Los Alamitos City Council
November 14, 2022

46 1367754.1

5.2.1.1 The PLI policy shall be endorsed to delete any Contractual Liability Exclusion. The PLI shall include contractual liability coverage applicable to this Agreement. The policy must “pay on behalf of” the insured, and include a provision establishing the insurer’s duty to defend the insured.

5.2.1.2 If the PLI policy is written on a “claims-made” basis, the policy shall 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 all Project Services provided hereunder (the "PLI Coverage Period"). If any PLI policy is replaced, cancelled, non-renewed, discontinued, or otherwise terminated, or if the limits of a PLI policy are reduced or the available coverage depleted below the required minimum coverage amounts for any reason during the PLI Coverage Period, Firm shall immediately obtain replacement PLI coverage meeting the requirements of this Section

5.2.1. Such replacement coverage shall satisfy all requirements herein, and shall include coverage for the prior acts or omissions of Firm during the time period during which any Project Services were performed. 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.

5.2.1.3 If the PLI policy 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 Project Services provided for in this Agreement, whichever is later. In the event of termination of the PLI policy during this period, new coverage shall immediately be obtained, and written evidence of the policy shall be immediately provided to the City, to ensure PLI coverage during the entire course of performing the Project services.

5.2.1.4 Firm shall not perform any Project Services at any time during which required types or amounts of PLI insurance are not in effect, and the City shall have no obligation to pay Firm for Project Services performed while required PLI insurance is not in effect.

5.2.2 Commercial General Liability Insurance. Firm shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000.000.00) in the general aggregate.

The policy shall not contain any 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.

5.2.3 Automobile Liability Insurance. Firm shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance.

Coverage shall be at least as broad as ISO Form CA 00 01 written on a per occurrence basis, covering Code 1 (any auto), or if the Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than One Million Dollars ($1,000,000.00) for each occurrence covering bodily injury and property damage.

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5.2.4 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 subConsultants, if any, to do likewise under their workers’ compensation insurance policies. Firm shall also 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. Notwithstanding the foregoing, Firm shall not be required to procure either Worker’s Compensation Insurance or Employer’s Liability Insurance if Firm provides written verification to the City that Firm does not have any employees.

5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed Firm 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 Project Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Firm agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Firm shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.

5.4 Specific Insurance Provisions and 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 Firm shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

5.4.1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:

5.4.1.1 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

5.4.1.1.1 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 Firm , 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.

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5.4.1.2 Primary and Non-Contributing Insurance. Each CGL and Automobile Liability Insurance policy shall be endorsed to 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.

5.4.1.3 Waiver of Subrogation. Each CGL and Automobile Liability Insurance policy shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Firm 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. Firm hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Firm hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subConsultants.

5.4.2 Notice of Cancellation. Each policy of any type shall be endorsed to provide that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) calendar days prior written notice has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Firm ’s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten (10) calendar days prior written notice. (A statement that notice will be provided "in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)
Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City's sole and absolute discretion.

5.6 Evidence of Coverage. Concurrently with the execution of the Agreement, Firm shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Firm shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City may require to verify coverage.

5.6.1 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.

5.6.2 Authorized Signatures. 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.

5.6.3 Renewal/Replacement Policies. At least fifteen (15) calendar 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, Firm shall, within ten (10) calendar 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

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reinstated or has been provided through another insurance Firm or companies meeting all requirements of this Agreement.

5.7 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 Firm may be held responsible for payments of damages to persons or property.

5.8 Enforcement of Agreement (Non-Estoppel). Firm acknowledges and agrees that actual or alleged failure on the part of the City to inform Firm of any non- compliance 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.

5.9 Insurance for Subconsultants. Consultant shall either: (1) include all subconsultants or subConsultants engaged in the performance of Project Services on behalf of Consultant as additional named insureds under the Consultant’s insurance policies; or (2) Consultant shall be responsible for causing its subconsultants or subConsultants 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. Consultant shall not allow any subconsultant or subConsultant to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subConsultant has secured all insurance required under this section.

5.10 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Consultant and its subconsultants and subConsultants, if any, pursuant to this Agreement:

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

5.10.2 All insurance coverage and limits provided by Firm 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.

5.10.3 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.

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5.10.4 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 Firm ’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

5.10.5 Firm agrees to ensure that subconsultants and subConsultants, 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. Firm agrees that upon request, all agreements with subConsultants and others engaged in the provision of Project Services will be submitted to the City for review.

5.10.6 Firm agrees to provide immediate written notice to City of any claim, demand or loss against Firm arising out of the work or Project 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, Firm shall defend (at Firm ’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its 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 Firm , its officers, directors, employees, subconsultants, subConsultants, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of 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, and only to the extent that the Project Services performed by Firm are subject to California 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 Firm .

Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Firm ’s indemnification obligation or other liability hereunder.

Notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify the City, its officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims are caused by the sole negligence or willful misconduct of that indemnified party.

7. REPORTS AND RECORDS

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7.1 Records. Firm shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Firm shall keep such books and records as shall be necessary to properly perform the Project Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Project 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. Firm shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Project Services as the Contract Officer shall require.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Firm , its employees, subconsultants, subConsultants 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. Firm may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein.

Firm shall ensure that all of its subconsultants and subConsultants shall provide for assignment to City of any documents or materials prepared by them, and in the event Firm fails to secure such assignment, Firm shall indemnify City for all damages resulting therefrom.

7.4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Firm , its employees, subconsultants, subConsultants and agents in the performance of Project Services shall not be released publicly without the prior written approval of the Contract Officer.

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 Firm covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waiver or render unnecessary City’s consent to or approval of any subsequent act of Firm . Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.3 Rights and Remedies Cumulative. Except with respect to rights and remedies

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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.

8.4 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.

8.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty (30) calendar days written notice to Firm , except that where the continuation of services would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate. Upon receipt of the notice of termination, Firm shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Firm shall be entitled to compensation for all Project Services rendered prior to receipt of the notice of termination and for any Project Services authorized by the Contract Officer thereafter.

8.6 Termination for Default of Firm .

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

8.6.2 If the Contract Officer determines that Firm is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Firm in writing of such default. If such default is capable of being cured, Firm shall have ten (10) calendar days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Firm fails to cure its default within such period of time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Firm 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 8.5.

8.6.3 If termination is due to the failure of Firm to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.6.2, take over the Project Services and prosecute the same to completion by contract or otherwise, and Firm shall be liable to the extent that the total direct and indirect costs for completion of the Project Services required hereunder exceeds the Maximum Contract Amount, and City may withhold any payments to Firm for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Firm shall not limit Firm ’s liability for completion of the Project Services as provided herein.

8.7 Attorneys’ Fees. In the event any dispute between the Parties with respect to this

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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) calendar 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. For purposes of this section, "Reasonable attorney fees" shall be calculated by multiplying the actual number of hours reasonably expended by the attorney(s) handling the dispute on behalf of the prevailing Party by the hourly rate actually paid by the prevailing Party, but in no case shall the hourly rate exceed Two Hundred and Fifty Dollars ($250.00) per hour.

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 Firm , 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 Firm or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Covenant Against Discrimination. Firm covenants that, by and for itself, its heirs, executors, assigns, subConsultants, subconsultants and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, age, national origin, or ancestry. Firm shall take affirmative action to insure that applicants and employees are treated without regard to their race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry.

10. MISCELLANEOUS PROVISIONS

10.1 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally during normal hours of operation of the Party receiving the notice, or sent by pre-paid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated on the day personally served, or two (2) business days from the date of mailing if mailed as provided in this section. Additionally, notices by email will be considered legal notice if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE – .

54 1367754.1
To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.

Los Alamitos, CA 90720
[email protected]
With copy to:

Michael S. Daudt, City Attorney
Woodruff, Spradlin & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]
To Consultant: Name of Firm
Street
City, State, Zip Code
Email

10.2 Entire Agreement; Amendments in Writing. This Agreement constitutes the entire agreement between the Parties and is intended as an integrated agreement, superseding 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.

10.3 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.

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

10.5 Third Party Beneficiary. Except as expressly provided herein, 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.

10.6 Recitals. The above-stated 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.

10.7 Prevailing Wages. Firm 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”). Firm agrees to fully comply with all

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applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the work or Project Services provided pursuant to this Agreement, Firm shall bear all risks of payment or non-payment of prevailing wages under California law, and Firm hereby agrees to 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.

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.
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56 1367754.1
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“City”
City of Los Alamitos
By:

Shelley Hasselbrink
Mayor
APPROVED AS TO FORM.

Woodruff, Spradlin & Smart, APC
By:

Michael S. Daudt
City Attorney
ATTEST:

By:

Windmera Quintanar, MMC
City Clerk
“Firm ”
Name of Firm
By:

Name
Title
Email
By:

Name
Title
Email

EXHIBIT “A”
1277023.1

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 14, 2022 ITEM NUMBER: 11H
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Approval of the Request for Proposals (RFP) 2022-03 for the Installation/Upgrade of the City’s Access Control System

SUMMARY
This item facilitates the solicitation of bids to provide services for the installation and/or upgrade of an existing access control system for specified City facilities.

RECOMMENDATION

1. Approve the Request for Proposals (RFP) 2022-03 for the installation/upgrade of the City’s Access Control System, and;

2. Authorize staff to advertise and solicit bid proposals.

BACKGROUND
Communities across the nation face an evolving and unique set of threats, hazards, and security challenges. Enhancing the City’s security is a priority with recent improvements, such as installing additional fencing around the Civic Center, installation of panic buttons, and the installation of security cameras. The next phase is the address the City’s current access control system which is outdated and provides limited security. Access control systems can minimize security risks, verify employees and limit access to Departments, confidential information and more, while maintaining public access to other areas.

The current access control system serves areas surrounding City Hall 1, City Hall 2, the Council Chamber, and the Police Department building are limited, while the Community Center, Youth Center, the Preschool building, and Public Works garage has no access system all together.

DISCUSSION
The purpose of the Request for Proposal (RFP) is to solicit and select a contractor to provide services for the installation and/or upgrade of the existing access control system for City facilities. Under the direction of the Development Services Department, the selected contractor is expected to provide services in an efficient and professional manner, and to provide labor, tools, equipment materials and supplies necessary to complete work in a manner that will meet the City’s requirements.

The services requested by way of this contract include but are not limited to:

1. Access Control System
a. Install access control on twenty-three (23) doors.

1. Provide cables to all doors.
b. Install controllers on the wall near the switches.

1. Use conduit and flex conduit to conceal the cables.
c. Replace the existing system on eighteen (18) doors.
d. Add six (6) doors installations in the Police Department.

1. Use existing cables when possible and run new cables to the six new doors. e. Provide door contacts and devised to the twenty (20) existing access control doors.

1. Run cables for the contacts and new devices.
f. Contractor is to identify issues with existing wiring and notify the City prior to replacement. g. All access control doors must have door electrification hardware prior to installation. h. New system should have its own new setup – can utilize Windows, Linux, or any other operating system.

1. System must rust on its own sepearte network (speciic to the readers and controllers)

2. Requirements
a. The preferred new solution will replace agonistic door controllers and Keri door controllers.
b. Respondents whose solutions utilize proprietary door controllers are invited to submit a proposal as long as the need for proprietary door controllers is clearly explained. c. The new solution will support Dynamic Users and Groups (users can be part of multiple groups).
d. The new solution will provide failover redundancy.
e. The new solution will connect to industry standard authentication systems for user on-boarding and off-boarding.

1. Report capability for user login/access

2. Access trends

3. Time of access, by hour, day, week

4. Customizable dashboard reporting for all entry and exit points

5. Access error information (forced entry, attempted entry, and door prop) f. The new solution will provide a web-based interface
g. Customizable role-based user and administrator rights h. Timed auto expiring access codes and fobs
i. Contractor will provide a dedicated Project Manager
j. Contractor will provide a single point of contact for all installations. Contractor will provide installation map of hardware and relationships (network topology). k. Contractor will provide full documentation and inventory of hardware models, software and firmware versions
l. Contractor will provide post-install as-built plan
m. Contractor will provide installed site code base (where applicable) n. Contractor will provide a 5-year warranty on installation and provided hardware o. Contractor will provide a 5-year maintenance/service contract with a defined SLA including response times

p. Solutions will detect force open and hold open situations. q. Contractor will provide Professional Services in order to migrate current system and processes to new solution
r. Contractor will provide Professional Services in order to train operators and administration
Term of the Agreement
Once a contractor is selected, an agreement will be established for a term that will run for one (1) year.

The following is an approximate timeline for awarding of the contract related to access control system:

TASK DATE
Request for Proposal Made Available Tuesday, November 15, 2022 Mandatory Site Visit Monday, November 28, 2022 to Thursday, December 15, 2022
Proposal Due at City Hall Monday, January 9, 2023 at 10:00 a.m.

City Review of Proposals Tuesday, January 10, 2023 to Thursday, January 19, 2023
City Council Consideration for Awarding Tuesday, February 21, 2023

FISCAL IMPACT
Funding for the specified services will be expended out of the Development Services Budget from Account No. 10-544-5260 for Fiscal Year 2022-2023.

Attachment: 1. Request for Proposal (RFP) 2022-03 Access Control

Request For Proposal 2022-03
Access Control System
City of Los Alamitos
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City of Los Alamitos
Request for Proposal (RFP) 2022-03
Access Control System
FOR
Development Services Department
Attn: Ron Noda
Development Services Director
3191 Katella Avenue
Los Alamitos, California 90720
(562) 431-3538, Extension 500
(562) 493-1255 Fax
Email: [email protected]
DATED: November 15, 2022
Deadline/Bid Opening Date:

Must be received by 10:00
a.m. Monday, January 9,
2023
RFP Available at http://www.cityoflosalamitos.org

Request For Proposal 2022-03
Access Control System
City of Los Alamitos
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TABLE OF CONTENTS

ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

NOTICE INVITING SEALED PROPOSALS A

PROPOSAL RESPONSE REQUIREMENTS B

BACKGROUND AND PROJECT EXPECTATIONS C

SCOPE OF SERVICES D

PROPOSAL SCHEDULE E

PROFESSIONAL SERVICES AGREEMENT F

Request For Proposal 2022-03
Access Control System
City of Los Alamitos
4 | P a g e

SECTION A

NOTICE INVITING SEALED BIDS

ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

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NOTICE INVITING PROPOSALS

CITY OF LOS ALAMITOS
Development Services Department
NOTICE OF REQUEST FOR PROPOSALS 2022-04
Sealed proposals will be received at the office of the City Clerk of the City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, California 90720 until 10:00 a.m. on Monday, January 9, 2023.

ACCESS CONTROL SYSTEM PROPOSAL
Proposals must be submitted on the City’s Request for Proposal Forms and submitted in sealed envelopes marked on the outside, “SEALED PROPOSAL FOR ACCESS CONTROL SYSTEM SERVICES RFP 2022-03. DO NOT OPEN WITH REGULAR MAIL.” The contract will consist of services for the installation and/or upgrade of an existing access control system for the City facilities. Services are to include the installation of additional controlled access points, the replacement of existing controlled access points, maintenance and administration of upgrades.

City of Los Alamitos
Ron Noda
Development Services Director
3191 Katella Avenue
Los Alamitos, CA 90720

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SECTION B

PROPOSAL RESPONSE REQUIREMENTS

ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

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ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
SECTION I – PROPOSAL REQUIREMENTS
Proposal Response Requirements
The purpose of this Request for Proposal (RFP) is to solicit and select Contractor(s) to provide services for the installation and/or upgrade of an existing access control system for the City facilities. Services are to include the installation of additional controlled access points, the replacement of existing controlled access points, maintenance, and administration of upgrades.

Responses must conform with the requirements of this RFP. All services provided by the Contractor shall be performed by individuals, who meet the qualification, standards, and requirements for the position. The successful Contractor(s) shall also have the resources to provide effective and timely services including providing customer service to the City of Los Alamitos.

Proposers shall submit Proposal on or before the Submittal Deadline. If discrepancies are found between the copies, or between the original and copy or copies, the “ORIGINAL” will provide the basis for resolving such discrepancies. If no document can be identified as original bearing original signatures, Proposer's Proposal may be rejected at the discretion of the City.

Please submit six (6) color copies of the proposal, and in addition to the hard copies, an electronic copy on a flash drive shall be included with the proposal submittal. Proposal rate structure shall be submitted and clearly marked.

Proposals sent by telephone, e-mail, or facsimile, will not be accepted. It is the sole responsibility of each proposer to ensure that its proposal reaches the City by the time and date specified. Once opened, all responses become public record and will be available to the public for review. Cost incurred by the Proposer in the preparation of the response to this RFP, is the sole responsibility of the respondent, and will not be reimbursed by the City.

It is imperative that all Contractor(s) responding to the RFP comply exactly and completely with the instructions set forth herein. Proposals must be concise but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the proposal. Proposal should be concise and be able to properly convey all information.

During the evaluation process, the City reserves the right, where it may serve the City’s best

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interest, to request additional information or clarification from the proposers. The City reserves the right to waive any irregularity, informality, or error in any proposal or in the RFP process, or to reject any proposal, which does not comply with this RFP. At the discretion of the City, Contractors submitting proposals may be requested to make oral presentations as part of the evaluation process.

All requests for information (RFI’s) shall be submitted to the City no later than Monday, December 12, 2022 at 10:00 a.m.

Withdrawal of proposals shall not be permitted for a period of sixty (60) days after the date set for the opening thereof. The City reserves the right to reject any and all proposals.

Section II – Additional Proposal Response Requirements
A: Letter of Transmittal
Please include a brief introduction and history of your Contractor. Be sure to state why you believe that your Contractor is the best qualified to provide such services to the City of Los Alamitos.

B: Contractor Data
Please submit the following information:

1. Official Contractor name and address.

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

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

4. Federal Employer I.D. Number.

5. The address, telephone numbers, and fax numbers of each of your Contractor’s locations.

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

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

8. All comparable contracts currently in effect.

9. Please describe areas of specialization provided by the Proposer.

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

11. Financial interests in other lines of business.

12. Known conflicts of interest.

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C: Proposal
The proposal shall clearly address all of the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, it is required for the proposal to be organized, and contain all information as specified below:

1. Letter of Introduction, to include an understanding of the scope of services.

2. The Contractor’s approach to delivering the scope of services.

3. Brief Contractor profile and number of years the Contractor has been in business.

4. Location of principal office that will be responsible for the implementation of any contracts.

5. Description of the professional qualifications of the personnel who will be assigned to work in the City of Los Alamitos. While the Contractor(s) may propose any staffing scenario to effectively perform the services, the proposal shall identify the key personnel who will be assigned to perform the services and how, where, and when those services will be provided.

6. Provide the name, title, experience, qualifications, discipline and resume of the personnel who will be assigned to the City, including any sub-Contractors.

Indicate the number of persons for each position, including their availability and time commitment and other resources proposed to provide services to the City of Los Alamitos, to fulfill the desired level of services reflected in the Scope of Services.

7. Provide examples of services or projects that the Contractor/company and Staffing Team Members are successfully working on or have completed, with preference to those assignments that have been completed within the past 5 years.

8. Cost Proposal (including hourly rate) for Services. The method of payment upon negotiation of an agreement shall be monthly payments based upon satisfactory progress and the submission of requests for payments. This should include hourly billable costs of each team member; project manager, associate and various titles.

If fixed fee for compensation, payment subject to accepted percentage completion.

9. Accurate list of all personnel who have any relationship to work performed within the scope of this Agreement. List data shall indicate personnel by building(s) in which they are assigned to work, and must include full names.

10. Any other information, which should be considered, such as any special services or construction management philosophy, which define your Contractor’s practices.

