVICES
6.01 Bidding Assistance for both sites
a. Provide answers to pertinent pre-bid
questions
b. Assist the city in evaluation of bids for
both sites
6.02 Construction Assistance
a. Attend pre-construction meeting
b. Respond to project Requests for
Information (RFI’s) and Submittals
c. Participate in construction progress
meetings and prepare meeting
summary notes
MEETINGS & DELIVERABLES
Bidding assistance
RFI responses, instructions
Meeting summaries
City staff support services
ASSUMPTION: Both park will stay on same project
path and be submitted and review together. Parks
will be in a seperate construction packages or
combined if desired. Pakrs will be bid together as
one bid package and constructed simultaneously.
WORK PLAN
7.2.1.e
Packet Pg. 625 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD 30 DVD has an established quality control and assurance program that we undertake for all our design services, and for this project. The Principal-in-Charge will be responsible for implementation of these Quality Control measures. The primary elements include:
• Verification that required deliverables and documents noted in the Scope of Work are provided. • A Peer Review will be conducted by our senior professional staff to solicit critical comments and verify correctness.
• Retention of documents with highlighted markings and red-line comments, and verification that required revisions are incorporated into the updated documents. • Continual assessment and tracking of project schedule and budget against baseline data. • A complete construction review for constructability and biddability of the complete PS&E package will be assigned to experienced professionals on staff prior to final submittal to our client.
Notice to
Proceed
Deliver
to Client
Project
Planning
Initialize
Project
Design
Development
Final
Design
Final
Corrections Printing
1. Project Initiation
Quality Assurance Review
• Goals and objectives defined
• Scope of work defined
• Budget identified
• Schedule established
• Problem areas identified
• Checklist prepared
2. Work Plan
Quality Assurance Review
• Goals and objectives reviewed
• Work plan reviewed
• Alternative and
preliminary solutions evaluated
• Recommended
solutions defined
3. Design Confirmation
Quality Assurance Review
• Program and materials finalized
• Recommended solutions refined
• Final design defined
• Budget review
• Checklist reviewed
4. Constructability
Quality Assurance Review
• Quality assurance check for
completeness and format
• Verification check for completeness
• Biddability and constructability
review
Cost Controls
and Quality of
Design with Rich
Detailing
Online Public
Outreach Expertise
Community
Inspired Park
Design
Award Winning
Park and Sports
Field Design
Experience
in Delivery of
Projects
Creative
Designers of
Public Spaces
WORK PLAN
7.2.1.e
Packet Pg. 626 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD
7.2.1.e
Packet Pg. 627 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD b
City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
25 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 David Volz President
11 March Costa Mesa
7.2.1.e
Packet Pg. 628 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD c
City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
26 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.
David Volz Design Landscape Architects, Inc.
March 11, 2024
President
7.2.1.e
Packet Pg. 629 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD d
City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
27 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.e
Packet Pg. 630 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
EL CONEJO PARK AND MACKENZIE PARK, CIT Y OF LAGUNA HILLS DVD e
City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
28 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:
David Volz Design Landscape Architects, Inc.
David Volz
President
March 11, 2024
11 March Costa Mesa
7.2.1.e
Packet Pg. 631 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services DVD
03/14/2023
Cornerstone Specialty Insurance Services, Inc.
14252 Culver Drive, A299
Irvine CA 92604
Tina Cowie
(714) 731-7700 (714) 731-7750
[email protected]
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTURE, INC.
151 Kalmus Drive, Ste. M-8
Costa Mesa CA 92626
RLI Insurance Company 13056
Great American Insurance 16691
23/24 COVERAGES
A
ADDT'L INSURED/P & NC
BLANKET WVR OF SUBRO PSB0001408 03/14/2023 03/14/2024
2,000,000
1,000,000
10,000
INCLUDED
4,000,000
4,000,000
A PSB0001408 03/14/2023 03/14/2024
2,000,000
A Y PSW0001346 03/14/2023 03/14/2024 1,000,000
1,000,000
1,000,000
B Professional Liability
Claims Made DPP4204131 03/14/2023 03/14/2024
Each Claim $2,000,000
Annual Aggregate $2,000,000
Evidence of coverage in force. Contractual insurance requirements will be addressed at the time the contract is awarded.
