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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 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
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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.
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,
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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.
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.
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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 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
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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 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.
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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 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
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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
To Consultant: W.G. Zimmerman Engineering, Inc.
Attention: Bill Zimmerman, President/CEO
7812 Edinger Avenue, Suite 302
Huntington Beach, California 92647
Telephone: (657) 845-9500
Fax: (714) 333-4712
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
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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 Labor Code Requirements.
A. Prevailing Wages. Consultant is aware of the requirements of California labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of 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. If the Work or Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Work or Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its 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 the Prevailing Wage Laws.
The foregoing indemnity shall survive termination of this Agreement.
B. DIR Registration. If the Work or Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
10.10 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
ATTEST:
JENNIFER LEE, City Clerk
APPROVED AS TO FORM:
GREGORY E. SIMONIAN,
City Attorney
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(SEAL)
19 "CITY"
CITY OF LAGUNA HILLS,
a California municipal corporation
JARAD L. HILDENBRAND,
City Manager
"CONSULT ANT"
W.G. ZIMMERMAN ENGINEERING,
INC., a California corporation
By:
WlLL
~)L_ ~ ~ RMAN
President
By:hil~ - WILIJAM~ IMMERMAN
Secretary
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EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
FOR
ON-CALL CIVIL ENGINEERING CONSULTING SERVICES
DATED: JULY 8, 2024
SCOPE OF SERVICES FOR PROJECT
INCLUDING,
SCHEDULE OF PERFORMANCE
AND
SCHEDULE OF COMPENSATION/ FEES
City of Laguna Hills
Proposal for On-Call Civil Engineering Consulting Services July 11, 2024
PROPOSAL
Presented to:
City of Laguna Hills
Attn: Joe Ames, PE. TE
Public Works Director/City Engineer
24035 El Toro Road
Laguna Hills, CA 92653
Submitted by:
W.G. Zimmerman Engineering, Inc.
7812 Edinger Avenue, Suite 302
Huntington Beach, CA 92647
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7812 Edinger Avenue, Suite 302, Huntington Beach, CA 92647 T: 714-799-1700 | F: 714-333-4712 |www.wgze.com
A. COVER LETTER
July 8, 2024
City of Laguna Hills
Mr. Joe Ames, Public Works Director/City Engineer
24035 El Toro Road
Laguna Hills, CA 92653
Subject: Proposal for On-Call Civil Engineering Consulting Services Dear Mr. Ames:
We at W.G. Zimmerman Engineering, Inc. (WGZE) are very excited to submit our proposal for On-Call Civil Engineering Consulting Services to the City of Laguna Hills. This enthusiasm is evident with the current services we are providing to the City for funding support and will continue as we perform work for the City of Laguna Hills. We are a “S” Corporation, as well as a certified Small Business Enterprise (SBE) by the State of California, and a full-service Transportation/Traffic/Civil Engineering firm. We are recognized by Local, State, and Federal Agencies for providing quality professional engineering services on time and within budget.
As a Southern California firm, we are focused and solely a public-agency-serving civil and transportation engineering firm established in 1995. Our company’s mission is “To provide civil, transportation, and traffic engineering services as well as project management and staff augmentation services to assist public agencies achieve their goals.” We are uniquely qualified to provide the City of Laguna Hills with On-Call Civil Engineering Consulting Services because of our experience serving Southern California Agencies on a wide variety of projects from road design, traffic signal design, storm water and flood control projects, Traffic Engineering, municipal projects design, CIP Project Management, and staff augmentation.
Augmenting our Team is Shirley Land of LAND CM and Ruel De Castillo of Coast Surveying.
Please consider the W. G Zimmerman Engineering Team for the following Services:
Section IV – Scope of Services, Number 6 – Civil Engineering Design Services:
• Roadway Design Rehabilitation and Widening
• Storm Drain Design
• Traffic and Transportation Engineering
• Project Management / Staff Augmentation
• Special Funds Administration and Grant Writing
Our experience is very diverse and we have served as contract City Traffic Engineers, City Engineers, Interim Public Works Directors, City Project Managers, CIP Managers, Contracts Managers, Staff Support, and City Construction Inspectors.
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7812 Edinger Avenue, Suite 302, Huntington Beach, CA 92647 T: 714-799-1700 | F: 714-333-4712 |www.wgze.com
As the proposed Project Manager / Engineer, I bring over 30 years of traffic, transportation, civil, and municipal engineering experience to the City of Laguna Hills. My experience includes acting as the City Engineer and Traffic Engineer for the cities of Norwalk, Signal Hill, La Mirada, and Seal Beach.
Our Civil experience includes arterial and local streets pavement rehabilitation, intersection widening, corridor widening, bike facilities, complete streets, drainage systems, median projects, ADA ramps and sidewalks, and parking lots.
Please address all correspondence concerning this proposal and items requiring contractual authority to my attention at the following address:
Bill Zimmerman, PE, TE, PTOE
President / CEO
Cell: 714-412-1597
E-mail: [email protected]
W.G. Zimmerman Engineering, Inc.
7812 Edinger Avenue, Suite 302
Huntington Beach, CA 92647
714-799-1700 | 714-333-4712 fax
We have acknowledged the receipt of both addendums.
I am the authorized signature to contractually bind W.G. Zimmerman Engineering. We look forward to discussing our qualifications in person. If you have any questions, please do not hesitate to contact me at 657.845.9500 office or 714.412.1597 cell.
Respectfully submitted,
W.G. Zimmerman Engineering, Inc.,
Bill Zimmerman, PE, TE, PTOE
President
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7812 Edinger Avenue, Suite 302, Huntington Beach, CA 92647 T: 714-799-1700 | F: 714-333-4712 |www.wgze.com
B. COMPANY DATA
B.1 Firm Profile
W.G. Zimmerman Engineering, Inc. (WGZE) is a certified Small Business Enterprise (SBE) specializing in full-service Civil / Traffic / Transportation engineering since the company’s inception in 1995. The company’s mission is: “To provide civil, transportation, and traffic engineering services as well as project management and staff augmentation services to assist public agencies achieve their goals”.
WGZE specializes in:
• Traffic / Transportation Engineering • Project Management • Civil Engineering • Staff Augmentation
• Municipal Engineering • Funding Management
Since the firm’s inception, WGZE has or currently provides on-call civil/traffic/transportation services to various agencies in Southern California which include the cities of: Mission Viejo, Seal Beach, South Gate, La Mirada, Signal Hill, Norwalk, Downey, Carson, South Pasadena, Thousand Oaks, Stanton, Orange County Transportation Authority (OCTA), Western Riverside Council of Governments (WRCOG). The firm’s founder, Bill Zimmerman, brings over 30 plus years of experience to the City.
His experience includes working with various agencies as a Contract City Traffic Engineer, Interim City Engineer and design services for roadway and intersection widenings, roadway reconstruction, off/on-ramp design, regional traffic signal coordination, traffic signal design and management systems, fiber optic communication design, traffic control, signing and striping plans, drainage, and funding applications and management.
B.2 History and Structure
The Company was established in 1995 as a Sole Proprietorship and formalized as an “S” Corporation in 1999 in the State of California. Our contact information is provided below:
Corporate Office: W.G. Zimmerman Engineering, Inc.
Firm President / CEO: Bill Zimmerman, PE, TE, PTOE
7812 Edinger Avenue, Suite 302
Huntington Beach, CA 92647
Phone: 657-845-9500 direct line | Fax: 714-333-4712
Email: [email protected]
Website: www.wgze.com
Federal ID: 33-0860368
WGZE is certified as a Small Business Enterprise (SBE) by the State of California and various California Agencies including the LACMTA, Port of Long Beach, OCTA, and Caltrans. The firm’s founder, Mr. Bill Zimmerman, is a licensed Civil and Traffic Engineer. His experience in providing OnCall Engineering Services will be an asset to the City of Laguna Hills. Our current staff level is comprised of 10 employees ranging from engineers, technicians, and administrative staff members.
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B.3 Ownership Statement
W.G. Zimmerman Engineering, Inc. is wholly owned by Mr. Bill Zimmerman. No other parties have a vested interest in the Firm.
B.4 On-Call Experience
Since the Firm’s inception in 1995 (30-years), it has solely provided engineering services to agencies through On-Call/As-Needed Contracts. A list of our recent On-Call services is provided below:
Year: 2004 to Present
SOW: City Traffic Engineer, Project Management
Agency: Signal Hill
Services Description: City Traffic Engineer, Project
Management, Funding Applications, Civil
Engineering as needed.
Project Manager: Thomas Bekele, Director of Public
Works
Contact: [email protected]
Year: 2023 to Present
SOW: As-needed Traffic and Civil Engineering
Services
Agency: Downey
Services Description: provide traffic engineering
services through Task Orders. Work includes studies,
ET&S, street lighting, traffic signal design, roadway
rehabilitation, and other work as directed.
Project Manager: Ed Norris
Contact: [email protected]
Year: 1995 to Present
SOW: Traffic Engineering Services
Agency: Mission Viejo
Services Description: As-needed traffic engineering
services, signing and striping plans, traffic studies
review, and minor design services
Project Manager: Rich Schlesinger
Contact: [email protected]
Year: 2023
SOW: Traffic and Civil Engineering Services
Agency: Lynwood
Services Description: Traffic Studies, serve as Traffic Engineer, review traffic operations, prepare traffic
plans
Project Manager: Julian Lee
Contact: [email protected]
Year: 1996 to Present
SOW: Traffic, Civil Engineering and Project
Management
Agency: Seal Beach
Services Description: As-needed Engineering,
Funding Applications, and Project Management
services
Project Manager: Iris Lee
Contact: [email protected]
Year: 2022 to Present
SOW: City Traffic Engineer and Traffic Engineering
Services
Agency: La Mirada
Services Description: Attend City Council, Planning
Commission, and Public Safety Commissions, traffic
engineering services, traffic signal design, and
inspection services
Project Manager: Mark Stowell
Contact: [email protected]
Year: 2023 to Present
SOW: Assistant City Traffic Engineer, Traffic Studies,
Staff Augmentation, and As-Needed Design Services
Agency: South Gate
Services Description: Assistant City Traffic Engineer,
School Studies, Traffic Impact Studies, Street
Lighting Design, and Funding Support
Project Manager: Jose Loera
Contact: [email protected]
Year: 2023
SOW: Staff Augmentation and Project Management
Agency: Carson
Services Description: provide on-site engineering
staff as-needed and project management support
Project Manager: Raymond Velasco
Contact: [email protected]
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B.5 5-Year Client List
• Laguna Hills
• Stanton
• Carson
• Lawndale
• South Pasadena
• South Gate
• Seal Beach
• Costa Mesa
• Downey
• Lynwood
• Thousand Oaks
• Orange County
Transportation Authority
• Mission Viejo
• Signal Hill
• La Mirada
• Norwalk
• Camarillo
• Western Riverside Council
of Governments
B.6 Financial Information
W.G. Zimmerman Engineering, Inc. is a financially stable company with thirty years (30) of providing civil, traffic, and transportation engineering solutions to local agencies. The firm credits its financial strength through our implemented project management program to track budgets and deliverables.
Financial Interests – No outside firm has any financial interest in W.G. Zimmerman Engineering, Inc.
Firms Financial Interests – W.G. Zimmerman Engineering does not have any financial interests in other firms.
Litigation/Adverse Judgement History – W.G. Zimmerman Engineering has never had any litigation or adverse judgment against the firm.
Termination of Contract “For Cause” – W.G Zimmerman Engineering has never had a termination of a contract for cause in the thirty years it’s been in business.
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C. RESUMES AND QUALIFICATIONS OF PERSONNEL
C.1 Project Manager / Firm Representative
W.G. Zimmerman Engineering’s Project Manager/Civil/Traffic Engineer will be Mr. Bill Zimmerman, PE, TE, PTOE. He has over 30 plus years of experience in providing on-call services/as-needed to local agencies. Recently, Mr. Zimmerman served as the Interim City Engineer to the City of Norwalk over the past 5 Years and currently serves as the As-Needed Contract City Traffic engineer to the cities of Signal Hill, La Mirada, and Lynwood. As the City Engineer for Norwalk, he was responsible for managing the CIP from Design to Construction. These projects included roadway widenings, intersection widenings, pavement rehabilitation program, and traffic signal upgrades and operations.
Extensive Local Experience with Public & Private Clients His on-call experience includes working with the cities of South Gate, Norwalk, Downey, Pasadena, South Pasadena, La Mirada, Long Beach, Cypress, Signal Hill, Seal Beach, Westminster, Garden Grove, Newport Beach, Irvine, Anaheim, Fullerton, Yorba Linda, Mission Viejo, Lake Forest, Norco, Lake Elsinore, and Chino. In addition, his experience includes working with the LACFD, OCFCD, OCTA, METRO, WRCOG, and Norwalk Transit. Many of these on-call contracts included roadway design, traffic signal design, storm drains, funding, and staff support.
Project Management Style
Mr. Zimmerman began his career designing and producing bid documents for traffic signals, freeways, roadways, storm drain systems, water and sanitary sewer systems, and performed construction inspections. This experience has given him a strong knowledge base on managing projects from a state, federal, and local level. As a Project Manager, he is “Hands-on” and is intimately involved in the project design, including lending a hand in the design, writing specifications, and developing cost estimates. His belief is that the more information provided to staff, the better the project understanding and the better quality of product.
Recent Relevant Work
Currently, Mr. Zimmerman serves as the “As-Needed” City Traffic Engineer to the cities of Signal Hill and Seal Beach and previously served as interim City Engineer to the City of Norwalk along with providing staff support to various Southern California Agencies on an “As-Needed” basis. In addition, he is providing design review to Orange County Transportation Authority, Western Riverside Council of Governments, Seal Beach (OC405 Freeway Widening), and development projects within Signal Hill, Seal Beach, and Mission Viejo; as well as support to the City of Norwalk and South Gate.
Contact Information
Mr. Zimmerman will serve from our office in Huntington Beach. His direct cell number is 714.412.1597 and email: [email protected].
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C.2 WGZE Key Staff
Mr. Christopher Cordero, PE will represent the W.G. Zimmerman Engineering Team as the Senior Project Engineer for this contract. Mr. Cordero has over twenty years of experience in civil, transportation, traffic, and municipal engineering projects. He has worked on a variety of roadway rehabilitation projects, bikeways (Class I and II), intersection widening, roadway widening, drainage projects, and traffic related projects. His experience includes pavement design, signing and striping plans, traffic staging plans, bridges, retaining walls, hydrology and hydraulic reports, drainage design, intersection widening, traffic signal operations, traffic signal design, and Caltrans PS&E.
Mr. Antonio Magaña will serve as a Project Engineer for this contract. Mr. Magaña has 8 years of experience as a Senior Design Engineer. His projects include traffic studies, roadway design, pavement rehabilitation, roadway widening, traffic signal plan reviews/design, and traffic synchronization project management.
Mr. Jonathan Bui, EIT will serve as a Senior Design Engineer for this contract. Mr. Bui has 2.5 years of experience as a Design Engineer. His projects include pavement rehabilitation, ADA ramps and sidewalk upgrades, roadway widening, traffic studies, traffic signal design, and roadway rehabilitation.
C.3 Key Staff Availability and Resumes
W.G. Zimmerman Engineering proposes
four Key Staff Members in direct
management of projects: Bill Zimmerman,
Christopher Cordero, Antonio Magaña,
and Jonathan Bui. In addition, we have
William Orejana, and Helen Musurlian to
provide support services as needed.
Our project manager and all key staff
assigned to this project will remain
throughout the project and will not be
changed during the course of the project
unless otherwise approved by the City.
Resumes for our key staff are provided on
the following pages and highlight each team member’s project role, education, licenses and certificates, fields of expertise, and relevant experience.
Since we have additional staff available, should the City request a change in staff, we can easily provide additional staff to meet the City needs.
Key Staff Role Availability
Bill Zimmerman
Project
Manager/
Engineer
40%
Christopher Cordero Senior Project
Engineer 50%
Antonio Magaña Project Engineer 60%
Jonathan Bui Senior Design
Engineer 60%
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Bill Zimmerman, P.E., T.E.
Project Manager / Civil / Traffic Engineer
EDUCATION: B.S. Civil Engineering, University of Colorado
REGISTRATIONS: Professional Civil Engineer; CA #48667
Professional Traffic Engineer; CA #2254
YEARS OF EXPERIENCE: 35 Years of Experience
AFFILIATIONS: Institute for Transportation Engineers
American Society of Civil Engineers
Mr. Zimmerman has over 30 years of experience in transportation, civil, traffic and municipal engineering projects. His professional experience includes highway and arterial planning and design, commuter and heavy rail planning and design, local street design, municipal engineering, water infiltration design, Storm drain design, transit station planning and design, traffic management and traffic operation system design, ITS design, communication system design, and traffic studies. His federal funding management experiences includes: HBRR, STPL, HES, IMD, SRTS, Seismic, Discretionary, and ARRA, HSIP, and BTA. He has served as Interim City Engineer, Public Works Director, City Traffic Engineer, and provided City Staff Support.
RELEVANT EXPERIENCE: MUNICIPAL ENGINEERING
Interim City Engineer, Norwalk, CA. Interim City Engineer responsible for City Staff management, developing 8-year CIP, City representative, Funding Manger, project management, consultant management, Design Review, traffic engineering and support, CIP management. As Interim City Engineer, responsible for City issues, attending and presenting at City Council and Commission meetings, attending Public Workshops, and representing the City at inter-agency meetings. In addition, responsible for seeking Federal and State funding for CIP projects from Caltrans and MTA.
Talbot Street Slope Failure Reconstruction, San Diego, CA. Project Manager responsible for hydrology, base plan preparation, retaining walls design, roadway improvements, traffic management program, environmental documents, and PS&E. The first phase of the project involved the development of concept alternatives for the restoration of the slope. These alternatives included retaining walls, shotcrete slope, soil nailing or benched slopes. The second phase was the design of the selected alternative which was the soil nail wall option.
Memorial Park Infiltration System, San Diego, CA. Project Manager for the preparation of the Plan, Specifications & Estimates for the water quality project. The project detained the initial storm run-off through an on-site underground storage and percolation system. This system was developed to allow full park use above the storage system including soccer. An overflow secondary system and bypass system was incorporated into the system. Responsibilities included coordination with the City’s environmental group, the Coastal Commission, RWQB, and adjacent school. The project included hydrology analysis, drainage design, storage system research, and PS&E.
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RELEVANT EXPERIENCE: CIVIL ENGINEERING
Hazard Avenue Storm Drain, Westminster, CA. Project Manager for the preparation of the Plan, Specifications & Estimates to install a dual 60-inch storm drain in Hazard Avenue. The project provided a secondary conveyance system to the existing Orange County Flood Control Channel. Responsibilities included coordination with OCFCD, area-wide hydrology and hydrology analysis, drainage design, coordination with water quality board, sizing inlets, utility relocation, and street design.
San Antonio Drive / Norwalk Boulevard Pavement Rehabilitation Project, Norwalk, CA. The project reconstructed pavement between Rosecrans Avenue and Florence Avenue. The project included the I5 interchange, business district of San Antonio Drive, City Hall, and a residential community. Acted as a design engineer, the project involved Field Review, Surveying, Geotechnical Investigations, Base Plan Development, Pavement Analysis, Stage Construction Plans, ADA Ramp Updates, Sidewalk and Curb and Gutter Repairs, Signing and Striping, and Caltrans Coordination for Encroachment Permit.
Las Posas Class II Bike Facility and Roadway Widening, Camarillo, CA. Project Manager for the design of Las Posas Road from Ventura Boulevard to Pleasant Valley Road. The project would add an additional travel lane in each direction, Class II bike lanes, and sidewalks. Two alternatives were developed. One for the ultimate condition and one for the interim condition which consists of adding a third lane in each direction by reducing lane widths and median. Traffic counts were conducted for mid-block for develop total width of the street and at the intersections to determine impacts and necessary improvement to enhance traffic operations and bike/pedestrian interfaces such as type of bike facilities and sidewalk width for pedestrians.