11. If contracted in the future, the Contractor will be required to have professional liability insurance including liability at a minimum of one million per occurrence, worker’s compensation. The proposal shall state whether the Contractor could provide such insurance proof of coverage at time of any contract execution.

12. The Contractor will be required to have and provide proof of insurance and indemnify the City in accordance with the City’s insurance requirements. The

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proposal shall state that such insurances will be in force at time of contract execution.

13. Provide a list of five (5) reference who may be contacted to discuss their experience working with the Contractor/company on similar services. Please provide contact information including Organization, Name, Title, Address, Phone Number, E-mail, Description of Services Provided and Date of Completion.

14. Proposer shall describe the steps to be taken during the transition period from the existing provider prior to the start of the contract period. The Proposer should provide examples where the Contractor has made a similar transition from another contract provider and the methods that the Contractor utilized in achieving this transition.

The City of Los Alamitos reserves the right to accept or reject any and all proposals, or any portion of any proposal, or to waive any irregularities or informalities in the proposal or in the proposal process, or to make the award on the basis of that item or combination or items which, in its opinion, serves the best interest of the City. Services shall not commence until the Professional Services Agreement is executed by the City. Responses to this Request for Proposal become the property of the City.

Section III - General Conditions

3.1 Authorized Signatures
Every Proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work. Upon request of the City, any agent submitting a Proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual makes the Proposal, his or her name, signature, and post office address must be shown. If a Contractor or partnership makes the Proposal, the name and post office address of the Contractor or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the Proposal, the Proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation.

3.2 Award of Proposal
Award will be made to the Proposers offering the most advantageous Proposal after consideration of all criteria set forth in this RFP. The criteria are not listed in any order of preferences. An Evaluation Committee will be established by the City. The Committee will evaluate all Proposals received in accordance with the Evaluation Criteria. The City reserves the right to establish weight factors that will be applied to the criteria depending upon order of importance. Weight factors and evaluation scores will not be released until after award of Request for Proposal. The City shall not be obligated to accept the lowest

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priced Proposal but will make an award in the best interests of the City after all factors have been evaluated.

Discussions may, at the City's option, be conducted with responsible Proposers who submit Proposals determined to be potentially selected for an award. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of Proposals. In conducting discussions, the City will not disclose information derived from Proposals submitted by competing Proposers.

3.3 Cancellation of Solicitation
The City may cancel this solicitation at any time.

3.4 City of Los Alamitos Business License
Contractor and its Sub-Contractors are required to maintain an active City business license for the duration of this Agreement.

3.5 Compliance with Laws
All Proposals shall comply with current federal, state, and other laws relative thereto.

3.6 Contract Documents, Examination Of
It is the responsibility of the Proposer to thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, and addenda (if any), referred to as Contract Documents. Proposer shall be satisfied as to the character, quantity, and quality of work to be performed and materials, labor, supervision, necessary to perform the work as specified by the Contract Documents. The failure or neglect of the Proposer to examine the Contract Documents shall in no way relieve them from any obligations with respect to the solicitation or contract. The submission of a Proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the Contract Documents. The failure or neglect of a Proposer to receive or examine any of the Contract Documents shall in no way relieve them from any obligations with respect to the Proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.

3.7 Costs
The City is not liable for any costs incurred by Proposers before entering into a formal contract. Costs of developing the Proposal or any other such expenses incurred by the Proposer in responding to the RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. No reimbursable cost may be incurred in anticipation of award.

3.8 Disqualification of Proposer
If there is reason to believe that collusion exists among the Proposers, the City may refuse

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to consider Proposals from participants in such collusion. No person, Contractor, or corporation under the same or different name, shall make, file, or be interested in more than one Proposal for the same work unless alternate Proposals are called for. Reasonable grounds for believing that any Proposer is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider Proposals from participants in such collusion.

3.9 Interpretation of Request for Proposals
City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of the specifications or any Contract Documents, or finds discrepancies or omissions in the specifications, he or she may submit to the City a written request for an interpretation or correction. The written request for clarifications shall be submitted no later than Monday, January 9, 2023, 2023 at 10 a.m. Oral statement(s) interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid.

Requests for Interpretations (RFI’s) shall be made in writing and delivered to Development Services Director, City of Los Alamitos, 3191 Katella Avenue, Los Alamitos CA 90720.

The requesting party is responsible for prompt delivery of any requests.

When the City considers interpretations necessary, interpretations will be in the form of an addendum to the Contract Documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received Contract Documents. All such addenda shall become a part of the contract. It is the responsibility of each Proposer to ensure the City has their correct business name and address on file. Any prospective Proposer who obtained a set of Contract Documents is responsible for advising the City that they have a set of Contract Documents and wish to receive subsequent addenda.

3.10 Irregularities
City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Council.

3.11 Non-Exclusive Contract
The successful Proposer will enter into a non-exclusive contract and the City reserves the right to enter into agreements with other Contractors for services.

3.12 No Obligation
The release of this RFP does not obligate nor compel the City to enter into a contract or agreement.

3.13 Offers of More Than One Price
Proposers are NOT allowed to submit more than one Proposal.

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3.14 Proposal, Rejection Of
The City reserves the right to reject any or all Proposals or any part of a Proposal. The City reserves the right to reject the Proposal of any Proposer who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the Proposal of any Proposer who is in default on the payment of taxes, licenses or other monies due the City.

3.15 Proprietary Information
Proposal must NOT be marked as confidential or proprietary. City may refuse to consider a Proposal so marked. Information in Proposals shall become public information and is subject to disclosure laws.

3.16 Public Opening
There will be a public opening of Proposals. Prices and other Proposal information shall not be made public until the Proposal is awarded. At that time the submitted Proposal information and executed contract will become public information.

3.17 Severability
If any provisions or portion of any provision, of a contract are held invalid, illegal or unenforceable, they shall be severed from the contract and the remaining provisions shall be valid and enforceable.

3.18 Sub-Contractor Information
If the Proposal includes the use of Sub-Contractors, Proposer must identify SubContractors and the specific requirements of this RFP for which each proposed SubContractors would perform services.

3.19 Sub-Contractor References
For all Sub-Contractors that will be used on this project, Proposers must provide a minimum of three references from similar projects performed for any local government clients within the last three years. Information provided shall include:

A. Client name

1. Project description

2. Dates (starting and ending)

3. Technical environment

4. Staff assigned to reference engagement that will be designated for work per this RFP

5. Client project manager's name and telephone number.

3.20 Terms of An Offer
The City reserves the right to negotiate final contract terms with any selected Proposer.

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The City's standard form Professional Services Agreement (PSA) shall be used, and includes other provisions not described here. A standard Professional Services Agreement is attached for reference. Please review this very carefully and note in the body of your response any exceptions or alterations to the agreement. Alterations or changes to the agreement which were not in the Contractor’s proposal will not be made after the selection of the Contractors. This includes alterations, exceptions, or changes to the insurance and indemnity provisions. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: any executed contract, the RFP, any modifications and clarifications to the awarded Proposer’s Proposal, and the awarded Proposer’s Proposal. Specific exceptions to this general rule may be noted in an executed contract. Proposer understands and acknowledges that the representations above are material and important and will be relied on by the City in evaluation of the Proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the Proposal.

3.21 Withdrawal of Proposal
Proposers’ authorized representative may withdraw Proposals only by written request received by the City Manager before the Proposal Submittal Deadline.

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SECTION C

BACKGROUND AND PROJECT EXPECTATIONS

ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

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ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

4.0 BACKGROUND AND PROJECT EXPECTATIONS
The purpose of this Request for Proposal (RFP) is to solicit and select Contractor(s) to provide services for the installation and/or upgrade of an existing access control system for the City facilities. Services are to include the installation of additional controlled access points, the replacement of existing controlled access points, maintenance, and administration of upgrades.

This project will include but is not limited to the installation of door controllers, numeric keypads, fob access pads, and the design and installation of a software control system that administers the fobs, fob sensors, door controllers, and access codes used by City staff.

The City of Los Alamitos currently employs a “Keri Doors 32” access control system, used for managing and monitoring access to buildings, offices, and secure areas.

The facility locations include:
- City Hall 1
- City Hall 2
- Community Center
- Council Chamber
- Police Department
- Limited paths of travel within these vicinities

Current State:
- The access control system is located in the server room - 19 doors currently set up with readers
- System uses Windows Server

4.1 USE OF SUB-CONTRACTORS
The City is committed to selecting an excellent team that will produce a high quality work product, and deliver a high level of customer service. Should the use of sub-Contractors be proposed by the proposing Contractor, they shall be clearly identified and included as part of the proposal in response to this RFP.

4.2 PROPOSAL REVIEW PROCESS & SCHEDULE
The City of Los Alamitos will review all proposals received by the submittal deadline indicated in this RFP. Proposals that do not meet the minimum requirements of this RFP will be rejected. The City reserves the right to select the Contractor that best meets the overall needs and offers the best overall value to the City based on a variety of criteria, including but not limited to, experience of the team, quality of work product, customer

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service delivery, and not solely on the lowest cost of services. It is anticipated that following interviews, the City will identify a preferred Contractor to enter contract negotiations. Upon successful negotiations with the preferred Contractor, an Agreement will be presented to the City Council for consideration.

The following is the anticipated scheduled for the awarding of this RFP:

TASK DATE
Request for Proposal Made Available Tuesday, November 15, 2022 Mandatory Site Visit Monday, November 28, 2022 to
Thursday, December 15, 2022
Proposal Due at City Hall Monday, January 9, 2023 at 10:00 a.m.

City Review of Proposals Tuesday, January 10, 2023 to
Thursday, January 19, 2023
City Council Consideration for Awarding Tuesday, February 21, 2023 *Dates subject to change at the sole discretion of the City.

MANDATORY SITE VISIT
Proposers are required to complete a site visit with City staff prior to the submittal deadline (appointment required). Job walks can be scheduled to take place between Monday, November 28, 2022 through Thursday, December 15, 2022. To schedule a time and date, please contact Michelle Müller at (562) 357-4514 or via email at [email protected].

RFP INQUIRIES
All inquiries, questions, and requests for information related to this RFP should be directed to Ron Noda, Development Services Director, via email at [email protected] and will only be accepted until Monday, December 12, 2022 at 10:00 a.m.

Changes in the contract and corresponding changes in compensation may be implemented upon mutual written agreement of the City and the Contractor. The City reserves the right to add or delete services at any time with 30 days written notice to Contractor. If additional services are requested, the Contractor is required to provide a cost estimate detailing them as an attachment to the proposal along with prices, where applicable, which may be offered as an addendum for the term of this contract agreement.

All work determined by the City to be defective or deficient in any of the requirements shall be remedied by the Contractor at the Contractor’s expense and in a manner acceptable to the City.

City reserves the right to deduct from the payments due or to become due to the Contractor for deficient performance. The amount of such deductions will be based on the value and extent of the unsatisfactory work. A copy of the City inspection record for the project, with associated

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deduction calculation will be furnished to the Contractor prior to a deduction being made.

The Contractor shall adhere to all currently applicable federal, state, and local laws, codes and ordinances, including, but not limited to, those promulgated by CAL-OSHA, California Department of Industrial Relations, the California State Department of Health Services, FEDOSHA, EPA and the Material safety Data Sheets (MSDS) standards.

It is the intent of the City to award a contract for provide building and safety services, including Building Division administration, permit issuance, plan check, inspection, enforcement of building codes, and public counter services, in form approved by the City Attorney. The City reserves the right to further negotiate the terms and conditions of the Agreement. The City shall preserve the right to reject any proposal for noncompliance with Agreement requirements and provisions, or to not award an agreement because of unforeseen circumstances or if it is determined to be in the best interest of the City. This project will be awarded based on demonstrated ability and performance providing similar services at a fair and reasonable cost.

This Agreement may not be awarded to the lowest respondent. The City Council will approve, as part of the annual City budget, with a specified project budget.

A. Definitions
Where “as directed”, “as required”, “as permitted”, “approve”, “acceptance”, or words of similar import are used, it shall be understood that the direction, requirement, permission, approval or acceptance by the City of Los Alamitos is intended unless otherwise stated. As used herein, “provide” shall be understood to mean “provide complete”, in total. The word “facility” as used hereinafter shall be understood to mean the location receiving the service. The use of the words “Contractor” shall be held to mean the Contractor and/or any person employed by them and working under the agreement to the awarded Contractor.

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SECTION D

SCOPE OF SERVICES

ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

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5.0 SCOPE OF SERVICES
The purpose of this Request for Proposal (RFP) is to solicit and select Contractor(s) to provide services for the installation and/or upgrade of an existing access control system for City facilities.

Services are to include the installation of additional controlled access points, the replacement of existing controlled access points, maintenance and administration of upgrades.

The following Scope of Services represents the services and responsibilities the successful proposer will be expected to provide and perform. Please indicate the skills, ability, and or/services which distinguish the Contractor to make it the best choice for the City. Additional services or tasks which, in your opinion, should be included must be clearly identified.

Conversely, requested services or tasks which, in your opinion, should not be included, or are specifically excluded from the proposal, must also be clearly identified.

The final Scope of Services, as may be modified through negotiations and/or by written addendum issued by the City, will be made part of the Agreement with the successful proposer.

1. Access Control System
a. Install access control on twenty-three (23) doors.
i. Provide cables to all doors.
b. Install controllers on the wall near the switches.
i. Use conduit and flex conduit to conceal the cables.
c. Replace the existing system on eighteen (18) doors.
d. Add six (6) doors installations in the Police Department. i. Use existing cables when possible and run new cables to the six new doors.
e. Provide door contacts and devised to the twenty (20) existing access control doors.
i. Run cables for the contacts and new devices.
f. Contractor is to identify issues with existing wiring and notify the City prior to replacement.
g. All access control doors must have door electrification hardware prior to installation.
h. New system should have its own new setup – can utilize Windows, Linux, or any other operating system.
i. System must run on its own separate network (specific to the readers and controllers).

2. Requirements
a. The preferred new solution will replace agonistic door controllers and Keri door controllers.
b. Respondents whose solutions utilize proprietary door controllers are invited to submit a proposal as long as the need for proprietary door controllers is clearly explained.
c. The new solution will support Dynamic Users and Groups (users can be part of multiple groups).

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d. The new solution will provide failover redundancy.
e. The new solution will connect to industry standard authentication systems for user on-boarding and off-boarding.
i. Report capability for user login/access
ii. Access trends
iii. Time of access, by hour, day, week
iv. Customizable dashboard reporting for all entry and exit points v. Access error information (forced entry, attempted entry, and door prop) f. The new solution will provide a web-based interface
g. Customizable role-based user and administrator rights h. Timed auto expiring access codes and fobs
i. Contractor will provide a dedicated Project Manager
j. Contractor will provide a single point of contact for all installations. Contractor will provide installation map of hardware and relationships (network topology). k. Contractor will provide full documentation and inventory of hardware models, software and Contractor ware versions
l. Contractor will provide post-install as-built plan
m. Contractor will provide installed site code base (where applicable) n. Contractor will provide a 5-year warranty on installation and provided hardware o. Contractor will provide a 5-year maintenance/service contract with a defined SLA including response times
p. Solutions will detect force open and hold open situations. q. Contractor will provide Professional Services in order to migrate current system and processes to new solution
r. Contractor will provide Professional Services in order to train operators and administration

5.1 Contractor Staff
It is essential that the Contractor provide adequate experienced and certified personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Contractor must agree to assign specific individuals to the key positions.

A. The Contractor agrees that once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City.

B. If key personnel are not available for work under this contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications.

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C. The Contractor shall provide qualified English-speaking supervision in all areas of operations. The Supervisor shall be accessible to City staff via email, phone or in-person as necessary. The Contractor shall furnish only employees who are authorized, competent and skilled for work under this contract. Should it be determined by the City that the quality of work provided is substandard, at its discretion; the City may request the presence of a Supervisor during business hours.

D. The Contractor(s) shall provide sufficient staffing to perform all work in accordance with the specifications set forth herein.

E. The City may, at any time, give the Contractor(s) notice to the effect that the conduct or action of a designated employee of the Contractor(s). The Contractor shall meet with representatives of the City to consider the appropriate course of action with respect to such matter and the Contractor(s) shall take reasonable measures under the circumstancesto remedy and improve the situation presented.

F. Assure the City that the conduct and activities of the Contractor's employee(s) will not be detrimental to the interest of the City or public.

G. The Contractor shall establish an identification system for personnel assigned to the facilities, which clearly indicates to City employees and to the public, the name of the Contractor. The identification system shall be furnished at the Contractor's expense and may include appropriate attire and name badges as specified by the City.

H. The Contractor shall direct their employees against the unauthorized reading and disclosing of materials and documents available in the facilities of the City and against unauthorized use of City and personal property,such as: telephones, radios, copy machines, computers, fax machines, etc.

5.1 Dress Code and Appearance
The Contractor(s) shall require each of its employees to adhere to industry standards of work ethics and attire. Shirts shall be worn at all times, and shall be buttoned and tuckedin. No caps with insignias or designs other than the Contractor's logo may be worn, and no caps shall be worn backwards.

5.2 Contract Enforcement
The Contractor(s) or its authorized representative shall meet with the Development Services Director quarterly, or more, at the discretion and convenience of the City.

The City reserves the right to perform audits at any time for the purpose of monitoring performance. The Contractor shall cooperate with City, representative(s) in the review and monitoring of Contractor's performance, and procedures.

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In the event the City commences legal proceedings for the enforcement of the Contract, and is the prevailing party, the City shall be entitled to an award of attorney's fees and costs incurred in the action.

5.3 Term of Agreement
The term of the Agreement is expected to commence on February 21, 2023 for a one (1) year term.

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SECTION E

PROPOSAL SCHEDULE

ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

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SECTION E PROPOSAL

SCHEDULE

ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Proposal A – Rate and Services Structure

1. For an actual service compensation system, a copy of the Contractor’s current rate schedule as relevant to the fee proposal.
• Provide the following information as relevant to the fee proposal:

Job Description
Estimated total hours
Estimated out-of-pocket expenses
The hourly rate by staff classification
The all-inclusive maximum fee and
out-of-pocket expenses, which will
not be exceeded The frequency and timing of the
Contractor’s billing process Cost of additional related services (if applicable)

Proposal A Schedule Total: $
The Contractor shall be responsible for calculating and providing unit prices for the schedule.

The Proposal Schedule shall include all costs for services, labor, materials, equipment, and installation associated with completing the work in place per the plans, specifications and details.

Proposal Schedule Total (in word):

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SECTION F

ACCESS CONTROL SYSTEM
REQUEST FOR PROPOSAL (RFP) 2022-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

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PROFESSIONAL SERVICES AGREEMENT
Access Control System (RFP) 2022-03
[Enter name of Contractor]
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into, to be effective this day of 2023 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and ________________, (“Contractor”) a, ______________. City and Contractor are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has determined that it requires the services of a qualified Contractor installation and/or upgrade of an existing access control system for the City facilities. It is preferred that the Contractor provide the City an opportunity to review contract documents and RFP’s in advance of the agenda report deadlines.

B. In response to City’s formal Request for Proposals No. (RFP), dated , 2022, Contractor has submitted to City a written proposal, dated , 2023, to provide the desired services.

C. City desires to engage Contractor to provide such services subject to the terms and conditions set forth in this Agreement.

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 CONTRACTOR

1.1 Scope of Services and Standard of Performance. Contractor shall provide those services set forth in the Proposal, dated , 2023, attached hereto as Exhibit “A” (“Scope of Services” and/or “Project Services”). Contractor shall provide the Project Services in compliance with all terms and conditions of this Agreement. Contractor warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California.

Contractor represents and warrants that it and all employees, subcontractors and subconsultants providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.

