WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT —CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization
All persons or organizations that are party to a
contract that requires you to obtain this
agreement, provided you executed the contract
before a loss
Job Description
Job performed for any person or organization that you
have agreed with in a written contract to provide this
agreement.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03-14-2023 Policy No. PSW0001346
Insured David Volz Design Landscape Architects, Insurance Company RLI Insurance Company Inc.
Endorsement No. 1
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
MOORE IACOFANO GOLTSMAN, INC. (MIG)
THIS AGREEMENT is made and entered into this 21ST day of November, 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Moore lacofano Goltsman, Inc (MIG), a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide on -call landscape architecture and design services as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have 2 Rev. 08/2017
access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A." Consultant's total compensation shall not exceed Three Hundred Fifty Thousand Dollars ($ 350,000.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A." The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time 3 Rev. 08/2017
extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of three years, ending on November 21, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. One (1) two-year extension is available on Consultant performance and at the discretion of the City. Approval of the term extension is contingent upon City Council review and approval at the conclusion of the initial three-year term.s
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including 4 Rev. 08/2017
the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. 5 Rev. 08/2017
Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.
The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.
If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c)
Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
6 Rev. 08/2017
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Acreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be 7 Rev. 08/2017
changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
Moore lacofano Goltsman, Inc
(MIG)
109 W. Union Avenue
Fullerton, CA 92832
Tel: 714-871-3638
Attn: Christopher Beynon
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8132
Attn: Chris Tanio
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness, or willful misconduct by the Consultant, its employees, 8 Rev. 08/2017
and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 9 Rev. 08/2017
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
10 Rev. 08/2017
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Richts. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith 11 Rev. 08/2017
negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
Date:
Damien R. Arrula, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
CONSULTANT — Moore Iacofano Goltsman, Inc. (MIG)
Signature
Christopher Beynon
Christopher Beynon, Vice President
94-3116998
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
12 11/14/2023
Date:
Date:
Rev. 08/2017
APPROVED AS TO INSURANCE:
Date:
Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:
Otris tWiUO
Chris Tanio, Deputy Director/City Engineer
DEPARTMENTAL APPROVAL:
Lisfsf
Luis Estevez, Deputy City Administrator
13 Date:
11/14/2023
11/14/2023
Date:
Rev. 08/2017
EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
14 Rev. 08/2017
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 Rev. 08/2017
A. Letter of Transmittal
LI
109 W. Union Avenue
Fullerton, CA 92832
(714) 871-3638
www.miccom.com
CALIFORNIA
BERKELEY, FULLERTON,
LOS ANGELES, PASADENA,
RIVERSIDE, SACRAMENTO,
SAN DIEGO, SAN JOSE,
AND SONOMA
COLORADO
DENVER
NEW YORK
BROOKLYN
OREGON
PORTLAND
TEXAS
SAN ANTONIO
WASHINGTON
SEATTLE
October 19, 2023
City of Placentia
Attn: Chris Tanio, PE
Deputy Director/City Engineer
401 E. Chapman Avenue
Placentia, CA 92870
RE: Statement of Qualifications for On -Call Landscape Architecture and Design Services Dear Chris Tanio and Members of the Selection Committee:
Moore lacofano Goltsman, Inc. (MIG) is pleased to submit our proposal to provide landscape architecture and design services for our neighbor, the City of Placentia. Our Fullerton office is within minutes of your City Hall and will provide prompt and timely communication throughout the design and construction process.
Our firmwide staff includes licensed landscape architects, park and recreation planners, urban planners, public facilitators and community outreach experts, LEED Accredited Professionals, ADA compliance experts, NRPA-certified playground safety inspectors, and irrigation designers. Our team of proven subconsultant experts for this project includes BKF Engineers for surveying and civil engineering services, Budlong for electrical engineering design, and Converse Consultants for geotechnical testing and recommendations. The MIG Team is prepared to dedicate its resources to Placentia and respond quickly and professionally. We will be an extension of your staff in design and construction support.
We understand and appreciate the high -value parks, recreation facilities, streetscapes, and open space hold in your community, which is reflected in your CIP budget forecast.
We believe great places represent the community's culture, history, geography, and aspirations. MIG's 41 years of experience providing park planning and landscape design services has given us a complete understanding of public works procedures, maintenance and operations guidelines, governmental codes and regulations, and the submittal, review, approval, and permitting process. With over $2 billion worth of public facilities, designed and in the ground, MIG can assure Placentia of proven, buildable solutions.
We will dedicate staff and resources to responding to your requests and needs thoroughly and quickly.