RELEVANT EXPERIENCE: TRAFFIC ENGINEERING
Contract Traffic Engineer, Seal Beach, CA. Contract Traffic Engineer for the City. Responsibilities include City-wide Speed Zone Studies, project studies, traffic studies, development studies, public presentations, plan reviews, study reviews, traffic signal management, traffic signal design, Consultant Management, signing and striping plan, stop sign warrants, signal warrants, funding management, resident interface, neighborhood traffic calming programs, City Council and Planning Commission attendance, and public forum presentations.
Uncontrolled crosswalk (HSIP) Funding Obligation for Construction, South Gate, CA. Funding Support for the submittal of Request for Authorization to construct the project using federal funds. The project included completing the Caltrans Local Assistance Procedure Manual required forms, preparing the bidding document boiler plate, developing the Federal Specifications, and compiling the technical specifications, plans, estimates, and other required forms as mandated by Chapter 12 of this manual.
Contract Traffic Engineer, Signal Hill, CA. Contract Traffic Engineer for the City. Responsibilities include City – Wide Speed Zone Studies, project studies, traffic studies, development studies, public presentations, plan reviews, study reviews, traffic signal management, traffic signal design, Consultant Management, signing and striping plan, stop sign warrants, signal warrants, lead traffic safety committee, funding management, resident interface, neighborhood traffic calming programs, City Council and Planning Commission attendance, and public forum presentations.
Development of Traffic Impact Analysis Guidelines, South Gate, CA. Traffic Engineer developing City Traffic Impact Analysis guidelines based upon the County of Los Angeles Guidelines and updating them to current state of practice customized to meet the City needs.
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7812 Edinger Avenue, Suite 302, Huntington Beach, CA 92647 T: 714-799-1700 | F: 714-333-4712 |www.wgze.com
Christopher Cordero
Senior Project Engineer/QA/QC
EDUCATION: B.S. Civil Engineering, California State Polytechnical University
REGISTRATIONS: Professional Civil Engineer, CA#84651
YEARS OF EXPERIENCE: 20 years of experience
AFFILIATIONS: Institute for Transportation Engineers
Mr. Cordero has over fifteen years of experience in transportation, traffic, and municipal engineering projects. He has worked on a variety of roadway rehabilitation projects, bikeways (Class I and Class II), intersection widening, roadway widening, drainage projects, and traffic related projects. His experience includes pavement design, signing and striping plans, traffic staging plans, bridges, retaining walls, hydrology and hydraulic reports and computer simulations, drainage design, intersection widening, traffic signal operations, traffic signal design, and Caltrans PS&E.
Mr. Cordero has recently served as Staff Support to the City of Lawndale providing design and plan check services. In addition, within the last few years, Mr. Cordero has provided Staff Support to the cities of South Gate, Carson, South Pasadena, Costa Mesa, and Seal Beach.
RELEVANT EXPERIENCE: MUNICIPAL ENGINEERING
Talbot Street Slope Failure Reconstruction, San Diego, CA. Project Engineer responsible for hydrology, base plan preparation, retaining walls design, roadway improvements, traffic management program, environmental documents, and PS&E. The first phase of the project involved the development of concept alternatives for the restoration of the slope. These alternatives included retaining walls, shotcrete slope, soil nailing or benched slopes. The second phase was the design of the selected alternative which was the soil nail wall option.
Memorial Park Infiltration System, San Diego, CA. Project Engineer for the preparation of the Plan, Specifications & Estimates for the water quality project. The project detained the initial storm run-off through an on-site underground storage and percolation system. This system was developed to allow full park use above the storage system including soccer. An overflow secondary system and bypass system was incorporated into the system. Responsibilities included coordination with the City’s environmental group, the Coastal Commission, RWQB, and adjacent school. The project included hydrology analysis, drainage design, storage system research, and PS&E.
Associate Civil Engineer, Carson, CA. Senior Project Engineer to provide staff support to the City of Carson by providing staff augmentation as an Associate Engineer for the City’s CIP and Development Projects. Services included: review development plans, coordination with developers/engineers, traffic control plan review, CIP plan review, front counter duties, and minor civil engineering design such as ADA curb ramps, sump pumps, and cross gutters.
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RELEVANT EXPERIENCE: CIVIL ENGINEERING
Imperial Highway (SR90) Kraemer Boulevard Intersection Widening, Brea, CA. Project Engineer for the design of the intersection widening to add right turn lanes and additional left turn lanes on four approaches. The project included hydrology/drainage study, traffic study, grading, retaining walls, signal design, roadway widening, curb inlets, signing and striping, geotechnical investigation, Caltrans Section 106, and Caltrans Encroachment Permit.
Adolfo Road at Santa Rosa Drive Intersection Widening, Camarillo, CA. Project Engineer for the concept development and final PS&E. The project includes widening the eastbound leg to allow the installation of dual left turn lanes and a right turn lane in a confined right-of-way. The project included a traffic analysis, concept plan, traffic signal and interconnect design, CEQA development, and geotechnical investigations.
Lambert Road at Kraemer Boulevard Intersection Widening, Brea, CA. Project Engineer for the design of the intersection widening to add an eastbound right turn lane onto southbound Kraemer Boulevard. The project included hydrology/drainage study, traffic study, grading, signal design, roadway widening, PRV relocation, signing and striping, and high-risk utility investigation.
Marina Drive Recreational/Bikeway Trail Project, Seal Beach, CA. Project Engineer for the preparation of the PS&E package from First Street to Pacific Coast Highway (SR-1). The project provides a Class I and II Bike Lanes for the conductivity of the existing Class II bike lane system on Pacific Coast Highway to the Class I Bike Trail along the San Gabriel River. The concept plans were developed which included the use of traffic circles at 5th Street and Marina Drive which included a bike lane. Marina Drive was reconstructed, an adjacent Class I Bike Lane with landscaping, and trail signage was included as part of the project. The design followed the State and Federal design guidelines for federal funding.
RELEVANT EXPERIENCE: MUNICIPAL ENGINEERING
Assistant City Traffic Engineer, South Gate, CA, Serves as the Assistant City Traffic Engineer to the City Traffic Engineer. Duties vary from project design to review of plans, review of traffic impact Studies, studies, traffic control plans, coordinating with City staff, Jamboree Road and Barranca Parkway Intersection Improvements, Irvine, CA. Senior Project Engineer for the modification of the existing traffic signal from a split phase on Barranca Parkway to an eight-phase operation, relocation of the west signal pole, coordination with SCE for the location of the mast arms under High Voltage wires, hydrology analysis, storm drain design, and coordinate signal timing with the cities of Irvine and Tustin.
Woodruff and Via Amorita High-Intensity Activated Crosswalk (HAWK) Beacon, Downey, CA. Senior Project Engineer for the design of a HAWK traffic signal adjacent to Doty Middle School. To determine the pedestrian walk interval a pedestrian study was conducted to determine the number of students within a platoon crossing Woodruff Avenue. Timing was then developed and entered into the controller utilizing HAWK software developed by Wapiti Micro Systems. The project included traffic counts, timing, signal design, ADA ramps, SCE coordination, and Caltrans Request for Authorization coordination for construction.
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7812 Edinger Avenue, Suite 302, Huntington Beach, CA 92647 T: 714-799-1700 | F: 714-333-4712 |www.wgze.com
Antonio Magaña
Project Engineer
EDUCATION: B.S. Civil Engineering, California State University, Long Beach
REGISTRATIONS: FE - Pending
YEARS OF EXPERIENCE: 8 Years of Experience
AFFILIATIONS: Institute for Transportation Engineers
Orange County Transportation Engineers Council
Mr. Magaña has over eight years of experience in transportation, traffic, and municipal engineering projects. He has worked on a variety of roadway rehabilitation projects, bikeways (Class II), roadway widening, drainage projects, and traffic related projects. His experience includes pavement design, signing and striping plans, traffic staging plans, traffic impact studies, traffic signal design, Project Management of corridor-wide traffic signal synchronizations, Caltrans Permitting, and Funding applications and obligations.
RELEVANT EXPERIENCE: MUNICIPAL ENGINEERING
Consultant Services to Support Regional Modeling Traffic Operations Projects, OCTA: On-Site Traffic Engineering Support for the Regional Modeling Traffic Operations project. As On-Site traffic support, duties included: assess existing hardcopy and electronic files systems for previous and current Traffic Signal Synchronization projects, develop a document control system for hardcopies and electronic files, review and update files, coordinate missing documents with agencies and consultants, develop OCTA-led meeting Agendas, assist in the preparation of meeting minutes, interagency coordination, provide support in the development of corridor projects funded through Measure M2 Project P, review SYNCHRO files, develop in-kind match reporting and Project P payment forms, assist CAMM with the execution of cooperative agreements and Contract Task Orders, compute GHG calculations for completed signal synchronization projects, provide RTSSP data to other OCTA staff for various reporting needs, assist in the development of RFP’s for On-Call Traffic Engineering Services and ITS Update, provide project management services, and support OCTA Staff.
RELEVANT EXPERIENCE: CIVIL ENGINEERING
Area 7 Local Street Paving Project, Downey, CA. Project Engineer for the design of street reconstruction and rehabilitation. The project included field evaluation of existing pavement and curb and gutter, pavement treatment for over 16.2 miles over 144 street segments, sidewalk and curb and gutter reconstructions, driveway reconstruction, and ADA ramp upgrades.
Spring Street Bicycle Gap Closure and Complete Streets Project (ATP), Signal Hill, CA. Project Engineer for the design of bicycle and safety enhancements project. The Project included pavement reconstruction, installation of Class 3 Bike Lanes, drainage analysis, Filtera Trees, Pedestrian lighting, ADA ramp upgrades, and pedestrian countdown heads at each intersection along the corridor.
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7812 Edinger Avenue, Suite 302, Huntington Beach, CA 92647 T: 714-799-1700 | F: 714-333-4712 |www.wgze.com
Las Posas Road Widening Concept Plan and Study, Camarillo, CA: Design Engineer for the widening of Las Posas Road from Bonanza Avenue to Pleasant Valley Road. The project developed concepts to widen the roadway from two lanes in each direction to three lanes in each direction, corridor hydrology and drainage study, install Class 2 Bike Lanes, and upgrades signals along the corridor.
RELEVANT EXPERIENCE: TRAFFIC ENGINEERING
Mount Vernon Bridge Replacement D/B Traffic Engineering Support, SBCTA, San Bernardino, CA.
Assists on traffic engineering issues and reviews traffic engineer’s design plans, studies, and traffic signal timing. Additionally, coordinates with SBCTA, City of San Bernardino, Caltrans, D/B Team and the Project Management Team to resolve issues, make recommendations, and provide direction.
Various City-wide Traffic Analysis and Studies, La Mirada, CA: Project Engineer for City requested studies ranging speed studies, parking analysis sight distance, stop sign and traffic signal warrants, to pedestrian studies and signal operations.
Six HSIP Traffic Signal Systems Plan Review, Norwalk, CA: Reviews traffic signal and communication plans and specifications for six Federally Funded projects. The plan review includes traffic signal design review, communications and interconnect review, traffic signal timing and SYNCHRO review, and comparison of project plans to applications.
Rosecrans Avenue Corridor Traffic Signal Upgrades, La Mirada, CA: Design Engineer for the traffic signal design, traffic signal timing and interconnect for three intersections. The project included coordination with Los Angeles County for input in the design. The project included upgrading existing traffic signal operations, equipment, and communications systems.
Pacific Coast Highway (SR-1) and Junipero Avenue Traffic Signal Upgrade, Signal Hill, CA: Design Engineer for the intersection modification to convert the traffic signal to a split-phase operation for the north south direction and eliminated the thru movement. Responsible for the design, signal timing, and Caltrans coordination and permitting.
First Street High Visibility Crosswalk, Seal Beach, CA. Project Engineer for the design and installation of Rapid Rectangular Flashing Beacons on First Street at Central Avenue. The project included the installation of painted crosswalks, signs and striping, and upgraded ADA ramps. 20th Street and Redondo Avenue Traffic Signal, Signal Hill, CA. Project Engineer for the design and permitting for the installation of a traffic signal at the intersection of 20th Street and Redondo Avenue. The project was funded by the City of Signal Hill and the project location was within the City of Long Beach’s city limits. The project included a traffic signal installation, ADA ramps, utility coordination, traffic signal interconnect, and construction support.
Jefferson Elementary School Expansion Traffic Impact Analysis, Oceanside School District, Oceanside, CA. Project Engineer for the study of additional traffic impacts to the community. The project included pedestrian field evaluation, buses interface with parents’ drop-off/pick-up, student drop-off/pick-up zones, school traffic circulation, stop sign and traffic signal warrant analysis, and 4 intersections Level of Service impact analysis.
Contract Traffic Engineer, Signal Hill, CA. Assisting Contract Traffic Engineer for the City of Signal Hill.
Responsibilities include City – Wide Speed Zone Studies, project studies, traffic studies, development studies, plan reviews, study reviews, traffic signal design, and signing and striping plan,
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7812 Edinger Avenue, Suite 302, Huntington Beach, CA 92647 T: 714-799-1700 | F: 714-333-4712 |www.wgze.com
Jonathan Bui, EIT
Senior Design Engineer
EDUCATION: B.S. Civil Engineering, California State Polytechnic, Pomona, CA
REGISTRATIONS: EIT
YEARS OF EXPERIENCE: 2.5 Years of Experience
AFFILIATIONS: Institute for Transportation Engineers
Orange County Transportation Engineers Council
Mr. Bui joined W.G. Zimmerman Engineering in 2022. His experience includes transportation, traffic, and municipal engineering projects. His experience includes working with local agencies on roadway and traffic engineering projects, along with coordination with the County of Los Angeles, utility companies, and Caltrans. This includes research at various local agencies for project related materials. He has worked on a variety of roadway rehabilitation projects, traffic studies, traffic signal upgrades, and signing and striping projects.
Mr. Bui has recently completed projects for the following agencies: Seal Beach, La Mirada, South Pasadena, Thousand Oaks, Signal Hill, Mission Viejo, South Gate, Yorba Linda, and Downey.
RELEVANT EXPERIENCE: MUNICIPAL ENGINEERING
Spring Street Bicycle Gap Closure ATP Project, Signal Hill, CA. Design Engineer for the design to install a bike lane from Atlantic Boulevard to Junipero Avenue. The project was Federally Funded and included repaving the entire street, coordinating with the City of Long Beach, installing Filtra Trees, installation of ADA ramps, count down ped heads, signing and striping, and implementing traffic control.
Roadway Rehabilitation for Residential Zone 5, Downey, CA. Design Engineer for the rehabilitation of residential streets. The project included coordination with the public, visual survey of existing curb and gutter, sidewalks, and pavement condition. A Field Survey report was prepared for City records and design recommendation. Additionally, City of Downey records of previous reports, As-built drawings, utilities, and public records was performed. PS&E plans were developed from 60%, 90%, and Final phases.
Engineering Technician, South Gate, CA. Engineering Technician to provide staff support to the City of South Gate by providing Staff Augmentation as an Engineering Technician. Services included:
processing encroachment permits, drafting conditions of approval, drafting internal memorandums, coordination with developers and engineers, Public Works front counter duties, residential development initial field survey, and development fee calculations. 500 Thousand Oaks Boulevard Traffic Study, Thousand Oaks, CA. Design Engineer for the preparation of a traffic study and adjacent roadway impacts for a proposed 5-story 221 residential units with retail and restaurants complex. The project included a field review of traffic and pedestrian activities of the possible impacted roadways. A traffic study impact reports was prepared based upon the City’ standards along with proposed mitigation.
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7812 Edinger Avenue, Suite 302, Huntington Beach, CA 92647 T: 714-799-1700 | F: 714-333-4712 |www.wgze.com
D. ORGANIZATIONAL CHART
W.G. Zimmerman Engineering’s Civil and Traffic Engineering projects are very extensive. Since the firm’s inception 30 years ago, W.G.
Zimmerman Engineering has prepared project plans either through its “On-Call” contract services or RFP process. Most of our projects were Federally Funded or on a State Route requiring coordination or approval through Caltrans. Our Team is well rounded and has a previous history of working together. We have also included two firms on the Organizational Chart that provide essential services, Shirley Land from LAND CM and Ruel De Castillo from Coast Surveying. Ms. Land has experience in Project Management and Funding. Mr. de Castillo will provide Topographical Surveys as needed.
Transition Plan: W.G. Zimmerman Engineering will work with the City should the need arise to add or transition staff based upon the need of the City. We will provide resumes of candidates to meet the City requirements within a day of the request.
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E. REFERENCES
Project Name: Spring Street Bicycle Gap Closure (ATP) Project Client: City of Signal Hill
Reference/Contact: Thomas Bekele, Director of Public Services Telephone: (562) 989-7355
Email address: [email protected]
Location: 2175 Cherry Avenue, Signal Hill, CA 90755
Services Provided: Traffic and Civil Engineering, PAED, PE, CON Funding Obligation and Management
Project Description:
The project installed Class 2 Bike Lanes along Spring Street from Atlantic Boulevard to Junipero Avenue. It required coordination with the jurisdictions of Long Beach and Caltrans. The project included the PAED and PE phases. It installed striped bike lanes, pedestrian sidewalk lighting, upgraded ADA ramps, installed countdown ped heads, installed filtera trees, and repaved Spring Street along the corridor. In addition, the project includes funding management, obligation, of the PAED, PE, and Construction Phases and coordination with CTC. WGZE was the lead for all aspects of the project.
Project Name: Residential Streets Pavement Rehabilitation Project Area 7 Client: City of Downey
Reference/Contact: Edwin Norris, Deputy Director of Public Services Telephone: (562) 904-7110
Email address: [email protected]
Location: 11111 Brookshire Avenue, Downey, CA 90241-7016 Services Provided: Civil and Traffic Design Services
Project Description:
The project paved 56,314 linear feet (1,893,859 SF) over 144 segments of residential streets. The pavement treatment consisted of slurry seal, cape seal, 2” grind and overlay and 4” reconstruction.
W.G. Zimmerman Engineering conducted a field review of each segment and recommended various pavement treatment based upon actual field conditions. In addition, curb and gutter, sidewalk, driveways, ADA ramps, and cross gutters were analyzed for replacement. The project included new centerline striping, crosswalks, and signage updates.
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7812 Edinger Avenue, Suite 302, Huntington Beach, CA 92647 T: 714-799-1700 | F: 714-333-4712 |www.wgze.com
Project Name: Interim City Engineer and Support Services Client: City of Norwalk
Reference/Contact: Glen Kau, Director of Public Services Telephone: (562) 929-5511
Email address: [email protected]
Location: 12700 Norwalk Boulevard, Norwalk, CA 90650
Services Provided: Civil, Traffic, and Hydrology, and Funding Project Description:
Served as Interim City Engineer from 2014 to 2019 and provided Support Engineering Services. As the Interim City Engineer, responsible for city-wide pavement rehabilitation projects including programming, consultant selection, management, and project close-out. Developed a Pavement Management Program grid system to address street paving needs for local streets within a community. In addition, assisted in developing a city-wide bonding program based upon future SB-1 funds to expedite local street paving projects using the grid system. Managed CIP and Projects including storm drains, water systems, sewer systems, parks, infiltration systems, and successful in finding over $50 million in grants.
Project Name: Las Posas Widening Project
Client: City of Camarillo
Reference/Contact: Ken Matsuoka, Deputy Director of Public Works Telephone: (805) 383-4572
Email address: [email protected]
Location: 601 Carmen Drive, Camarillo, CA 91330
Services Provided: Civil, Traffic, and Hydrology
Project Description:
W.G. Zimmerman Engineering, Inc. developed concept alternative plans to widen Las Posas Road from two travel lanes to four travel lanes in each direction with sidewalks and class II bike lanes. The total length of the project is approximately one (1) mile long. The concept plan looked at different alternatives including full standards which require acquiring right-of-way, a modified version which removes the proposed center median, and a reduced lane width standard. Each standard required an assessment of the drainage features, an initial hydrology analysis, ingress/egress of adjacent facilities including an airport, fire station, and traffic signal modification. Additionally, WGZE was tasked to research possible funding opportunities to design and construct the project
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Project Name: San Antonio Drive/Norwalk Blvd. Pavement Rehabilitation Project Client: City of Norwalk
Reference/Contact: Randy Hillman, Associate Engineer
Telephone: (562) 929-5719
Email address: [email protected]
Location: 12700 Norwalk Boulevard, Norwalk, CA 90650
Services Provided: Civil and Traffic Design Services
Project Description:
Field Review, Surveying, Geotechnical Investigations, Base Plan Development, Pavement Analysis, Stage Construction Plans, ADA Ramp Updates, Sidewalk and Curb and Gutter Repairs, Signing and Striping, and Caltrans Coordination for Encroachment Permit. The project reconstructed pavement between Rosecrans Avenue and Florence Avenue. The project included the I-5 interchange, business district of San Antonio Drive, City Hall, and a residential community.