FOR PROPOSAL PURPOSES ONLY PLEASE CONTACT
CORNERSTONE SPECIALTY
TO VERIFY COVERAGE IN FORCE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)
POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
CERTIFICATIONS
7.2.1.e
Packet Pg. 632 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
LARRY MOORE PARK, CIT Y OF PASO ROBLES DVD
APPENDIX
7.2.1.e
Packet Pg. 633 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services DVD
8/23/22, 11:35 AM Supplier Profile
https://caleprocure.ca.gov/pages/SupplierProfile/supplier-profile-print.html 1/1 Certification Type Status From To
SB(Micro) Approved 06/23/2022 06/30/2024
SB-PW Approved 06/23/2022 06/30/2024
Printed on: 8/23/2022 11:35:25 AM
To verify most current certification status go to: https://www.caleprocure.ca.gov O�ice of Small Business & DVBE Services
Certification ID: 25194
Legal Business Name:
David Volz Design Landscape Architects, Inc.
Doing Business As (DBA) Name 1:
David Volz Design
Doing Business As (DBA) Name 2:
Address:
151 Kalmus Drive
M-8
Costa Mesa
CA 92626
Email Address:
[email protected]
Business Web Page:
Business Phone Number:
714/641-1300
Business Fax Number:
Business Types:
Service
Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV
Questions?
Email: [email protected]
Call OSDS Main Number: 916-375-4940
707 3rd Street, 1-400, West Sacramento, CA 95605
CERTIFICATIONS
7.2.1.e
Packet Pg. 634 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services DVD
CERTIFICATIONS
David Volz
Jul 20, 2021 - Jul 22, 2023
Certificate # 01176
7.2.1.e
Packet Pg. 635 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services DVD
February 7, 2023
RE: Recommendation in Support of David Volz Design Landscape Architects To Whom It May Concern:
The City of Cypress has collaborated with David Volz Design on several important park development and landscape projects. The recently completed city-wide Median Restoration Project, an APWA award-winning project, restored the landscaped medians and parkways throughout the City with new drought-tolerant landscaping and dripirrigation systems, providing for a cohesive design aesthetic throughout the city, while also conserving water in light of the recent droughts. DVD and their team provided exceptional service throughout the project and prepared high quality construction documents.
I would highly recommend to any agency the firm of David Volz Design. My contact information is listed below. Please contact me for further comments in support of this firm.
Sincerely,
Nick Mangkalakiri, P.E.
City Engineer
[email protected].
February 2, 2023
RE: Recommendation in Support of David Volz Design Landscape Architects, Inc.
To Whom It May Concern:
David Volz Design has provided high quality design and consulting services to the City of Garden Grove for many years. They have provided park planning, provided leadership at public outreach meetings, provided creative park design, developed construction documents and provided construction period services on several park projects.
One notable project is the Woodbury Park Revitalization Project, which includes a high level of design and a team of sub-consultants under David Volz Designs’ contract. This project is a Prop 68 grant award that will allow a complete renovation, of an under used park, to be brought back to life for an underserved community. DVD has done an outstanding job of meshing the needs of the community with the design request of the Parks and Rec Commission and staff.
DVD has always provided the City of Garden Grove with high quality professional service for these projects and many others. I highly recommend David Volz Design to your agency.
Sincerely,
John Montanchez
Community Services Director
(714) 741-5214
[email protected]
LETTER OF RECOMMENDATIONS
“David Volz Design has
always provided the
City of Buena Park with
high-quality professional
services for these
projects and many
others.”
“DVD and their team
provided exceptional service
throughout the project
and prepared high quality
construction documents.”
“I recommend David Volz
Design to any agency
looking for creative and
professional landscape
architectural services.”
“... a high level of design
and a team of
sub-consultants under
David Volz Designs’
contract.”
7.2.1.e
Packet Pg. 636 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services DVD
City of South Gate
Parks & Recreation Department
WWW.CITYOFSOUTHGATE.ORG
Parks Make Life Better!