1.1.1 Contract Documents. This Agreement shall consist of the following: (1)

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the main body of this Agreement; (2) RPF No. , dated ; and (3) Contractor’s Proposal,Exhibit “A”. 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 main body of this Agreement; (2rd) the RFP, and (3rd) Contractor’s Proposal.

1.2 Compliance with Law. All Project Services shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state or local governmental agency of competent jurisdiction. Contractor shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Project Services. If Contractor performs any Project Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor shall defend, indemnify, and hold City, its 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 comply with such laws, ordinances, resolutions, statutes, rules or regulations.

1.3 Licenses and Permits. Prior to performing any Project Services, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Contractor represents and warrants to City that Contractor 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 Contractor to perform the Project Services. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Project Services, and shall defend, indemnify, and hold the City, its 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, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services.

1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Project Services to be performed, (b) has carefully considered how the Project Services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the Project Services under this Agreement.

1.5 Care in Performance of Project Services. Contractor shall adopt reasonable methods during the term of the Agreement to prevent losses or damage to materials, papers or other components of the Project Services, and shall be responsible for all such damages, to persons or property, until acceptance of the Project Services by the City, except such losses or damages as may be caused by City's own negligence.

1.6 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors, Contractors, individuals, or Contractors for services similar to the services that are the subject of this Agreement. Contractor 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. Contractor shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed Dollars ($ ). The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.

2.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall no later than first working day of such month, submit to the City, in a form approved by the City Manager or his designee, 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 Contractor 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. Within thirty (30) calendar days of receipt of invoice, City shall pay all undisputed amounts included on the invoice.

2.3 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, signed by an individual authorized to formally bind the Party for which he/she is signing, 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 when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or, (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Los Alamitos 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 Project Services to be performed by Contractor is an essential condition of this Agreement.

3.2 Schedule of Performance. Contractor shall prosecute regularly and diligently the Project Services according to the periods specified in the Scope of Services. When requested by Contractor, extensions of the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant any such extension.

3.3 Force Majeure. The time for performance of the Project Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted), including, but not limited to, acts of

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God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor, within ten (10) calendar 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 Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor'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 and shall continue in full force and effect for an initial period of three (3) years, ending on , unless extended at the sole election of City for an additional period of two (2) years, ending on _______..

4. COORDINATION OF PROJECT SERVICES

4.1 Contractor’s Representative. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith:
. 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 Contractor and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

4.2 City’s Contract Officer. The City’s Contract Officer shall be such person as may be designated by the City Manager, and is subject to change by the City Manager. It shall be the Contractor's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Project Services, and the Contractor 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 Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor 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. Contractor shall not contract with any other entity to perform the Project Services without prior written consent of City.

If Contractor is permitted by City to subcontract any part of this Agreement, Contractor 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 performance of Project Services will be considered

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employees of Contractor. City will deal directly with and will make all payments to Contractor. 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 Contractor, 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 Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

4.4.1 The legal relationship between the Parties is that of an independent contractor; nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Project Services subject to the requirements of this Agreement. The personnel performing the Project Services on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, 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 Contractor’s officers, employees, or agents or in fixing their number, compensation, or hours of service.

Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Project Services 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 Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

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

4.4.3 No City benefits shall be available to Contractor, its officers, employees, representatives, agents, subcontractors or subcontractors in connection with the performance of any Project Services. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Project Services. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, representatives, agents, subcontractors or subcontractors, for injury or sickness arising out of the performance of any Project Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, representatives, agents, or subcontractors or subcontractors, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

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4.5.1 In the event that Contractor or any officer, employee, representative, agent, subcontractor or subcontractor of Contractor providing any Project Services 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, Contractor shall indemnify, defend, and hold harmless City against (1) all such claims and determinations, (2) for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its officers, employees, representatives, agents, subcontractors or subcontractors, and (3) the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its officers, employees, representatives, agents, subcontractors or subcontractors providing any Project Services 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. Contractor 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. Contractor shall not commence any Project Services unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor 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, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

5.2.1 Professional Liability/Errors and Omissions Insurance ("PLI").

Contractor shall obtain and maintain a policy of Professional Liability or Errors and Omissions Insurance appropriate to Contractor’s profession with per-claim and aggregate limits of no less than Two Million Dollars ($2,000,000.00). Covered professional services shall specifically include all Project Services to be performed under the Agreement and the policy shall be endorsed to delete any exclusions that may exclude coverage for claims within the minimum PLI limits set forth herein for the Project Services to be performed under this Agreement.

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5.2.1.1 The PLI policy shall be endorsed to delete any Contractual Liability Exclusion. The PLI shall include contractual liability coverage applicable to this Agreement. The policy must “pay on behalf of” the insured, and include a provision establishing the insurer’s duty to defend the insured.

5.2.1.2 If the PLI policy is written on a “claims-made” basis, the policy shall 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 all Project Services provided hereunder (the "PLI Coverage Period"). If any PLI policy is replaced, cancelled, non-renewed, discontinued, or otherwise terminated, or if the limits of a PLI policy are reduced or the available coverage depleted below the required minimum coverage amounts for any reason during the PLI Coverage Period, Contractor shall immediately obtain replacement PLI coverage meeting the requirements of this Section 5.2.1. Such replacement coverage shall satisfy all requirements herein, and shall include coverage for the prior acts or omissions of Contractor during the time period during which any Project Services were performed. 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 City.

5.2.1.3 If the PLI policy 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 Project Services provided for in this Agreement, whichever is later. In the event of termination of the PLI policy during this period, new coverage shall immediately be obtained, and written evidence of the policy shall be immediately provided to City, to ensure PLI coverage during the entire course of performing the Project services.

5.2.1.4 Contractor shall not perform any Project Services at any time during which required types or amounts of PLI insurance are not in effect, and City shall have no obligation to pay Contractor for Project Services performed while required PLI insurance is not in effect.

5.2.2 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000.000.00) in the general aggregate.

The policy shall not contain any 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.

5.2.3 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance. Coverage shall be at least as broad as ISO Form CA 00 01 written on a per occurrence basis, covering Code 1 (any auto), or if the Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than One Million Dollars ($1,000,000.00) for each occurrence covering bodily injury and property damage.

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5.2.4 Workers’ Compensation Insurance. Contractor 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. Contractor 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. Contractor shall also 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. Notwithstanding the foregoing, Contractor shall not be required to procure either Worker’s Compensation Insurance or Employer’s Liability Insurance if Contractor provides written verification to the City that Contractor does not have any employees.

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 Project Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.

5.4 Specific Insurance Provisions and 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 Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

5.4.1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:

5.4.1.1 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

5.4.1.1.1 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 Contractor, 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.

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5.4.1.2 Primary and Non-Contributing Insurance. Each CGL and Automobile Liability Insurance policy shall be endorsed to 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.

5.4.1.3 Waiver of Subrogation. Each CGL and Automobile Liability Insurance policy shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor 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. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

5.4.2 Notice of Cancellation. Each policy of any type shall be endorsed to provide that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) calendar days prior written notice has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor’s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten (10) calendar days prior written notice. (A statement that notice will be provided "in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)
Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City's sole and absolute discretion.

5.6 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City may require to verify coverage.

5.6.1 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.

5.6.2 Authorized Signatures. 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.

5.6.3 Renewal/Replacement Policies. At least fifteen (15) calendar 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, Contractor shall, within ten (10) calendar 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

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reinstated or has been provided through another insurance company or companies meeting all requirements of this Agreement.

5.7 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 Contractor may be held responsible for payments of damages to persons or property.

5.8 Enforcement of Agreement (Non-Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor 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.

5.9 Insurance for Subcontractors. Contractor shall either: (1) include all subcontractors or subconsultants engaged in the performance of Project Services on behalf of Contractor as additional named insureds under the Contractor’s insurance policies; or (2) Contractor shall be responsible for causing its subcontractors or subconsultants 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. Contractor 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.

5.10 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor and its subconsultants and subcontractors, if any, pursuant to this Agreement:

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

5.10.2 All insurance coverage and limits provided by Contractor 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.

5.10.3 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.

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5.10.4 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 Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

5.10.5 Contractor 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 Contractor, provide the same minimum insurance coverage required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the provision of Project Services will be submitted to the City for review.

5.10.6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or Project 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, Contractor shall defend (at Contractor’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its 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 Contractor, its officers, directors, employees, subconsultants, subcontractors, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of 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, and only to the extent that the Project Services performed by Contractor are subject to California 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 Contractor.

Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify the City, its officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims are caused by the sole negligence or willful misconduct of that indemnified party.

7. REPORTS AND RECORDS

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7.1 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Project Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Project 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. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Project Services as the Contract Officer shall require.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, 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 Contractor 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. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor 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 Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

7.4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of Project Services shall not be released publicly without the prior written approval of the Contract Officer.

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 Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waiver or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.3 Rights and Remedies Cumulative. Except with respect to rights and remedies

39 1367754.1
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.

8.4 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.

8.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty (30) calendar days written notice to Contractor, except that where the continuation of services would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate.

Upon receipt of the notice of termination, Contractor shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Project Services rendered prior to receipt of the notice of termination and for any Project Services authorized by the Contract Officer thereafter.

8.6 Termination for Default of Contractor.

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

8.6.2 If the Contract Officer determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. If such default is capable of being cured, Contractor shall have ten (10) calendar days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor 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 8.5.

8.6.3 If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.6.2, take over the Project Services and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total direct and indirect costs for completion of the Project Services required hereunder exceeds the Maximum Contract Amount, and City may withhold any payments to Contractor for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Contractor shall not limit Contractor’s liability for completion of the Project Services as provided herein.

8.7 Attorneys’ Fees. In the event any dispute between the Parties with respect to this

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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) calendar 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. For purposes of this section, "Reasonable attorney fees" shall be calculated by multiplying the actual number of hours reasonably expended by the attorney(s) handling the dispute on behalf of the prevailing Party by the hourly rate actually paid by the prevailing Party, but in no case shall the hourly rate exceed Two Hundred and Fifty Dollars ($250.00) per hour.

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 Contractor, 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 Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, subcontractors, subconsultants and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, age, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants and employees are treated without regard to their race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry.

10. MISCELLANEOUS PROVISIONS

10.1 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally during normal hours of operation of the Party receiving the notice, or sent by pre-paid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated on the day personally served, or two (2) business days from the date of mailing if mailed as provided in this section. Additionally, notices by email will be considered legal notice if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE – .

41 1367754.1
To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.

Los Alamitos, CA 90720
[email protected]
With copy to:

Michael S. Daudt, City Attorney
Woodruff, Spradlin & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]
To Contractor: Name of Contractor
Street
City, State, Zip Code
Email

10.2 Entire Agreement; Amendments in Writing. This Agreement constitutes the entire agreement between the Parties and is intended as an integrated agreement, superseding 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.

10.3 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.

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

10.5 Third Party Beneficiary. Except as expressly provided herein, 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.

10.6 Recitals. The above-stated 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.

10.7 Prevailing Wages. Contractor 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”). Contractor agrees to fully comply with all

42 1367754.1
applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the work or Project Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to 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.

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.
[SIGNATURES ON NEXT PAGE]

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IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“City”
City of Los Alamitos
By:

Shelley Hasselbrink
Mayor
APPROVED AS TO FORM.

Woodruff, Spradlin & Smart, APC
By:

Michael S. Daudt
City Attorney
ATTEST:

By:

Windmera Quintanar, MMC
City Clerk
“Contractor”
Name of Contractor
By:

Name
Title
Email
By:

Name
Title
Email

EXHIBIT “A”
1277023.1

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 14, 2022 ITEM NUMBER: 11I
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Award of Professional Services Agreement (PSA) with Hirsch & Associates, Inc. for Sterns Park Improvement Project for Project Management Services

SUMMARY
On October 20, 2022, staff received and reviewed bids to the City’s Request for Proposals (RFP) 2022-02 Sterns Park Improvement for Project Management Services. This item is to award the bid for Hirsch & Associates, Inc. in the amount not to exceed $304,031.72.

RECOMMENDATION

1. Award the bid for RFP 2022-02; and,

2. Authorize the Mayor to execute the Professional Services Agreement with Hirsch & Associates, Inc., for Project Management Services with a maximum contract amount of $304,031.72 for a period of fourteen (14) months, ending on December 31, 2023.

BACKGROUND
Sterns Park is a neighborhood park located at 3871 Farquhar Avenue and is approximately 16,500 square feet (0.38 acres). The playground structure was last updated in June 1997.

Parks and playgrounds are essential to establish and maintain the quality of life in the community, ensuring health of families and youth, and contributing to economic and environmental well-being. Playground equipment typically has a service life of twenty years, making the existing play structure 25 years old.

The proposed design will not only update Americans with Disabilities Act (ADA) and safety aspects of Sterns Park, but will also transform the park into an all-inclusive park that will allow all children to play. The objective of the City is to secure a timely, consistent, and cost-effective agreement where the selected firm will render design plans and specifications, project and construction management and inspection services.

In order to secure a qualified firm to provide the described services, a Request for Proposals (RFP) was prepared to seek bids from qualified firms.

DISCUSSION
In June 2022, City Council approved RFP 2022-02, which ultimately resulted in the rejection of

two bids due to the disqualification of one as it was deemed unresponsive, and the second for proposing a cost greater than what funding permits. Staff revised RFP 2022-02, and obtained City Council approval to re-solicit the project for bid responses.

On September 20, 2022, RFP 2022-02 was released, as well as advertised in the newspaper on September 28, 2022 and October 5, 2022. In response to the September 19, 2022 RFP revision, the City received two (2) bids in the following amounts:

COMPANY BID AMOUNT COST DIFFERENCE
Hirsch & Associates Inc. $304,031.72 -
Willdan Engineering $329,844.00 + $23,727
The scope of service sought from this RFP will include but is not limited to the following:

Project Design

1. All-inclusive accessible playground with rubberized surfacing

2. LED security area lighting

3. Concrete paving and improved accessibility

4. Site amenities such as benches, drinking fountain, trash receptacles, picnic tables and shade shelter

5. Decorative seat walls

6. Fencing

7. Fitness equipment with rubberized surfacing

8. Landscaping and irrigation

9. Relocating an existing monument plaque and existing boulders Project Construction Management

1. Review plans, specifications, and all other contract and construction- related documents.

2. Assist the City with public awareness and information program to keep residents and local stakeholders informed of project status, along with impacts to traffic flow circulation, including answering public questions about project.

3. Prepare construction file, including establishment of document control systems. A copy of the Contractor’s construction file checklist shall be provided upon request.

4. Ensure contractor distributes public construction notices and places construction and information signs.

5. Prepare special concerns to be presented at preconstruction conference.

6. Conduct preconstruction meeting, prepare meeting minutes, and distribute to attendees.

7. Closely review schedule and advise Contractor to take action on schedule deviations.

8. Monitor and coordinate activities of design engineering support, surveying, testing, and work by utilities or other agencies.

9. Evaluate and respond to contractor’s requests for clarification of plans and specifications.

10. Ensure that all questions, conflicts, and issues are immediately brought to the City’s attention and addressed with appropriate directives to Contractor.

Construction Inspection Services

1. Conduct a field investigation of the project area to become familiar with the existing facilities and the project environment.

2. Verify and monitor that the contractor conforms to the design survey line and grades.

3. Attend weekly progress meetings with the City’s construction manager, contractor, and subcontractors.

4. Inspector will provide full-time and as-needed construction inspections of the work to monitor materials and methods for compliance with plans, specifications, and contract documents; and address and document non-conforming items as they are discovered.

5. Monitor compliance with Clean Air Act and the Clean Water Act (National Pollutant Discharge Elimination System – NPDES best management services). Also, monitor the contractors' compliance with approved SWPPP.

6. Ensure compliance with Underground Service Alert notification/delineation.

This agreement proposes a fourteen (14) month term with one (1) exercisable six (6) month extension.

FISCAL IMPACT
Funding for the specified services will be expended from Account No. 10-570-5501.2301 for Fiscal Year 2022-2023.

Attachment: 1. Professional Services Agreement (Hirsch and Associates)

2. Exhibit A

3. Bid Breakdown - RFP 2022-02 - Sterns Park Improvement Project

1 1367754.1

PROFESSIONAL SERVICES AGREEMENT
Sterns Park Improvement Project (RFP) 2022-02
[Hirsch & Associates, Inc.]
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into, to be effective this day of November 14, 2022 (“Effective Date”), by and between the CITY OF LOS ALAMITOS, a California charter city and municipal corporation, (“City”) and Hirsch & Associates, Inc. (HAI), (“Firm”) a, Corporation. 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 it requires the services of a qualified firm to provide design, plans, specifications, Engineer’s Estimate (PS&E) for bid, construction management and inspection services for the Sterns Park Improvement Project. It is preferred that the firm provide the City an opportunity to review contract documents and RFP’s in advance of the agenda report deadlines.

B. In response to City’s formal Request for Proposals No. 2022-02 (RFP), dated September 19, 2022, Firm has submitted to City a written proposal, dated October 20, 2022, to provide the desired services.

C. City desires to engage Firm to provide such services subject to the terms and conditions set forth in this Agreement.

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 FIRM

1.1 Scope of Services and Standard of Performance. Firm shall provide those services set forth in the Landscape Architectural Design, Engineering and Construction Management for the Sterns Park Improvement Project Proposal, dated October 20, 2022, attached hereto as Exhibit “A” (“Scope of Services” and/or “Project Services”). Firm shall provide the Project Services in compliance with all terms and conditions of this Agreement. Firm warrants that all Project Services shall be performed in a skillful, competent, professional and satisfactory manner in accordance with all standards prevalent in the same profession in the State of California.

Firm represents and warrants that it and all employees, subcontractors and subconsultants providing any services pursuant to this Agreement shall have sufficient skill and experience to perform the Project Services. All Project Services shall be completed to the reasonable satisfaction of City.

1.1.1 Contract Documents. This Agreement shall consist of the following: (1) the main body of this Agreement; (2) RPF No. 2022-02, dated September 19, 2022; and (3) Firm’s

2 1367754.1
Proposal, Exhibit “A”. 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 main body of this Agreement; (2rd) the RFP, and (3rd) Firm’s Proposal.

1.2 Compliance with Law. All Project Services shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state or local governmental agency of competent jurisdiction. Firm shall be liable for all violations of such laws, ordinances, resolutions, statutes, rules and regulations in connection with performance of the Project Services. If Firm performs any Project Services in violation of such laws, ordinances, resolutions, statutes, rules or regulations, Firm shall be solely responsible for all penalties and costs arising therefrom. Firm shall defend, indemnify, and hold City, its 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 comply with such laws, ordinances, resolutions, statutes, rules or regulations.

1.3 Licenses and Permits. Prior to performing any Project Services, Firm shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services. Firm represents and warrants to City that Firm 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 Firm to perform the Project Services. Firm shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Firm's performance of the Project Services, and shall defend, indemnify, and hold the City, its 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, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Project Services.

1.4 Familiarity with Work. By executing this Agreement, Firm warrants that Firm (a) has thoroughly investigated and considered the Project Services to be performed, (b) has carefully considered how the Project Services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the Project Services under this Agreement.

1.5 Care in Performance of Project Services. Firm shall adopt reasonable methods during the term of the Agreement to prevent losses or damage to materials, papers or other components of the Project Services, and shall be responsible for all such damages, to persons or property, until acceptance of the Project Services by the City, except such losses or damages as may be caused by City's own negligence.

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

2. COMPENSATION

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2.1 Maximum Contract Amount. Firm shall be compensated for the Project Services performed, including authorized reimbursements, if any, in accordance with the hourly rates and charges set forth in the Scope of Services in an amount not to exceed Three Hundred and Four Thousand, Thirty-One Dollars and Seventy Cents ($304,031.72). The maximum amount of City’s payment obligation under this Agreement is the amount specified in this section.