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F. PROJECT UNDERSTANDING, OVERVIEW AND
APPROACH
F.1 Project Approach
Our focus for our Proposal will be on Section IV, Scope of Services for Item 6 – Civil Engineering Design Services. Since our inception, almost 30 years ago, we have solely focused on working for local agencies. Our project experience includes the preparation of project plans for Capital Improvement Programs, ranging from street maintenance projects to street capacity enhancement projects. In addition, we have served as City Engineers and Project Managers for agencies and coordinated the CIP design and construction activities. This experience provides us with a detailed knowledge of City expectations of the final quality product. Our detailed project approach for arterial highway pavement rehabilitation plans for a 6-lane highway is provided below in the following tasks:
Task No. 1 – Project Administration:
1. Kick-off Meeting – A kick-off meeting will be set within 5 days of the Notice to Proceed. W.G.
Zimmerman Engineering will prepare a meeting agenda, take notes, and prepare Meeting Minutes. Draft Meeting Minutes will be prepared and circulated for comments from all attendees. Once comments are received, then Final Meeting Minutes will be prepared. The Project Team, including our Sub Consultant(s), will attend the Kick-off Meeting. The purpose is to discuss timelines, issues and constraints which may impact the project schedule, request information, set design criteria, set regular Progress Meeting dates, delineate the lines of communications, identification of key stakeholders groups, and set schedule for Public Outreach meetings (if necessary).
2. Project Development Team – A Project Development Team (PDT) will be assembled to address the project. The PDT will include the WGZE Team members, City Staff, Transit Agency staff, Utility companies’ representatives, and members from the community as directed by the City. The purpose of the meeting is to provide regular updates on the project, discuss issues and constraints, proposed mitigation and/or solutions, timelines, and project costs.
3. Planned Meetings – Constant communication is key to the success of a project. We will provide constant communication with the City’s Project Manager by providing weekly emails with status reports, issues and constraints, proposed solutions, and other issues impacting the project schedule. Planned schedule meetings will be held at the following project milestones:
• 60% Plan in Hand Field Review
• 90% Design Plan review
• 100% Design Plan Review
Our intent for these meetings is to be a “working session” for the project design and plan presentation. The plans and design will be developed based upon the City’s criteria and
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scope of work. These working sessions would be an opportunity to receive immediate input, develop feasible solutions, and update the project plans. This process will expedite the City project approvals and assist in maintaining the project schedule and reduce City Staff Time.
4. Project Schedule – The project schedule will be updated on a monthly basis. It will show the anticipated milestones and work completed to date. The schedule will be provided in advance of our monthly meetings. In addition, we will maintain the project timeline to ensure project delivery on-time. A Construction Schedule will be prepared at the 90% PS&E stage. In addition, we will prepare a detailed schedule of deliverables and coordinate with the City on submittals and reviews/comments from the City to ensure schedule compliance.
5. Progress Meetings – We recognize progress meetings will be required throughout the project to discuss progress, constraints and special issues. Four (4) progress meetings are anticipated throughout the project duration. We will prepare meeting Agendas, Draft and Final Meeting Minutes, and follow-up action items.
6. Quality Product – Since we are a 100% public agency serving company and provide staff augmentation and specific design services to these agencies, we have developed a method to ensure a quality design product. It starts with the project team. We have used Coast Surveying for most of our projects since they provide the most accurate survey and in a 3-D AutoCAD format. The team has been very successful in providing a comprehensive and constructible product.
We have implemented a process that starts at the beginning of the project with a field review using City provided As-built project plans. At the 60% project plan level, we conduct a second field review of the project. These field reviews provide information about the project such as obstacles to adjust the project design, access points for residents and businesses, utility conflicts, traffic signal loop detectors, ADA access ramps and pathways, and trash collection areas.
7. QA/QC Plan – At the Kick-off Meeting, we will provide a copy of our project specific QA/QC plan for the City to review and comment. The plan is based upon our experience on similar projects and serving as Staff Augmentation to agencies.
Deliverables: Draft and Final Meeting Minutes, Communication Log, Monthly Project Schedule Updates, QA/QC Plan, and Information Request Matrix
Task No. 2 - Preliminary Design:
1. Data Research – Our team will collect data such as As-built drawings, (electronically and hard copies), reports, any available aerial photographs, Utility Maps, Assessor Maps, centerlineties, and other data available from the City and County of Orange.
Deliverables: Collect and compile Plans, Reports, Maps, Utility Information, and Other Material
2. Topographical Survey – There are two approaches that can be considered; one uses aerial photographs or existing CAD drawings for the base mapping or conduct a topographic survey.
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This approach relies on both field measurements and the City’s Inspector to make decisions in the field for conditions not readily apparent by visual inspections or a change in the geometry such as new driveways or utility appurtenances. These costs drive up construction value.
The second approach of conducting a topographic survey provides detailed information on the existing geometry, terrain, and visible utilities. We use Coast Surveying to perform this topographic survey.
Horizontally the survey will be tied to the California State Plane coordinate system (NAD83).
Vertically the survey will also be based upon the Orange County Benchmark system.
The survey will be developed at 1” = 40’ scale and include the following items:
• Sufficient spot elevations and breaklines to accurately develop contours at a 1.0’ interval with cross sections surveyed at 50’ intervals. • Curbs, gutters, curb ramps, and sidewalk
• Paving types
• Trees and Tree wells
• Street Furniture
• Relevant Driveway ramps and curb cuts
• Grade Breaks in the roadway
• Deformations within the roadway.
• Visible utilities and associated structures
Coast Surveying shall prepare a survey drawing in accordance with the standard acceptable surveying practices and in accordance with all applicable and appropriate requirements of the State of California.
The final survey drawings will be delivered in AutoCAD version 2018 format that will include an interactive surface model and survey point layers.
All survey work performed by Coast Surveying on this project will be done under the direct supervision of a Professional Surveyor Licensed in the State of California.
3. Project Site Evaluation (Field Review) – Reconnaissance: We will conduct a field review of the project site, including documenting the existing condition with photographs. Our field investigations look at visible pavement structural failures such as alligator cracking, raveling, rutting, and potholes.
Additionally, we will conduct a visual survey of the street for failed concrete such as curb and gutter, cross gutters, and driveway approaches. We will take measurements to confirm concrete widths, and lengths, note damaged areas with ties to BCR’s or other hard monuments such as physical street addresses. We will also note subsidence in pavements and curb and gutter for repair. In addition, base plans or As-built plans will be used to verify site conditions including driveways, visible utilities, roadway striping, pavement conditions, sidewalk and curb and gutter conditions, and identify project constraints. The redline plans
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will be presented to the City to discuss project options and any other concerns. Finally, a Photolog will be prepared for the City.
Concrete Work:
Concrete work includes ADA evaluation and upgrades, sidewalk repair (damaged or uplift greater than 1/2” based upon City criteria), curb and gutter replacement, and cross gutter replacement.
ADA ramps criteria has changed in the last decade. The guidelines have been more stringent with ramp slopes and wings. There are two criteria, Caltrans and APWA. The APWA criteria is a little more flexible in an urban environment.
Sidewalk repairs can be caused by numerous factors with tree roots being the most prevalent. In some cases, root barriers may be installed to reduce future sidewalk damage.
The uplift of 1/2" is only a recommendation. The City may consider tighter tolerances or increase this value.
Curb and gutter damage can be caused by a number of factors, subsidence, uplift, or vehicular damage.
Concrete spandrel damage is caused by a number of factors including water intrusion and vertical loading impacts. The visible signs of failure include cracked spandrel, ponding water, and exposed aggregate.
We have conducted numerous concrete evaluations as part of our local street overlay projects and for city-wide concrete evaluation. Below is an example of one of our forms used to assess the concrete conditions for local roadways.
Table 1
ID
No.
Side
(E,W,N,
Or S)
Street Addr.#
Sidewalk
(SF)
Curb &
Gutter
(LF)
ADA
Curb
Ramp
(EA)
*Irregularity
For A, insert
severity level.
Notes or
Comments
1 2
3 4
5 Total
*Spandrels will be added to the spreadsheet
Field Evaluation: Our team will conduct a field evaluation using collected as-built drawings and other maps to review and document field conditions relating to the conditions for:
roadway and alley asphalt, curb and gutter, sidewalk, cross gutters, and catch basins. When we look at the condition of the asphalt, we consider whether a simple grind and overlay will fix the problem, or if a complete dig out is necessary to bring up the pavement life cycle. The latter is usually necessary if the pavement has failed and shows signs of subsidence, alligator cracking or if potholes exist. Our visual inspection of the curb and gutter and
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sidewalks includes broken and cracked concrete, subsidence, uplifted or ponding areas.
Catch basins will be inspected from a street level for visible signs of cracking. This includes the catch basin concrete depression. Our team will document issues and constraints during our field investigations. At critical areas with varying grade differentials, we will collect design survey elevations in order to prepare plans and match right of way to elevations at property lines.
Field Measurements: For each of the items listed above, we will measure the lengths and widths as well as mark these areas that need to be replaced with chalk-based spray paint.
Then we will redline our plans with locations tied to a visible marker. Finally, we will note tree locations where both public and private trees have damaged the City’s infrastructure.
Deliverables: Field Review Matrix, Concrete Spreadsheet Evaluation, Redline Plans, and Preliminary Street Improvement Plans
4. Street Photographs – As part of our Street Field Reviews, we will document our findings with photographs with numbered pictures relating to street segments. A photolog will be presented with our Matrix.
Deliverables: Street Photolog
5. Utility Coordination – Our process includes three utility notifications during the project. The first one is a notice with general plans of project intent with request for information and impacts to utilities. The second one includes 60% plans identifying conflicting utilities and written response of prior rights or identification of ownership and process for raising manholes and valves due to the pavement rehabilitation. The third and final request is at the Final Plan stage to ensure that a plan exists by the impacted utilities for necessary action to reduce the impacts to the City’s contractor. All information will be developed into a Utility Matrix along with contacts, dates and responses.
Deliverables: Utility Matrix and Resolution
6. Monument Locations – Monument locations will be located on the project plans by number with a note to protect in place. Any required reset of the monument caused by the contractor shall be at the contractor’s expenses.
Task No. 3 – Prepare 60% Design Plans:
1. Base Plan and Design Plan Development – We will develop base plans using City as-built plans, topographical survey, and other maps at 1” = 40’. We will verify the accuracy of the developed base plans during our field investigations. Our street design plans will be prepared in three stages; 60%, 90% and Final Plans. At the 60% level design, we will conduct a “Plan in Hand” field review to ensure constructability, accuracy, defined obstacles, and other design features for inclusion in the project plans. We encourage the City to attend our Field Review at this level. At each submittal, we will set plan review meetings with the purpose to highlight project areas of concern and assist the City in the review process. We have used this method on other projects to expedite the process and reduce City Staff workload.
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2. Preliminary Signing and Striping Plans – Our plans will be at 1” = 100’ and based upon field conditions and approval by the City of recommended revisions based upon our operational review. The signing and Striping plans will be developed using the CA MUTCD and City Standards. These plans will also include traffic signal loop replacements.
3. Preliminary Cost Estimate – We will prepare preliminary cost estimates in Excel. It will be detailed per bid item with item description, quantity, unit cost per quantity, and total cost per line item. In addition, we will include a Construction Contingency of 25% and 15% for Construction Engineering. W.G. Zimmerman Engineering has a large database of recently bid projects. Our costs estimates are very accurate.
4. Plan Sheets
• Title Sheet
• Typical Sections, Notes, Details
• Street Improvement Plans (Reconstruction)
• Detail Sheet
• Cross Sections
Deliverables: Preliminary Project Plans (60%) in both hard and electronic plan sets and Preliminary Cost Estimate
Task No. 4 – 90% Design Plans, Technical Specifications, and Engineer’s Estimate
1. Utility Coordination – Utility coordination will occur throughout the project. We have identified our Utility Approach under Utility Coordination. Generally, it is a three-step approach and starts with the initial request for plans and project comment notification, followed by project plans with utility information locations on it to be confirmed by the utility agency and required adjustments such as valve and manhole covers, then the Final Notification of the project plans and potential bid dates.
2. Prepare 90% Plans – Project plans will be revised upon direction from the City and redline comments.
3. Prepare Technical and General Specifications – At the Project Kick-off Meeting, we will request the City’s standards boiler plate and technical specifications (City Attorney Approved). We will review based upon our experience in the preparation of recent Bid Documents for similar pavement rehabilitation projects and make recommendations to the City for consideration. Since this is on the critical path, we will start the review process after the project initiation. Should the City Attorney need to approve the Final Bid and Technical Specifications, this will afford the Attorney the time without delaying the project bid schedule.
Our Technical Specifications will be based upon the American Public Works Association (APWA) Standard Specifications and the City’s standards.
4. Update Project Engineer’s Estimate based upon revised project plans. Cost Estimate will be prepared in Excel.
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Deliverables: Project Plans (90%) in both hard and electronic plan sets, Technical Specifications, Engineer’s Cost Estimate, and Utility Notices and Responses with Updated Utility Matrix
Task No. 5 – 100% Plans, Technical Specifications, and Engineer’s Estimate
1. Final Plans, Specifications, and Cost Estimate will be revised based upon input and comments from the City. A Comment Resolution form will be used as a checklist for the City and our Staff to ensure a quality product.
2. Project Specifications will be provided in hard copy and electronic Word format.
3. Engineer’s Cost Estimate will be provided in hard and electronic copy in Excel format.
Task No. 6 - Final (100%) PS&E and Bid Document
The W.G. Zimmerman Engineering Team will prepare the final plan and bid documents based upon input received from the City on the 100% submittal. A final Utility Notice will be sent out and documented on the Utility Matrix. The Final Bid Documents will consist of the following:
1. Final Utility Notice submitted, and responses provided to the City.
2. Provide Project Plans in Mylar format, signed and sealed.
3. Provide digital plan copies, signed and sealed.
4. Provide a set of Contract Specifications in hard copy format.
5. Provide electronic copy of technical specifications.
6. Provide hard copy of Engineer’s cost estimate and electronic copy in Excel format.
F.2 Additional Services
W.G. Zimmerman Engineering proposes additional services such as Project Management, On-Site Staff Support as needed, and As-needed City Traffic Engineer services. We have staff available as well as Ms. Shirley Land from LAND CM Services. Ms. Land was previously the Transportation Manager for the City of Mission Viejo. We work closely together on numerous projects and supports us in our Staff Augmentation services for local agencies.
F.3 Project Controls
Since we are a small business enterprise, we have a regimented project control program. This program consists of weekly internal meetings to discuss current workloads, upcoming project milestones and delivery schedules, staffing needs, issues and constraints, project scopes of works, and current budgets. During these meetings, staff can be assigned to assist in meeting project milestones and delivery schedules, resolve issues and determine other parallel project needs such as specification and cost estimate development.
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F.4 Quality Assurance/Quality Control (QA/QC)
W.G. Zimmerman Engineering, Inc. firmly believes that Quality Assurance/Quality Control (QA/QC) is a company-wide, team effort.
Throughout the project, we will implement a QA/QC program in accordance with our Quality Assurance / Quality Control Guidelines for Project Delivery Manual. This document clearly defines our firm’s QA/QC policies and ensures the implementation of these policies at all stages of the project. Our subconsultants were specifically selected as they have similar values in quality management. The Total Quality Management program is a continuous process, used not just at project milestones, but daily as workflows from desk-to-desk, discipline-todiscipline, and consultant-to-client.
As a small business enterprise (SBE), our Team’s reputation has been built upon the delivery of high-quality services to our clients.
Initial checks on City standards and design requirements are done at the design level. Mr. Christopher Cordero will be the assigned QA/QC Manager for this project and will make sure the plans and deliverables are consistent with the contract and in line with the City’s goals and objectives. Mr. Cordero has completed a number of projects for Southern California Agencies and has provided Principal Civil engineering services to local agencies.
The QA/QC program will ensure that the project documents:
• Conform with the contract documents
• Comply with City Standards and Department Policies
• Well organized, clear, concise, and complete
• Constructible
The QA/QC Manager will review the design drawings, engineer’s cost estimates, specifications, and any other documents being delivered to the City of Laguna Hills for accuracy and completeness. In addition, our QA/QC Manager will provide daily supervision and guidance to the design team and will be involved with the day-to-day activities of the WGZE Design Team.
At the 60% design level, the WGZE Team will perform a plan-in-hand review to ensure we pick up visible design constraints or possible impacts during construction.
Progress review meetings will be held internally on a regular basis to update the project design team on project development and upcoming project milestones. Prior to any submittal to the City, an extensive review will be performed by both the QA/QC Manager and the Project Manager.
Develop
Execute
Monitor
Refine
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G. SCHEDULE
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H. COMMUNICATION PLAN
Our communication plan is part of our documented Project Management Program that was implemented at the firm’s inception and requires constant communication based upon the project’s needs. A summary is provided below:
1. Set on-site or virtual meeting schedule
2. Weekly progress summary, sent via e-mail
3. Issues and Constraints Logs, issues and agreed upon solutions are documented
4. Daily communication through e-mail and phone calls
5. Prepare communication logs. This includes discussions with the City, stakeholders and utility companies
6. Provide Monthly Progress Reports and Communication Logs
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7812 Edinger Avenue, Suite 302, Huntington Beach, CA 92647 T: 714-799-1700 | F: 714-333-4712 |www.wgze.com
SIGNED FORMS
W.G. Zimmerman Engineering, Inc.
7812 Edinger Avenue, Suite 302
Huntington Beach, CA 92647
714-799-1700 | 714-333-4712 f
Item No. 4.17
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: August 27, 2024
To: Mayor and Council Members
From: Joe Ames, Public Works Director/City Engineer
Issue: Approval of Proposed Professional Services Agreements for On-Call Landscape Architecture Services with: a) Nuvis; b) Richard Fisher Associates; and c) RJM Design Group, Inc.
Recommendation: That the City Council: 1) Approve the proposed Professional Services Agreements for On-Call Landscape Architecture Services with: a) Nuvis; b) Richard Fisher Associates; and c) RJM Design Group, Inc.; and 2) Authorize the City Manager to execute the Agreements.
Background:
The City's staffing model requires reliance upon professional on-call consultant services for staff support of a variety of initiatives and responsibilities, and for capital improvement project implementation in the areas of landscape architecture, landscape maintenance practices, efficient irrigation practices and related support services. This model allows the City to maintain a smaller staff presence and to expand their capabilities as needed for specific initiatives or projects through the use of these contracted professional services. The professional consultant services are provided on an on-call, as needed basis to fill these short-term consulting needs and to meet budget goals.
Due to the pending expiration of existing agreements with landscape architecture firms that have provided professional on-call consulting services to the City, staff issued a Request for Proposals (RFP) on May 2, 2024, for On-Call Landscape Architecture Services, and issued Addendum No. 1 on May 17, 2024, extending the due date for proposals to July 11, 2024.
Item No. 4.17
The Scope of Services requested of the professional consultants in this RFP included the following:
1. Landscape Architect Services
2. Capital Improvement Project Inspection
3. Plan Check
4. Landscape Architecture Design Services
5. Budget Assistance
6. Technical Consultation
Pursuant to Laguna Hills Municipal Code (LHMC) Section 3-08.150 (Professional services contracts), the solicitation and award of professional services agreements are made utilizing the following selection process and criteria. Section 3-08.150 reads in relevant part as follows:
"…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, 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 order to implement this method of selection, the City Manager shall promulgate administrative regulations concerning contracting for professional services to ensure that such services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the city. In accordance with state law, the city shall consider price after the city is satisfied that the would-be person, company, corporation, contractor, consultant, or firm has demonstrated the competence and professional qualifications necessary for the satisfactory performance of the services required. (Emphasis added.)