Department of Parks & Recreation * 4900 Southern Avenue, South Gate, CA 90280 February 1, 2023
RE: Recommendation in Support of David Volz Design Landscape Architects, Inc.
To Whom It May Concern:
David Volz and his team at David Volz Design have provided superior service to the City of South Gate on a variety of projects to improve our parks over the last twelve years. From Master Planning and Community Outreach to whole park renovations, providing creative, sustainable and usable designs that enhance our community and excite our park goers, David Volz Design has consistently met all expectations.
Please feel free to contact me if you have any specific questions or would like additional information.
We have had nothing but the best experiences with DVD and would enthusiastically recommend them to anyone looking for a top-quality landscape design firm for you public project.
Sincerely,
Steve Costley,
Director of Parks & Recreation
323-563-5494
[email protected]
Steve Costley
Director of Parks & Recreation
LETTER OF RECOMMENDATIONS
“DVD’s team welcomed
community input at a number
of outreach gatherings
to design creative and
interactive play areas and
inviting green spaces for both
projects.”
“DVD and their team were
instrumental in the success
of securing the grant for this
project.”
“DVD has always provided
the City of Paramount with
high quality professional
service and I would highly
recommend David Volz
Design to any agency.”
“From Master Planning
and Community Outreach to
providing creative, sustainable
and usable designs that enhance
our community and excite our
park goers, David Volz Design has
consistently met all expectations.”
7.2.1.e
Packet Pg. 637 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services DVD
LETTER OF RECOMMENDATIONS
“Stanton Central park is an
outstanding DVD designed park.
The park has received accolades
from the community and design
awards from APWA and California
Park and Recreation Society. DVD
also designed Harry M. Dotson
Park which also received awards
from APWA.”
“We selected David Volz Design
because they have created many
award winning unique park designs
for other public agencies. ”
“DVD has always provided the City of Santa
Ana with high quality professional services
for these project and many others.”
7.2.1.e
Packet Pg. 638 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
FEE SCHEDULE
SLA LA SLD LD PD AD
Scope of Services $175 $160 $155 $140 $120 $110
Task 1 - Project Initialization 4 12 8 3 8 35 $ 5,100
Task 2 - Community Workshop 4 20 8 16 4 52 $ 7,500
Task 3 - Preliminary Concept Plans 40 24 24 16 8 112 $ 17,000 Task 4 - Final Concept Plans & Reports 20 16 8 4 4 52 $ 8,100 Task 5 - Construction Documents (90% and Final) 40 80 24 40 160 8 352 $ 49,200 Task 6 - Bidding Assistance & Construction Period Services 20 60 32 8 8 128 $ 19,900 128 212 72 72 207 40 731 $ 106,800
Civil Engineering by DMS Engineers $ 56,925
Environmental Services by ECORP $ 4,025
Structural Engineering $ 3,450
Reimbursable expenses, printing, copying, postage, etc. $ 2,500
TOTAL PROPOSED DESIGN FEE
OPTIONAL TASK
Electrical Engineering Services by Design West $ 17,710 Abbreviation Codes:
SLA = Senior Landscape Architect
LA = Landscape Architect
SLD = Senior Landscape Designer
LD = Landscape Designer
PD = Project Designer
AD = Adminstration
$ 173,700
Total
Hrs
Fee
When incurred, the following project expenses will be billed at cost plus 15% administrative fee in addition to the above professional services fee:
Revised May 8, 2024
7.2.1.e
Packet Pg. 639 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services Agreements, CIP No. 241) DVD
Principals $230/hr
Director of Design $200/hr
Senior Landscape Architects $175/hr
Director of GIS $165/hr
Landscape Architect $160/hr
Plan Check $160/hr
Senior Landscape Designer $155/hr
Senior GIS Analyst $155/hr
Landscape Designer $140/hr
GIS Analyst $140/hr
Project Designer/CADD Technicians I, II, III $110, 120, 130/hr GIS Technicians I, II, III $110, 120, 130/hr
Administration $110/hr
7.2.1.e
Packet Pg. 640 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 12371 Lewis Street, Suite 203, Garden Grove, CA 92840 │ 714.740.8840 │ fax: 714.740.8842 Schedule of Hourly Billing Rates
January 2024
Project Manager...................................................................................................$215.00 Senior Project Manager .......................................................................................$175.00 Project Engineer...................................................................................................$155.00 Design Engineer...................................................................................................$130.00 Two-Man Survey Crew.........................................................................................$240.00 Three-Man Survey Crew......................................................................................$310.00 Office Survey Manager ........................................................................................$115.00 Clerical...................................................................................................................$60.00 Subconsultant Fees ...................................................................................Cost plus 10% Reimbursable Expenses ............................................................................Cost plus 15% Mileage and Transportation Fees..........................................................................No Fee
7.2.1.e
Packet Pg. 641 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services Your Partners
in Mechanical,
Electrical,
Plumbing,
Commissioning,
Fire Protection,
Technology,
& Energy.