2.2 Method of Payment. In any month in which Firm wishes to receive payment, Firm shall no later than first working day of such month, submit to the City, in a form approved by the City Manager or his designee, 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 Firm 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. Within thirty (30) calendar days of receipt of invoice, City shall pay all undisputed amounts included on the invoice.

2.3 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, signed by an individual authorized to formally bind the Party for which he/she is signing, 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 when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or, (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Firm’s profession.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Los Alamitos 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 Project Services to be performed by Firm is an essential condition of this Agreement.

3.2 Schedule of Performance. Firm shall prosecute regularly and diligently the Project Services according to the periods specified in the Scope of Services. When requested by Firm, extensions of the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant any such extension.

3.3 Force Majeure. The time for performance of the Project Services may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Firm (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Firm, within ten (10) calendar days of the commencement of such delay,

4 1367754.1
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 Firm 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 and shall continue in full force and effect for an initial period of thirteen (13) months, ending on December 14, 2023 unless extended at the sole election of City for an additional period of six (6) months, ending on June 14, 2024.

4. COORDINATION OF PROJECT SERVICES

4.1 Firm’s Representative. The following principal of Firm is hereby designated as being the principal and representative of Firm authorized to act on its behalf with respect to the Project Services and to make all decisions in connection therewith: Charles Foley. 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 Firm and devoting sufficient time to personally supervise the Project Services performed hereunder. The foregoing principal may not be changed by Firm without prior written approval of the Contract Officer.

4.2 City’s Contract Officer. The City’s Contract Officer shall be such person as may be designated by the City Manager, and is subject to change by the City Manager. It shall be the Firm's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Project Services, and the Firm 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 Firm, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Firm 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. Firm shall not contract with any other entity to perform the Project Services without prior written consent of City. If Firm is permitted by City to subcontract any part of this Agreement, Firm 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 performance of Project Services will be considered employees of Firm. City will deal directly with and will make all payments to Firm. 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

5 1367754.1
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 Firm, 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 Firm or any surety of Firm from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

4.4.1 The legal relationship between the Parties is that of an independent contractor; nothing herein shall be deemed to make Firm a City employee. During the performance of this Agreement, Firm and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Firm will determine the means, methods and details of performing the Project Services subject to the requirements of this Agreement. The personnel performing the Project Services on behalf of Firm shall at all times be under Firm’s exclusive direction and control. Neither City nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Firm or any of its officers, employees, or agents, except as set forth in this Agreement. Firm, 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 Firm’s officers, employees, or agents or in fixing their number, compensation, or hours of service. Firm shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Project Services 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 Firm in its business or otherwise a joint venturer or a member of any joint enterprise with Firm.

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

4.4.3 No City benefits shall be available to Firm, its officers, employees, representatives, agents, subconsultants or subcontractors in connection with the performance of any Project Services. Except for fees paid to Firm as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Firm for the performance of any Project Services.

City shall not be liable for compensation or indemnification to Firm, its officers, employees, representatives, agents, subconsultants or subcontractors, for injury or sickness arising out of the performance of any Project Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 herein, of any nature relating to salary, taxes, or benefits of Firm’s officers, employees, representatives, agents, or subconsultants or subcontractors, Firm shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

4.5.1 In the event that Firm or any officer, employee, representative, agent, subconsultant or subcontractor of Firm providing any Project Services claims or is determined by

6 1367754.1
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, Firm shall indemnify, defend, and hold harmless City against (1) all such claims and determinations, (2) for the payment of any employee and/or employer contributions for PERS benefits on behalf of Firm or its officers, employees, representatives, agents, subconsultants or subcontractors, and (3) the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Firm and any of its officers, employees, representatives, agents, subconsultants or subcontractors providing any Project Services 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. Firm 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. Firm shall not commence any Project Services unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Firm’s existing insurance policies do not meet the insurance requirements set forth herein, Firm 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, Firm shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

5.2.1 Professional Liability/Errors and Omissions Insurance ("PLI"). Firm shall obtain and maintain a policy of Professional Liability or Errors and Omissions Insurance appropriate to Firm’s profession with per-claim and aggregate limits of no less than Two Million Dollars ($2,000,000.00). Covered professional services shall specifically include all Project Services to be performed under the Agreement and the policy shall be endorsed to delete any exclusions that may exclude coverage for claims within the minimum PLI limits set forth herein for the Project Services to be performed under this Agreement.

7 1367754.1

5.2.1.1 The PLI policy shall be endorsed to delete any Contractual Liability Exclusion. The PLI shall include contractual liability coverage applicable to this Agreement. The policy must “pay on behalf of” the insured, and include a provision establishing the insurer’s duty to defend the insured.

5.2.1.2 If the PLI policy is written on a “claims-made” basis, the policy shall 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 all Project Services provided hereunder (the "PLI Coverage Period"). If any PLI policy is replaced, cancelled, non-renewed, discontinued, or otherwise terminated, or if the limits of a PLI policy are reduced or the available coverage depleted below the required minimum coverage amounts for any reason during the PLI Coverage Period, Firm shall immediately obtain replacement PLI coverage meeting the requirements of this Section

5.2.1. Such replacement coverage shall satisfy all requirements herein, and shall include coverage for the prior acts or omissions of Firm during the time period during which any Project Services were performed. 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 West-Comm.

5.2.1.3 If the PLI policy 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 Project Services provided for in this Agreement, whichever is later. In the event of termination of the PLI policy during this period, new coverage shall immediately be obtained, and written evidence of the policy shall be immediately provided to West-Comm, to ensure PLI coverage during the entire course of performing the Project services.

5.2.1.4 Firm shall not perform any Project Services at any time during which required types or amounts of PLI insurance are not in effect, and West-Comm shall have no obligation to pay Firm for Project Services performed while required PLI insurance is not in effect.

5.2.2 Commercial General Liability Insurance. Firm shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (CGL). Coverage shall be at least as broad as ISO Form CG 00 01 written on a per occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000.000.00) in the general aggregate.

The policy shall not contain any 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.

5.2.3 Automobile Liability Insurance. Firm shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance.

Coverage shall be at least as broad as ISO Form CA 00 01 written on a per occurrence basis, covering Code 1 (any auto), or if the Firm has no owned autos, Code 8 (hired) and Code 9 (nonowned), with limits of no less than One Million Dollars ($1,000,000.00) for each occurrence covering bodily injury and property damage.

8 1367754.1

5.2.4 Workers’ Compensation Insurance. Firm 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. Firm 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. Firm shall also 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. Notwithstanding the foregoing, Firm shall not be required to procure either Worker’s Compensation Insurance or Employer’s Liability Insurance if Firm provides written verification to the City that Firm does not have any employees.

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 Project Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Firm agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Firm shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.

5.4 Specific Insurance Provisions and 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 Firm shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

5.4.1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this section for CGL and Automobile Liability Insurance shall be endorsed as follows:

5.4.1.1 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

5.4.1.1.1 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 Firm, 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.

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5.4.1.2 Primary and Non-Contributing Insurance. Each CGL and Automobile Liability Insurance policy shall be endorsed to 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.

5.4.1.3 Waiver of Subrogation. Each CGL and Automobile Liability Insurance policy shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Firm 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. Firm hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Firm hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

5.4.2 Notice of Cancellation. Each policy of any type shall be endorsed to provide that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) calendar days prior written notice has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Firm’s failure to pay the insurance premium, the notice provided by the insurer to City shall be by not less than ten (10) calendar days prior written notice. (A statement that notice will be provided "in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this section.)
Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance. The decision whether to approve or withhold approval of a deductible or self-insured retention shall be made by the City in the City's sole and absolute discretion.

5.6 Evidence of Coverage. Concurrently with the execution of the Agreement, Firm shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Firm shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City may require to verify coverage.

5.6.1 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.

5.6.2 Authorized Signatures. 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.

5.6.3 Renewal/Replacement Policies. At least fifteen (15) calendar 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, Firm shall, within ten (10) calendar 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

10 1367754.1
reinstated or has been provided through another insurance company or companies meeting all requirements of this Agreement.

5.7 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 Firm may be held responsible for payments of damages to persons or property.

5.8 Enforcement of Agreement (Non-Estoppel). Firm acknowledges and agrees that actual or alleged failure on the part of the City to inform Firm of any non- compliance 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.

5.9 Insurance for Subconsultants. Firm shall either: (1) include all subconsultants or subcontractors engaged in the performance of Project Services on behalf of Firm as additional named insureds under the Firm’s insurance policies; or (2) Firm 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. Firm 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.

5.10 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Firm and its subconsultants and subcontractors, if any, pursuant to this Agreement:

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

5.10.2 All insurance coverage and limits provided by Firm 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.

5.10.3 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.

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5.10.4 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 Firm’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

5.10.5 Firm 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 Firm, provide the same minimum insurance coverage required of Firm. Firm 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. Firm agrees that upon request, all agreements with subcontractors and others engaged in the provision of Project Services will be submitted to the City for review.

5.10.6 Firm agrees to provide immediate written notice to City of any claim, demand or loss against Firm arising out of the work or Project 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, Firm shall defend (at Firm’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its 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 Firm, its officers, directors, employees, subconsultants, subcontractors, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of 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, and only to the extent that the Project Services performed by Firm are subject to California 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 Firm.

Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Firm’s indemnification obligation or other liability hereunder.

Notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify the City, its officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims are caused by the sole negligence or willful misconduct of that indemnified party.

7. REPORTS AND RECORDS

12 1367754.1

7.1 Records. Firm shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Firm shall keep such books and records as shall be necessary to properly perform the Project Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Project 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. Firm shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Project Services as the Contract Officer shall require.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Firm, 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 Firm 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. Firm may retain copies of such documents for its own use.

Firm shall have an unrestricted right to use the concepts embodied therein. Firm 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 Firm fails to secure such assignment, Firm shall indemnify City for all damages resulting therefrom.

7.4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Firm, its employees, subconsultants, subcontractors and agents in the performance of Project Services shall not be released publicly without the prior written approval of the Contract Officer.

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 Firm covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waiver or render unnecessary City’s consent to or approval of any subsequent act of Firm. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.3 Rights and Remedies Cumulative. Except with respect to rights and remedies

13 1367754.1
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.

8.4 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.

8.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty (30) calendar days written notice to Firm, except that where the continuation of services would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate. Upon receipt of the notice of termination, Firm shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Firm shall be entitled to compensation for all Project Services rendered prior to receipt of the notice of termination and for any Project Services authorized by the Contract Officer thereafter.

8.6 Termination for Default of Firm.

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

8.6.2 If the Contract Officer determines that Firm is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Firm in writing of such default. If such default is capable of being cured, Firm shall have ten (10) calendar days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Firm fails to cure its default within such period of time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Firm 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 8.5.

8.6.3 If termination is due to the failure of Firm to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.6.2, take over the Project Services and prosecute the same to completion by contract or otherwise, and Firm shall be liable to the extent that the total direct and indirect costs for completion of the Project Services required hereunder exceeds the Maximum Contract Amount, and City may withhold any payments to Firm for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Firm shall not limit Firm’s liability for completion of the Project Services as provided herein.

8.7 Attorneys’ Fees. In the event any dispute between the Parties with respect to this

14 1367754.1
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) calendar 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. For purposes of this section, "Reasonable attorney fees" shall be calculated by multiplying the actual number of hours reasonably expended by the attorney(s) handling the dispute on behalf of the prevailing Party by the hourly rate actually paid by the prevailing Party, but in no case shall the hourly rate exceed Two Hundred and Fifty Dollars ($250.00) per hour.

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 Firm, 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 Firm or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Covenant Against Discrimination. Firm covenants that, by and for itself, its heirs, executors, assigns, subcontractors, subconsultants and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, age, national origin, or ancestry. Firm shall take affirmative action to insure that applicants and employees are treated without regard to their race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry.

10. MISCELLANEOUS PROVISIONS

10.1 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally during normal hours of operation of the Party receiving the notice, or sent by pre-paid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated on the day personally served, or two (2) business days from the date of mailing if mailed as provided in this section. Additionally, notices by email will be considered legal notice if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE – Hirsch & Associates, Inc.

15 1367754.1
To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.

Los Alamitos, CA 90720
[email protected]
With copy to:

Michael S. Daudt, City Attorney
Woodruff, Spradlin & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]
To Firm: Charles Foley, President
Hirsch & Associates, Inc. 2221
East Winston Road Suite A
Anaheim, CA 92806
[email protected]

10.2 Entire Agreement; Amendments in Writing. This Agreement constitutes the entire agreement between the Parties and is intended as an integrated agreement, superseding 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.

10.3 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.

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

10.5 Third Party Beneficiary. Except as expressly provided herein, 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.

10.6 Recitals. The above-stated 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.

10.7 Prevailing Wages. Firm 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

16 1367754.1
16000, et seq., (“Prevailing Wage Laws”). Firm agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the work or Project Services provided pursuant to this Agreement, Firm shall bear all risks of payment or non-payment of prevailing wages under California law, and Firm hereby agrees to 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.

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.
[SIGNATURES ON NEXT PAGE]

17 1367754.1
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“City”
City of Los Alamitos
By:

Shelley Hasselbrink
Mayor
APPROVED AS TO FORM.

Woodruff, Spradlin & Smart, APC
By:

Michael S. Daudt
City Attorney
ATTEST:

By:

Windmera Quintanar, MMC
City Clerk
“Firm”
Name of Firm
By:

Charles E. Foley
President
[email protected]
By:

Mark A. L. Hirsch
Vice President
[email protected]

EXHIBIT “A”
1277023.1

l
HIRSCH & ASSOCIATES, INC.

LANDSCAPE ARCHITECTURE & PLANNING
'
Creating Award Winning Parks & Recreational
Facilities Since 1977
2221 E \V1nston Road Suite A Anahe1r1 CA 92806-5540
Phone 714 776 4340 Fax 714 776 ~3~·5 1·1:1v1 ha1landarch cor1 L 1 RL.'.; t5567

a Table of Contents
1 Letter of Transmittal/Cover Letter
2-6 Company Data/Qualifications
7-29 Resumes
30-43 Work Plan
44 Schedule
45-53 Sample Projects
54-55 Professional Fees

I
r
l
l
HIRSCH 8c ASSOCIATES, INC.

LANDSCAPE ARCH I TECTURE 8c PLANNING Mr. Ron Noda 10-20-22 Development Services Director
3191 Katelfa Ave
Los Alamitos, Ca. 90720
Proposal - Landscape Architectural Design, Engineering and Construction Management - Sterns Park Improvements
Dear Mr. Noda,
Hirsch & Associates, Inc. (HAI) has creative and extensive experience in all aspects of design required to lead this project and is pleased to present our proposal. Our diverse project experience coupled with the preliminary conceptual design study HAI prepared with the City shall provide a complete and successful delivery of the revitalized park. We look forward to continuing our successful working relationship with the City of Los Alamitos.

HAI is uniquely qualified having;
• Designed numerous Park facilities receiving recognition by the California Park and Recreation Society in being presented Special Awards of Excellence, Environmental Planning Awards as well as American Public Works Association Project of the Year Awards, Southern California Chapter and Awards of Merit for Park Planning and Design. • Design and development of over (130) municipal parks throughout California including renovation and reimagining of existing facilities.
• Extensive experience with Community Outreach and interpretation of input within design concepts and ultimately the constructed facility.
• Expert understanding of the latest in design standards with respect to park design, sustainability, storm water retention/infiltration, site grading and drainage and Water Efficiency Landscape requirements.
• Expert understanding of the "Americans with Disabilities Act", California Title 24, California Building Code and experience with how they apply to public facilities. • Expert understanding of AB1881, State Water Reduction Ordinance and how it applies to public landscapes.
• Proven success with the Anser Advisory (Construction Management) and currently working together for the City of Long Beach on multiple park renovation projects.

HAI and our team shall deliver an inspired approach to the design of this project which shall be our highest priority. If selected, HAI shall provide the City an insurance certificate meeting the requirements set forth in the request for proposal.
a oley, President
CA RLA#5567, ASLA
2221 EAST W INSTON ROAD, SUITE A, ANAHEIM, CALIFORNIA 92806 PHONE 714-776-4340 FAX 714-776- 4395 WWW.HAILANDARCH.COM LA# l710

W Key Design and Construction Management Team Members -All shall be available for the --- duration of the project. Additionally, HAI and our sub consultants currently possess or will obtain insurance per the City of Los Alamitos requirements at the time of contract execution.

Hirsch & Associates, Inc.

Charles Foley, Principal In Charge/Landscape Architect of Record Mark Hirsch, Project Manager
Pam Brown, Senior Designer
Technical Staff as needed
Blue Peak Engineering Anser Advisory
Rob DePrat, Civil Engineer Stephen Mutch, PE Director of Environmental Services Ben Torres, Construction Manager
John Duong, Construction Manager
IDS Engineering
Michael Reed, Electrical Engineering Project Manager
Said Hilmy, Structural Engineer
Rodriguez Consulting and Engineering Pacific Land Consultants Gene Luu, Geotechnical Engineer Chris Vassallo, Licensed Surveyor GCAP/Labor Compliance Services
Sylvia Linn, Vice President
References
Eric Lopez, Public Works Director, City of Long Beach 562-570-5690 [email protected] Working on an On Call basis since 2014. Design of new and renovation of existing public spaces including trails, plaza and park space, sport courts with lighting, play areas, parking lots, sports fields, planting and irrigation.

Andy Winje, City Engineer/Public Works, City of Redondo Beach, 310-318-0661 x2431 [email protected]
Working on an On Call basis since 2017. Design of renovation for public spaces including trails, park space, parks, parking lots, sport court planning, water reduction strategies, planting and irrigation.

Raul Martinez, Park Superintendent, City of Long Beach, 562-570-4895 [email protected]
Design of renovated Public Parks, sport courts with lighting, play areas, planting and irrigation systems.

Yorba Linda Towne Center Gilroy Gardens Splash Oasis Mackay Park, Cypress

STATEMENT OF QUALIFICATIONS
Company Data

1. Hirsch & Associates, Inc. Landscape Architects (HAI) 2221 East Winston Rd. Ste A
Anaheim, Ca. 92806

2. Main Contact: Charles Foley - [email protected]
714-776-4340 X 107

3. HAI is a California C Corporation.

4. Federal Employer 330299754

5. HAI has a single office located in Anaheim, California.

6. HAI is a California Corporation privately owned by its shareholders. It is not partially owned by another business orga nization.

7. Hirsch & Associates, Inc. originally Heimberger Hirsch & Associates, started in 1977 and incorporated in 1988. Mr. Heimberger left the company in 1997 and HAI was incorporated thereafter.

8. HAI is currently working on the following contracts/projects Play Area Renovation - long Beach
HAI recently completed design for and construction oversight of renovation of (10) play grounds within existing parks for the City of Long Beach. The project has spanned 4 years with the most recent opening at Recreation Park this June. HAI is under contract to renovate (3) additional play areas at Ramona, Admiral Kidd and Silverado Parks.

Play Area Renovation - Westminster
HAI recently completed design for and construction oversight of renovation of (2) playgrounds within existing parks for the City of Westminster. The project started in 2020 with both playgrounds opening in 2022. We are now designing (2) additional playground renovations at Liberty and Newcastle Parks.

Park Design - Adelanto
HAI is designing a new 2.8 acre park facility funded by the State Proposition 68 Grant. The facility includes new play areas, splash pad, prefabricated restroom, sport courts, outdoor exercise equipment, area lighting, stormwater collection and infiltration, parking and integrated bus stop. The soon to be named project will be out to bid later this year with completion in 2023.