Therefore, the City utilized a qualifications-based selection process to identify professional firms that are best suited and most qualified to serve the City’s needs. The RFP identified the following criteria for the selection of the professional consultants’ proposals:
1. Experience of the firm and the staff assigned to provide the requested services.
2. Demonstrated understanding of the service needs outlined in the RFP.
3. Successful delivery of similar services.
Item No. 4.17
4. Location of firm and availability of staff to be assigned to projects.
5. Quality of references.
6. Content, quality, completeness and form of submitted proposal.
7. Interview, if required.
On July 11, 2024, seven (7) firms submitted proposals, along with corresponding fee schedules in separate sealed envelopes, for the City’s review and evaluation. Staff evaluated these proposals and determined three of the seven firms should be retained for On-Call Landscape Architecture Services.
As a result of this formal competitive process, it is recommended that on-call Professional Services Agreements (PSAs) be awarded and entered into with the following three qualified firms: a) Nuvis; b) Richard Fisher Associates; and c) RJM Design Group, Inc.
The proposed PSAs are set up for an initial five-year term, and are task order based, non-exclusive agreements, which allows the City maximum flexibility for requesting services and, as desired, allows the City to seek additional proposals for any particular initiative.
Having three firms on-call to provide as-needed consulting services allows the City many options for short-term on-call assignments by professional consultants. If a particular professional consultant team is not available at a desired time, another professional consultant can fulfill that need. And, some firms have greater strengths in a particular technical area than others have, which provides the City the flexibility to use the best qualified firm for a particular assignment.
CEQA Findings:
CEQA Guidelines Section 15378 specifically excludes organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment.
Fiscal Impact:
The continued use of professional consultant services for On-Call Landscape Architecture Services is incorporated and considered in the annual Public Works Department Operating Budget as well as in the related Capital Improvement Program Budget. Staff has identified the City’s anticipated relative services to be potentially provided by any one professional consultant and has recommended appropriate annual
Item No. 4.17
maximum compensation values for the initial five-year term of the PSAs, as listed below. By entering into multiple on-call PSAs for as-needed On-Call Landscape Architecture Services, the City is neither obligating itself nor guaranteeing any compensation to the selected professional consultants.
The proposed PSA with each firm establishes annual maximum compensation values as follows:
Professional Consultant Annual Maximum
Nuvis $150,000
Richard Fisher Associates $150,000
RJM Design Group, Inc. $150,000
Attachments:
1. Proposed Professional Services Agreement - Nuvis Landscape Architecture and Planning
2. Proposed Professional Services Agreement - Richard Fisher Associates
3. Proposed Professional Services Agreement - RJM Design Group, Inc.
Modified Insr Wrty PSA 8082024
1836871.14865-0781-9991, v. 1 1
PROFESSIONAL SERVICES AGREEMENT
Nuvis Landscape Architecture and Planning
On-Call Landscape Architecture Consulting Services
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective the 1st day of September 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 NUVIS, 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 licensed landscape architecture firm to provide full-service landscape architecture consulting services to City, including but not limited to, consultation by a California registered landscape architect, capital improvement project inspection, plan check of landscape improvement concept plans, design of capital improvement projects including site planning, budgeting, and preparation of plans, specifications, and construction cost estimates, budget preparation, technical consultation, coordination with other professional services utilized by City, as well as other related landscape architecture consulting services, on an as-needed on-call basis (“Project”).
B. In response to City’s Request for Proposals (RFP), dated May 2, 2024, Consultant has submitted to City a proposal, dated June 11, 2024, to provide the City with professional landscape architecture consulting services for the Project pursuant to the terms and conditions 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 architecture 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 architecture consulting services for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Consultant agrees to provide and perform the professional landscape architecture consulting services for the Project as set forth in the Proposal/Scope of
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Work, dated June 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 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 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; and, (2) the Consultant’s signed, original Proposal/Scope of Work dated June 11, 2024 submitted to the City (“Consultant’s Proposal”), which shall both be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal/Scope of Work is attached hereto as Exhibit “A” and is 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; and (2nd) 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.
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 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
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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 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 Annual 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 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.
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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 annual contract amount One Hundred Fifty Thousand Dollars ($150,000.00) (hereinafter referred to as the "Maximum Annual Contract Amount"). The method of compensation shall be as set forth in Exhibit “A”.
The Maximum Annual 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 Annual 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 Optional CPI Adjustment. The fees, rates, and/or unit prices set forth in Consultant's Proposal (Exhibit “A”) shall remain fixed and unchanged for the first two years of the term of this Agreement (i.e., from September 1, 2024 through August 31, 2026). Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust Consultant's fees, rates, and/or unit prices as set forth herein shall be made at the sole discretion of the City Manager, in writing, and is subject to the City’s approved budget.
Such fee, rate, and/or unit pricing adjustment(s), if any, shall not exceed the value of the change in the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of June of any given year. In no event shall any adjustment of any fee, rate, and/or unit pricing as authorized by this section exceed five percent (5%) per year regardless of CPI or any other cost factors.
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 product or work is required by the enactment or revision of law subsequent to the preparation of
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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 five (5) years, commencing on September 1, 2024 and ending on August 31, 2029 ("Initial Term"). The City shall have the unilateral option, at its sole discretion, to renew and extend the term of this Agreement for no more than one additional three (3) year term under the same terms and conditions (“Renewal Option”).
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 of a written project task order by the City. Furthermore, Consultant hereby agrees and
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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: Robert W. Stone, PLA, ASLA, Executive Vice President. 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 void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.
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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, 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.
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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 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
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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. Intentionally omitted.
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 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
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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, 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.
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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 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
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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.
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
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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.
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.
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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 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
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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 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
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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 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
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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
To Consultant: Nuvis Landscape Architecture and Planning Attention: Perry Cardoza, President
20250 Acacia Street, Suite 260
Newport Beach, California 92660
Telephone: (714) 754-7311
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.
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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 Labor Code Requirements.
A. Prevailing Wages. Consultant is aware of the requirements of California labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of 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. If the Work or Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Work or Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the City, its 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 the Prevailing Wage Laws.
The foregoing indemnity shall survive termination of this Agreement.
B. DIR Registration. If the Work or Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
10.10 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
ATTEST:
JENNIFER LEE, City Clerk
APPROVED AS TO FORM:
GREGORY E. SIMONIAN,
City Attorney
1836871.14865-0781-9991 , V. 1
(SEAL)
20 "CITY"
CITY OF LAGUNA HILLS,
a California municipal corporation
JARAD L. HILDENBRAND,
City Manager
"CONSULT ANT"
NUVIS, a
B
B
Vice President and Secretary
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4865-0781-9991, v. 1
EXHIBIT “A”
CONSULTANT’S PROPOSAL/ SCOPE OF WORK
FOR
ON-CALL LANDSCAPE ARCHITECTURE DESIGN CONSULTING SERVICES DATED: JUNE 11, 2024
SCOPE OF SERVICES FOR PROJECT
INCLUDING,
SCHEDULE OF PERFORMANCE
AND
SCHEDULE OF COMPENSATION/ FEES
PROPOSAL
SUBMITTAL
CITY OF
LAGUNA HILLS
ON-CALL
LANDSCAPE
ARCHITECTURE
SERVICES
July 11, 2024
[email protected]
www.nuvis.net
urbandesign
Table of Contents
B. Company Data .............................................................................................................................. 3 C. Resumes and Qualifications of Personnel................................................................................... 6 Staffing Plan ............................................................................................................................................. 6 Resumes ................................................................................................................................................... 6 Additional Support Personnel ................................................................................................................ 6 Qualifications of the Team ..................................................................................................................... 6 D. Organizational Chart...................................................................................................................11 Transition Plan ........................................................................................................................................ 11 E. References....................................................................................................................................12 F. Project Understanding, Overview and Approach ...................................................................13 Project Understanding .......................................................................................................................... 13 Approach ............................................................................................................................................... 13 Code Compliance ............................................................................................................................ 13 Landscape Architect Services Consulting...................................................................................... 14 Capital Improvement Project Inspection ....................................................................................... 14 Plan Check Services .......................................................................................................................... 14 Landscape Architecture Design Services....................................................................................... 15 Budget Assistance ............................................................................................................................. 17 Technical Consultant ........................................................................................................................ 17 Project Management ........................................................................................................................... 17 City Resources ....................................................................................................................................... 18 Optional Services .................................................................................................................................. 19 Project Controls ..................................................................................................................................... 20 Cost ..................................................................................................................................................... 20 Timely Invoices ................................................................................................................................... 20 Schedule ............................................................................................................................................. 20 Quality Control/Quality Assurance ..................................................................................................... 20 G. Schedule.......................................................................................................................................21 H. Communication Plan...................................................................................................................23 NUVIS Communication Ideology ........................................................................................................ 23 NUVIS Communication Methodology ................................................................................................ 23 J. Non-Collusion Affidavit ...............................................................................................................24 K. Certificate of Insurance ..............................................................................................................25 L. Certification of Proposal..............................................................................................................26 Appendix ...................................................................................................................................................28
B. Company Data
1. NUVIS, 20250 SW Acacia Street, Suite 260, Newport Beach, CA 92660
2. Perry A. Cardoza, PLA, ASLA, President
20250 SW Acacia Street, Suite 260, Newport Beach, CA 92660, T: 714-754-7311
3. State of California S Corporation
4. 95-2801396
5. Newport Beach: 20250 SW Acacia St, Suite 260, Newport Beach, CA 92660 , 714-754-7311 Pasadena: 595 E. Colorado Blvd, Suite 802, Pasadena, CA 91101, 323-677-5507 San Ramon: 3150 Crow Canyon Place, Suite 160, San Ramon, CA , 925-242-0558 Global NUVIS Email: [email protected]
Perry Cardoza Email: [email protected]
6. NUVIS is privately owned and operated.
7. NUVIS, 12/1993.
Previous: Cardoza Dillalo Associates 11/1971; Cardoza Dillalo Harrington 5/1984
8. NUVIS has been providing professional landscape architecture design and planning services for over 53 years.
9. On-Call Contracts Last Five Years
The scope of work for all contracts is professional landscape architecture planning and design in which NUVIS is Prime. The on-call list does not include those contracts in which NUVSI is a subconsultant.
Contract Managers vary based on task order solicitation.
Fees are recorded in the individual projects in the appendix. Please see appendix for individual public works/community services contracts for parks, recreation, roadway/streetscape, municipal facilities, environmental and planning.
Private developer projects and those outside the categories listed above are available upon request.
On-Call Start Est. End
LAUSD Landscape Architectural Services 2021 9/14/2021 2024 On-Call Laguna Niguel Professional Services 7/13/2023 2026 Tracy Plan Check 3/20/2024 2026
City of Lancaster Multi Year Professional Service RFQ #694- 18 2/19/2019 2022
1
Housing Authority, City of Los Angeles HA-2018-90 (2019) F2
8/1/2019 2024
Anaheim Public Works On-Call Engineering and Design
Services AGR-11546
6/4/2019 2024
City of Brea As-Needed Landscape Design 6/18/2019 2021
City of Montebello On-Call Landscape 6/28/2019 2020
Menifee RFQ No. 2018-3 RFQ Annual On-Call Planning
Professional Services
6/19/2019 2024
City of Irvine Consultant Team #10756 RFP 19-1513 7/1/2019 2024 Laguna Hills On Call Landscape Architecture Services 11/12/2019 2024 Corona On-Call Engineering and Professional Services
Contract RFP 19-016CA
3/7/2019 2024
City of Hermosa Beach On-Call Landscape Architectural
Services PSA 19.0011
12/3/2019 2023
LADOT Urban Planning and Design Services On-Call C13506912/17/2019 2023 Thousand Oaks On Call Professional Consulting Services 7/1/2023 2024 Laguna Beach 2020-2023 On-Call Public Works Services
20-075
5/13/2020 2023
Laguna Woods On Call Landscape Architecture and Plan
Checking
7/1/2021 2023
County of Riverside RFQ for Architectural and Engineering Services
7/1/2021 2024
Lake Forest On Call Professional Services 2020 6/1/2020 2022 Annual MRCA Statement of Qualifications 10/1/2020 2024
Yorba Linda Pubic Works On Call Consulting Services 2021 7/1/2021 2025 Boulder City Engineering, Architecture and Design Public Works and Utilities
3/23/2021 2026
Burbank On-Call 6/28/2021 2024
City County and Port of San Diego Rotation List 7/9/2020 2022 2
Huntington Beach On-Call Professional Design/Landscape
Architectural Services 2021
1/1/2022 2025
Laguna Niguel On Call Professional Engineering Services 6/21/2022 2023 Anaheim Union High School District 9/20/2021 2024
LADOT On-Call 2023 9/1/2023 2028
Fullerton On Call Landscape Architecture 7/5/2022 2025
Santa Ana On-Call Landscape Architecture 5/2/2023 2026
LACCD RFQ DW-22-02 Landscape Design Services
Contract No. 1688
5/5/2022 2025
Anaheim, Community Services Department, ON-CALL
Master Consultant AGR-13954
1/11/2023 20208
Laguna Beach 2023-2026 On-Call Public Works
10. NUVIS has not had any failure or refusals to complete a contract.
11. Owners: Perry A. Cardoza, PLA, ASLA is sole owner at 100%.
12. NUVIS does not have other financial interests or lines of business.
13. NUVIS has not had any litigation in the last five years relative to performance of a professional services agreement or participation on a project.
14. NUVIS does not have any termination of contracts “For Cause” history. 3
C. Resumes and Qualifications of Personnel
Staffing Plan
The key personnel included herein have been a part of the NUVIS team for decades. We do not anticipate any staff changes during the contract terms. However, should a key NUVIS staff person need to be replaced, such request would be provided to the City in writing. NUVIS would not proceed with the new staff person until we receive formal agreement from the City’s Project Manager and/or supervising manager for the contract.
The NUVIS team is prepared to begin work immediately with appropriate resources allocated to meet the desired time frames and deadlines as they arise, without any known conflict of time or interest as of the date of this response to the Request for Qualification.
Resumes
Please see the Key Personnel Professional Profiles herewith. Professional Membership and Registrations are included on the profiles.
Additional Support Personnel
NUVIS currently has a staff of 18 professionals. When proposing staff for a project, NUVIS ensures that there is an appropriate distribution of staff classification levels to complete the required the scope of services in a timely manner for the project. In addition to the four personnel included herein, NUVIS has the capacity to also provide:
Landscape Architects/Professional Landscape Designers: 7 CADD Technicians: 3
Administrative Support: 4
Additional Consultant Personnel: 1 licensed landscape architect; 2 sr. irrigation consultants Qualifications of the Team
Since 1971, NUVIS has provided a wide range of services from idea generation, community facilitation, site planning, conceptual design, schematic design, design development, PS&E and construction to field observation for a variety of projects for private developers and public agencies; several which have been rewarded with industry honors for our clients. In addition, NUVIS has been instrumental in the development of design guidelines and specifications for several agencies and master planned communities throughout California. Related to this experience, NUVIS has been instrumental in the plan check for several agencies and affiliations including City of Laguna Hills, City of Anaheim, City of Laguna Niguel, City of Laguna Woods, City of Tustin, Silver Creek Master Planned Community HOA, and Ruby Hill Master Planned Community.
The team presented herewith has the experience to provide landscape architecture design and review including detailed inspection of landscape improvements to ensure that they are constructible by industry standards including safety and long term maintenance; compatible with design guidelines and land use plans for the area; plant palette is appropriate for the project sites and conforms to City standard; and irrigation system is designed/updated to be in conformance with AB 1881, MWELO, local water district governance and the City’s storm water regulations.
Project collateral sheets for further detailed information are included in the Appendix. 4
Newport Avenue, First Street & Irvine Boulevard Improvements City of Tustin, CA
Perry served as principal in charge for conceptual gateway mounuments and construction documents for 3.5 miles of water-wise street median improvements along Irvine Boulevard, First Street, and Newport Avenue. Scope included decorative concrete pavers, concrete maintenance strips, high-efficiency weather based drip irrigation systems, and low water plant palette. Dates: 2015-2017
PERRY CARDOZA, PLA, ASLA
Professional Affiliations
ASLA, Southern California Chapter, Trustee 2014-2017, President 2012-2013 AIA, Orange County Chapter
Far East Society of Architects & Engineers, Japan
Recognition
2019 ASCE OC Parks & Recreation Project of the Year, Veterans Park Renovation 2018 ASCE OC Parks & Recreation Project of the Year, Crown Valley Park 2017 ASLA National Honor Award - Owens Lake Land Art
2016 APWA BEST Project, Traffic, Mobility, and Beautification, 32nd St. & Newport Blvd. 2016 ASLA/SCC Award of Excellence & Honor Award - Owens Lake Land Art 2016 ASLA/SCC Merit Award - Hanson Property Habitat Restoration & Enhancement Plan 2014 ASCE (LA) Community Improvement Proj. of the Year - LA Brea Streetscape 2012 ASLA/SCC Merit Award - Owens Lake Dust Mitigation & Habitat Restoration 2007 ASCE Project Achievement Award – The Arbor on El Toro CA 3943 . NV 1097
President
With NUVIS
since 1986
Licensure:
CA 3943 . NV 1097
Education
BSLA California State
Polytechnic University,
Pomona 1986
Perry's ability to creatively express his ideas to agencies, councils, and community groups helps in developing a collaborative approach to recreation focused problem solving. He combines this ability with his ideology of landscape architecture to provide memorable design solutions, unique to each project location. Perry, along with the NUVIS team, considers sustainable solutions for all projects. With a focus on collaborative design, Perry seeks opportunities for capturing and treating storm water, creating habitat, specifying colorful, durable, and native water wise plants, and designing accessible solutions which incorporate best management practices.
LADWP Turf Reduction Pilot Program
CMD Smith fo the Los Angeles Department of Water & Power, Los Angeles, CA As principal in charge, Perry oversees a Pilot Turf Replacement Program for residential turf removal, storm water management best practices, irrigation system upgrades and retrofits, low water use plant selection, and site specific design services for program participants. Project scope included graphic design for bi-lingual program outreach flyers and educational handouts for tips on hiring landscape contractors. (More than 1,905 residential customers participating to date as of June 2023.) Dates: 2019-2023 Transit Oriented Development & Old Town District
City of Placentia, CA
Perry served as principal in charge of master plan/design guideline documents including conceptual plans, simulations, sections, themed amenities, and plant palettes for a Transit Oriented Development and adjacent Old Town District totaling 55 acres on either side of the 91 rail line. Improvements calm traffic with infiltration bulb outs, activate alleys, add bike lanes, and meet State water efficient ordinances. Dates: 2015-2017 Beverly Boulevard & Robertson Boulevard Streetscape
Harris & Associates with KOA Corporation, City of West Hollywood, CA Perry served as principal in charge for design development documents and graphics, WHDD Working Group presentations and collaboration, along with construction documents for 0.7 miles of streetscape improvements along Beverly Boulevard and 0.5 miles of streetscape improvements along Robertson Boulevard. Project builds upon the West Hollywood Design District Streetscape Master Plan from 2014. Dates: 2018-2021 5
Other Professional Experience
Parks Superintendent, City of Millbrae Parks and Recreation Department, 1997-1998 Public Works Supervisor, City of Pasadena Parks and Forestry Division, 1991-1997 Professional Affiliations
American Society of Landscape Architects
International Society of Arboriculture
National Parks & Recreation Association
Lamont's water-wise experience with public agencies includes urban forestry operations, park design, installation and maintenance operations, water budgets, MWELO, AB1881, WUCOLS, water use calculations, reclaimed systems, construction observation, and personnel supervision. Mr. Klecker has been responsible for the design of public parks, public and private streetscapes, and commercial facilities. While with the City of Milbrae, Mr. Klecker was responsible for analysis and implementation of improved arboricultural techniques for public agency right-of-way planting projects and tree pruning contracts.