2024 RATE SHEET
412 E. Vanderbilt Way | San Bernardino, CA 92408
Southern California 909.890.3700 | Pacific Northwest 425.458.9700 | DesignWestEng.com Principal Engineering…………………………………………………..$260.00 per hour Mechanical & Plumbing Engineering
Senior Engineer, Mechanical………………………………………..$230.00 per hour Mechanical Project Manager..............................................$180.00 per hour Mechanical Designer...........................................................$140.00 per hour Mechanical CAD Draftsperson............................................$120.00 per hour Electrical Engineering
Senior Engineer, Electrical..................................................$230.00 per hour Electrical Project Manager..................................................$180.00 per hour Electrical Designer...............................................................$140.00 per hour Electrical CAD Draftsperson................................................$120.00 per hour Commissioning Services
Director of Commissioning Services..................................$230.00 per hour Commissioning Agent..........................................................$180.00 per hour Commissioning Engineer.....................................................$140.00 per hour Energy Services
Director of Energy Services Engineering............................$230.00 per hour Energy Services Engineer....................................................$180.00 per hour Energy Services Designer....................................................$140.00 per hour Fire Protection Engineering
Senior Engineer, Mechanical..............................................$230.00 per hour Fire Protection Project Manager.........................................$180.00 per hour Fire Protection Designer......................................................$140.00 per hour Utility Coordination
Senior Engineer....................................................................$230.00 per hour Project Manager...................................................................$180.00 per hour Utility Coordinator................................................................$140.00 per hour CAD Draftsperson................................................................$120.00 per hour Low Voltage Engineering
Senior Engineering, Electrical.............................................$230.00 per hour Low Voltage Project Manager..............................................$180.00 per hour Low Voltage Designer..........................................................$140.00 per hour Clerical Support...................................................................$100.00 per hour *** Rates Effective January 1, 2024
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Packet Pg. 642 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services Principal - $200/hr.
Project Manager - $180/hr.
Irrigation Designer - $160/hr.
Field Services - $200/hr.
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Packet Pg. 643 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 1837572.1
EXHIBIT “B”
CITY’S REQUEST FOR PROPOSALS (RFP)
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
DATED: JANUARY 29, 2024
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Packet Pg. 644 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 1407008.1
REQUEST FOR PROPOSALS (RFP)
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE 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. 645 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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 19 SECTION IV - SCOPE OF SERVICES Page 20
SECTION V – SCHEDULE OF COMPENSATION/FEES Page 24
ATTACHMENT 1 – Page 25
NON-COLLUSION AFFIDAVIT
ATTACHMENT 2 – Page 26
CONSULTANT’S ACKNOWLEDGEMENT OF COMPLIANCE WITH
INSURANCE REQUIREMENTS
ATTACHMENT 3 – Page 27
CERTIFICATION OF PROPOSAL TO THE CITY OF LAGUNA HILLS
ATTACHMENT 4 – Page 29
SAMPLE PROFESSIONAL SERVICES AGREEMENT
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Packet Pg. 646 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
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January 29, 2024
SUBJECT: REQUEST FOR PROPOSALS FOR PROFESSIONAL PARK DESIGN
CONSULTING SERVICES FOR EL CONEJO PARK AND MACKENZIE
PARK
Dear Proposers:
You are invited to respond to this Request for Proposal to provide professional park design consulting services for El Conejo Park and MacKenzie 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. 647 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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 El Conejo Park and MacKenzie Park.