9. HAI specializes in renovation of existing park facilities. The vast majority of parks we design are existing. Our principal and staff members possess the knowledge and expertise to overcome challenges associated with existing site opportunities and constraints. We have worked with communities throughout California and developed strategies to overcome both public/ political and physical challenges.

10. HAI has never failed to complete a contract in both public and private development. We are a strong, flexible and balanced company able to complete every project endeavor we engage.
11 . HAI does not have any other business or financial interests other than itself.

12. There are no known conflicts of interest that prevent HAI from entering into a contract for Sterns Park with the City of Los Alamitos.

Mackay Park,
City of Cypressk
Gilroy Gardens,
City of Gilroy
Los Cerritos Park,
City of Long Beach
HIRSC H 8c ASSOCIATES, INC.

LANDSCAPE ARC HITECTUR E & PLANNING
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STATEMENT OF QUALIFICATIONS

PROJECT DIVERSITY
Parks & Recreation
Regional Parks
Community Parks
Neighborhood Parks
Sports Facilities
Special Use Facilities
Mini Parks
Universally Accessible Children's Play Areas
Municipal
Civic Centers
Redevelopment Projects
Landscape Standards & Guidelines
Landscape Plan Check Services
Public Plazas & Fountains
Institutional
School & Campuses
Correctional Facilities
Justice & Police Facilities
Hospital Landscape Planning & Design
Commercial Specialty
Commercial Power Centers Fountains
Office & Business Parks Water Features
Memorials
Residential Transportation
Planned Communities Streetscapes
Single Family Housing Freeway Landscape Design
Model Homes City Monuments
Apartment Complexes Project Monuments
Firm Description
Hirsch & Associates, Inc. established in 1977 and incorporated in 1988 is a leading landscape architectural and multi-discipline firm created to serve as a knowledgeable and valuable resource to public agencies and private developers. Our goal is to maintain balance between design and economics by furnishing client oriented services tailored to meet the needs of individual projects in a creative, innovative, sustainable and cost effective manner.

The knowledge gained on a wide range of projects allows the professional staff of Hirsch & Associates, Inc. to provide each client with the experience and understanding of the decision making process, design parameters, construction standards, water conservation requirements and current maintenance practices. This experience equates to well-conce,ived projects that exceed expectations.

Business Data
330299754 EIN
California C Corporation
Department of Water & Power Fountain,
City of Burbank
Mccambridge Park,
City of Burbank
Yorba Linda Towne Center,
City of Yorba Linda
HIRSCH & ASSOCIATES, INC.

LANDSCAPE ARCHITECTURE 8: PLANNING
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SERVICES

LANDSCAPE ARCHITECTURE
r
·········· ································ ···················· ·· ····················· Capa
In the capacity of primary consultant or development team member, \ our professional staff and affiliates are capable of providing complete :
landscape architecture, planning and engineering services. j Se
aster Planning
ility Studies
ptual Studies
unity Outreach
unity Workshops
able Site Planning
Construction Documents
Project Management
uction Administration
pact Development
Harvesting
ion Design (AB 1881)
Auditing
Budgeting
Consumption Reporting
Recycled Water Irrigation Design
ADA Compliance
Appr
Through our strong commitment to professional integrity and per- :
sonal service, Hirsch ft Associates, Inc. is dedicated to providing the :
comprehensive services necessary to achieve a final project from ~ conceptualization through completion of construction. Our innovation :
and employment of advanced technologies, proven multi-discipline :
approach and demonstrated success of each project support this ~ commitment. :

Hirsch ft Associates, Inc. understands the many and varied respon - ~ sibilities and pressures placed upon our clients through the design :
and development process. Accurate design and quick response from :
highly qualified professional staff members is hallmark to the services ) we provide.

Cerritos Towne Center,
City of Cerritos
Betty Lou Lamoreaux Juvenile Justice &
Family Probate Facility, County of Orange
Plaza Park,
City of Fullerton
Glendale Sports Complex,
City of Glendale
HIRSCH & ASSOCIATES, [NC.

LANDS CAPE A RCHITECTURE & PLANNfNG
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SERVICES

CONTINUED
Philosophy
Planning, designing and building a project to meet today's needs is an all encompassing challenge. The practice of landscape Fairmount Park, architecture has become an integrated team effort, carefully City of Riverside considering the needs and desires of the people who live, work and play within the projects we design. As landscape architects and planners, we have a responsibility to the general public to create the best possible environment. The knowledge to design this environment is obtained from two sources, our past experience; which help us provide practical and timely designs within budget restraints, and our vision of the future; which gives our designs life and meaning that will grow beyond the present.

Affiliates Services
Architecture .,, Community Buildings Administration Buildings Gymnasiums Picnic Shelters -
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Restroom Buildings Concession Buildings ~
Engineering
Civil Electrical ::u Structural Mechanical
Environmental
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Constructability Review Construction Management m
Entitlement Processing Value Engineering
Project Management Construction Inspections
Insurance Information
Hirsch & Associates, Inc. maintains the following insurance coverage limits may be increased upon request:

General & Automobile Liability
Travelers
Limit: $2 Million & $4 Million Aggregate
Professional Liability
Aspen American
Limit: $2 Million
Worker's Compensation
Travelers
Limit: $1 Million
Janss Plaza Renovation,
University of California, Los Angeles
Central Park,
City of La Palma
Louis A. Pompei Memorial Park,
City of Glendora
HIRSCH 8c ASSOCIATES, INC.

LANDSCAPE ARC HITECTURE & PLANNING

Resumes
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CHARLES E. FOLEY, ASLA

PRESIDENT

CHIEF EXECUTIVE OFFICER
Education
Landscape Architecture, BS
California State Polytechnic University,
Pomona, California
Registration
Licensed Landscape Architect, California #5567
Licensed Landscape Architect, Nevada #948
Experience
Mr. Foley has over 25 years of professional Landscape Architectural and Planning design experience. He has been the Principal in Charge of a wide variety of public park, streetscape, school districts and private development projects. The projects include renovation of existing parks as well as development of new facilities, Brownfield and Landfill sites, Habitat Restoration, irrigation renovation and water efficiency I reduction efforts. As Principal in Charge of each project, he oversees all aspects of development including the public input process from stakeholders, interaction with commissions and council, administers quality control of HAI staff and sub consultants during the design process as well as integral involvement during the construction process. His early field experience in construction prior to becoming a design professional serves clients well with knowledge related to site work and all aspects of park development. The culmination of this experience has served his clients well with creative projects meeting the needs of the stakeholders, completed on time and within budget. Many completed projects he has managed have been awarded merit by the California Park and Recreation Society (CPRS) as well as the American Public Works Association (APWA).

With or without rewards, the completely projects have become treasured assets of communities they serve.

Professional Responsibilities
Project Management
Client Contact & Development
Project Production
Construction Document Preparation
Construction Support
Community Workshops
Public Meetings
Presentations
Affiliations
American Society of Landscape Architects (ASLA)
ASLAMentor
California Park & Recreation Society
Cesar Chavez Park,
City of Pomona
HIRSCH 8c ASSOCIATES, INC.

LANDSCAPE ARCHITECTURE & PLANNING
Mackay Park,
City of Cypress
Rotary Centennial Park,
City of Long Beach
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Long Beach Bike & Pedestrian Trail,
City of Long Beach

Rio Vista Park
Pico Rivera, CA
Smith Park
Pico Rivera, CA
MARK A. L. HIRSCH

LANDSCAPE CONTRACTOR, CUA

VICE PRESIDENT
Education
Construction Technology
College of the Redwoods, Eureka CA
Horticulture,
Fullerton College, Fullerton CA
Registration
Licensed Landscape Contractor (C-27) CA #956898
Certified Landscape Irrigation Designer and Auditor, CUA #84847
Experience
Mr. Hirsch has 34 years of experience in the landscape
design and construction industry. Before joining Hirsch ft Associates, Inc. 1998, Mr. Hirsch obtained ten years experience working for a General Contractor, installing all aspects of landscape construction.

Mr. Hirsch has continued to increase his capacity at
HAI, starting from draftsman to his current title of Vice President. Accomplishments during his professional
career including Autodesk/ AutoCAD certification, certified irrigation designer and certified water auditor. Mr.

Hirsch is a licensed landscape contractor in the State
of California. Mackay Park,
Cypress, CA
Professional Responsibilities
Project Management
Construction Management
Construction Support
Water Audits
Water Management Louis A. Pompei Memorial Park, Janss Plaza Historic Renovation, City of Glendora, CA UCLA Los Angeles, CA Irrigation Consultation Presentations
Community Workshops
Conceptual Design Preparation
Construction Document Preparation
Affiliations
IA Irrigation Association
California Landscape Contractor Association
California Park ft Recreation Society
Wildlife Conservation Society
Sycamore Canyon Park,
Diamond Bar, CA
HIRSCH 8c ASSOCIATES, INC.

LANDSCAPE ARCHITECTURE & P L ANNING
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PAMELA BROWN, AsLA

SENIOR DESIGNER
Education
Landscape Architecture, BS
California State Polytechnic University,
Pomona, California
Registration
Licensed Landscape Architect, California #5866
Experience
Ms. Brown joined Hirsch and Associates, Inc. in 2007 with 4 years of previous experience at a large multi-disciplinary firm in their Landscape Architecture division where she collaborated on projects with architects, engineers, and environmental planners. Ms. Brown works closely with
clients and sub consultants to develop various projects from conceptualization through design development and
lastly to construction documents and support. Ms. Brown has been involved with a wide range of projects such as award-winning Park and Recreation Facilities, Sports Parks, Commercial Retail Centers, and Streetscape Beautification.

She has also been involved with the design of Specialty projects such as: water features, water catchment systems for on-site irrigation use, and rain garden features that utilize plant material for contaminant filtration.

Professional Responsibilities
Construction Document Preparation
Graphic Design/Rendering
Project Production
Construction Support
Community Workshops/Public Meetings
Subconsultant Coordination
Client Contact and Development
Affiliations
American Society of Landscape Architects (ASLA)
Morgan Park, City of Baldwin Park CA
HIRSCH 8c ASSOCIATES, INC.

LANDSCAPE ARCHITECTURE & PLANNING
Yorba Linda Towne Center, Yorba Linda CA
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Bradley Park, San Marcos CA
Recreation Park Playground, Long Beach CA

ANSER~

ADVISORY
STEPHEN MUTCH, PE, CCM, ASSOCIATE DBIA, QSD Education
PRINCIPAL PROGRAM MANAGER Bachelor of Science., Civil
Engineering, California State Mr. Mutch has more than 34 years of broad civil, environmental remediation, and construction University, Long Beach, 1990 management experience for various types and sizes of public agency capital improvement projects.

His environmental experience includes the identification, assessment, management, and disposal Licenses/Certifications of hazardous waste. His broad experience includes vertical building, heavy horizontal, and Registered Civil Engineer,
California, #66757
Associate DBIA Professional
(Assoc. DBIA (current)
Certified Construct ion Manager
(CCM), Construction Management
Association of America (CMAA),
#2384 (Current)
Qualified SWPPP Developer (QSD),
#01240
Organizations/ Affiliations
Building Commissioning Authority
Nationa I Registry of
Environmental Professionals
Construction Management
Association of America
Design Build Institute of America
Experience
underground utility projects. Clients rely on his expertise in permitting, project commissioning, stakeholder and third-party coordination, and environmental compliance.

PROGRAM/CONSTRUCTION MANAGEMENT EXPERIENCE
SGVCOG, Diamond Bar Golf Course Project, Diamond Bar, CA I 2021 As Senior Construction Manager, Stephen is responsible for Anser Advisory is SGVCOGs' representative on the re-construction of the Diamond Bar Golf Course (DBGC) to reconfigure/construct new fairways, greens and other golf amenities. The reconfiguration also requires construction of two major box culverts to capture and discharge llOOCFS of storm flows and surface grading and improvements to allow positive drainage in these areas. Other project aspects include replacing the existing golf course irrigation system with new pipe, watering heads and controllers, install new potable and fire water services, construct a new 9000 Sf golf maintenance facility. Demolition of existing structures and clearing and grubbing of large areas as part of the reconfiguration efforts. All work must be coordinated with other major roadway widening projects and tight construction schedules.

As Senior Construction Manager, Stephen is overseeing the relocation of a Southern California Edison 66kV Tubular Steel Pole that supports overhead conductors. The project will grade an area for the new pole and allow SCE access for construction of the pole foundation and restringing the conductions. Because the golf course is being reconfigured, the existing 12kV overhead power line Yea rs Experience: 34 will be relocated underground. Stephen is also overseeing the construction of a about 2,800 LF of Years with Anser: 20+ 12kV duct back, multiple manholes and junction structures through the Northeast portion of the Work project. History
Anser Advisory, LLC, Director
Program Manager, 2002 to
Current
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County of Santa Barbara Department of Public Works, Tajiguas Resource Recovery Project, Santa Barbara, CA I 2017-2020
Anser Advisory dba Simplus was the County Department of Public Works representative on the construction of a material recovery and anaerobic digester facilities totaling 95,000 square feet. The projects goal is to achieve source reduction of the Tajiguas landfill to extend the operational times of the landfill. The project entails the coordination with the design build firm to resolve plan check, permitting and approvals of building plans; updates and reconfiguration of the landfill gas systems; expansion of the landfill gas collection and reuse systems to generate about 1 mega-watt of power production for the site. Additional efforts include installation of 140 cast in drilled hole (CIDH) piles, evaluation of groundwater sources to eliminate liquefaction conditions, treat and dispose of nuisance waters.

City of Seal Beach, Seal Beach Pier Renovation Project, Seal Beach, CA I 2018-2019 Mr. Mutch was the senior program manager for the reconstruction of the Seal Beach Pier damaged in the 2016 fire which destroyed the Ruby's restaurant and several hundred feet of wooden pier structure and deck. Anser provided contract management, construction inspection and observation, and monitoring for this challenging project which required the pier to remain open to the public throughout the reconstruction process. The project required the pier to be completely refitted with new utilities, including transformer and main gear compound, new fire distribution systems, new pier supports, repair/install 24 wooden piles, and import hardwoods sourced from South America. Permitting and oversight was required from the California Coastal Commission, Regional Water Quality Control Board (RWQCB), Air Quality Management District (AQMD), Orange County Fire Authority, and the City of Seal Beach. The project also included community outreach programs to respond to questions or concerns from local businesses and residents.

ANSERADVISORY.COM

STEPHEN MUTCH, PE, CCM, ASSOCIATE DBIA, QSD
PRINCIPAL PROGRAM MANAGER ANSER~

ADVISORY
City of Long Beach, Los Cerritos Channel Stormwater Diversion Project, Long Beach, CA I 2018-2019
The project included the construction of a stormwater collection system that holds 30 acre-feet of stormwater. Construction entailed cast-in-place concrete walls and deck, wick drains, access hatches, manholes, soil excavation and backfill, and a monitoring system that allows water levels to be monitored and controlled. The project included coordination with airport staff, Federal Aviation Administration, City of Long Beach and City of Signal Hill staff, and the contractor. Mr. Mutch worked with the project team to m~>nitor overall progress and documentation processes.

City of Long Beach, Willow Springs Wetland Restoration, Long Beach, CA I 2016-2017 Anser provided construction management services for the Willow Springs Wetland Restoration which included the construction of a stormwater collection system, vegetated bioswales, inlet structure, habitat planting, rip rap inlet structures, stormwater detention basin, and groundwater infiltration system. As Senior Construction Manager, Mr. Mutch was responsible for assisting the City in reviewing the plans and specifications and procuring native California plants. He assisted with coordinating the contract award, daily reporting monitoring construction, facilitating meetings, and reviewing and processing change orders, submittals, schedules, and monthly payments.

Trans Pacific Container Service Corp., Tra-Pac Container Terminal Administration Building, Port of Los Angeles, CA I 2014-2016
Sim plus has recently been awarded a five-year on-call construction management contract with the Port of Los Angeles. One of the first assignments is to serve as the Port's construction manager responsible for contract management, construction inspection and observation, and monitoring commissioning efforts for the new LEED Gold-certified building. Special effort was required to resolve several hundred outstanding change order requests submitted by the contractor. The closeout phase included inspection, permitting, and monitoring the Certificate of Occupancy process. The building construction is a steel-framed structure and glass curtain wall. Environmental issues included drainage control SWPPP management in compliance with the Port' s Green Port objectives.

Terminals A & T, Shore to Ship Power Systems, Port of Long Beach, CA I 2012-2014 Mr. Mutch was the Senior Constructi9n Manager for the project which constructed four 25kVA power substations and 15 shore to ship power access vaults along the 4,000-foot wharf. The projected received grant funding through South Coast Air Quality Management District to remove idling container ships and provide cleaner shore power. The project required an extensive commissioning program to coordinate equipment both land based and ship side, developing compatible power frequencies, and startup and operations program and training for the terminal crews. The project required coordination between terminal operations, construction crews, and third-party inspection firms for the movement of large container ships and loading/unloading of ships 24/7. Mr. Mutch worked closely with the terminal owner, POLB, to ensure the contractor adhered to project requirements and maintained compliance with all the permitting, environmental, and public utilities agencies including RWQCB, AQMD, U.S. Army Corps of Engineers, and various City agencies. This project required extensive coordination with SCE.

Port of Long Beach, Maintenance Facility Complex, Long Beach, CA I 2010-2013 The maintenance facility complex included the construction of a 56,651-square-foot maintenance building, 49,363-square-foot equipment and vehicle canopy wash building, 30,943 square-foot fuel station, staff vehicle surface parking, pedestrian/bike path along Harbor Plaza, and landscape improvements. As an Assistant project manager, Mr. Mutch was responsible for constructability reviews and preliminary comments during the design phase.

ANSERADVISORY.COM

ANSER~
Education
Bachelor of Science,
Construction Management
Technology, California State
University, Northridge,
Northridge, CA
Licenses/Certifications
LEED Green Associate
Construction Manager-inTraining (CMIT)
OSHA 10-Hour Safety
Certification
Negotiation Mastery Certificate,
Harvard Business School
Commercial Real Estate
Certificate, Cornell University
Organizations/ Affiliations
US Green Building Council
Construction Management
Association of America
Experience
Yea~· Expenence: 7
Years with Anser: 2

ADVISORY

BENJAMIN TORRES, CMIT, LEED GA
CONSTRUCTION MANAGER Ill
Mr. Torres brings over seven years of construction management and supervision experience. He has a variety of construction trade knowledge ranging from estimating, field coordination/supervision, quality control, scheduling, material procurement, installation, and safety. He is committed to provide project management services with excellence and integrity.

RECENT PROJECT EXPERIENCE
City of long Beach Public Works Division, Recreation Park Playground, long Beach, CA I 2021 - 2022
Project consisted of the removal of the existing playground and import 700CY of soil to regrade site, install new play equipment, new rubber surfacing, 3 GFRC dinosaur installations, new hydration station, ADA access ramp and walkway from parking lot, new ADA parking stalls, new skateboarding area with grind rail and manual pad, new ADA picnic tables, new sidewalks, new landscape irrigation systems, new trees, seed and sod installations, and water cross-connection compliance. As Construction Manager, Mr. Torres was responsible for document control, payment, contract review, design coordination, cost dispute negotiations, and closeout. In addition, he was responsible for vendor and contractor coordination, material tracking, change management, schedule review, QC, progress payments, field dispute resolution, inspector compliance, site meetings, routine coordination between the City's Parks, Recreation, Street light, Technology & Innovation, Health, and Water Departments.