CA 1891 . NV 396
LAMONT KLECKER, PLA
Senior Associate
With NUVIS
since 1998
Licensure:
CA 3382
Education
BSLA California State
Polytechnic University,
Pomona 1987
Tustin On-Call Plan Check Services
City of Tustin, CA
Lamont provided on-call plan check services for the City of Tustin including: Veterans Sports Park at Tustin Legacy, Tustin Redhill, Peters Canyon Channel, Western Slope, Flight at Tustin Legacy, and El Camino Real Improvements. Plan review scope includes:
submitted plan set, supporting documents, studies, specific plans, MWELO submittal requirements, City landscape water efficiency code requirements, City guidelines and specific plans, applicable governing documents. Plan check comment process includes:
spreadsheet documentation of plan check comments, comments submittal to City, request for plan resubmittal, additional resubmittals as required, final approval letter.
DATES: 2016-2017
Laguna Hills On-Call Plan Check & Design Review Services City of Laguna Hills, CA
Lamont provided on-call plan check services and design review for the City of Laguna Hills including: Laguna Hills Mall, Calle de Louisa Improvements, Oakbrook Village, and ActiveCare Laguna Hills. Design review and recommendations for Five Lagunas (mall improvement) plans, new adjacent 6-story residential development towers, and Oakbrook Village retail center renovation, as part of an on-call contract, focusing on connectivity, screening, design continuity, and interface with existing surrounding developments. Design review and recommendations for Oakbrook Village retail center renovation, as part of an on-call contract, focusing on connectivity, screening, design continuity, and interface with existing surrounding developments. DATES: 2014-2015 Irvine On-Call Services
City of Irvine, CA
Lamont provided on-call services and design review for the City of Irvine for a multi-year contract including parks, streets, infrastructure, and public spaces. DATES: 2016-2019 Laguna Woods Landscape Maintenance Observation
City of Laguna Woods, CA
Lamont provided oversight and landscape maintenance observation as part of an on-call contract with the City of Laguna Woods. Scope included preparation of a maintenance manual with site specific check lists for City parks and facilities including:
El Toro Road, City Hall, Moulton Parkway, Woods End Park, Santa Maria, Dog Park, Linear Park, and City Centre Park. DATES: 2014-2015
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BRIAN MADDOCK, PLA
Professional Affiliations
SITES AP 2008, Sustainable Sites Initiative
CA 3943 . NV 1097
Senior Associate
Project Manager
With NUVIS since 2023
Licensure:
CA 6488
Education
BSLA California
Polytechnic University,
Pomona, 2008
Brian has an extensive portfolio in residential, municipal, and commercial projects from LA, Orange County, the greater area of Palm Springs, and Lake Tahoe area. As a Landscape Architect, Brian has been involved with design process from planning/concept level through to construction documents for municipal, residential, and commercial properties. Using his skills he provides commercial services to Developers, HOAs, Retail, and Hotels with complete set of Landscape Plans for Entitlements and Permits. He has worked on a wide variety of construction/engineering projects as well as providing construction oversight and project approvals. He has experience as a project manager, utilizing his knowledge of design and construction standards. Brian addresses each project with his understanding of the design and construction process and how to best meet a client’s design criteria. As a Landscape Architect, Brian utilizes Best Management Practices to promote sustainability. This is achieved by creating an environment conducive to living a healthy lifestyle. Including ideas of alternative transportation, drought-tolerant landscape, rainwater capture, solar energy, and preserving open space (i.e. smart growth). Brian is also an Accredited Professional for SITES (Sustainable Landscape Certification Program) serving as a knowledgeable liaison for clients seeking certification with USGBC.
Independence Master Planned Community, Phase 1, Las Vegas, NV Preliminary Plans, computer graphics, construction document and site observations for new masterplanned community in Las Vegas. Scope of services includes design for main entry road, gateway monumentation, concept lighting plan, and recreation open space.
Synthetic Turf Replacement Project, Irvine, CA
Scope includes the conversion of 2 natural turf soccer fields (#4 & #7) to synthetic turf, replace the existing synthetic turf on 2 fields (#5 and #6), and convert a baseball infield to synthetic turf at the Irvine Great Park. The project includes PS&E for all grading, drainage, cooling system, and construction plans for the latest professional quality synthetic turf sports fields to meet MLS standards LADWP Turf Reduction Pilot Program, Los Angles, CA
Part of a Pilot Turf Replacement Program Task Order, NUVIS provides landscape design and graphic support for residential turf removal, storm water management best practices, irrigation system upgrades and retrofits, low water use plant selection, and site specific design services for program participants. In addition, the project scope includes graphic design for bi-lingual program outreach flyers and educational handouts for tips on hiring landscape contractors.
(More than 1,095 residential customers participating to date as of October 2022.) Western Meadows, Napa, CA
Preliminary design and construction documents for 12 custom homes within a gated community. Scope includes landscape design for common areas, gated entry, and custom front yards.
Lincoln Avenue Widening Project, Anaheim, CA
Conceptual plans, exhibits and construction documents were developed for Lincoln Avenue between East Street and N. Evergreen Street in the City of Anaheim. Plans and exhibits were prepared for proposed medians and refined parkways on the north and south side of Lincoln Avenue, and prepared by complying with the most current Model Water Efficient Landscape Ordinance requirements. A high efficiency irrigation system, coupled with a durable, colorful, low water use, and low maintenance plant material, provides for an attractive east to westerly transportation corridor through the City of Anaheim.
Experience
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Mr. Morita brings over 20 years of experience in project management and site development from site acquisitions and project planning to construction management and installation. With his proficiency in Auto CAD and extensive landscape construction background, Trey is a valuable member of the NUVIS team. Specializing in irrigation design, Mr. Morita’s responsibilities include design team and client coordination, site inventory, technical document preparation, cost estimating, project submittals, and construction administration.
Other Professional Experience
d.d. Pagano, Inc. Irrigation Consultants, Irrigation Designer, Dec. 2015 - Mar. 2018 Landshapes, Lead Designer, Feb. 2014 - Dec. 2015
R.A. Bothman, Estimator, Jul. 2013 - Oct. 2013
ProScapes, Office Project Manager, Nov. 2012 - Apr. 2013 Natures Image (Habitat Restoration), Irrigation Technician, Apr. 2010 - Nov. 2010 HRP Landscape Architect Studio (Valley Crest Co.), Project Mgr., Feb. 2006 - Apr. 2010 Morita & Sons, Inc. (Landscape Constr.) Vice President Operations, Aug. 1998 - Feb. 2006 Morita & Sons, Inc. (Landscape Constr.) Operations Mgr., Aug. 1990 - Aug. 1998 Professional / Technical
Irrigation Association Member
Toro-U Irrigation Design Certificate
EMT Certification, 1997
TREY MORITA
CA 3943 . NV 1097
Senior Irrigation
Designer
With NUVIS
since 2018
Education
AA, Liberal Studies
Mt. San Antonio
College, 1991
Village Pond Park / Veterans Park
City of Lake Forest, CA
Trey provided technical irrigation construction documents for the renovation of a 5.4 acre passive park overrun by birds and waterfowl. Improvements include a native garden, water-efficient shrub plantings, pond water-quality mitigation/enhancement, floating islands, walking trails, bird deterrent programming, lighting and fencing.
Dates 2013- 2019
Highgate Linear Park & Dog Park
Bolthouse Properties, Bakersfield, CA
Trey provides technical irrigation construction document preparation for a farm-themed 9-acre linear recreational park surrounding a community development including fitness areas, play areas, picnic areas, dog park, seating areas, shade structures, trailheads, open space and parking lots along the Kern River Canal and future West Beltway Levee.
Dates: 2018 - on-going
Burke-Ham Park
d’Santana Arquitectura for City of Lynwood, CA
Trey provides technical irrigation construction document preparation for 0.25 acre improvements including 2 new play areas for multi-age use, new safety surfacing, new shade structures, relocated flagpole, benches, drinking fountain, pilasters, tree grates, walkways, fencing, new high-efficiency irrigation system, trees, low water use planting, and open turf areas with storm water infiltration basin. Dates: 2019 - on-going Jeffrey Open Space Trail (JOST) Extension
BKF Engineers for the City of Irvine, CA
Trey provides technical irrigation construction document preparation for an extension of the JOST Trail from Barranca Parkway to Walnut Avenue along Jeffrey Parkway. Trail amenities include rest stops with custom shade structures and enriched paving, seating, drinking fountains, bike repair stations, dog waste bins, decomposed granite paving, native low-water use planting, and high-efficiency irrigation. Dates: 2021 - on-going Central Park Build Out
PSOMAS for the City of Santa Clarita, CA
Trey provides preliminary irrigation design and techinical construction document preparation for a 17-acre expansion to an existing sports park including 4 new soccer fields, gathering plaza, rest room building, parking lot, walkways, trails, exercise stairs with rest landings, shade structures, grass berms, preservation of existing trees, infiltration basin, and terraced dog park with contoured exercise steps. Dates: 2019 - on-going 8
D. Organizational Chart
Transition Plan
As per the previous section request for same information, should a key NUVIS staff person need to be replaced, such request would be provided to the City in writing. NUVIS would not proceed with the new staff person until we receive formal agreement from the City’s Project Manager and/or supervising manager for the contract. City of Laguna Hills Perry A. Cardoza, PLA, ALSA
Principal in Charge/Contract
Administrator
Lamont Klecker, PLA
Project Manager
Trey Morita
Irrigation Designer
Brian Maddock, PLA
Landscape Design
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E. References
City of Anaheim
Naomi Gruenthal, Community Services Project Planner, 714-765-4465 Anna Straabe, Associate Project Planner, 714-765-4463
200 South Anaheim, Blvd, Anaheim, CA 92805
Projects: Paul Revere Court Replacement
Karmer Building Property Dev
Paul Revere Pocket Park
Brookhurst Park Moon Tot Lot
Maxell Dog Park
Ponderosa Park Master Plan
City of Tustin
Jason Churchill, Field Services Manager, 714-573-3000
Doug Stack, Director Public Works, 714-573-3150
300 Centennial Way, Tustin, CA 92780
Projects: Heideman ES Park
Plan Check: Alley Grove
Centennial Park Entry Study
Bark Barracks Dog Park
Sycamore Avenue Medians
Peppertree Park
Del Amo Vacant Lot Frontage
Frontier Park Half-Court
Basketball
Serrano Paseo @ Tustin Ranch
Tustin City Hall Demonstration
Garden
Tustin Edinger Well Ph2 - CIP6015
Tustin Frontier Park
Tustin Newport Ave, 1st, & Irvine
Blvd
Tustin On Call - Landscape Plan
Review
Tustin Police Memorial
Tustin Ranch Road
Tustin Turf Conversion
Streetscape Master Plan
Tustin Walnut Avenue
City of Laguna Beach
Tom Perez, Asst Director of Public Works, 949-464-6688
505 Forest Avenue, Laguna Beach, CA 92651
Projects: Jahraus Park
Moulton Meadows Dog Park
Bluebird Storm Drain Outfall
City of Tracy
Bill Engleman, Parks Projects Coordinator, 209-831-6245 333 Civil Center Plaza, Tracy, CA 95376
Projects: Plan Check: Village 14 Streetscape
Plan Check: Develop Plan Check Matrix
Plan Check: Village 11
Plan Check: Village 12
Plan Check: Village 13
Plan Check: International Park Commerce
Plan Check: Corral Hollow RAB
Plan Check: Sierra View Lammers
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F. Project Understanding, Overview and Approach
Project Understanding
NUVIS understands that the City is seeking professional services from knowledgeable and talented landscape architecture firms (two firms) to support in a full range of services including, but not limited to field reviews, technical evaluations, inspections of capital improvement projects, landscape, and irrigation plan check/review; PS&E for various capital improvement projects, budget review/preparation assistance and irrigation related water conservation/quality technical consulting.
These services are part of NUVIS’ day-to-day operations, and we have assisted many various agencies with similar services over our 53 years of business. We are in tune with the fact that some of these services may take place throughout the fiscal year, and others will have a more dedicated schedule.
The City will issue task orders as needs arise, and NUVIS will respond to the task order with appropriate information which at minimum would contain information on scope and fees. If NUVIS believes subconsultants would be necessary to fulfill a particular task, that information would be presented to the City in the Task Order Response. It is our understanding that the current scope of services is directly related to professional landscape architecture and are not requiring other disciplines at this time.
Approach
The following is an overview of professional services by NUVIS to support the Scope of Services presented in the RFP
Code Compliance
During NUVIS’ review process (and our own design process), plans and projects will be checked against codes and regulations to indicate if the project meets local, state and federal requirements including, but not limited to:
• B” Permit Process
• ADA Standards for Accessible Design
• California’s ADA Compliance Manual.
• California Title 24.
• California’s Access to Parks Guidelines.
• ATBCB’s Final Rule/Guidelines for Recreation Facilities. • ATBCB’s Draft Guidelines for Accessible Public Right-of-Ways. • ATBCB Recreation Access Advisory Committee Recommendations for Accessibility Guidelines: Recreational Facilities and Outdoor Developed Areas. • FHA’s “Designing Sidewalks and Trails for Access”.
• USDOI’s Universal Trails Assessment Process (UTAP); and • USDOI’s Outdoor Recreation Access Route (OPAR) guidelines • Department of Interior's Design Guide for Accessible Outdoor Recreation • CPSC Guidelines
• Crime Prevention through Environmental Design (CPTED) • AB1881 (MWELO)
• Local Water District requirements, and
• County Flood Ordinances
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Landscape Architect Services Consulting
NUVIS’ experienced professional landscape architects and irrigation design professionals will meet with the City to consult and address technical issues brought forward including, but not limited to field reviews, landscape evaluations, irrigation system evaluations, plant quality reviews. These reviews may be done virtually with the staff based on documentation provided or may require site visits in order to document existing conditions.
NUVIS will evaluate the conceptual design (prepared by others) and budget to evaluate potential solutions and cost savings.
As required by the project, NUVIS will provide final written documents indicating if the site is achieving substantial conformance to the plan(s), any recommendations and/or concerns, and final approvals if applicable.
Per the RFP, NUVIS has allowed for up to 30 hours for services within this task.
Capital Improvement Project Inspection
NUVIS’ senior irrigation design professionals and licensed landscape architect will meet with the City to understand the overall goal of the private developer project improvements (by others) and receive applicable plans and documents. In order to properly conduct assessments/reviews NUVIS will need to fully understand any background information on the site, existing conditions, how the site is currently being used and the intended improvements at the site.
On-site investigations will be conducted for each property on foot. First hand observations will be recorded and digitally documented. Evaluations will be made based against plans and visually observing plant material health, species, and placement; landscape amenities (if applicable); irrigation system, installation, and water use/conservation and quality.
As required by the project, NUVIS will provide final written documents indicating if the site is achieving substantial conformance to the plan(s), any recommendations and/or concerns, and final approvals if applicable.
Per the RFP, NUVIS has allowed for up to 20 hours for services within this task.
Plan Check Services
NUVIS will provide experienced staff to review:
1. Proposed development landscape improvement concept plans for the Community Development Department to assist in conditional project applications to meet City Code and General Plan Requirements (including the Urban Village Specific Plan).
2. Landscape improvement construction plans for both private and public.
3. Irrigation system design for conformance to the Water District, local water conservation requirements and City Code.
Plan Check Service are typically on an as needed basis, and include, but are not limited to:
• Comprehensively review and provide detailed input/comments regarding the accuracy, adequacy, and completeness of the proposed plans. Provide corrective compliance recommendations.
• Assist City Public Works staff in review of Irrigation and Landscape Improvement plans. 12
• Perform field review to ensure plant and/or tree material and irrigation system has been installed correctly (or constructed correctly) and are – or will be – operating correctly.
NUVIS assumes these services will be requested up to six times per year with each plan check set consisting of ten sheets. The sets will be checked up to three cycles.
Landscape Architecture Design Services
NUVIS will provide professional landscape architecture design services for development of plans including planting, irrigation, site amenities, public art, and water quality improvements for parks, medians, parkways, sports fields, open spaces, trails, habitat areas and related facilities.
The following is a typical approach for an existing three-acre park refurbishment project.
Kick Off Meeting
The NUVIS team will attend a kick off meeting with the City in order to discuss design objectives, refine calendar and understand expectations.
Site Reconnaissance/Data Review
The NUVIS team will conduct a site and data review. Existing conditions will be digitally documented, and notes will be made based on any existing site influences which may have an effect on the design solution. Observations will include:
visually identifying: adjacent land uses, drainage patterns, existing infrastructure, pertinent visual characteristics, environmental conditions, site influences, and view potential/orientation and visual impact; and
evaluating: impact of pedestrian, equestrian, bicycle, and vehicular circulation patterns, physical opportunities and constraints, maintenance needs, and interrelationship with current trails and recreation facilities.
If existing data is not sufficient, NUVIS will notify the City and provide written request for such data and/or services to obtain required data.
Preliminary Design Plans
Using the information gathered during site reconnaissance and data research coupled with program criterion, NUVIS will develop illustrative site concept plans. These will illustrate elements such as special pavement, general landscape character and recreational features. They will include both soft scape and hardscape elements.
A meeting is held with the City at this point to discuss the concept site plan and receive input relative to programing, placement of activities, and overall landscape theme.
Schematic design is where we take the approved conceptual designs and turn them into landscape architecture. It is during this process that we use drawings to establish the scale of the project, it's relationships to the site and its landscape architectural language. We take the strongest conceptual design scheme and generate plans, elevations, sections, and refined site plans to communicate our design intent. A plant palette is developed indicating botanical and common names with images to further convey the design intent.
A second design phase meeting is held with the client to obtain final design refinements before the project begins design development phase.
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At this point, the design of the project site has been finalized and it is now a process of refinement of the approved schematic design. This is generally the initial stages of construction documents, and the plans are created in AutoCAD. In addition to all the hardscape and softscape elements, this plan will also show the grading concept.
Depending on the project, a materials board will be generated that presents the types of plant materials, hardscape materials, finishes, materials, and colors that will be prepared to depict the character, color and texture of the hardscape and landscape materials. The plant palette will be refined and image boards containing digital prints of intended plant material may be included.
Final plans are prepared in full color and on 24”x36” sheets. These are referred to as Final Preferred Concept Plans and can be used for presentations to the City and grant applications.
Computer Generated Exhibits/3D Design (Optional)
As an option, the City may elect to have NUVIS develop computer generated graphics which will help convey the design intent. These graphics may be 2D or 3D and may include additional illustrations of before/after design, vinaigrettes, birds eye perspectives and other types of renderings.
NUVIS also has the computer ability to develop graphics which demonstrate various times of day, seasons of the year, as well as animation.
Community Meetings (Optional)
As an optional service, the City may elect to include NUVIS to facilitate community meetings/presentations. These meetings serve as an opportunity for the residents, community, and stakeholders to have a say in the design of a project before decisions are made by others.
Typically, meetings occur during the preliminary design phase at key milestones for input. Input and feedback are discussed with the community and integrated as determined by the Project Manager and Design Team. Additional meetings may occur with one to present the Final Preferred Concept Plan to the public.
Presentations to City Council/Commission (Optional)
Prior to initiating final plans, NUVIS may attend a City Council or Commission to present the Final Approved Concept Plan for approval. This task is in coordination with the Project Manager.
Construction Documents
The first step in the preparation of construction documents involves consolidating explicit information into an accurate "base sheet." It is our recommendation to submit this "base sheet" through the review process. We have found that approval of the base sheet at this stage has prevented major design alterations once construction documents are under way.
Preparation of construction documents formulates the projected elements into one (1) set of working drawings on 24" x 36" sheets at 20' scale and specifications book conforming to the City standard construction methods, the Standard Specification for Public Works Construction and applicable County, State, and Federal regulations, and codes (i.e., CPSC, ADAAG and DOI).
Technical specifications are developed in CSI three-part format in SpecPoint (MasterSpec). This format allows for uniformity and provides checks and balances for all team members, providing for smoother specification review by the City.
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PS&E packages from all disciplines will be collated and submitted at agreed upon stages of completion for agency plan check and review. NUVIS and subconsultants will refine plan with any necessary corrections prior to proceeding to the next phase.