The City has tentatively budgeted $815,000 for the rehabilitation of these parks.
At El Conejo Park, the primary focus of the City is to remove an existing unused zipline structure, install a small age 2-5 playground, keep the existing age 5-12 playground structure and replace worn components, and replace all rubber surfacing at the park.
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.
At MacKenzie Park, the primary focus of the City is to remove the existing large age 5- 12 playground and install two smaller playground units - one for age 2-5 children and one for age 5-12 children – and replace all existing rubber surfacing. Alternatively, dependent on cost and community feedback, the existing large age 5-12 playground could be replaced with smaller individual playground structures for ages 2-12 children.
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. It should be noted that the tennis courts were recently resurfaced by the City.
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 Location maps for the parks are on the next page.
Additional information concerning the Scope of Services can be found in Section IV.
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Packet Pg. 648 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services City of Laguna Hills
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El Conejo Park:
Located adjacent to El Conejo Lane.
Approximate total acreage: 3.5 acres
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Packet Pg. 649 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services City of Laguna Hills
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MacKenzie Park:
Located at the corner of MacKenzie Street and Pike Road.
Approximate total acreage: 2.9 acres
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Packet Pg. 650 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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 EL CONEJO PARK AND MACKENZIE 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. 651 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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. 652 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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. 653 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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. 654 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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. 655 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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. 656 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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. 657 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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 EL CONEJO PARK AND MACKENZIE 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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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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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.e
Packet Pg. 661 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
18 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.e
Packet Pg. 662 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
19 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.e
Packet Pg. 663 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
20 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 El Conejo Park and MacKenzie Park.
The City has tentatively budgeted $1,010,000 for the rehabilitation of these parks.
At El Conejo Park, the primary focus of the City is to remove an existing unused zipline structure, install a small age 2-5 playground, keep the existing age 5-12 playground structure and replace worn components, and replace all rubber surfacing at the park.
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.
At MacKenzie Park, the primary focus of the City is to remove the existing large age 5- 12 playground and install two smaller playground units - one for age 2-5 children and one for age 5-12 children – and replace all existing rubber surfacing. Alternatively, dependent on cost and community feedback, the existing large age 5-12 playground could be replaced with smaller individual playground structures for ages 2-12 children.
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. It should be noted that the tennis courts were recently resurfaced by the City.
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.
7.2.1.e
Packet Pg. 664 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
21 1407008.1
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 City expects the project to be completed in a timely manner. The City is expecting final design plans 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.e
Packet Pg. 665 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
22 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.e
Packet Pg. 666 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
23 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.e
Packet Pg. 667 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
24 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.
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Packet Pg. 668 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
25 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.e
Packet Pg. 669 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
26 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.e
Packet Pg. 670 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
27 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.e
Packet Pg. 671 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
EL CONEJO PARK AND MACKENZIE PARK
28 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.e
Packet Pg. 672 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
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.e
Packet Pg. 673 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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.e
Packet Pg. 674 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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.e
Packet Pg. 675 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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.e
Packet Pg. 676 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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.e
Packet Pg. 677 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services
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:
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Packet Pg. 678 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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
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Packet Pg. 679 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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
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Packet Pg. 680 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 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.
<End>
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Packet Pg. 681 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services February 27, 2024
Addendum No. 2 to RFPs for Professional Park Design Consulting Services
No further questions may be submitted at this time regarding the RFPs.
We thank you in advance for submitting your proposal.
Sincerely,
Joe Ames, P.E., T.E.
Public Works Director/City Engineer
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Packet Pg. 682 Attachment: Professional Services Agreement - David Volz Design (El Conejo and MacKenzie Parks) (3521 : Award of Professional Services 1836876.1
1 PROFESSIONAL SERVICES AGREEMENT
RJM Design Group, Inc.
Landscape Architectural Design Services for Veeh Ranch Park and San Remo Park Rehabilitation Projects
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 Veeh Ranch and San Remo Parks, 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
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Packet Pg. 683 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 1836876.1
2 landscape architectural design consulting services for the Project as set forth in the 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 Veeh Ranch Park and San Remo 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.