City of long Beach Public Works Division, Colorado Lagoon Playground, long Beach, CA I 2021-2022
Project consisted of the removal of the existing playground and regrade site, new playground equipment and rubber surfacing, new ADA walkway, new sidewalks, tiered bench seating, new ADA picnic tables, new landscape irrigation controller and equipment, new seed & turf installations, and coastal commission compliance. As Construction Manager, Mr. Torres was supported the training of a new City project manager with document control, payment, contract review, cross departmental coordination, cost dispute negotiations, design change review, and closeout process. In addition, he was responsible for vendor and contractor coordination, material tracking, schedule review, QC, change management, progress payments, field dispute resolution, inspector compliance, site meetings, routine coordination between the City's Parks, Recreation, Marine, Technology & Innovation, Public Transit, Health, and Water Departments.

City of long Beach Public Works Division, El Dorado Park West Artificial Turf Soccer Field, long Beach, CA I 2021
Project consisted of clearing and regrading of existing site, new artificial turf soccer field, new field goals and backstop netting, new perimeter railing, new artwork boulders, new ADA sidewalk approaches, new sidewalks, new below grade electrical lines, upgrades to electrical switchgear, new high pressure field cooling system, new landscape irrigation controller and equipment, new catch basins, new trees, seed and sod installations, new hydration station and water cross-connection compliance. As Construction Manager, Mr. Torres was responsible for coordination of multiple prime contracts, schedule review, QC, change order negotiations, progress payments, weekly meetings, field resolution, project documentation, regular communication with contractors and city inspector, coordination between City's Parks, Recreation, Health, and Water Departments.

Southern California Edison, 12kV Cap Bank 1 & 2 Relocation, San Bernardino, CA I 2020 Project consisted of emergency concrete repair work to remove all existing concrete footings and below grade material to install new foundations. Installed eight new concrete foundations for two capacitor banks, along with new perimeter fence enclosures. As Construction Site Rep, Mr. Torres was responsible for project scope verification and approval, daily communication with contractor to ensure project success, coordination with supporting SCE members and vendors, project document ANSERADVISORY.COM

BENJAMIN TORRES, CMIT, LEED GA
CONSTRUCTION MANAGER Ill ANSER~

ADVISORY
control, ensure project schedule and work was delivered as planned, change order management and project scheduling.

Southern California Edison, Chase & Databank SPCC Mitigations, Corona, CA I 2020 Project consisted of demo existing SPCC asphalt berms and installation of new SPCC asphalt berms per current SCE standards at both substation locations. As Construction Site Rep, Mr. Torres was responsible for project scope verification and approval, daily communication with contractor to ensure project success, coordination with supporting SCE members and vendors, project document control, ensure project schedule and work was delivered as planned and project scheduling.

Southern California Edison, Safari Greenfield, Irvine, CA I 2019-2020 Project consisted of a new 33kV low profile substation, 14' high block wall, below grade conduit banks & vaults. As Construction Site Rep, Mr. Torres was responsible for project scope verification and approval, daily communication with contractors to ensure project success, coordination with supporting subcontractors and vendors to work alongside prime contractors, ensure construction work could continue uninterrupted, and project scheduling.

Southern California Edison, Windhub 220kV Seismic Upgrade, Mojave, CA I 2019 Project consisted of seismic upgrade work was repeated within seven 220kV energized positions.

Scope included the installation of new CCVTs, steel, conduit runs & wiring, 12' deep concrete footings. As Construction Site Rep, Mr. Torres was responsible for project scope verification and approval, daily communication with contractor to ensure project success, coordination with supporting SCE members and vendors, project document control and ensure project schedule and work was delivered as planned.

GCC, 1811 Lefthand Circle Tenant Improvement, Longmont, CO I 2019 Project consisted of commercial tenant improvements to create a new warehouse space and new fire suppression system. Scope included public street excavations to connect to the existing city water main; street and parking lot trenching to extend new water line to the building; public traffic control plan; QC/QA of all roadway repair and new plumbing installation. The building improvement scope consisted of new warehouse loading ramp & door, restroom remodel, interior wall partitions, interior paint, exterior & interior security doors, and fire suppression system. As the Project Engineer, Mr. Torres worked closely with the Superintendent, and Project Manager to support subcontractor site management and reporting, QC/QA of subcontractor performance, material procurement, project scheduling, subcontractor bidding, review and selection, contract review, change management, project budget management, document control, system testing and closeout. In addition, routine coordination with the City and fire department for permitting and inspections.

The Learning Group, Toddler Room Remodel, Longmont, CO I 2019 Project consisted of new children's restroom, interior walls, new security door, interior painting, tile and carpet flooring, and concrete sidewalk. As the Project Engineer, Mr. Torres worked closely with the Project Manager to assist with bidding, subcontractor selection, contract writing, and budget management. In addition, routine subcontractor coordination, document control, Superintendent coordination, material procurement, schedule management, City inspection coordination, and closeout.

BREG, Broe Corporate Point Refresh, Colorado Springs, CO I 2019 Project consisted of commercial tenant improvements within the lobby and corridors for three floors.

Scope included tile and carpet flooring, interior paint, art wall murals, light fixtures, telecommunication wiring, coffee bar, and digital message board and digital display installation. As the Project Engineer, Mr. Torres worked closely with the Project Manager to assist with bidding, subcontractor selection, contract writing, and budget management. In addition, routine subcontractor coordination, document control, Superintendent coordination, material procurement, schedule management, City inspection coordination and closeout.

ANSERADVISORY.COM

ANSER~
Education
Bachelor of Science, Civil
Engineering, California State
University, Long Beach, 2015
licenses/Certifications
Certified Construction Manager
Engineer In-Training,
Fundamentals of Engineering
Computer Skills
Auto CAD Civil 3D, Bluebeam,
Corpscon 6, Highway Capacity
Software 2000, FlowMaster,
LibreOffice, MATLAB, SAP2000,
Solidworks, WaterCAD
Advanced experience in
Microsoft Office Applications
(Word, PowerPoint, Excel,
Access)
Project Scheduling - Primavera P6
Experience
Years Experience: 6
Years with Anser: 5
Work History
Anser Advisory, LLC, Construction
Manager, 5/ 2016 to Current
AKS Engineering, Civil Engineer,
Jan-April/2016
QC Waste & Recycling, Civil
Engineering Intern, May-Dec
2015
AECOM, Civil Engineering Intern,
2009
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ADVISORY
JOHN V. DUONG, CCM, EIT-FE

FIELD OFFICE ENGINEER/ DOCUMENT CONTROL
Mr. Duong has more than five years of engineering and construction management experience for various heavy civil infrastructure and building projects. He possesses the organizational and technical skills necessary to responsibly manage capital improvement projects of all types. He is knowledgeable in all aspects of contract administration and project controls. Typical responsibilities include preparing and processing daily reports, project correspondence, RFls, submittals, progress payments, change orders, meeting minutes and CPM schedules. Mr. Duong interacts well with clients and contractors to create and maintain a positive team attitude.

SELECT PROJECT EXPERIENCE
Heartwell Park and Stearns Park Irrigation Upgrades, City of Long Beach, Long Beach, CA I April 2019-Current
Mr. Duong is the Construction Manager for this project and is responsible for the day-to-day contract administration of the project. This $1.65M projects include major central irrigation system upgrades consisting of a new 6 inch mainline, 2" irrigation lateral lines, new water pumps, automatic valves, city-wide controller system and electrical system upgrades.

Mr. Duong is responsible for project coordination between City departments, consultants, and contractors, scheduling inspections with the City and contractors, and document control including contractor submittals, RFl's, change orders, payment applications, daily logs, inspection reports, meeting minutes and data entry.

Deforest Wetlands Restoration, City of Long Beach, Long Beach, CA I 2016-2017 Mr. Duong was the Office Engineer for this $5.2M park restoration project. Work included the construction of the ecological restoration within the Los Angeles County Flood Control District's detention and storage basin at the DeForest Nature Center and a portion of the former Dominguez Spreading Grounds. The work included 11,000 CY of unclassified excavation, re-grading low flow channels, construction of wetland and natural habitat areas, including step pools and water control weirs. Work also included installation of native trees and other native plantings, hydro-seeding, and installation of irrigation systems. Other improvements included decomposed granite and aggregate paths, fencing and interpretive signage.

Mr. Duong was responsible for project coordination between City departments, consultants, and contractors, scheduling inspections with the City, QA consultants and contractors, and document control including contractor submittals, RFl's, change orders, payment applications, daily logs, inspection reports, meeting minutes and data entry.

Mr. Duong was responsible for project coordination between County departments, consultants, and contractors, scheduling inspections with the County, QA consultants and contractors, and document control including contractor submittals, RFl's, change orders, payment applications, daily logs, inspection reports, meeting minutes and data entry.

Groundwater Protection System-Phase VIIIB-2 Soil Buttress and Composite Liner Construction, Frank R. Bowerman Landfill, OC Waste & Recycling, Irvine, CA I 2016-2018 Mr. Duong was the Assistant Construction Manager and office engineer for the $28.6M project consisting of 7.8M CY of unclassified excavation, unclassified fill, low permeability material processing and placement, construction of an 80-mil HOPE geosynthetic clay liner, construction of subdrain and leachate collection systems, and miscellaneous erosion control and civil improvements at the Frank R. Bowerman Landfill.

Mr. Duong was responsible for project coordination between County departments, consultants, and contractors, scheduling inspections with the County, QA consultants and contractors, and document ANSERADVISORY.COM

JOHN DUONG, EIT-FE
FIELD OFFICE ENGINEER/ DOCUMENT CONTROL ANSER~

ADVISORY
control including contractor submittals, RFl's, change orders, payment applications, daily logs, inspection reports, meeting minutes and data entry.

Run-Off Diversion Improvements, Frank R. Bowerman Landfill, QC Waste & Recycling, Irvine, CA I Jan 2021-Mar 2021
Mr. Duong was the Office Engineer and document control manager for this project which consisted of excavation, shaping and rough grading, drainage structures, and AC paving to construct diversion channels.

Mr. Duong was responsible for project coordination between County departments, consultants, and contractors, scheduling inspections with the County, QA consultants and contractors, and document control including contractor submittals, RFl's, change orders, payment applications, daily logs, inspection reports, meeting minutes and data entry.

Phase VIIIB-1 and VIIIB-2 Liner Repair, Frank R. Bowerman Landfill, OC Waste & Recycling, Irvine, CA I Dec 2020-Mar 2021
Mr. Duong was the Office Engineer and document control manager for this project which consisted of demolition of existing improvements, removal of damaged liner, and reconstruction of the geosynthetic composite liner system, leachate collection system, landfill gas system and protective cover soil.

Mr. Duong was responsible for project coordination between County departments, consultants, and contractors, scheduling inspections with the County, QA consultants and contractors, and document control including contractor submittals, RFl's, change orders, payment applications, daily logs, inspection reports, meeting minutes and data entry.

Silverado Fire-Emergency Gas Collection and Control System Repairs, Frank R. Bowerman Landfill, OC Waste & Recycling, Irvine, CA I Nov 2020-Mar 2021
Mr. Duong was the Office Engineer and document control manager for this project. The project included repairs to the gas collection and control system along with restoring/repairing burnt down infrastructure due to the Silverado Fire. Mr. Duong was responsible for project coordination between the County departments, consultants, and contractors, and document control including daily logs, meeting minutes and data entry.

Frank R. Bowerman Landfill, OC Waste & Recycling, Irvine, CA I 2015-2016 Mr. Duong, as civil engineering intern, served as office engineer for engineering control and management of landfill projects. His responsibilities included measuring and gathering GPS points for proposed projects, assigning elevations to contour lines, determining flow rates and determining surface volumes. He calculated, analyzed and maintained refuse tonnage and load data.

As a part of quality assurance and control, Mr. Duong monitored and collected groundwater sampling for compliance with the Regional Water Quality Control Board, including NPDES and SWPPP. He also participated in field surveys and construction inspections.

Diamond Bar Golf Course Project, San Gabriel Valley Council of Governments, Diamond Bar, CA I March 2021-Current
Mr. Duong is the Assistant Construction Manager and office engineer for this project. This project includes the construction of typical golf course features such as course reconfiguration, grading, domestic and fire water lines, storm drain improvements, maintenance facility, demolition, irrigation system replacement, and SCE utilities relocations. Temporary work consists of shoring, excavation support systems and traffic control features.

Mr. Duong is responsible for constructability reviews of project plans and specifications, document control including contractor submittals, and data entry.

ANSERADVISORY.COM

2677 . Main St., Suite 400, Santa Ana. 714.276.1 135 ANSER CA 92705

ADVISORY
Firm Profile
Anser Advisory Management, LLC dba Anser Advisory (Anser) is a national firm specializing in capital program advisory and consulting services, including strategy, funding, process, organization preparedness, as well as project, program, and agency construction management and controls.

Locally, our services cover the capital development cycle from pre-planning through construction and close-out across a wide range of end markets, including state/local government, recreational projects such as athletic facilities, golf courses, parks, pools etc., municipal infrastructure such as water/wastewater treatment and conveyance, transportation, energy facilities, infrastructure for electric cars and buses, K-12/higher education, cultural, housing, and corporate commercial.

Services Provided
Anser approaches project management and construction management (PMCM) with a unique style, directed towards extensive communication, efficiency, value engineering, and risk analysis, assessment, and mitigation early in the project. We focus on being proactive and extremely responsive to our clients. We combine an assertive attitude, practical field knowledge, and an indepth understanding of cost control and schedule adherence.

We provide a full range of management consulting, project and program controls, integrated planning, and project management services covering the entire development cycle. Our services include organizational readiness and process and systems assessments through the program definition/ planning phase, downstream to design, bid/award, and construction phase activities.

Our team brings more than 40 years in working with athletic and recreational facilities development, operational planning, and programming to meet the goals and objectives of our clients. Anser's experience working with diverse clients has provided our team specific insight into public and other recreational facility operations and stakeholders. Leveraging experience will enable seamless integration with your stakeholders and community and management of your contractor. We recognize the following specific concerns related to these types of projects:
• Tight schedules - academic and seasonal athletic calendars Safety - project on an active, occupied public facilities • Urban, dense project locations - complex logistics
• Multiple stakeholder coordination and input
• Community engagement and communication
• Support of athletic recruiting competitiveness
• Sustainability and longevity of facilities - maximizing lifecycle of equipment and materials Firm Experience
Anser is proud of our years of park and recreation related project experience, enhancing communities with new and renovated areas for play and relaxation. Below is a selection of our recent and/or current clients where we have provided PMCM, inspection, labor compliance and administration services.

City of Long Beach On-Call Construction Management Services Anser has been providing project and construction management services on numerous complex and high-profile City projects over the last 26 years. Our services include constructability review, assistance with initial planning and scoping, participation in planning review meetings, project bidding, pre-construction meetings and walks, review and approval of payments, RFls and change orders, document control, QA surveys, third party materials inspections, weekly/monthly reports, close out and as-built document review following the City of Long Beach standards.

Throughout our time providing services to the City, Anser has developed strong working relationships within multiple City departments such as Capital Projects, Parks Recreation and Marine, Public Works/Inspection Services, and the Health & Water Departments. Anser routinely coordinates with outside agencies, such as RWQCB, California Department of Fish and Wildlife, and the Coastal Commission, as well as major utilities such as SCE, Frontier, and Long Beach Gas.

Anser's inter-departmental communication is key in successfully delivering both project management and construction management services across a wide variety of projects. Our team proactively identifies relevant City departments to fully capture scope, code, and project specification requirements to successfully deliver projects. Some of our most recent City of Long Beach projects include:
• Stearns Park Irrigation Improvements
• Heartwell Park Irrigation Improvements
• Admiral Kidd Park Artificial Turf Field
• Colorado Lagoon Playground Improvements
El Dorado Park Artificial Turf Field
• Recreation Park Playground Improvements
• Seaside Way Park Artificial Turf Field
City of Long Beach, El Dorado Park Artificial Turf Soccer Field Project A project designed by HAI. Anser provided project
management and construction management services on
the new $1 .3M artificial turf soccer field in El Dorado Park. Project features included a new synthetic turf
soccer field using renewable infill material, field striping for one full length and two junior playing fields, field goals and backstop netting, field perimeter fencing and
decorative boulders, a high-pressure field cooling
system, ADA curb ramps and sidewalks, ADA hydration station, utility improvements, parking lot pedestrian striping and speed humps, water meter and backflow devices, irrigation controllers and lines, and tree and sod landscaping.

Our duties included management of multiple prime contractors, coordinating site inspection, construction schedule review and management, managing and administering the construction contract budget and progress payments, monitoring contractor labor compliance, management and review of all submittals, RFls, and change orders, weekly progress meetings with monthly project reports, performed irrigation cross-connection test, constructability review, project closeout management, regular coordination with City's Parks, Recreation, Water and Health departments, managing biologist's nesting bird survey inspection, and monitoring and protecting existing trees with arborist and the Parks Department.

City of Long Beach, Recreation Park Playground Project
A project designed by HAI. Anser recently provided
construction management services on the new $1 .3M
playground at Recreation Park. Project features included two new ADA dinosaur themed playgrounds for children
ages 2-5 and 5-12, rubber surfacing, 700 CY of soil
import to regrade site, a 75 ft. skateboard pad with
grinding features, benches, ADA picnic tables, ADA
parking stalls, ADA curb ramp and sidewalks, ADA
hydration station, relocate lighting, tree and sod
landscaping, and new irrigation valves and lines.

Our duties included managing the contractor's site work, managing and tracking material deliveries, contractor
schedule review and oversite, coordinating site inspections, contract management and review, review and approval of progress payments, monitoring contractor's labor compliance, management and review of all submittals, RFls, and change orders, weekly progress meetings, weekly and monthly reporting to City staff, supported site irrigation mapping with Parks Department, performed irrigation cross-connection test, managed independent playground inspection, project closeout management, and coordination with the City's Parks, Recreation, Water, Health, Technology & Innovation, and Street Light departments.

City of Long Beach, Colorado Lagoon Park Playground Improvements Project A project designed by HAI. Anser recently provided
construction management services on the new $SOOK
playground improvements at Colorado Lagoon Park.

Project features included new playground equipment for
children ages 5-12, rubber surfacing, concrete tiered
bench seating, ADA picnic tables, ADA ramp and
sidewalks, irrigation backflow, controller, valves and
lines, and sod landscaping . Our duties included
managing the contractor's site work, managing and
tracking material deliveries, contractor schedule review and oversite, coordinating site inspections, contract
management and review, review and approval of
progress payments, monitoring contractor's labor compliance, management and review of all submittals, RFls, and change orders, weekly progress meetings, weekly and monthly reporting to City staff, coordinated reclaimed water connections, managed playground inspection, project closeout management, Coastal Commission compliance management, and regular coordination with the City's Marine, Recreation, Water, Health, Technology & Innovation, and Street Light departments.

City of Long Beach, DeForest Wetlands Park Rehabilitation Construction Management Services
Anser managed the construction of the ecological
restoration within the Los Angeles County Flood Control District's detention and storage basin at the DeForest
Nature Center and a portion of the former Dominguez
Spreading Grounds. The work included modifying
earthwork, improving hydraulics re-grade low flow
channels, wetlands creation, control grade and habitat, including step pools and water control weirs, creating
ephemeral "Vernal" pools, including pond liners,
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installing sycamore and oak specimen trees and other native plantings, hydro-seeding, and installation of irrigation system. Other improvements included decomposed granite and aggregate paths, fencing and interpretive signage.

The DeForest Wetlands project opened 39 acres of land for public use, by converting large areas of overgrown vegetation with exotic species and other areas of completely denuded land devoid of habitat into a river parkway with freshwater wetlands, wildlife habitat, recreational trails, native plants, and interpretive signage, while retaining flood control and watershed management functions. Public uses include passive recreational activities, such as bird watching, walking, horseback riding, and educational tours and programs.