Community outreach is a core strength of MIG, and we see this involvement, combined with City staff knowledge and experience, paramount to the success of the landscape and park enhancements you envision in your General Plan. We have provided on -call landscape architecture services for many cities as they reassess facilities and upgrade public landscapes that are worn out from use or have reached their lifespan. Safety, durability, and ongoing maintenance are critical considerations throughout our design process. We envision landscape renovation projects seamlessly fitting into the existing neighborhood, street corridor, or park context.
City of Placentia I On -Call Landscape Architecture and Design Services RFQ 1
Hallmarks of Our Design Services
Proven ability to maximize staff and community input in the planning and design process.
Proven ability to respond to critical schedules and budget requirements.
Demonstrated success in the design of healthy and safe outdoor environments.
Refined and tested QA/QC control measures developed over 41 years.
Deliberate resource conservation and sustainable solutions.
Recognized design excellence in the profession with over 200 project awards.
The MIG Team is best qualified for your on -call landscape architecture needs. We have provided successful on -call services for Yorba Linda, Anaheim, and Placentia's other neighboring cities. The depth of our professional staff, breadth of landscape design experience, and close proximity are significant assets we offer to Placentia.
MIG acknowledges the three addenda that were released prior to the submittal due date. Also, we have reviewed and agree to the legal provisions contained in the consultant agreement. MIG declares that we do not have a conflict of interest with anyone associated with the City of Placentia. Oscar Johnson, Senior Landscape Architect, will be the project manager and day-to-day contact with City staff. The person authorized to bind the firm contractually is Christopher Beynon, Vice President and Chief Development Officer. Please contact Steve Lang, Principal, at (714) 871-3638 ext. 4040 or by cell (listed below) if you have any questions about our qualifications or require more information during the selection process. Steve can also be reached via email at [email protected].
Sincerely,
)tG.-- 911 CLPert,,
Steve Lang, ASLA, CPRS,
Landscape Architect #1771 CA
109 W. Union Ave.
Fullerton, CA 92832
(714) 600-0817 (cell)
B. Table of Contents
A. Letter of Transmittal
B. Table of Contents
C. Summary Sheet
D. Allocation of Resources
E. Understanding of Scope of Work
F. References
G. Certification of Proposals
Christopher Beynon, AICP
Vice President and Chief Development Officer
800 Hearst Ave.
Berkeley, CA 94710
(510) 845-7549
1 2
3 7
9 12
15 2 City of Placentia I On -Call Landscape Architecture and Design Services RFQ
C. Summary Sheet
APPENDIX B
SUMMARY SHEET
Firm Name: Moore lacofano Goltsman, Incorporated (MIG, Inc.) Firm Parent or Ownership: Not applicable
Firm Address: 109 W. Union Avenue
Fullerton, CA 92832
Firm Telephone Number: (714) 871-3638
Firm Fax Number:
(714) 871-1188
Number of years in existence: 41
Management Contact (person responsible for direct contact with the City of Placentia and services required for this Request for Proposal):
Name: Steve Lang, ASLA, CPRS, PLA
Telephone Number: (714) 600-0817
Email: stevelamigcom.com
Title: Principal
Fax: (714) 871-1188
Project Manager (Person responsible for day-to-day servicing of the account):
Name: Oscar Johnson, PLA Title: Project Manager
Telephone Number: (714) 343-0709
Email: [email protected]
Fax: (714) 871-1188
Types of services provided by the firm:
Landscape design; construction documents and administration; park planning and design; public realm design; sports/athletic fields; entry and parking areas; event and performance areas; accessibility/universal design; sustainability/low-impact design; native planting; signage; children's play environment; seating and picnic areas; and community outreach.
City of Placentia I On -Call Landscape Architecture and Design Services RFQ 3
Firm and Team Experience
ABOUT MIG, INC.
MIG, Inc. improves, adapts, and creates organizations,
environments, and tools for human development. We are
a community of designers, planners, engineers, scientists, and storytellers who engage people in creative problem - solving and collective action. We believe the physical and social environment around us has a profound impact on
our lives, and this belief shapes the principles that guide our work:
Communities can plan their own future.
The world needs an ecological perspective.
Great projects work for everyone.
Elegant design inspires new thinking.
Every project presents an opportunity to advance
racial and social equity.
All work must be context -driven.
MIG is at the forefront of innovation. We are leading local, regional, and national planning and design initiatives to ensure accessibility and equity; engage, educate, and
empower people through participatory processes; facilitate strategy development for social change; create playful and inclusive communities; reimagine streets and repurpose
infrastructure; revitalize cities and restore ecosystems; and promote environmental stewardship by recognizing that the health of the natural and built world is mutually dependent.