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Packet Pg. 684 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 1836876.1
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
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Packet Pg. 685 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 1836876.1
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 Two Hundred Eighty Five Thousand Three Hundred Ninety Dollars ($285,390.00) (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
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Packet Pg. 686 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 1836876.1
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
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Packet Pg. 687 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 1836876.1
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.f
Packet Pg. 688 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 1836876.1
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,
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Packet Pg. 689 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 1836876.1
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.f
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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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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,
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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.f
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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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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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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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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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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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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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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. 701 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 1836876.1
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.f
Packet Pg. 702 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 1836876.1
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.f
Packet Pg. 703 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 1836876.1
EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
FOR
PROFESSIONAL LANDSCAPE ARCHITECTURAL DESIGN SERVICES FOR THE
VEEH RANCH AND SAN REMO PARKS REHABILITATION PROJECTS
DATED: MARCH 11, 2024
SCOPE OF SERVICES FOR PROJECT
INCLUDING,
SCHEDULE OF PERFORMANCE
AND
SCHEDULE OF COMPENSATION/ FEES
7.2.1.f
Packet Pg. 704 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional Professional Park Design Consulting Services
for Veeh Ranch & San Remo Parks
City of Laguna Hills
March 11, 2024
7.2.1.f
Packet Pg. 705 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 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
7.2.1.f
Packet Pg. 706 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks | 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 Veeh Ranch & San Remo Parks
Dear Joe Ames,
On behalf of RJM Design Group, Inc., we are pleased to submit this proposal for Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks in the City of Laguna Hills. We are very excited about the oppurtunity to assist the city in the rehabilitation of not only Veeh Ranch & San Remo Parks, but also El Conejo, Mackenzie,and Cabot 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.f
Packet Pg. 707 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 2 | City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks 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.f
Packet Pg. 708 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks | 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 Veeh Ranch & San Remo Parks.
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.f
Packet Pg. 709 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 4 | City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks 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.f
Packet Pg. 710 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks | 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.f
Packet Pg. 711 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 6 | City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks 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.f
Packet Pg. 712 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks | 7 Project Summary
The City’s primary objective in the renovation of the Felipe Recreation Center was to create a new gathering space for events and activities while replacing the undersized offices and restroom facilities. A new pre-fabricated restroom building was installed to serve both with private access for tennis members and public access to serve the adjacent Cordova Park visitors.
A second adjacent pre-fabricated structure was installed custom designed to serve the needs of the tennis pro staff with offices and meeting rooms. The installation of these two structures allowed the City to create a more secure access point for those entering the tennis facility, which leads out into the central plaza gathering space. This space would allow the City to host social events and provide a rental location for small private parties.
Felipe Tennis Center
Mission Viejo, CA
Completion Date: 2018
Project Size: 2 Acres
Design Cost: $ 49,000
Construction Cost: $ 620,000
Client Reference
Keith Rattay
Director of Public Services
City of Mission Viejo
(949) 470-3018
Project Team
Principal: Eric Chastain
Project Manager: Andrew Steen
Company Data 7.2.1.f
Packet Pg. 713 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 8 | City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks 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.f
Packet Pg. 714 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks | 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.f
Packet Pg. 715 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 10 | City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks 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.f
Packet Pg. 716 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks | 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.f
Packet Pg. 717 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 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.f
Packet Pg. 718 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks | 13 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.f
Packet Pg. 719 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 14 | City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks Resumes and Qualifications of Personnel (continued)
William Zavrsnick,
LEED APLLA, ASLA
Electrical Engineer
FBA Engineering
William Zavrsnick has 30 years of experience and has
been active in the electrical engineering field since
joining FBA in 1985. His experience includes the
electrical design of Public Works, Parks and Recreation Facilities. He is particularly experienced in the design and development of electrical power distribution, general,
specialized and event power systems, outdoor, security
and sports field lighting systems, lighting photometric studies, phased construction projects and familiar with public bid type projects and construction.