The project also provides water quality benefits. Approximately 800 to 1,000 acre-feet per year (AFY) of neighborhood surface water runoff is now filtered before being pumped into the Los Angeles River. In addition, 15 to 35 AFY increased stormwater filtration replaces municipal sources to contribute to local groundwater supplies.

The project is in the City of Long Beach's 8th and 9th City Council Districts. Funding was provided by a wide variety of sources, including Los Angeles County Proposition A, California Resources Agency, San Gabriel and the Lower Los Angeles Rivers and Mountain Conservancy. Size & Cost:
39 Acres; $4.8M
City of Murrieta, On-Call Project Management, Construction Management, Inspection and Labor Compliance
Anser provides project management, construction management, inspection and labor compliance services to a variety of projects throughout the city, providing the City with Project Managers, Construction Managers, Resident Inspectors and part-time Inspectors based on the project needs. Our services include managing project schedule and budgets, construction inspection, assistance with project close out and administrative assistance. Anser also coordinates work with the City, local utility companies and other stakeholders. A sample of park and recreation related projects includes:
• Town Square Park (amphitheater, monuments, playground equipment, walkways, landscaping, and irrigation)
• Murrieta Sports Park (bathrooms, ball fields, walkways, lighting, utilities, storm drains, landscaping, and irrigation)
• Sykes Ranch Park (windmill replica and historical ID markers/placards) • Torrey Pines Park (community center, restrooms, playground equipment, splash pad, walkways, lighting, landscaping and irrigation, ball fields and parking lot) • 2nd Avenue Park (parking lot and city park improvements) • 8-Street Station/Senior Center Outdoor Recreation Area (pickle ball, outdoor fitness equipment and picnic shelter area)
• Murrieta Community Center Improvements Project (tenant improvements included paint, tile, ADA elevator lift and aluminum ramp, refinishing the hardwood stage floor) • Murrieta Senior Center Improvements Project (tenant improvements included paint, carpet, tile, window coverings, bathroom fixtures, security system upgrades and new TPO roof system)

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City of Laguna Niguel, Various Project Management, Construction Management & Inspection Services
Anser provided construction management and inspection services for the City of Laguna Niguel on multiple projects including:
• Crown Valley Community Park: Tiers 1 ($SM) and Tier 2($10M) Tier 1 ($SM): Anser provided construction management and inspection services for this $5M Capital Improvement Project. The project work included grading, a new amphitheater stage, seating and lighting, large splash pad, new public restrooms, playground equipment, storm drain, sewer, sidewalk, and area lighting, electrical and communications upgrades, waterline, irrigation, and landscaping. Duties included managing the construction of this high-profile project, coordinating with adjacent YMCA community pool, Recreation Department, City Engineering and Landscape staff, Moulton Niguel Water District, utility agencies, coordinating with City materials testing company, designer, and surveyors, managing, and coordinating with third party vendors who are supplying specialty pre-purchased items and one-of-a-kind art pieces throughout the project. Our staff was also responsible for managing the Contractor, reviewing, and approving submittals, providing inspection, and coordinating with the city building inspectors, documenting the job with and photos. This project was completed on time to meet the city milestone completion for opening celebration for the 4th of July weekend.

Tier 2 ($10M): This $10M award winning project includes 250' double arch multi plate bridge and intersection improvements, spread footing with stone micro-piles, decorative railing and lighting, prefab detention basins, new parking lots, bio filters, stream bed improvements, path and trails, landscape and irrigation, recycled waterline and pump station and utility relocations. Scope of services included construction management, administration, schedule analysis, RFl's, CCO's and submittal review and processing, progress payments, weekly meeting, and monthly reports.

City of Rialto, Joe Sampson City Park Project
Anser provided construction management, inspection, and labor compliance services on a new $5.2M eight-acre community park. Project features included a new parking lot, prefabricated public restroom building, splash pad, playground equipment, shade structures and canopies, mass grading, roadway and utility improvements, pathway lighting, street lighting, storm water BMP placement and compliance, fencing, railing, basketball courts, soccer fields and community art projects. Duties included overseeing contractor's work product, managing site inspection, administration and materials testing staff, managing, and administering the construction contract budget, review of contractor schedule and progress, preparing daily, weekly and monthly reporting to update the City staff. Our Construction Manager oversaw the construction project progress and labor compliance, provided submittal reviews, responded to contractors RFls, RFCs, processed monthly progress payments and coordinated with local utilities, project designer and City Project Manager.

References

CITY OF LONG BEACH, PUBLIC WORKS, PROJECT MANAGEMENT BUREAU Marilyn Surakus, Bureau Manager, 562.570.5793, [email protected]

CITY OF LONG BEACH, PARKS, RECREATION & MARINE DEPARTMENT Nancy Villasenor, Park Planning & Partnerships Manager, 562.570.3165, [email protected]

CITY OF LONG BEACH, PARKS, RECREATION & MARINE DEPARTMENT Brent Dennis, Director of Parks, Recreation & Marine; 562.570.3170, [email protected]

CITY OF LONG BEACH, LONG BEACH AIRPORT
Stephan Lum, PE, Senior Civil Engineer, 562.570.2682, [email protected]

CITY OF LONG BEACH, PARKS, RECREATION & MARINE DEPARTMENT Meredith Reynolds, Special Deputy City Manager for Recovery, (former Park Planning and Partnerships Manager), 562.570.3165, [email protected]

CITY OF LONG BEACH
George Ker, Sr. Civil Engineer; (562) 570-6525; [email protected]

CITY OF LONG BEACH
Sean Crumby, City of Huntington Beach, Public Works Director, (formerly City of Long Beach), 714.37 4.5348, [email protected]

Pacific Land Consultants, Inc.
28441 Highridge Rd. #230
Rolling Hills Estates, CA 9027 4
31 0-544-8689
Chris Vassallo PLS
[email protected]
Field/Office Survey Services.

Pacific Land Consultants, Inc. has been in business for 26 years in the LA/OC area.

We provide survey services for construction staking, AL TA's, topographies, aerial layout, and state of the art GPS work.

We have two fully equipped crews with the latest technology, so we can be in contact with the office at all times. We have AutoCAD capabilities in the field, and with our PC phone cards can email information back and forth with the office.

Our employees have all been in surveying for many years, our two crew chiefs have over 30 years experience between them. They can evaluate boundary establishment, construction changes, and most questions that may arise in the field.

Our office staff is equipped with the latest Civil 30 AutoCAD, and is capable of producing a variety of finished products, such as topographic surveys, slope analysis surveys, ALT A surveys, construction drawings, showing points field crews set.

We have all the proper insurances needed to field a crew, including E&O, workman's comp, auto, and business liability.

Robert DePrat, P.E.
1853 Yorba Linda B1#235
Yorba Linda, Ca. 92886
714-7 49-3077
[email protected]
California (#60482)
Bachelor of Science, Civil Engineering, UC Irvine
M.B.A. UC Irvine
Professional Experience
Mr. DePrat has over 20 years of professional civil engineering experience serving clients throughout California in a wide range of public park and private development projects. Blue Peak Engineering has provided civil engineering services to HAI throughout its history including sports parks, roadway design and recreation facilities. Along with his depth of experience, Mr. DePrat's success attributes to his dedication to customer service and maintaining valuable working relationships among clients, contractors and jurisdictionally agencies.

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1 Peters Canyon #101
Irvine, Ca. 92606 IDS
949-38 7-8500, www.idsgi.com Electrical Engineers
IDS Electrical Engineers has extensive experience conducting electrical power consumptions studies and field investigations; reviewing plans, drawings and specifications of new construction projects for electrical code compliance and delivering post construction support; providing construction cost estimates for electrical wiring infrastructures and drafting concept studies and reports. Established in 1992, the company has provided professional electrical engineering services to public and private clients throughout California.

FIRM KEY PERSONNEL:

Michael Reed
Affiliations/Associations/Organizations
Illuminating Engineering Society, Orange County Section Certified Engineering Technologist
Professional Experience
Mr. Reed has over 30 years of Electrical Engineering experience in commercial, municipal lighting and utility infrastructure projects. His expertise encompasses conceptual planning through final design. Rob's background includes serving as the electrical project manager on multiple private and public agency projects. In this role, he collaborates with the in-house MEP team at IDS to deliver recommendations and deferred maintenance reports to his clients. He is also an industry expert in Title 24 Compliance, working with both clients and architects to educate them on the changes to the code. IDS Group has provided master planning and design services to HAI for over 10 years on a multitude of projects.

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G!CAP Sylvia Linn

SERVICES
Background Ms. Linn has extensive experience in labor compliance monitoring, analysis, audits and implementation of compliance-related processes for public sector agencies. She possesses an in-depth, practical knowledge of the regulatory environment, assessment of operational risks and developing risk mitigation procedures. Ms. Linn is well versed in the tools and resources to enhance monitoring efficiency and works extensively with the cutting-edge technology to streamline the process and reduce risk of error. Ms. Linn's current responsibilities with GCAP Services as the Director of Compliance Relations include payroll/wage determination analysis, and labor compliance monitoring and audits.

Education Master of Business Administration, 2007
University of Redlands
Juris Doctorate, 1999
Chapman University School of Law
Bachelor of Science, Business Administration, 1993
University of Phoenix
Employment History GCAP Services, Inc. - Labor Compliance Director 2005 - Present WBTB, LLC. - Business Development Officer 2004-2005
Law Offices of Lively & Associates - Legal Analyst 1999-2004 Data Processing Resources Corp -Technical Analyst 1991-2009 Relevant Experience
•!• Performed Labor Compliance monitoring project support for major southern California based transportation agencies. Responsible for overseeing and managing the labor compliance officer responsibilities for construction related contracts and providing oversight of the labor wage monitoring and labor compliance functions for consultant related contracts. Assisted in implementation of LCPTracker software.
•!• Supported major transportation authority with labor compliance monitoring using LCPTracker (webbased application) to review contractor and subcontractor compliance with prevailing wage, benefit, and apprentice requirements. Responsibilities included weekly payroll reviews, jobsite interviews, and status reporting. Monitoring duties also entailed ongoing communication with Authority (agency) and contractor/subcontractors.
•!• Responds to technical questions regarding prevailing wage requirements for SBCTA projects and monitors to ensure that certified payroll records are submitted by CM firms. She is responsible for conducting audits of payroll records and other related documents for inconsistencies, discrepancies or other issues to ensure compliance with the payment of prevailing wage rates. She monitors workforce utilization reports to verify trade and apprenticeship participation and developed SBCTA's Labor Compliance monitoring procedures.
•!• Researches and interprets laws, codes, and regulations affecting the enforcement of prevailing wage rates and advises clients of any changes to state prevailing wage requirements including apprenticeship requirements. Participates in pre-bid and pre-construction meetings to communicate to contractors and subcontractor prevailing wage requirements and obligations. l

•!• Developed Labor Compliance Procedures to provide help the transportation authorities with document tracking, field activities, certified payroll reviews, labor and overall requirements monitoring and enforcement across its three key construction projects. •!• Extensive experience monitoring and reporting on public works project subject to CDBG funding requirements. Comprehensive understanding of Section 3/HUD reports (HUD 5.7, HUD-2516, and HUD-60002) reporting requirements. Provided guidance to various City agencies in helping to complete reporting requirements.
•!• Support various availability and disparity studies in the areas of availability analysis, phone surveys, and in person interviews. Responsible for documenting interview findings and analyzing testimony from public hears held across the state.
•!• Perform audit of internal controls for federal and state grants management for major southland transportation authority. Disseminate findings, recommendations, and action plan to capitalize on strengths of current program and correct deficiencies and weaknesses. •!• Developed and maintained Title VI Program Plan for all project phases of Metro Gold Line Foothill Extension Construction Authority. Responsibilities included reviewing the existing program plan, researching regulatory updates and requirements, developing/documenting complaint and investigation procedures, providing instruction on completion of forms. •!• Developed, maintained, and revised policies and procedures for compliance programs, including labor compliance and federal compliance requirements with EXEO, ADA, and Title VI requirements.

Assisted with the day-to-day execution of compliance programs.

GICAP Kim Morales

SERVICES
Ms. Morales is a highly organized and detail-oriented analyst with a broad range of construction industry experience. She has a thorough understanding of labor compliance related rules and regulations. Kim has experience monitoring and ensuring proper wages are paid and apprentice ratios are accurate. Ms. Morales has worked with subcontractors and client auditors to resolve labor compliance related issues. Kim's responsibilities at GCAP include certified payroll review for major public works transportation projects, field interviews, and compliance reporting.

Education Santiago Canyon College Classes
OCEMS EMT Accreditation
EMT Certificate
Employment History GCAP Services, Inc. 2017 - Present
Senior Labor Compliance Analyst
Atkinsons Contractors, LLC. 2013-2017
Labor Compliance Specialist
LCS Constructors, Inc. 2012-2013
Administrative Assistant
Relevant Experience
•:• Perform weekly review of certified payroll reports. Perform monthly review of Training contributions and Fringe Benefits. Conduct Apprentice ratio monitoring and confirm Apprentice Certifications (Federal and State). Prepare and submit labor compliance review reports and perform periodic audits. Maintain all documents in "audit ready" format. •:• Verify compliance with California's Department of Industrial Relations (DIR) and Department of Labor (DOL) requirements. Review certified payroll and supporting documents (Fringe Benefit Statement, Apprentice forms, Training Contributions) to ensure compliance with federal and state funding requirements. Respond to public records requests. Conduct monthly jobsite interviews and overall field audits. Work with subcontractors to compel compliance of prevailing wage deficiencies. Prepare and submit labor compliance review reports and perform periodic audits. •!• Responsible for review, analysis, and organization of labor compliance related documents (jobsite interview reconciliation, certified payroll document management) for major public works transportation project. Including, report generation and status updates. •!• Monitor project apprentice ratios. Ensure correct fringe benefits are paid. Resolve all labor compliance related issues with subcontractors and client auditor. Monitor and ensure project workers are receiving the correct prevailing wage amount as determined by the DIR, Davis Bacon Act, and Labor Unions.
•!• Utilized LCPTracker on projects for multiple agencies to audit labor compliance submittals and compile information from the system's myriad reporting features •!• Prepared reports for CDBG funded projects. Extensive knowledge of reporting requirements, including: Section 3/HUD reports (HUD 5.7, HUD-2516, and HUD-60002). •!• Organize and maintain labor compliance related files. Ensure compliance with state and federal standards for document management.
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•!• Conduct and document field interviews and ensure job-site posters are displayed in the appropriate locations.
•!• Conduct and document Commercially Useful Function (CUF) interviews. •!• Provide administrative support for accounts payable and payroll departments. Developed procedures for clerical staff duties and IT for new employees and client. Manage all company contact information.
•!• Serve as point of contact for various large public works projects. •!• Responsible for records maintenance, administrative data entry, and managing the submission of timesheets by remote workers. Processed service reports for submission to clients, aggregated daily safety reports, and prepared weekly updates to the field employee schedule.

GICAP Ariana Fernandez

SERVICES
Background Ms. Fernandez is a highly organized and detail-oriented labor compliance specialist with three (3) years of experience performing certified payroll related audit work in the construction industry. She has a thorough understanding of the labor compliance rules and regulations and their applicability to projects and contractors. Ms. Fernandez has experience monitoring and ensuring that proper federal and state wages are paid and apprentice ratios are accurate. She understands the importance of communicating with contractors to achieve optimal compliance.

Education Bachelor of Arts, Communication Studies/Public Relations California State University, Fullerton
Associate of Arts, General Education
Orange Coast College
Employment History GCAP Services, Inc. Present
Audit Specialist
Atkinsons Construction, LLC 2018-2021
Project Business Manager
Sriwittayapaknam School 2016-2018
English Teacher
Wheeler's Speed Shop 2013-2016
Administrative Assistant
Relevant Experience
•!• Collect and review certified payroll reports, fringe benefits statements, DAS forms, payroll deductions, and other related documents from subcontractors. •!• Identify and resolve discrepancies related to payroll and certified payroll reports; facilitate proper reporting of prevailing wages, fringe benefits, apprentice utilization, and resolution of employee wage violations.
•!• Certify and submit payroll and other related documents. •!• Conduct weekly site visits and field interviews of prime and subcontractor employees. •!• Process weekly union payroll for 200 skilled craft employees including carpenters, cement masons, laborers, and operating engineers.
•:• Compile and submit extra work billing for prime and subcontractors. •:• Issue purchase orders and process invoices.
•!• Regularly attend Labor Compliance seminars to remain updated and compliant on current rules and regulations. Track changes and updates to state and federal labor compliance and prevailing wage regulations and standards.
•!• Manage accounts payable and accounts receivable, client billings, invoicing, and company expenses.

Complete bi-weekly payroll for all internal construction personnel. •!• Serve as the personal assistant to the company owner and perform various administrative duties such as answering inbound calls, scheduling appointments, and maintaining the calendar. •!• Maintain office front by organizing equipment inventory, implement filing system, maintain organization/fil ing requirements.
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GICAP Stephannie Gabaldon

SERVICES
Background
Education
Employment History
Relevant Experience
•!•
•!•
•!•
•!•
•!•
•!•
•!•
•!•
Ms. Gabaldon has over 10 years of experience as a regulatory requirements analyst, specializing in both public and private sector project support. She is an expert in identifying and resolving deficiencies in key requirements, analyzing requirements for proposed solutions, interviewing project stakeholders and personnel at all levels; preparing and maintaining all project related documentation (e.g., requirements, status reports, and recommendations to improve efficiency and compliance). Ms. Gabaldon is currently responsible for reviewing contractor and subcontractor certified payroll reports and supporting documents to identify overall compliance with state, federal, and local requirements; analyze, propose and document compliance related solutions.

Bachelor of Arts, Asian American Studies I Educational Studies Minor UC Irvine, Irvine, CA
GCAP Services, Inc. - Labor Compliance Analyst II 2018 -Present GCAP Services - Business Analyst 2008- 2010
Ingram Micro - Marketing Administrator 2006- 2007
Review certified payroll reports for major transportation projects to validate adherence to federal and state regulations. Reconcile jobsite interviews with certified payroll, confirm wage and classification information.

Evaluate apprentice information for compliance with federal and state certifications ratios and wage rates. Ensure that apprentices are appropriately supervised by journeymen with same craft.

Conduct labor compliance jobsite interviews utilizing the required interview forms and adhering to jobsite safety protocols. Ensure job-site posters are displayed in the appropriate locations.

Worked on Policy and Procedures/ Training and Documentation team for two largescale County of Orange ERP implementations: a) Human Resources and Payroll Management; and b) General Accounting, and Finance.

Help to facilitate county-wide requirements gathering sessions to identify discrepancies and inconsistencies between current financial and human resource related procedures, and recommended protocols. Compare results to regulatory and system requirements. Document results and collaborate with project stakeholders and department heads to establish viable solutions, reporting deliverables and resources.

Perform requirements gathering and developing functional requirements documentation. Created business process maps and developed proposed solution documents for overall implementation effort.

Documented existing technology, legacy systems, and issue tracking.

Administered post-implementation end-users support and training.

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Work Plan

Letter of Introduction
The project proposes to renovate and modernize Sterns Park to include the site features as shown on the Conceptual Site Plan and request for proposal. The site is currently 0.38 acres and bordered by Maple St. and Farquhar Ave on the west and south, residential uses to the north and east. Stems Park will be a complete renovation and the first project the City has undertaken in quite some time. We understand that it is of upmost importance for this project to demonstrate to the community integrated involvement between the stakeholders, City staff and the project design and management team. HAI and team will provide efficient and inspired design solutions from input received.

Work Plan
Basic Services. Perform all the necessary professional landscape architectural and engineering services in a timely and professional manner consistent with the standards of the profession.