Final PS&E packages will be submitted in accordance with the requirements in the RFQ. Final deliverables will include signed sets and electronic files. Any reports, studies or tests not previously submitted to the City will be included in the Final submittal.
Bid Phase Support
Although the City administrates the bid process, the NUVIS team is available for interpretation of plans and specifications, submitting information for addenda, reviewing bid proposals and assisting with the awarding of the construction contract.
Construction Phase Support
Performance of field observation during construction establishes standards of acceptability. Duties would include but not limited to:
• attendance at pre-construction conference.
• respond to questions and interpret plans and specifications. • assisting in determining and processing change orders. • attendance at periodic site visits as mutually agreed with City. • review of shop drawings, samples, and other submissions. • field selection of plant material; or
• participation in preliminary and final checklist preparation.
As requested by City, NUVIS will visit the site at intervals appropriate to the stage of construction to review the progress and quality of the work and to determine in general if the work is being performed in a manner indicating that the work, when completed, will be in substantial conformance with the construction documents.
Budget Assistance
NUVIS is available to assist the staff with its development of the Departmental and Capital Improvement budget. This assistance would be to review the estimates of proposed improvements and assist in determining the hierarchy of improvements based on need/funding.
NUVIS will rely on the City to provide funding information and goals in order to assist in budget development.
Per the RFP, NUVIS has allowed for up to 16 hours for the services within this task.
Technical Consultant
This task involves reviewing City standards related to irrigation for water quality and conservation as well as boiler plate specifications pertaining to Landscape Maintenance, Tree Maintenance and Rodent Control. Based on NUVIS’ 53 years’ experience, standard in the discipline of landscape architecture, and practices similar in other cities, NUVIS will provide recommendations as needed.
Per the RFP, NUVIS has allowed for up to 20 hours for this task.
Project Management
NUVIS will approach each design project through practical analysis of the unique conditions associated with the particular location and program criterion. Design solutions are then tailored to the specific situation to ensure maximum effectiveness. Our project management process is predicated upon:
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• understanding, articulating and resolving specific project issues. • establishing and following a well-defined design statement. • innovative, creative analysis and alternative idea generation; and • intensive design team collaboration.
Plan check review services and site inspection services are initially reviewed with the Project Manager to determine project goals and design intent. NUVIS will work with the City to obtain all necessary plans and documentation such that the process will proceed smoothly and without unnecessary delays.
A number of management tools will be utilized in progressing each project including graphically presented timeline, regular meetings, and regular progress/project status reports. Our goals will be to:
• develop an awareness of the project and City expectations. • obtain concurrence on a time schedule.
• identify issues before they become problems.
• review appropriately, critical issues.
• maintain communication flow with the City; and
• provide technical direction for project requirements and standards.
Regularly scheduled in house meetings will be held with members of the NUVIS team. Schedules and technical items will be reviewed, and remedial action will be taken as necessary to maintain adherence to an established schedule.
Budget Assistance
City Resources
Unless otherwise indicated in the project information, City shall designate a representative, from appropriate departments, authorized to act in the City's behalf with respect to the project. The City shall also furnish NÞVIS with all necessary reference data, which includes, but is not limited to the following:
• accurate and current aerial photo topography and boundary survey information. • accurate and current/proposed infrastructure, service and utility plans. • record maps and street improvements.
• accurate reference data.
• funding limitations and phasing requirements.
• project requirements including program, constraints, and criteria. • prompt notification in writing of architectural, engineering, or site changes. • as-builts, where appropriate, for coordination with existing facilities; and • historical or other pertinent information.
City shall furnish an aerial and topographic survey including horizontal and vertical control benchmarks, grades and lines of streets, pavements and adjoining properties, right-of-way, restrictions, easements, boundaries, contours, other improvements, and trees.
City shall furnish all reports including but not limited to arborist tree surveys, geotechnical investigations, soils reports. City shall provide all environmental documentation required for improvements.
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City shall be responsible for review of documents submitted and render decisions pertaining thereto in a reasonably prompt manner, so as to avoid unreasonable delay in the orderly progress of services.
City shall be responsible for all plan check fees and building permits; review of documents submitted and render decisions pertaining thereto in a reasonably prompt manner, so as to avoid unreasonable delay in the orderly progress of services.
The City shall pay for all costs associated with printing or advertising the project for construction bids.
The City shall perform bid administration duties, including but not limited to, advertising for bid, preparing addenda, receiving and awarding the construction contract documents.
The City shall perform construction administration/management responsibilities, including but not limited to, the preparation, approval, issuance of Certificates of Payment, Change Orders, and Final Notices, and providing daily construction inspection of the project. This work shall be in addition to the observation services provided by the consultant.
The City shall provide daily construction inspection of the project and such costs will not be borne by the consultant. This work shall be in addition to the observation services provided by the consultant.
Optional Services
NUVIS offers a wide range of professional landscape architectural services including, but not limited to:
Project Orientation and Site Visitation
Project Research and Data Collection
Project Administration / Coordination
Subconsultant Collaboration
Public Presentations
Governmental Agency Coordination
Master Planning and Review
Specific Plans
Design Guidelines
Image and Story Boards
Opportunities and Constraints Plans
Design Charrette Facilitation and Participation
Community Workshop Facilitation
Site Plan Refinement
Graphic Presentation Exhibits
Character Sketches or Vignettes
Elevation and Section Studies
3D Modeling and Photographic Simulations
Plant Palette Development
Planning & Improvement Studies
Refined Document Preparation
Illustrative Site Plan
Elevations, Sections, and Sketches
Typical Planting Vignettes
Conceptual Construction Details
Site Amenities and Furnishings
Working Drawings
Grading Plans
Construction Layout Plans
Construction Details
Planting Design Plans
Irrigation Design Plans & Water Use Calculations
MWELO / AB 1881 Compliance
Plan & Book Specifications
PS&E Interpretation
RFI/RFC Responses
Addenda Submittals
Bid Phase & Construction Support Services
Change Order Assistance
Shop Drawing Sample Review
Plant Material Review
Final Checklist Input / Record Drawings
Plan Checking / Design Review
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Project Controls
Cost
NUVIS has always been proud of our responsiveness and ability to prepare documents which are sensitive to our client' budgetary constraints, but not limited by them. Given our 53 years of professional design experience, NUVIS has worked with a variety of suppliers, vendors, and contractors throughout California. We have a strong understanding of reputability amongst providers and know from whom we can source and trust in order to achieve the highest quality yet cost effective product.
Probable statements of construction cost are developed throughout the design services phases to assist in monitoring the effect of the design solution on the budget. These are presented to assist the City in the approvals process and to help prevent costly redesign due to budgetary concerns.
Timely Invoices
Invoices are prepared monthly and shall be presented for the proportionate number of professional services either based on the ratio of services performed to the total for lump sum billings or actually rendered for hourly billings in addition to direct project expenses and are due upon receipt.
Schedule
NUVIS shall perform services as expeditiously as is consistent with generally accepted standards of practice, professional skill and care to meet requested submittal dates. We prefer to address projects in a pro-active stance, not by reactionary or crisis management.
Quality services are by design. Advanced planning and experience guide the project and team toward the delivery of quality professional products. It will be this team's goal to monitor and furnish services in a manner which will produce consistency in deliverables. Regular communication and forums will be held with NUVIS team members to monitor schedules, review technical items, and address remedial actions as necessary to maintain adherence to desired time frames. The software program, Microsoft Project, is often utilized to keep the Client and team on track.
Quality Control/Quality Assurance
Due to the fact that NUVIS has had several state and federal projects, our Quality Control/Assurance Process has been in place for decades. The program involves a minimum of two individuals: an originator and back checker, and a checker and verifier. The originator provides design information to the drafter or CADD technician who then submits applicable documents, first, for plan check then after corrections are made to the checker. The checker is responsible for reviewing exhibits, drawings, and calculations, independent of originator or project manager, for technical adequacy, conformance to applicable standards/formats and consistency with corresponding calculations. Calculations are prepared by two separate individuals then averaged by the project manager. The process is easily tracked and visually verified by performance auditors.
Fundamental to project success and further cost savings is the ability of Contractors to read and understand the PS&E produced by Team NUVIS so that a project finishes on schedule. Time and time again, construction managers/contractors comment to NUVIS on how concise, accurate, easily read, and complete the PS&E packages are produced by the firm's technicians. NUVIS staff is reachable and conducts site visits as agreed upon during the construction phase. 18
G. Schedule
The following is a suggested schedule for the services indicated:
Landscape Architecture Services
On-Call consulting with City staff to address technical issues:
Capital Improvement Project Inspection
Inspector for landscape/irrigation/water quality projects Inspection Task Estimated Hours per Inspection
Landscape Inspection Up to 6 hours per staff
Irrigation/Water Quality Inspection Up to 6 hours per staff Plan Check
Professional landscape and irrigation plan check services (10 page sets) Plan Check Task Estimated Hours per Plan Check
Preliminary Concept Plan Check Up to 6 hours for concept plan check Concept Plan Additional Reviews Up to 6 hours for each additional review each PS&E Landscape and Irrigation Initial Plan
Check
Up to 8 hours for PS&E review
PS&E Landscape and Irrigation Additional
Review
Up to 6 hours for additional PS&E review each
Report Generation Up to 1.5 hours per final review
Landscape Architecture Design Services
Assumption: 3-acre park with planting, minor hardscape and irrigation improvements only. No changes to other facilities or amenities:
Task Estimated Hours/Days/Weeks Per Phase
Kick Off Meeting 3 hours
Site Review/Data Review 1-3 days
Preliminary Plans
(Concept/Schematic/Design Development)
4 -6 weeks
Construction Documents Up to 6 months (including three reviews by City/agency at two weeks each)
Bid Phase 1 month (typical)
Construction Phase TBD by City
Project Close Out/Record Drawings Up to 2 weeks
Technical Consulting Task Estimated Hours per Review
Field Review 2-6 hours per staff
Landscape Evaluation Up to 6 hours per staff
Irrigation Evaluation Up to 6 hours per staff
Plant Material Quality Review Up to 4 hours per staff
Budgeting and/or Conceptual Design & Costs Up to 30 hours per staff 19
Budget Assistance
Provide professional support in development of Departmental and CIP biennial budgets Support Task Estimated Hours
Review Existing Information Up to 4 hours
Meet with City and Provide Information over
the Year
Up to 6 hours
Final Budget Meeting with City Staff Up to 4 hours
Technical Consultation
Review and improvement recommendations for water conservation and quality, specifications and similar documents.
Review Support Task Estimated Hours
Review Existing Information Up to 4 hours
Develop Recommendations Up to 6hours
Meet with City to Discuss Recommendations Up to 3, two-hour meetings Review Final Recommendations Up to 4 hours
20
H. Communication Plan
NUVIS Communication Ideology
We believe that one of the keys to the success of the project is effective and thorough communication between the Agency and design team to identify and resolve issues, thus allowing the necessary services to proceed quickly and efficiently. We prefer to build a ‘partnering’ relationship with our project team - the client, associated review agencies, and subconsultants. Regular meetings provide a continuum to receive information, clarify input, inform staff of progress and direction, generate information, and allow the Agency the opportunity to review and comment on concepts and design formulation.
Creative problem solving evolves from maintaining communication, building consensus, and identifying issues before they become problems. We encourage interactive participation of involved parties to allow for appropriate orientation and awareness of project site potential and constraints, obtaining concurrence on schedules, team effort conflict resolution, adaptability, flexibility, responsiveness, and looking at problems as opportunities.
NUVIS Communication Methodology
This task includes coordination and interface including, but not limited to, meetings, telephone conversations, memos, faxes, voice mail, and email with community stakeholders, applicable governmental agencies’ departments, and project design team. Initially, the meetings will establish the guidelines and specific criteria to direct the team's efforts. Thereafter, these meetings will provide a continuum to receive information, clarify input, inform staff of progress and direction, generate information, and allow the City the opportunity to review and comment on draft concepts and recommendations. These concerns, needs or alterations will be addressed expeditiously, thereby keeping the progress of the work at a maximum.
Depending on the needs of the project, NUVIS may prepare monthly progress reports during the development of the design and construction documents. Monthly progress reports will include work completed and progress for each task. Report may include, but not limited to:
• Summary review of all key actions
• Updated project schedule
• Updated statement of probable construction cost
• Review/status of any Requests for Change Orders
• Statement of percentage of work completed
• Certification of coordination between all design team members • Indication of any project concerns
Monthly progress reports will be submitted monthly, or as otherwise agreed upon schedule.
NUVIS will prepare Statements of Probable Construction Costs throughout the design process to monitor the effect of the design solution on the budget. These will be updated within each phase. NUVIS will collaborate and seek approvals of each budget with the City prior to progressing the plans in order to avoid costly redesign and to avoid delaying the project.
NUVIS will ensure that the project adheres to all applicable local, County, state and federal guidelines, codes and regulations including Title 24, ADA and all other accessibility requirements. Departure and/or discrepancies between these requirements will be discussed with the City. All services will be performed in accordance with public laws, ordinances and regulations as applicable.
21
Appendix
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65 A B C D E F G H I J