Education
• BS Civil Engineering/Mount Hood College, Oregon
Certifications
• LEED Accredited Professional — LEED AP
• Illuminating Engineering Society — IES
• Institute of Electrical and Electronic Engineers –
IEEE American Institute of Architects — AIA
• Electrical Engineering — Los Angeles County
Relevant Project Experience
• Bommer Canyon Community Park, Irvine, CA
• Bonita Creek Field Renovation, Newport Beach, CA
• City Park Improvements, Lake Elsinore, CA
• Civic Lot Multi-Purpose Sports Field,
Santa Monica, CA
• El Dorado Park & Nature Center, Long Beach, CA
• Esencia Sports Park, Rancho Mission Viejo, CA
• Grant Howald Park, Newport Beach, CA
• Hero’s Park, Lake Forest, CA
• Joe Balderrama Park, Oceanside, CA
• Kraemer Memorial Park, Placentia, CA
• Laguna Hills City Parks, Laguna Hills, CA
• Lake Forest Neighborhood Parks, Lake Forest, CA
• La Placita Parkette, Placentia, CA
• Los Amigos Park, Santa Monica, CA
• Los Serranos Park, Chino Hills, CA
• Marchant Park, San Dimas, CA
• McFadden Park, Placentia, CA
• Murdy Park, Huntington Beach, CA
• Portola Park, Lake Forest, CA
• Portola Springs Park, Irvine, CA
7.2.1.f
Packet Pg. 720 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks | 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.f
Packet Pg. 721 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 16 | City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks 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.f
Packet Pg. 722 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks | 17 Project Understanding, Overview and Approach
Given our office’s proximity to the City of Laguna Hills, we completed an initial site walk at both Veeh Ranch and San Remo Parks to get a feel for the character and atmosphere of each park.
Given Veeh Ranch Park’s pastoral setting and ample open space we can see the potential for adding meaningful community amenities that will enhance the recreation opportunities for residents. San Remo Park, on the other hand, is limited in it’s developable space and will be more suited to the replacement of under used amenities as identified by the local Community Association. 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. More often than not, when a City provides an opportunity for the community to voice their recreational requests, the results are overwhelming and City decisionmakers will have to decide which amenities should be included in the renovation. Which is why RJM uses these community outreach opportunities to rank the requests of the community and make the process more straightforward for Council and Staff to move forward.
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 each 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.f
Packet Pg. 723 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 18 | City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks 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 for each park 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 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.f
Packet Pg. 724 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks | 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 areas of each 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.f
Packet Pg. 725 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 20 | City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks 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.f
Packet Pg. 726 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks | 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.f
Packet Pg. 727 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 22 | City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks
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.f
Packet Pg. 728 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks | 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.f Packet Pg. 729 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 24 | City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks
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.f Packet Pg. 730 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks | 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.f
Packet Pg. 731 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 26 | City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks 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.f
Packet Pg. 732 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks | 27 Certificate of Insurance 7.2.1.f
Packet Pg. 733 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 28 | City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks Certification of Proposal 7.2.1.f
Packet Pg. 734 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks | 29 Certification of Proposal (continued) 7.2.1.f
Packet Pg. 735 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 30 | City of Laguna Hills • Professional Park Design Consulting Services for Veeh Ranch & San Remo Parks 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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EXHIBIT “B”
CITY’S REQUEST FOR PROPOSALS (RFP)
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
VEEH RANCH PARK AND SAN REMO PARK
DATED: JANUARY 29, 2024
7.2.1.f
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REQUEST FOR PROPOSALS (RFP)
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
VEEH RANCH PARK AND SAN REMO 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
7.2.1.f
Packet Pg. 743 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 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 19 SECTION IV - SCOPE OF SERVICES Page 20
SECTION V – SCHEDULE OF COMPENSATION/FEES Page 24
ATTACHMENT 1 – Page 25
NON-COLLUSION AFFIDAVIT
ATTACHMENT 2 – Page 26
CONSULTANT’S ACKNOWLEDGEMENT OF COMPLIANCE WITH
INSURANCE REQUIREMENTS
ATTACHMENT 3 – Page 27
CERTIFICATION OF PROPOSAL TO THE CITY OF LAGUNA HILLS
ATTACHMENT 4 – Page 29
SAMPLE PROFESSIONAL SERVICES AGREEMENT
7.2.1.f
Packet Pg. 744 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
VEEH RANCH PARK AND SAN REMO PARK
3 1407008.1
January 29, 2024
SUBJECT: REQUEST FOR PROPOSALS FOR PROFESSIONAL PARK DESIGN
CONSULTING SERVICES FOR VEEH RANCH PARK AND SAN REMO
PARK
Dear Proposers:
You are invited to respond to this Request for Proposal to provide professional park design consulting services for Veeh Ranch Park and San Remo 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
7.2.1.f
Packet Pg. 745 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 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 Veeh Ranch Park and San Remo Park.