Project Management. Provide overall project management, project scheduling and consult with all parties and team members throughout the entire length of the project. Meet with City Staff, and others as directed to establish communications and formulate working relationships.

City Provided Information. The City shall provide all existing documentation it has on file for the project that may include existing utility locations and depths, survey/boundary information, copies of easement documentation, list of agencies having jurisdiction over the project, and the contact person for the agency, street improvement plans and storm drain plans. HAI, Hirsch & Associates, Inc will make a good-faith effort to verify the accuracy of such information and utilize it in the preparation of the final working drawings and specifications.

Communication. Participate in consultations and conferences with City Staff and other agencies having jurisdiction over the Project that may be necessary for the completion of the Project. Such consultations and conferences shall continue throughout the project duration. Communication will include a combination of email, telephone and in person meetings at City Hall and/or project site.

Project Feasibility. Provide advice and assistance in determining the feasibility of the Project, analyze the type and quality of materials and construction methods to be selected, and other initial planning matters.

Budget. Use our best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution to maintain the City's stated budget.

Methodology/Project Controls
HAI has served as Lead Consultant over the past 44 years on park projects throughout California, Arizona and Nevada. Every project that we undertake includes monitoring and management of our Consulting Fee, Construction Budget and Schedule. HAI provides a monthly invoice to our clients for our completed work. The progress billing contains previous months billing as well as total contract value and associated completion percentage. The progress billing provides a comprehensive account of where our progress is related to the total value of the contract.

Big League Dreams, Jurupa Morgan Park Field, Perris Mother's Beach Play, Long Beach

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Quality Control/Quality Assurance
HAI has developed a design quality process for the presentation of deliverables that is consistent and replicable for each deliverable document. Each formal submittal prepared by HAI and team members shall be;
• Reviewed by independent technical staff of the discipline involved. • Reviewed for coordination and possible interferences by design staff of other disciplines involved.
• Checked by Project Manager for design certification and/or certifies comments for revisions. • Certified that all comments have been incorporated, checked and back checked in accordance
• Drawings stamped for internal audit as reviewed, checked and back checked. Once all three quality control checks have been completed, documents are ready for delivery.

Check and Certification of reviewed drawings is undertaken by State Licensed Landscape Architects and Engineers.

Scope of Work
Task 1 - Administration
• This task includes the project management services including the requirements for meeting documentation, project schedules, progress reports, invoicing, and administration of Consultant work.
• A kickoff meeting shall be scheduled within the Task Order/Notice to proceed to review Project objectives and requirements, receive initial information from City/Utilities, establish the communication plan and protocols, baseline delivery schedule, and address other issues as necessary to ensure successful Project initiation.

Deliverables: Project Schedule, Progress Reports, Meeting Notes and invoices.

Scope of Work - Site Design
Task 2 -Schematic Design
• Review existing data, such as as-builts, pertaining to the Project • Survey
We are proposing to conduct a Topographic Survey of the subject Park property to record existing conditions of the surface and all existing improvements thereon such as curbs & gutters, sidewalks, walkways and ramps, fences and walls, drainage inlets, visible above ground utility installations, trees, etc. The Survey will be oriented horizontally to the centerline of one of the adjacent streets, and vertically to a published City of Los Alamitos or County benchmark. A boundary survey will be included to establish the property line of the project from City provided data.

When we have completed the necessary field work, we will generate a Topographic Survey Basemap of the surveyed area. The Basemap will be labeled to identify features surveyed and will include the existing surface depicted by 1-foot contours and spot elevations throughout the surveyed area. Once completed, the Basemap will be provided to the City as an AutoCADcompatible digital file.

Rotary Park, Long Beach Barnes Park, Baldwin Park Plaza Park, Fullerton L

• Photo document existing conditions
• Conduct Site Analysis to identify opportunities and constraints of the project site. Review survey and field condition.
• Obtain and review utility information within the public right of way and park site. • Develop provisions to accommodate existing and new utility facilities (e.g., maintained in place, removed, adjusted, abandoned, or installed).
• Effectively identify utility locations and resolve conflicts on proposed plans to keep the project on schedule.
• Prepare and conduct Geotechnical testing and Report including Infiltration findings. • Provide photometric analysis of walkways receiving new lighting. • Prepare Design Development plans utilizing the formal survey as the base sheet. The design shall be predicted upon the preliminary Conceptual Plan included with the request for proposal. Verify the preliminary plan horizontal and vertical control is achievable.

Provide design alternates as needed to site the proposed required amenities is relationship with existing grades and ADA accessible code requirements. • Prepare a preliminary construction cost estimate. Set budgets for proposed amenities. • Obtain (3) different quotes/proposals of differing manufacturers for the Shade Shelter, Play Structures, Exercise equipment and other site amenities. Prepare materials exhibit and costs estimates for such for review and selection by City. • Meet with City Staff to review design concepts and estimate. Revise as needed based on input received.
• Provide design boards of revised Design Development Drawings to City Staff for review and comment.
• Conduct a community meeting to introduce the project to Stakeholders, obtain input on the conceptual design and proposed materials. Revise design per direction received.

Deliverables: Preliminary Design Development Drawings and estimates (AutoCAD version compatible with City and PDF). Amenities exhibit featuring photos of proposed materials(.

Site Survey (AutoCAD version compatible with City and PDF). Preliminary Grading Plan (AutoCAD version compatible with City and PDF). Meeting Minutes and Supporting Documentation.

Scope of Work - Site Design
Task 3 - Construction Documents
Includes monthly status meetings, reports of work, schedule updates and meeting minutes of all communication and action items.

HAI is responsible for developing and assembling Contract Construction Bid Documents ("Bid Documents") for advertisement and bidding the Project for construction. The Bid Documents shall in include all necessary civil, site and site structural, construction and Landscaping/irrigation to be constructed, Construction Plans and supporting documentation for a complete biddable set. Furthermore, HAI shall provide Technical Specifications and Cost Estimates associated with the design plans. All Bid Documents shall be prepared and stamped by a CA licensed Landscape Architect and Professional Engineer with the appropriate license per each discipline of work. The design shall
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lzzay Park Playground, Burbank Mackay Park, Cypress Fairmont Park, Riverside

comply with all latest applicable codes, guidelines, and standards. Plans to be drawn at 1 "=20' and include the following:
• Title/Index Sheet
• Demolition/Protection Plan
• Tree Protection Plan
• Site/Grading and Drainage Plan
• Erosion Control Plan
• Construction Plans and Details, notes (includes Prefabricated Shade Structure) • Horizontal control plans
• On Site Wet Utility Plan
• Landscape Plans, Details and notes
• Irrigation Plans, Details and notes
• Site Lighting Plan and photometric scale.
• Site Structural details, calculations and notes (light pole footings, shade shelter footings shall be provided by manufacturer)
• Technical Specifications - City shall prepare the boiler plate specifications • Probable Construction Cost Estimates with back-up/support information on quantities and unit prices.

Note: The permit plans shall include material specifications for the shade structure. The actual design and engineering drawings for the structure will be provided by the manufacturer to the contractor and submitted for building permits while the project is under construction. The manufacturers provide the structural drawings after an order and deposit has been placed. The plans will require the contractor to provide and install.

IP§ Electrical Engineering
Assumptions:

1. A new electrical service will need to be coordinated with SCE.

2. No data or communication utilities or subsystems are required.

3. Existing as-built plans for the park site will be provided.

Scope of Seryjces
• Attending one online project coordination meeting.
• Visit the job site with City staff to observe existing conditions and locate a new meter pedestal related to the project and our scope of work.
• Coordinate with LandscapeArchitectfor all electrical design requirements. • Coordinate with the design team and their consultants, equipment vendors, and all other engineering disciplines as required.
• Coordinate with SCE for point of power service to a new outdoor meter pedestal. • Coordination with the City for all required SCE forms and provide forms and preliminary plans to SCE.
• Coordination with SCE to provide new electrical service to new customer-owned outdoor meter pedestal cabinet and back feed existing restroom building. • Design Development Plans and Supplemental Items to indicate:
• Probable new utility service location.
• Preliminary site photometric plan of new lighting.
• Proposed electrical equipment locations and identification. • Preliminary probable electrical construction cost estimate. • Proposed electrical specification table of contents. l

• Working Drawings and Supplemental Items at 60%, 90%, and 100% indicating:
• Location of the new meter pedestal and connection requirements from the SCE point of service . . Irrigation controller( s) electrical connection .
• Site lighting and power connections .
. Exterior lighting controls .
• Site photometric plan of new lighting .
. Structural details and calculations for one lighting pole type . . Electrical circuiting, details, notes, load calculations, fault-current, short circuit, voltage drop, etc . • Compliance with the local Building Dept. plan check . • Probable Electrical Construction Cost Estimates at DD, 60%, 90%, and 100% design . . Electrical specifications .

Construction Support •
• Provide construction phase services as follows:
• Review shop drawing submittals.

Respond to Requests for Information (RFl's) and submit revised drawings if necessary.

Attend one site visit and provide a punch list report. Additional site visits during construction will be provided on a time and materials basis.

Provide as-built plans from the contractor's provided data.

The Plan format, standard construction notes, and sheet borders shall be commensurate with City standards.

Deliverables:
• 60%, 90% Full Set Construction Set Drawings(AutoCAD version compatible with City and PDF)
• 60%, 90% Contract Technical Specifications (Word and PDF) • 60%, 90% Engineers Estimate (Excel and PDF)
• Supporting Design Documentation/Calculations (Word, Excel, and PDF) All applicable plans, technical specifications and construction cost estimates shall conform to City templates. All submittals shall be thoroughly checked as part of the Consultants QA/QC program, inclusive of any independent plan check process. All redlines shall be attached to each re-submittal with a summary matrix of comments, edits, and responses provided noting where the revisions have been incorporated into the specific deliverable as necessary.

Barnes Park Exercise Zone, Baldwin Park Margie Rice Park, Westminster

FINAL DESIGN DELIVERABLE FORMAT
From Plan Check Review Comments
Final Bid Package Submittal (100% PS&E):
• Full Construction Bid Ready Plans (1 PDF file for City duplication and printing and Autocad files) • Specifications (PDF and DOC file formats)
• Project Cost Estimate (Excel file, and PDF)
• All Supporting Documents(PDF and/or DOC)
Task 4- Bidding
• HAI team shall be available throughout the advertisement and bidding period to provide technical assistance to the City. This requires assistance with bidder's inquiries, preparation of addenda, and attendance at the pre-bid field meeting. Bidding procedures shall be the responsibility of the City
Deliverables: pre-bid meeting notes, comments on requests for information, plan/specification revisions, addendums to bid.

Task 5 - Construction Support - Hirsch & Associates, Inc. shall provide the scope/services as outlined below. Answer Advisory will provide Project and Construction Management services per our proposal and scope.
• Prepare the Pre-Construction meeting agenda for the City's review. The following items will be reviewed at the Pre-Construction meeting:
-Plans, Specifications and Inspection Process
-Submittals and the approval process
-City and State Funds
-Geotechnical Materials Testing and Materials acceptance/approval process -Impacted Utilities, Coordination with the City, Departments, and other impacted agencies -Coordination with schools, residents, businesses and similar entities -Public Notices, construction schedule, and traffic control (if needed) -Encroachment Permits, if any
-Agreed communication
-Weekly Statement of Working Day Reports, contract time and progress meetings -Contract Change Order (CCO) process
-Final project walkthrough, punch list items, preparation of as-built drawings and project acceptance
• Conduct preconstruction meeting with City and Contractor. Prepare meeting minutes and distribute to all parties.
• Review contractor payment requests and provide City opinion of work completed. • Coordinate with City project manager, city staff and .inspector as necessary during construction. • Review contractor prepared construction schedule and verify adherence during the life of the project.
• Update schedule and progress verification as field operations continue and change original schedule.
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• Review and approve product submittals and shop drawings in accordance with construction documents.
• Attend on-site project meetings to review work of the contractor. Prepare written reports of meetings for distribution to all parties. Meeting shall occur a minimum of 1 per week. Document what work is taking place and compare to project schedule. Photo document and include in project log of meetings and minutes.
• Coordinate with all parties by telephone, fax and e-mail as necessary. • Contract Change Orders (CCOs) may be requested by the City, Contractor or design engineer.

When a proposed change is requested, HAI will determine the need for the change, check for conformance to standards, consider other remedies, method of compensation, impact on contract time, estimate of cost, and the likelihood of final approval. • If HAI finds the proposed change is reasonable, a proposed change order file will be established.

Documents prepared by HAI regarding the Change Order will be given to the Contractor for pricing.

HAI will review and evaluate the Contractor's CCO proposal. Based on the review, HAI will provide a recommendation to the City.
• Observe and approve all soil preparation material, planting methods, and finish grading prior to planting. Visit local Nursery and tag plant material for project (3 Nurseries) • Observe the inspection of the installation of all landscape and irrigation equipment. • Respond to contractor's Request for Information (RFl's) and other questions during project construction.
• Conduct substantial completion review and Contractor and prepare punch list. Review and approve punch list items upon their completion.
• Conduct final project review upon completion of 30-day plant establishment and 60-day landscape maintenance periods, and issue letter of acceptance to City. • Review and approve all contractor supplied closeout items, manuals and charts for irrigation system, lighting and building as specified in the contract specifications. • Record Drawing Plan Preparation: Update the most current set of approved drawings to incorporate record field modifications provided but the contractor and as noted during the final walk of the site.

We will provide the appropriate record drawing documentation as required by the local Agency.

Deliverables: meeting notes, comments on requests for information, plan/specification revisions, punch lists and items of correction
Scope of Work-Construction Management
Anser Advisory has reviewed the project scope for the purposes of this cost breakdown as provided per RFP 2022-02 Sterns Park Improvement Project dated September 19, 2022. We understand the project scope will include demo of existing site structures, hardscapes, and landscaping to prepare site for site improvements to include new playground and fitness equipment, rubber surfacing, shade structures, ADA site improvements, site lighting and electrical improvements, landscaping, and irrigation improvements, and exiting tree preservation.

Anser understands that construction management, inspection services and labor compliance oversite will be required. The following proposal and fee summary identifies Anser's Project Management, Construction Management, Construction Inspection, and Labor Compliance oversite throughout the preconstruction, construction, and post construction phases of this project. We anticipate a 5-month project duration will be needed to provide these services.

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Construction Inspection
Anser will provide construction inspection services to provide the following services throughout this project: QA, special inspection and testing services for concrete, rebar, structural footing, soil compaction, and other items as based on project's final design specifications. Anser will manage oversite of the inspection services and coordinate findings with City, Designer, and Contractor as needed. Anser also understands that geotechnical surveys, testing, and inspection services will be provided by Hirsch & Associates for this project. The fee summary below identifies the proposed fee for construction inspection services to be provided over the expected 5-month project duration.

Labor Compliance Oversite
Anser recognizes that Hirsch & Associates/GCAP will provide labor compliance services to monitor and enforce prevailing wage project requirements throughout this project. Anser will review monthly labor compliance reports and coordinate with the Contractor the submission of any outstanding documentation throughout this project. Anser will also coordinate Contractor's payment and retention based on the status of their labor documentation. Anser's labor compliance support services have been included in our proposed Construction Management fee summary below over the expected 5-month project duration.

Project Document Control - VPO
Anser understands that project document control management software will be required throughout this project. Anser's staff will use a virtual project office (VPO) platform for all project document control needs throughout the life of this project. Training will be provided to all external users of the project team as needed. A fee of $1 ,500 per month for use of VPO is reflected in the fee summary below over the expected project duration of 5 months.

Project Management & Construction Management
Anser staff will work with the City staff, Contractor, and Designer to coordinate project activities. The following items break out the preconstruction phase activities to be performed by Anser:

1. Review final plans and specs, and all other contract and construction documents

2. Assist City with public awareness and local stakeholder coordination as needed

3. Manage contractor public construction notices and information signage

4. Review site and surrounding area to identify potential construction issues

5. Monitor Contractor conforms to all City standards and construction practices

6. Review Contractor's contract documents to identify any omitted or conflicting details

7. Review, manage, and process all submittals, RFls, change orders and other documents

8. Monitor Contractor's construction schedule for any deviations with actions to mitigate

9. Project document control and tracking using VPO (Virtual Project Office) software

10. Participate and conduct preconstruction meetings with minutes supplied 11 . Coordinate site walk meetings with City, Designer, Contractor, and consultants

12. Prepare and present preconstruction project conflicts and concerns

13. Answering questions prior to start of work

14. Site management to resolve Contractor issues as needed to mitigate claims as able

15. Negotiate and prepare change orders with cost estimates to support City as needed

16. Document Contractor discussions and data to be logged to support potential disputes

17. Provide City with quality, time and cost analyses for negotiations of contract changes

18. Monitor and enforce Contractor site safety & SWPPP protocols

19. Coordinate and manage all construction inspection and specialty testing related work

20. Monitor and coordinate design, surveying, testing, utility work and other agencies 21 . Coordinate work between Contractor and public/private utilities or other agencies

22. Prepare weekly & monthly project summary reports with photo documentation

23. Coordinate and lead weekly construction progress meetings with minutes provided

24. Coordinate specialty site meetings with project team and consultants

25. Change order review, negotiation, and coordination with City PM

26. Coordinate and process progress payments with City PM l

27. Coordinate final punch walk & final acceptance

28. Review as-builts for accuracy and completeness

29. Prepare NOC to City upon final acceptance

30. Labor compliance oversight and Contractor coordination of documentation

31. Report monthly status of Contractor's labor compliance status with City

32. Closeout documentation and retention payment processing

33. Prepare and present all project closeout documents and supplies to City Construction & Close-Out Exclusions
Below are excluded services which may be required during the construction and close-out phases. Some of these items may be performed by the City staff. • Community Relations / Public Outreach
Monthly construction progress reports
• Manage or scheduling of independent playground inspection • Material sampling or Special inspection/testing
• QA Arborist or Biologist monitoring
• QA Survey or Geotechnical monitoring
• QA Inspection

SCOPE QUALIFICATIONS AND ASSUMPTIONS
Team services are limited to those expressly set forth in the scope. We will provide the scope of services consistent with, and limited to, the standard of care applicable to such services. Any participation in non-adversarial procedures, or other right to repair items, is considered as additional services. For the scope of work identified, we have assumed the following:
l) Basis of Design and Site Information
• Title Report: The owner is to provide a current title report for the property. This will allow and existing easements to be identified, if any.
• Existing Utilities Locations: Unless otherwise indicated or provided by others, any existing utilities identified on our team drawings/plans are based on information provided by the City and may not be accurately documented in their horizontal location or vertical profile. Other utilities may be present that were not disclosed.
• Existing Utility Capacities: Unless otherwise addressed, existing utilities have adequate capacity to serve the proposed improvements, that they are adjacent to the site frontage and do not require main extensions, and that utility system capacity studies are not required. • Revised Site Plan: At the completion of the Schematic Design phase, the site plan is final and only minor alterations will be made. Any significant changes from the City may necessitate additional fees.
2JAssumptions
• Off-Site Improvements: Off-site improvements are not included and limited to those described in the scope of work. If additional off-site improvements are subsequently required during the planning, entitlement process, or permitting process, we will notify the City of the change in scope and provide an additional service request to cover the new improvements. • QSP Services: We have assumed that the contractor will provide Storm Water Inspection QSP services during construction, for the project including implementation, Annual Reports, and Notice of Termination (NOT), for the SWPPP document.
• Traffic Control Plan and Construction Haul Route Plan: These will be prepared and coordinated by the Contractor.
• The City will pay all costs for plan check and permits with all jurisdictional agencies. • The City will pay all costs for printing and shipping.