Project Type Description Number Long Name City Primary Client Name Start Date Completed Date Construction Budget (*-landscape only) Environmental/Natural Resource19-036.01 City of San Fernando Upper Reservoir Replacement San Fernando John Robinson Consulting, Inc. 4/4/2019 9/12/2022 Environmental/Natural Resource21-001.01 Owens 1N Dust Control Measures lone pine Jacobs/CH2M 1/6/2021 8/15/2023 Environmental/Natural Resource22-028.01 Las Virgenes Creek Restoration Calabasas Larry Walker Associates, Inc. 1/17/2022 11/21/2023 Historical Facilities 23-051.01 Anaheim Kraemer Building Property Development Anaheim City of Anaheim 4/11/2023 5/9/2024 Municipal Facilities 17-307.01 OCSH Security Measure #017045.01 Santa Ana Lionakis 7/14/2020 10/20/2022 Municipal Facilities 19-018.01 Anaheim Resort Safety Bollards Pilot Program Anaheim Harris & Associates 1/29/2019 8/31/2022 Municipal Facilities 19-042.01 City of Montebello Cost Estimate Montebello City of Montebello 7/25/2019 8/9/2019 Municipal Facilities 19-056.01 County of Orange Social Services Agency at 2020 Walnut St. Santa Ana Santa Ana Orange County Public Works 10/8/2019 8/31/2022 Municipal Facilities 19-064.01 Mountain View Fire/Police Training Classroom Building at Fire Station No. 5 #77690 Mountain View PERKINS EASTMAN 7/11/2019 3,600,000.00 $ Municipal Facilities 20-022.01 Irvine Operations Support Facility Improvements #019212 Irvine Lionakis 5/13/2020 Municipal Facilities 21-004.01 Santa Clarita Transit Maintenance Facility Driveway Entrance Design Santa Clarita Psomas 10/5/2020 Municipal Facilities 21-005.01 Parque Dos Rios Bioswale Los Angeles Larry Walker Associates, Inc. 11/4/2020 11/28/2023 Municipal Facilities 21-009.01 Demonstration Garden Landscape Design Commerce Central Basin Municipal Water District 1/29/2021 12/31/2021 174,890.00 $ Municipal Facilities 22-003.01 La Mirada Theater Drainage and Loading Dock Improvements La Mirada Kabbara Engineering 1/14/2022 304,981.64 $ Municipal Facilities 22-007.01 DGS CCC Los Pinos Residential Center Lake Elsinore Lionakis 6/8/2022 Municipal Facilities 22-148.01 OC Juvenile Hall Criteria Docs Orange Lionakis 9/2/2022 Municipal Facilities 23-056.01 EMWD Matthews-Romoland Booster Pump Station Menifee Lee & Ro, Inc. 5/15/2023 Planning (Site/Project) 20-012.01 ActivCare Laguna Hills Plan Review Laguna Hills City of Laguna Hills 1/27/2020 2/17/2023 Planning (Site/Project) 20-025.01 City of Laguna Hills Public Storage Plan Review Laguna Hills City of Laguna Hills 11/12/2019 2/16/2023 Planning (Site/Project) 20-049.01 Eurofins Lafayette Screen Planting Lafayette TD Architects, Inc. 10/26/2020 6/19/2023 Planning (Site/Project) 20-052.01 LACPW Green Street and Alley Projects Concept Reports Larry Walker Associates, Inc. 4/21/2021 Planning (Site/Project) 21-003.01 Eagle Ridge HOA Master Plan Gilroy Eagle Ridge HOA 11/18/2020 11/28/2023 Planning (Site/Project) 21-020.01 City of Laguna Woods Shell & Carwash Project CUP 1500 Laguna Woods City of Laguna Woods 4/6/2021 11/28/2023 Planning (Site/Project) 21-024.01 Laguna Woods On Call Hourly Requests Laguna Woods City of Laguna Woods 4/16/2021 11/28/2023 Planning (Site/Project) 21-034.01 Plan Review 3 Drive-Thru Restaurants on Alicia Parkway Laguna Hills City of Laguna Hills 6/29/2021 Planning (Site/Project) 21-036.01 Fairfield, PA 6 Train Station Master PUD Permit Fairfield Ware Malcomb 12/23/2020 3/15/2022 Planning (Site/Project) 22-008.01 Lomas Laguna Parkway Plan Check Laguna Hills City of Laguna Hills 2/1/2022 5/15/2022 Planning (Site/Project) 22-056.01 Cypress Business Park Master Plan Cypress CASC Engineering and Consulting, Inc. 12/9/2022 Planning (Site/Project) 23-129.01 Laguna Hills Plan Check - La Paz Village Laguna Hills City of Laguna Hills 6/27/2023 Planning (Site/Project) 23-185.01 Laguna Hills Landscape Design Standards Update Laguna Hilsl City of Laguna Hills 9/18/2023 Planning (Site/Project) 23-241.01 Laguna Woods Village Typical Front Yards Laguna Woods Village Management Services, Inc. 1/4/2024 Planning (Site/Project) 23-255.01 Laguna Hills Plan Check Ralphs Fuel Station Laguna Hills City of Laguna Hills 12/14/2023 Planning (Site/Project) 23-256.02 Tracy Plan Check - Tracy Hills Village 14 Streetscape Tracy City of Tracy 2/15/2024 Planning (Site/Project) 23-256.03 Tracy Plan Check - Landscape Plan Check Matrix Development Tracy City of Tracy 1/5/2024 Planning (Site/Project) 23-256.04 Tracy Plan Check - Village 11 City of Tracy 2/15/2024 Planning (Site/Project) 23-256.05 Tracy Plan Check - Village 12 Tracy City of Tracy 3/20/2024 Planning (Site/Project) 23-256.06 Tracy Plan Check - Village 13 Tracy City of Tracy 3/20/2024 Planning (Site/Project) 24-008.01 Laguna Woods Village Clubhouse 6 Turf Reduction Laguna Woods Village Management Services, Inc. 2/5/2024 Planning (Site/Project) 24-008.02 Laguna Woods Village Gates Village Management Services, Inc. 3/26/2024 Public Infrastructure 18-016.02 Gaffey St. Irrigation System Design TAF48 los angeles Kennedy Jenks Consultants 8/6/2019 8/31/2022 264,000.00 $ * Public Infrastructure 19-005.01 Providence Land Swap Parking Lot - BKF Project No. 20181922-11 Los Angeles BKF Engineers 9/24/2021 1/28/2024 Public Infrastructure 19-058.01 Metro Purple Line Extension Section 3 Stations Design Build (PL3s) Los Angeles STV Incorporated 9/26/2019 9,500,000,000.00 $ Public Infrastructure 19-062.01 OCSD Seal Beach Pump Station Replacement (3-67) (Lee & Ro) Seal Beach Lee & Ro, Inc. 10/3/2019 Public Infrastructure 19-069.01 LADWP Task Order LWD-05 Turf Reduction Los Angeles CDM Smith Inc 4/11/2019 7/1/2023 Public Infrastructure 20-008.01 Pasadena Jones Reservoir Irrigation Design Pasadena Kennedy Jenks Consultants 2/12/2020 8/31/2022 Public Infrastructure 20-029.01 Santa Maria Ave Water Efficient Median Laguna Woods City of Laguna Woods 8/11/2020 8/31/2022 Public Infrastructure 20-030.01 El Toro/Moulton Median Design City of Laguna Woods 5/14/2020 6/30/2021 Public Infrastructure 20-044.01 SBCTA Metrolink ATP Phase II San Bernardino KOA Corporation 9/28/2020 8/31/2022 Public Infrastructure 20-048.01 Corona Dominguez Ranch Slope Repair Corona Hunsaker & Associates 8/4/2020 Public Infrastructure 20-053.01 USCG San Pedro Phase II San Pedro JMC2 12/10/2020 Public Infrastructure 21-033.01 Beverly Hills Cabrillo Reservoir Beverly Hills Kennedy Jenks Consultants 3/31/2021 Public Infrastructure 22-022.01 DGS Blythe Border Station Replacement Blythe Lionakis 6/8/2022 Public Infrastructure 22-023.01 DGS Needles Border Station Replacement Needles Lionakis 7/28/2022 Public Infrastructure 22-030.01 West Hollywood Design District Construction Management Services West Hollywood Berg & Associates Inc. 5/25/2022 Public Infrastructure 23-178.01 Seal Beach Pump Station Construction Management Seal Beach Lee & Ro, Inc. 2/26/2024 Public Infrastructure 24-037.01 Bluebird Storm Drain Outfall laguna beach City of Laguna Beach 2/15/2024 Recreation/Park Facilities 04-228.05 Aquarium of the Pacific Watershed Garden RENOVATION Long Beach Aquarium of the Pacific 2/25/2020 1/1/2008 Recreation/Park Facilities 10-233.12 San Fernando Bikeway Revised Concept Burbank City of Burbank 10/1/2023 Recreation/Park Facilities 14-241.05 SJC NWOS Community Park Amendment #5 San Juan CapistraSan Juan Capistrano Public Works 10/17/2019 11/20/2023 2,200,000.00 $ Recreation/Park Facilities 15-207.10 Highgate Tract 7355 Ming Avenue Linear Park and Dog Park Bakersfield Castle & Cooke 9/6/2019 2/15/2023 1,334,185.00 $ Recreation/Park Facilities 15-207.11 Highgate Tract 7354 Recreation Area Bakersfield Castle & Cooke 9/6/2019 1/31/2024 23,000,000.00 $ Recreation/Park Facilities 15-207.12 Highgate Tract 7354 Heath Avenue & Park Blvd Las Vegas Castle & Cooke 11/1/2019 1/31/2024 Recreation/Park Facilities 15-207.15 Roundabout @ Highgate Park Blvd & Rutherford Park Blvd. Bakersfield Castle & Cooke 1/19/2022 2/2/2024 Recreation/Park Facilities 18-055.01 MRCA Confluence Park @ LA River & Arroyo Seco 1 AC Los Angeles Mountains Rec & Conserv Authority 1/1/2019 7/23/2021 575,000.00 $ *
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A B C D E F G H I J
Recreation/Park Facilities 19-019.01 Mt. Woodson Community Entry Ramona Alliance Linings / Construction 3/10/2019 8/31/2022 Recreation/Park Facilities 19-022.01 Maxwell Dog Park, City of Anaheim Anaheim City of Anaheim 3/17/2019 2/15/2022 700,000.00 $ Recreation/Park Facilities 19-040.01 City of Tustin Peppertree Park tustin City of Tustin 7/12/2019 12/18/2020 1,100,000.00 $ Recreation/Park Facilities 19-045.01 El Monte Future Cypress Park and Valley View Linear Park Concept Plans El Monte City of El Monte 7/31/2019 4/30/2022 Recreation/Park Facilities 19-046.01 Menifee Lazy Creek Recreation Center (Int 9/27) Menifee IDS Group 8/5/2019 8/31/2022 Recreation/Park Facilities 19-060.01 City of El Monte Fletcher Dog Park, Contract No. 19PW10125 El Monte City of El Monte 9/24/2019 12/31/2019 Recreation/Park Facilities 19-067.01 Burke Ham Park, Lynwood Lynwood dSantana Arquitectura 10/8/2019 3/15/2023 600,000.00 $ Recreation/Park Facilities 19-072.01 Santa Clarita Central Park Santa Clarita Psomas 12/9/2019 6/5/2023 4,200,000.00 $ Recreation/Park Facilities 19-072.02 Saugus Memorial Plaza Santa Clarita Psomas 12/7/2020 4/15/2021 77,000.00 $ Recreation/Park Facilities 20-005.01 LABOE TOS 25 Stormwater Strathern Park Los Angeles CDM Smith Inc 1/13/2020 6/15/2022 19,700,000.00 $ Recreation/Park Facilities 20-005.02 LABOE TOS 25 Stormwater Fernangeles Park Los Angeles CDM Smith Inc 2/13/2020 10/12/2023 19,700,000.00 $ Recreation/Park Facilities 20-005.03 LABOE TOS 25 Stormwater D. Gonzales Park Los Angeles CDM Smith Inc 1/13/2020 10/12/2023 19,700,000.00 $ Recreation/Park Facilities 20-007.01 Aitken Park Phase 3, City of Lincoln #874-6875-17600-0461 Lincoln City of Lincoln 1/9/2020 Recreation/Park Facilities 20-016.01 Irvine Sweet Shade Neighborhood Park PO#P03403 Irvine City of Irvine 11/14/2019 600,000.00 $ Recreation/Park Facilities 20-019.01 Brookhurst Community Center #84450.00.0 Anaheim PERKINS EASTMAN 3/24/2020 7/20/2023 Recreation/Park Facilities 20-026.01 Galt Walker Park Phase 2 Galt Psomas 5/19/2020 10/21/2021 6,500,000.00 $ Recreation/Park Facilities 20-033.01 North 5th - Phase 2 & 3 Tot Lot Nevada Hand 9/23/2020 Recreation/Park Facilities 21-015.01 Corona Playgrounds (Mountain Gate, Cresta Verde, Tehachapi Park) Corona City of Corona 1/14/2021 6/30/2021 17,820.00 $ * Recreation/Park Facilities 21-030.01 Santa Ana Santiago Park Santa Ana Hunsaker & Associates 6/21/2021 150,000.00 $ * Recreation/Park Facilities 21-031.01 Aubrey Austin Park Rehabilitation Project Marina del Rey Los Angeles County 5/27/2021 Recreation/Park Facilities 21-032.01 TPL David M. Gonzales Park Project Pacoima Trust for Public Land 6/9/2021 Recreation/Park Facilities 21-037.01 Santa Clara Central Park New Entrance, Access & Parking Improvements Santa Clara City of Santa Clara 2/18/2021 1,500,000.00 $ Recreation/Park Facilities 21-041.01 Auburndale Amenities Improvements FC-2023-01 Corona City of Corona 6/11/2021 1,700,000.00 $ Recreation/Park Facilities 21-044.01 Irvine Jeffrey Open Space Trail (JOST) Extension #C20190344-13 Irvine BKF Engineers 8/6/2021 2,158,175.00 $ Recreation/Park Facilities 21-047.01 Bark Barracks Tustin Legacy Dog Parks Tustin City of Tustin 7/27/2021 9/8/2023 Recreation/Park Facilities 21-049.01 Malibu Park Sprayground Hesperia Hesperia Recreation and Park District 8/18/2021 11/28/2023 561,620.00 $ Recreation/Park Facilities 22-010.01 Corona Mountain Gate Ballfield Shade Structures Corona City of Corona 1/11/2022 Recreation/Park Facilities 22-015.01 Centennial Park Entry Study, City of Tustin Tustin City of Tustin 3/1/2022 4,300,000.00 $ Recreation/Park Facilities 22-020.01 Fairview & Border Park Playgrounds Corona City of Corona 1/31/2022 Recreation/Park Facilities 22-027.01 Laguna Beach Jahraus Park Laguna Beach City of Laguna Beach 4/18/2022 148,000.00 $ * Recreation/Park Facilities 22-037.01 Alley Grove Park Plan Check Tustin City of Tustin 7/1/2022 Recreation/Park Facilities 22-038.01 Corona Parks Shade Structures (Mountain Gate, Santana, Lincoln) Corona City of Corona 2/23/2022 Recreation/Park Facilities 22-040.01 Hermosa Beach Pickle Ball Court Improvements Hermosa Beach City of Hermosa Beach 11/2/2021 Recreation/Park Facilities 22-061.01 Heideman Elementary School Tustin City of Tustin 1/16/2024 Recreation/Park Facilities 22-131.01 City of Redondo Beach, Seaside Lagoon & Promenade PO 5952 Redondo Beach City of Redondo Beach 4/3/2023 30,000,000.00 $ Recreation/Park Facilities 22-145.01 Laguna Beach Moulton Meadows Dog Park Laguna Beach City of Laguna Beach 8/9/2023 Recreation/Park Facilities 22-178.01 Mountain Gate Park Play Area Phase II Corona City of Corona 2/6/2023 7/15/2023 Recreation/Park Facilities 22-181.01 Santa Fe Springs Aquatic Center Santa Fe Springs Harley Ellis Deveraux (HED) 11/8/2022 11,200,000.00 $ Recreation/Park Facilities 22-184.01 Griffin Park Corona City of Corona 10/19/2022 Recreation/Park Facilities 22-185.01 Victoria Park Corona City of Corona 10/18/2022 Recreation/Park Facilities 22-198.01 Irvine Synthetic Turf Project P0#4659 Irvine City of Irvine 12/21/2022 11/21/2022 Recreation/Park Facilities 23-017.01 Vernon Fruitland Park Vernon Quantum Consulting Inc. 3/8/2023 Recreation/Park Facilities 23-022.01 Fullerton Emery Park PO #C000343 Fullerton City of Fullerton 6/13/2023 Recreation/Park Facilities 23-029.01 Irvine Creekwalk C20220349-10 IBC Multi-Use Trails Irvine BKF Engineers 5/1/2023 17,300,000.00 $ Recreation/Park Facilities 23-114.01 CHLA Simms / Mann Family Foundation, Playground Renovation Los Angeles Studio Plus 6/19/2023 Recreation/Park Facilities 23-121.01 HACLA Nickerson Central Park Task Order 2023-5 Los Angeles City of Los Angeles 8/1/2023 Recreation/Park Facilities 23-160.01 HB Beach Restroom Design Project Huntington BeachTAIT & Associates 9/27/2023 Recreation/Park Facilities 23-162.01 Santa Ana Wellness Plaza 22-1358 #A-2023-089-05 (NTP 04) Santa Ana City of Santa Ana 9/11/2023 800,000.00 $ Recreation/Park Facilities 92-500.04 Lime Street Park Concept Plan Hesperia Hesperia Recreation and Park District 7/9/2019 10/6/2019 Roads/Highways/Streetscapes 10-217.07 Empire Avenue West Channel Burbank City of Burbank 1/13/2019 10/21/2021 872,000.00 $ * Roads/Highways/Streetscapes 18-008.01 Irvine Trabuco/Remington Improvements #20172125-10 Irvine BKF Engineers 1/16/2018 6/21/2022 Roads/Highways/Streetscapes 18-028.02 City of La Palma Moody Median Improvements La Luna to Malaga La Palma City of La Palma 8/21/2019 8/31/2022 1,732,000.00 $ Roads/Highways/Streetscapes 19-002.01 Compton Medians Central Avenue, Greenleaf to Northern City Limits Compton NV5 9/24/2018 11/30/2020 587,270.00 $ * Roads/Highways/Streetscapes 19-011.01 Santa Ana Bush Street Bicycle Design Serivces RFQ santa ana KOA Corporation 12/4/2018 4/30/2020 1,288,000.00 $ Roads/Highways/Streetscapes 19-061.01 Tustin Meadows Sycamore Avenue Median Renovation Tustin City of Tustin 9/23/2019 8/31/2022 Roads/Highways/Streetscapes 19-074.01 105 Freeway Caltrans Task Order City of Lynwood Lynwood dSantana Arquitectura 12/3/2019 8/31/2022 Roads/Highways/Streetscapes 20-013.01 Santa Ana Gardens Channel Bikeway Project HDR Santa Ana HDR Engineering, Inc. 12/11/2019 1/27/2021 3,000,000.00 $ Roads/Highways/Streetscapes 21-014.01 Irvine Business Center Sidewalk Repair PO#2740 Irvine Kreuzer Consulting Group 3/3/2021 11/28/2023 Roads/Highways/Streetscapes 21-040.01 Irvine Harvard Michelson Intersection Irvine BKF Engineers 7/21/2021 369,765.00 $ * Roads/Highways/Streetscapes 21-048.01 Placentia Old Town Master Plan Update Placentia City of Placentia 7/19/2021 7/31/2022 1,289,400.00 $ Roads/Highways/Streetscapes 21-063.01 W Hollywood NW Quad Streetscape, Almont Dr. West Hollywood Kabbara Engineering 3/9/2021 158,000.00 $ ^ Roads/Highways/Streetscapes 22-118.01 Panatonni Road Blvd. IRV22-0090-00 Las Vegas Ware Malcomb 6/5/2022 Roads/Highways/Streetscapes 22-213.01 Rancho Palos Verdes Western Avenue Beautification Rancho Palos VerCity of Rancho Palos Verdes 1/26/2023 12/13/2022 Roads/Highways/Streetscapes 23-031.01 Commerce Slauson Corridor Improvements Commerce KOA Corporation 3/8/2023 2,230,000.00 $ Roads/Highways/Streetscapes 23-199.01 Gilroy Ice Center Streetscape Improvements Gilroy Ruggeri-Jensen-Azar 2/26/2024
CDBG GRANT FUNDING
CONSTRUCTION COSTS:
$855,500
DATES:
2018 - 2021
CLIENT CONTACT:
Joel Belding
Deputy Director
Great Park Planning & Develop.
City of Irvine
949-724-6902
[email protected]
CA 3943 . NV 1097
03.07.24 © NUVIS
Preliminary plans, shade
modeling, and construction
documents, partially funded
by a Community Development
Block Grant, for ADA
circulation improvements
to an existing park. 2-acres
of new accessible enriched
concrete paving and resilient
surfacing, new play structures
and play elements, accessible
picnic tables, bbqs and hot
coal recptacles under shade
structures, bike racks, seating,
themed site amenities, highefficiency irrigation, new shade trees, and shrub and turf
planting.
PLAZA
NEIGHBORHOOD
PARK
City of Irvine, CA
CA 3943 . NV 1097
04.06.22 © NUVIS
Demolition plans and
construction plans for new
playground paying tribute to
Corona’s historic Grand Circle
Raceway/Grand Boulevard
with a racetrack themed
renovation to an existing park.
Amenities include playground,
restrooms, covered shelter,
basketball court, ADA
accessible pathways,
barbecue area, drinking
fountains, high-efficiency
irrigation, and low water use
planting.
As part of improvements
to three (3) City parks with
funding provided by the State
of California Department of
Parks and Recreation through
the Proposition 68 Park and
Water Bond Act of 2018 Per
Capita program.
TEHACHAPI PARK
City of Corona, CA
DATES: 2021 - 2022
CLIENT CONTACTS:
Tracy Martin
City of Corona
Public Works Department
(951) 736-2266
CA 3943 . NV 1097
04.15.22 .11.21
Preliminary plans and
construction documents for
17-acre expansion to an
existing sports park including
4 new soccer fields, gathering
plaza, rest room building,
parking lot, walkways, trails,
exercise stairs with rest
landings, shade structures,
grass berms, preservation of
existing trees, infiltration basin,
and terraced dog park with
contoured exercise steps.
CENTRAL PARK
BUILD OUT
PSOMAS for the
City of Santa Clarita, CA
DATES: 2019-2020
EST. CONSTR. COST: $4.2 M
CLIENT CONTACT:
Jeremy Johnson
PSOMAS
661-219-6000
[email protected]
Terry Brice
City of Santa Clarita, CA
661-286-4137
[email protected]
EXISTING PARK
& EXPANSION AREA
CA 3943 . NV 1097
12.15.23 © NUVIS
Design development,
alternatives, and construction
documents for 4-miles of
median landscape along
State College Boulevard as
part of an $80 million trunk
sewer replacement project.
Improvements include highefficiency subsurface drip
irrigation system, new median
trees, and low water use
shrubs. The project involves
many stakeholders including
the cities of Fullerton and
Anaheim, Caltrans, Cal State
Fullerton, US Army Corps of
Engineers, and Anaheim
Stadium.
LANDSCAPE EFFICIENCY
Weather and evapotranspiration
(ET) based irrigation controller
80% low water use plant palette
(per WUCOLS IV, UC Davis)
Bio-infiltration swale to collect
storm water and provide
groundwater recharge
Native no-mow bio-sod grass
NEWHOPE PLACENTIA
MEDIAN LANDSCAPE
Lee & Ro, Inc. for the
Orange County
Sanitation District
& the City of Anaheim, CA
Anaheim & Fullerton, CA
DATES: 2016 - 2021
EST. CONSTRUCTION COST:
$1.6 Million
CLIENT CONTACT:
Mike Atkinson
Public Works Operation Supervisor
City of Anaheim, Public Works
714-765-6976
[email protected]
DATES:
12/2019-11/2020
CLIENT CONTACT:
David Niknafs
NV5
949-585-0477
[email protected]
CA 1891 . NV 396
11.17.20 © NUVIS
Preliminary plans through
construction documents for
2.5 miles of median landscape
street improvements along
Central Avenue from
El Segundo Boulevard to
Greenleaf Boulevard with
new cobblestone paving,
new trees and shrubs,
new high-efficiency drip
irrigation, and protection of
existing palm trees.
CENTRAL AVENUE
STREET MEDIAN
REHABILITATION
NV5 Engineering for the
City of Compton, CA
PROJECT SCOPE
CA 3943 . NV 1097
12.15.23 © NUVIS
Design development,
alternatives, and construction
documents for 4-miles of
median landscape along
State College Boulevard as
part of an $80 million trunk
sewer replacement project.
Improvements include highefficiency subsurface drip
irrigation system, new median
trees, and low water use
shrubs. The project involves
many stakeholders including
the cities of Fullerton and
Anaheim, Caltrans, Cal State
Fullerton, US Army Corps of
Engineers, and Anaheim
Stadium.
LANDSCAPE EFFICIENCY
Weather and evapotranspiration
(ET) based irrigation controller
80% low water use plant palette
(per WUCOLS IV, UC Davis)
Bio-infiltration swale to collect
storm water and provide
groundwater recharge
Native no-mow bio-sod grass
NEWHOPE PLACENTIA
MEDIAN LANDSCAPE
Lee & Ro, Inc. for the
Orange County
Sanitation District
& the City of Anaheim, CA
Anaheim & Fullerton, CA
DATES: 2016 - 2021
EST. CONSTRUCTION COST:
$1.6 Million
CLIENT CONTACT:
Mike Atkinson
Public Works Operation Supervisor
City of Anaheim, Public Works
714-765-6976
[email protected]
CONFLUENCE PARK, PHASE 2
MRCA with the
City of Los Angeles, CA
Workshop facilitation, concept
design, and design development
for 1-acre renovation with
neighborhood and cyclists
collaboration for storm water
bio-filtration, shaded seating, trail
connections, freeway abutment
interface and elevated plazas.
DATES: 2018 - on-going
CONTACT: Sally Garcia, MRCA
323-221-9944
[email protected]
DEMONSTRATION GARDEN
Central Basin Municipal Water
District, Commerce, CA
Concept through construction for
a 7,000 SF native demonstration
garden, interpretive panels, bioinfiltration swales, low water use planting, protection of mature
trees, and new drip irrigation
system. Oversight & funding by
Metropolitan Water District
DATES: 2021
CONTACT: Dr. Alex Rojas, CBMWD
323-201-5548
[email protected]
REPRESENTATIVE
PROJECTS
CA 1891 . NV 396
07.28.21 © NUVIS
R105 BIOSWALE
MRCA with the
Applied Medical Resources
Rancho Santa Margarita, CA
Concept through construction, as
part of overall campus improvements, for turf removal, stormwater bio-infiltration swale, reclaimed drip irrigation and native plants.