The City has tentatively budgeted $1,010,000 for the rehabilitation of these parks.
At Veeh Ranch Park, the primary focus of the City is to replace all playground equipment and all rubber surfacing at the park, and replace any other urgent infrastructure at the park such as replacement of light fixture standards throughout the park. 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.
At San Remo Park, the primary focus of the City is to replace the existing playground equipment and all rubber surfacing, and possibly convert the volleyball area to a barbecue area at the request of the Laguna Terrace Association. 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 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 Location maps for the parks are on the next page.
Additional information concerning the Scope of Services can be found in Section IV.
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Packet Pg. 746 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills
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Veeh Ranch Park:
Located between Santa Vittoria Drive and Mill Creek Drive, south of Lake Forest Drive.
Approximate total acreage: 9.17 acres
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Packet Pg. 747 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills
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San Remo Park:
Located at the corner of San Remo Drive and Taranto.
Approximate total acreage: 1.9 acres
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Packet Pg. 748 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 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 VEEH RANCH PARK AND SAN REMO 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. 749 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 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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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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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. 752 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 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. 753 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 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. 754 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional 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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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 VEEH RANCH PARK AND SAN REMO 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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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.
7.2.1.f
Packet Pg. 758 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
VEEH RANCH PARK AND SAN REMO PARK
17 1407008.1
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.f
Packet Pg. 759 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
VEEH RANCH PARK AND SAN REMO PARK
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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.f
Packet Pg. 760 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
VEEH RANCH PARK AND SAN REMO PARK
19 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.f
Packet Pg. 761 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
VEEH RANCH PARK AND SAN REMO PARK
20 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 Veeh Ranch Park and San Remo Park.
The City has tentatively budgeted $1,010,000 for the rehabilitation of these parks.
At Veeh Ranch Park, the primary focus of the City is to replace all playground equipment and all rubber surfacing at the park, and replace any other urgent infrastructure at the park such as replacement of light fixture standards throughout the park. 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.
At San Remo Park, the primary focus of the City is to replace the existing playground equipment and all rubber surfacing, and possibly convert the volleyball area to a barbecue area at the request of the Laguna Terrace Association. 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 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.
7.2.1.f
Packet Pg. 762 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
VEEH RANCH PARK AND SAN REMO PARK
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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 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.f
Packet Pg. 763 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
VEEH RANCH PARK AND SAN REMO PARK
22 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.f
Packet Pg. 764 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
VEEH RANCH PARK AND SAN REMO PARK
23 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.f
Packet Pg. 765 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
VEEH RANCH PARK AND SAN REMO PARK
24 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.
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Packet Pg. 766 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
VEEH RANCH PARK AND SAN REMO PARK
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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.f
Packet Pg. 767 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
VEEH RANCH PARK AND SAN REMO PARK
26 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.f
Packet Pg. 768 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
VEEH RANCH PARK AND SAN REMO PARK
27 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.f
Packet Pg. 769 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional City of Laguna Hills
PROFESSIONAL PARK DESIGN CONSULTING SERVICES FOR
VEEH RANCH PARK AND SAN REMO PARK
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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.f
Packet Pg. 770 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional
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.f
Packet Pg. 771 Attachment: Professional Services Agreement - RJM Design Group, Inc. (Veeh Ranch and San Remo Parks) (3521 : Award of Professional February 20, 2024
Addendum No. 1 to RFPs for Professional Park Design Consulting Services