DATES: 2012-2013
CONTACT: Zoran Falkenstein, VP
949-712.8462
[email protected]
ENTRY DEMONSTRATION
Aquarium of the Pacific
Long Beach, CA
Concept through construction for
4,600 SF of turf removal, droughttolerant planting, drip irrigation, permable paving, and interpretive
signage. Certified Wildlife Habitat
DATES: 2010-2011
CONTACT: John Rouse, AOP
562-951-1663
[email protected]
LIVERMORE COUNCIL
CHAMBERS
PERKINS EASTMAN | Dougherty
for City of Livermore, CA
Concept to construction for
2-acre public gardens, plazas,
bio-retention basin, high-efficiency
drip irrigation, and native /
adapted low water use plants.
DATES: 2016-2020
CONTACT: Kathryn Wagner
510-496-8443
[email protected] RENDERING: DOUGHERTY
REPRESENTATIVE
PROJECTS
RANCHO LOS CERRITOS
Rancho Los Cerritos Fdn.
City of Long Beach, CA
Restoration of native garden
with seasonal stream on historic
property for weekly docent-led
living history programs, walking
tours, annual events, and themed
public holiday galas.
DATES: 2012-2014
CONTACT: Alison Bruesehoff
562-206-2040
[email protected]
STORM DRAIN DAYLIGHTING
& ENHANCEMENT FEASIBILITY
CWE for The Council for
Watershed Health, Compton, CA
Turf removal for native plant
communities within new earthen
bottom daylighted creek channels
for 4 locations along Compton
Creek to create viable ecosystems.
DATES: 2008-2010
CONTACT: Vik Bapna
714.526.7500
[email protected]
HANSON PROPERTY HABITAT
RESTORATION
The Nature Conservancy
Santa Paula, CA
Entry gateways, trails, view
outlooks, movable site elements,
and interpretive features for the
restoration of 415 acre habitat site
along the Santa Clara River.
DATES: 2015- 2021
CONTACT: Laura Riege
LA/Ventura Restoration Manager
805-290-4776
[email protected]
CA 1891 . NV 396
07.28.21 © NUVIS
LANDSCAPE CONSTRUCTION PLAN
PLAN CHECKLIST
CITY OF NAME
LANDSCAPE & IRRIGATION PLAN
CHECK LIST
CONTRUCTION PLAN SUBMISSION & APPROVAL
Drawing size: 24” x 36”
Minimum scale: 1”=20’
INITIAL SUBMITTAL SUBSEQUENT SUB-1 SUBSEQUENT SUB-2
Plan Specs Soil Plan Specs Soil Plan Specs Soil
Design Services
PW Operation (NAME)
Traffic Engineering (NAME)
Urban Forest Tree (NAME)
Real Property (NAME)
Water Engineering (NAME)
Electrical Engineering (NAME)
Planning (NAME)
Plan check’s consultant (NUVIS)
Total
INITIAL SUBMITTAL Received: Returned:
PW Operation Sent: Received:
Traffic Engineering
Water Engineering
Electrical Engineering
Planning
Plan check’s consultant
SUBSEQUENT SUBMITTAL Received: Returned:
PW Operation Sent: Received:
Traffic Engineering
Water Engineering
Electrical Engineering
Planning
Plan check’s consultant
SUBSEQUENT SUBMITTAL Received: Returned:
PW Operation Sent: Received:
Traffic Engineering
Water Engineering
Electrical Engineering
Planning
Plan check’s consultant
Plan checker: Name
Agency/Company: Nuvis Landscape Architecture
Phone: 714.754.7311
E-mail:
LANDSCAPE CONSTRUCTION PLAN
PLAN CHECKLIST
1 2 3 No. Description Comments
TITLE SHEET (24” x 36”)
1 Project title description, address and date
2 Project Account number
3 Vicinity Map
3a Vicinity Map – Project location
4 Location Map
4a Plan number for reference
4b Street configuration within or adjacent to the project 4c Nearest street intersection
4d Street name
4e North arrow
4f Scale
5 Sheet Index
5a Sheet number
5b Plan number to be assigned by agency
5c Description
6 Contractor Notes
7 City of NAME Water Notes, water supply type and
identification of local retail water purveyor
8 City of NAME General Notes for Improvements
9 City of NAME General Notes for Landscaping
10 DigAlert note
11 Signature Block for approval
12a Traffic/Transportation Engineering
12b Electrical Engineering
12c Water Engineering
12d Design Services
12e City Engineer
Title Block
13 Standard City Block
14 Revisions (for changes after plan is approved)
15 Design Consultant’s certification
16 Design Consultant’s firm address & phone number
17 Plan signed & sealed by a Landscape Architect
18 City of NAME address
19 Project limits description
20 Account numbers
21 Sheet number (Sheet 1 of xx)
22 Plan number (to be assigned by the City)
LANDSCAPE CONSTRUCTION PLAN
PLAN CHECKLIST
1 2 3 No. Description Comments
PLAN SHEETS (24” x 36”)
23 North arrow
24 Scale: minimum scale is 1”=20’
25 Limits of work description (by street location)
26 Sheet number (number sheets consecutively)
27 Plan number to be assigned by the City
28 Layout of the work limits shown on each sheet
29 Existing & proposed landscape and hardscape areas
30 Street names
31 Show and label existing R/W
32 Show and label ultimate R/W
33 Show station at street intersections
34 Show street station marks
35 Show and label centerline(s) of street(s)
36 Show and label easements
37 Show and label power poles
38 Show and label street lights
39 Show and label drainage structures
40 Show and label water facilities
41 Show and label electrical facilities
42 Show Traffic signal facilities
43 Show and label gas facilities
44 Show and label communication facilities
45 Show and label walls & fences
46a Street stations
46b Utility identification (MH, Valve, …)
47a Show matchline
47b Matchline reference: show plan number
48 Show property lines of properties adjacent to R/W
49 Phasing plan Index (plan indicating the anticipated
phasing of overall project if all drawings are not going to be submitted at one time)
50 Basis of Bearing
PLANTING PLAN
51 Show abbreviations and/or symbols
52 Show botanical name
53 Show common name
54 Show tree size
55 Show shrubs layout
56 Show ground cover layout
57 Show turf layout
LANDSCAPE CONSTRUCTION PLAN
PLAN CHECKLIST
1 2 3 No. Description Comments
58 Proposed parkway trees are selected from the City’s
approved Street Tree List.
59 Container size of trees meets the minimum
requirements.
60 Proposed shrubs are selected from the approved
agency plant list.
61 Proposed ground cover species are selected from
approved agency plant list.
62 All shrubs and groundcover areas to receive 3”
mulch.
63 Tree planting location, in Right-of-Way:
64a Trees are located a minimum of 3’ from the centerline of tree to the face of curb.
(VERIFY FROM CITY STANDARDS)
65b Trees are located a minimum of 15’ from street lights. (VERIFY FROM CITY STANDARDS)
65c Trees are located a minimum of 10’ from street lights for palms.
(VERIFY FROM CITY STANDARDS)
65d Trees are located a minimum of 10’ from sewer
laterals.
(VERIFY FROM CITY STANDARDS)
65e Trees are located a minimum of 10’ from traffic signs. (VERIFY FROM CITY STANDARDS)
65f Trees are located a minimum of 10’ from BCR or ECR
of curb return of driveways.
(VERIFY FROM CITY STANDARDS)
65g Trees are located a minimum of 5’ from edge of CB
and FH.
(VERIFY FROM CITY STANDARDS)
66a Trees are located a minimum of 5’ from the centerline of the tree to the face of curb in median.
(VERIFY FROM CITY STANDARDS)
66b Trees are located a minimum of 40’ from the end of
the median.
(VERIFY FROM CITY STANDARDS)
66c Trees are located a minimum of 40’ from beginning of left turn lane in median.
(VERIFY FROM CITY STANDARDS)
66d Palm trees are located a minimum of 10’ from street lights in medians.
(VERIFY FROM CITY STANDARDS)
66e Trees are located a minimum of 5’ from water.
(VERIFY FROM CITY STANDARDS)
66f Trees are located a minimum of 5’ from SD.
(VERIFY FROM CITY STANDARDS)
66g Trees are located a minimum of 10’ from traffic signs. (VERIFY FROM CITY STANDARDS)
LANDSCAPE CONSTRUCTION PLAN
PLAN CHECKLIST
67a At signalized intersections, at approaches trees are located a minimum of 40’ from BCR,
(VERIFY FROM CITY STANDARDS)
67b At signalized intersections, at approaches trees are located a minimum of 25’ for palms.
(VERIFY FROM CITY STANDARDS)
67c At signalized intersections, at departures trees are located a minimum of 25’ from ECR.
(VERIFY FROM CITY STANDARDS)
67d At signalized intersections, at departures trees are located a minimum of 15’ for palms.
(VERIFY FROM CITY STANDARDS)
68 Tree planting location, at Stop Signs or
uncontrolled intersections
69a At the approaches trees are located a minimum of 25’ from BCR.
(VERIFY FROM CITY STANDARDS)
69b At the departures trees are located a minimum of 10’ from ECR,
(VERIFY FROM CITY STANDARDS)
70 Proposed plant heights are acceptable per guidelines 71 Shrub planting feature drifts or mass plantings of
shrubs that display flower color and/or unique foliage
color.
72 Mulch, creeping ground cover and sprawling shrubs
are used in planting schemes to cover bare soil.
73 Plan includes this note: “ALL LANDSCAPED PLANTING
AREAS (INCLUDING HYDROSEEDED OR BROADCAST
SEED AREA) SHALL BE TREATED WITH AN APPROVED
HERBICIDE APPLICATION ACCORDING TO
MANUFACTURER’S RECOMMENDATIONS TO ENSURE
A WEED FREE CONDITION PRIOR TO CITY
ACCEPTANCE OF THE WORK”.
74 Plan includes this note for timeframe: “a) SHRUBS,
GROUND COVER AND TURF: 90-CALENDAR DAY. b)
CANOPY TREES: 1 YEAR. c) PALM TREES: 2YEARS. d)
IRRIGATION SYSTEM, INCLUDING TRENCHING: 1-
CALENDAR YEAR”.
75a Seeded areas: normal maintenance and establishment
periods plus an additional 60-calendar day.
76 Parkway Slope per agency guidelines
77 Show planting details not covered by Std. Dtl.
LANDSCAPE CONSTRUCTION PLAN
PLAN CHECKLIST
1 2 3 No. Description Comments
CONSTRUCTION PLAN
77 Show existing grades, contours & spot elevations
78 Show proposed grades, contours & spot elevations
79 Show elevations of FG, TC, FL, BW, FS as necessary
80 No mounding within the ultimate R/W
81 Show drain inlets with INV elevations
82 Median cross slope for hardscape area per agency
guidelines
83 Median areas 7’ or less in width: concrete pavement
84 Median island, along back of curb: construct 18”
maintenance band
85 Show construction notes
IRRIGATION PLAN
86 Show irrigation equipment legends on each sheet
with symbols for all referenced materials used
87 Show symbols for all referenced material used
88 Sprinkler and/or rotor: show model, manufacturer,
nozzle type, body type, PSI, radius and GPM
89 Irrigation details: show all components used in design 92 Show irrigation details not covered by Std. Dtl.
93 Show sprinkler layout
92 Show rotor layout
93 Show laterals
94 Show remote control valve(s)
95 Show ball valve(s)
96 Show quick-coupler valve(s)
97 Show master valve(s)
98 Show flow sensor
99 Show back flow prevention device
100 Show automatic irrigation controller with power supply 101 Show sleeve sizing legends
102 Show sleeving notes & key
103 Show pipe sizing legends
104 Show pipe sizing notes
105 Show irrigation installation notes
106 Show irrigation systems layout notes
107 Show rain or moisture sensors
108 All irrigation piping 2 1/2”-inches in diameter and larger is PVC Class 315 with solvent weld joints (shown on a table)
109 All irrigation piping 2”-inches in diameter and
smaller is PVC Schedule 40 with solvent weld joints
(shown on a table)
110 All mainline piping and control wires under paving are to be installed in separate sleeves.
111 Mainline sleeve size is a minimum of twice (2x) the diameter of the pipe to be sleeved.
112 Control wire sleeves are of sufficient size for
required number of wires under paving.
LANDSCAPE CONSTRUCTION PLAN
PLAN CHECKLIST
1 2 3 No. Description Comments
113 Galvanized Schedule 40 sleeves are used on all main line or lateral line crossing at concrete bench or Vditches. 114 All lateral line piping that crosses beneath paved
surface is sleeved with PVC Schedule 40 pipe.
115 Isolation valves. Brass ball valves are installed in an approved locking valve box in order to isolate irrigation system for each planting pocket.
116 Quick Coupler valve shall be installed along mainline at 100 lf intervals continuously along all landscaped
117 Valve boxes. All remote control valves, quick couplers control wire and computer cable pull points are to be
118 Valve boxes shall be marked indicating controller and station numbers for control valve boxes and/or as
titles in the equipment legend with 2-inch white heat
branded letters.
127 Show water main
128 Show a description and location of the water services 129 Show the meter location of the water services
130 Show the available static water pressure
131 Show the design water pressure
132 Show the peak flow through meter in GMP
133 Show area serviced through each meter in acre-feet
Show area serviced through each meter in cubic feet
134 Show yearly water demand in acre-feet (after the
completion of the 90-calendar day min. – 180-calendar
max. maintenance/establishment period
135 Show total size in square feet
136 Show pressure calculations at each connection point. 137 Pressure calculations include worst condition
138 Pressure calculations include at the farthest irrigation head away from the POC
139 Show AB 1881, MWHELO 2015 Water Conservation
calculations (EAWU & ETWU)
140 The irrigation system is fully automatic operating
systems utilizing electrically operated controllers and valves
141 Shrub and turf areas are valve separately
142 Design maximizes water efficient and uniform
distribution
143 Controller.
143a The irrigation system utilizes a controller compatible with the Agency’s centralized system.
143b The controller assembly includes a rain shutoff device. 143c The entire assembly is protected by a vandal resistant l 144 The system is protected by an approved reduced
pressure type back flow prevention device.
LANDSCAPE CONSTRUCTION PLAN
PLAN CHECKLIST
1 2 3 No. Description Comments
145 The system is protected by a Master Control Valve
with a flow sensor installed in a locking valve box. See Std. Dtl. 526
146 All control and common wires shall be minimum 14
gauge.
147 Common wire shall be white with different color trip for each controller.
148 Control wires shall be different color for each controller when multiple controllers are utilized.
149 Irrigation heads have with minimal overspray onto
walls, streets, walks, etc…
SOILS
150 Planting soils. Soil samples have been analyzed for agricultural suitability and submitted in a soils report. 150a Testing includes presence of any residual chemicals that may be detrimental to healthy plant growth.
150b The soils report includes any recommend corrective measures for soil amendment and fertility to be
151 Imported soil to be CLASS ‘A’ top soil
LANDSCAPE CONSTRUCTION PLAN
PLAN CHECKLIST
1 2 3 No. Description Comments
Water Efficient Landscape Ordinance
1 The Landscape Plans meet the requirements set
forth in the City’s most current Water Efficient
Landscape Ordinance and shall include the following
statement along with a signature of the Landscape
Architect as required by law,
“THE DESIGN OF THIS PROJECT COMPLIES WITH
THE REQUIREMENTSOF THE CITY’S WATER
EFFICIENT LANDSCAPE ORDINANCE.”
The plans at minimum but not limited to shall also
include the following submittal requirements for
new landscape installations or landscape
rehabilitation projects
Elements of the Landscape Documentation
Package
2 Landscape Design Plan
3 Irrigation Design Plan
4 Grading Plan, if applicable
5 Water Efficient Landscape Worksheet
(Optional at Discretion of City)
6 Hydrozone information table
(Optional at Discretion of City)
7 Water Budget Calculations
(Optional at Discretion of City)
8 Project includes calculated MAWA and EAWU for
landscaped areas
Landscape Design Plan
9 Hydrozone labeled by number, letter or other method
10 Hydrozone identified as low, moderate, high or mixed water use
11 Recreational area identified
12 Edible plant areas identified
13 Irrigated with recycled water areas identified
14 Mulch type and application depth
15 Soil amendments, type and quantity
16 Type and surface area of water features
17 Hardscape areas (pervious & non-pervious)
18 Identify location and installation details of any storm water BMP’s
19 Identify rain harvesting or catchment technologies if applicable
LANDSCAPE CONSTRUCTION PLAN
PLAN CHECKLIST
1 2 3 No. Description Comments
20 The following statement is included,
“I have complied with the criteria of the Water Efficient Landscape Ordinance and applied them for the
efficient use of water in the landscape Design Plan”
And bear the signature of a California-licensed
Landscape Architect
21 Irrigation Design Plan
22 Low volume irrigation in mulched planting areas
23 Matched precipitation on Sprinkler heads and other
emission devices
24 Swing joints or other riser protection components
adjacent to high traffic areas
25 Landscaped areas narrow or irregularly shaped with
less than 8’ in length irrigated with subsurface
irrigation or low volume irrigation system
26 No overhead irrigation within 24 inches of any non
permeable surface
27 No hydrozone area sharing both high and low water
use plants
28 The following statement is included,
“I have complied with the criteria of the Water Efficient Landscape Ordinance and applied them for the
efficient use of water in the Irrigation Design plan”
And bear the signature of a California-licensed
Landscape Architect
PLAN REVIEW SUMMARY
The following is a summary of major concerns relative to this Plan submittal:
[email protected]
www.nuvis.net
Since 1971, NUVIS
has provided the full
spectrum of professional
landscape architectural
services, from creative
idea generation to
graphic conceptuals
through construction
documents and field
observation, for a
multitude of private
developers, design
professionals, and public
agencies.
planreview
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PROFESSIONAL SERVICES AGREEMENT
Richard Fisher Associates
On-Call Landscape Architecture Consulting Services
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective the 1st day of September 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 RICHARD FISHER ASSOCIATES, a California S-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 licensed landscape architecture firm to provide full-service landscape architecture consulting services to City, including but not limited to, consultation by a California registered landscape architect, capital improvement project inspection, plan check of landscape improvement concept plans, design of capital improvement projects including site planning, budgeting, and preparation of plans, specifications, and construction cost estimates, budget preparation, technical consultation, coordination with other professional services utilized by City, as well as other related landscape architecture consulting services, on an as-needed on-call basis (“Project”).
B. In response to City’s Request for Proposals (RFP), dated May 2, 2024, Consultant has submitted to City a proposal, dated June 11, 2024, to provide the City with professional landscape architecture consulting services for the Project pursuant to the terms and conditions 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 architecture 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 architecture 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
Modified Insr Wrty PSA 8082024
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landscape architecture consulting services for the Project as set forth in the Proposal/Scope of Work, dated June 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 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 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; and, (2) the Consultant’s signed, original Proposal/Scope of Work dated June 11, 2024 submitted to the City (“Consultant’s Proposal”), which shall both be referred to collectively hereinafter as the “Contract Documents.” The Consultant’s Proposal/Scope of Work is attached hereto as Exhibit “A” and is 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; and (2nd) 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.
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 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
Modified Insr Wrty PSA 8082024
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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 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 Annual 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 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.
Modified Insr Wrty PSA 8082024
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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 annual contract amount One Hundred Fifty Thousand Dollars ($150,000.00) (hereinafter referred to as the "Maximum Annual Contract Amount"). The method of compensation shall be as set forth in Exhibit “A”.
The Maximum Annual 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 Annual 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 Optional CPI Adjustment. The fees, rates, and/or unit prices set forth in Consultant's Proposal (Exhibit “A”) shall remain fixed and unchanged for the first two years of the term of this Agreement (i.e., from September 1, 2024 through August 31, 2026). Thereafter, Consultant may submit a request to adjust its fees, rates, and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein. However, approval of any request to adjust Consultant's fees, rates, and/or unit prices as set forth herein shall be made at the sole discretion of the City Manager, in writing, and is subject to the City’s approved budget.
Such fee, rate, and/or unit pricing adjustment(s), if any, shall not exceed the value of the change in the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of June of any given year. In no event shall any adjustment of any fee, rate, and/or unit pricing as authorized by this section exceed five percent (5%) per year regardless of CPI or any other cost factors.
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 product or work is required by the enactment or revision of law subsequent to the preparation of