For over four decades, MIG has worked with public, private, and nonprofit agencies and their constituents worldwide to craft outdoor spaces where people walk, drive, gather, play, explore, work, learn, and live. Our landscape architecture practice integrates natural and built environments to
connect people to place, nature, and each other.
Existing site features, topography, and history inform
our designs as we work with clients and communities
to develop a specific program of functions and uses —
creating a powerful sense of place that not only pleases the eye but also protects ecological and cultural resources and enhances community livability.
OUR SUBCONSULTANTS
BKF Engineers
Since 1915, BKF Engineers (BKF) has earned a reputation for its ability to successfully plan, design, survey, and implement complex projects. BKF draws upon and utilizes its experience diligently, guiding projects from the initial due diligence and feasibility stages, progressing through project designs and permitting approvals, and concluding with construction and implementation. This proven
approach recognizes that developing dynamic projects
is informed by focused team collaboration, mitigating
physical constraints and potential risks, and balancing design goals with value engineering solutions.
4 City of Placentia I On -Call Landscape Architecture and Design Services RFQ
Budlong
Budlong is a diverse multidisciplinary design firm with exceptional engineering knowledge. They provide
mechanical, electrical, and plumbing engineering
services (MEP) and have led various industrial facility projects across California.
Converse Consultants
Converse Consultants (Converse) is a known entity in the construction industry providing geotechnical engineering and geological services. Their professional and technical staff includes in-house geotechnical engineers, engineering geologists, environmental scientists, deputy inspectors, laboratory and field technicians, drafting/CAD specialists, and other specialized support personnel.
KEY PERSONNEL
MIG's Team is highly qualified and experienced and
has provided on -call landscape architecture and design services for many municipalities surrounding the City of Placentia. The MIG Team key personnel —identified in the organization chart on the following page —were selected for their strong expertise and the depth of experience
they will bring to the City of Placentia.
Contract Management
With 40 years of experience in landscape architecture,
Principal -in -Charge Steve Lang, PLA, ASLA, CPRS, will serve as the Management Contact and will ensure MIG
adheres to all necessary contract requirements and
allocation of essential resources. In addition, he will provide overall project direction, oversight, and quality control for each task order assigned under this on -call contract.
Project Manager Oscar Johnson, PLA, will be the day-to- day contact with City representatives and coordination of the MIG Team. Oscar will coordinate site assessment and design through construction documents and construction
administration. His communication and organizational skills with 22 years as a project manager will provide steady, robust management.
Technical Support
The following key personnel will support the On -Call
Landscape Architecture and Design Services contract:
»
>>
»
»
Melissa Butler, MIG, Deputy Project Manager
Holly De La Torre, LEED AP, CPSI, MIG, Landscape
Designer/Playground Safety Specialist
Dino Viale, MIG, Irrigation Designer
Esmeralda Garcia, MIG, Community Engagement
Specialist
Bob Prasse, MIG, CEQA Compliance
Bruce Kirby, PE, BKF, Civil Engineer
Davis Thresh, PLS, BKF, Surveyor
Mark Griggs, Budlong, Mechanical Engineer
Medel Bartolome, PE, Budlong, Electrical Engineer
Hashmi Quazi, PhD, PE, GE, Converse, Principal
Geologist
Robert Gregorek, PG, CEG, Converse, Geologist
Resumes
Detailed resumes for our proposed key personnel are
provided in the Appendix.
City of Placentia l On -Call Landscape Architecture and Design Services RFQ 5
TEAM ORGANIZATION
CONTRACT MANAGEMENT: MIG
Steve Lang, Principal -in -Charge
Oscar Johnson, Project Manager
CEQA COMPLIANCE
Bob Prasse
LANDSCAPE ARCHITECTURE
& DESIGN SERVICES
Steve Lang
Oscar Johnson
Melissa Butler
Holly De La Torre
Dino Viale
COMMUNITY
ENGAGEMENT
Esmeralda Garcia
CIVIL/SURVEY ENGINEERING
BKF Engineering
Bruce Kirby
Davis Thresh
GEOTECHNICAL ENGINEERING
Converse Consultants
Hashmi Quazi
Robert Gregorek
MECHANICAL/ELECTRICAL/
PLUMBING ENGINEERING
Budlong
Mark Griggs
Medel Bartolome
6 City of Placentia I On -Call Landscape Architecture and Design Services RFQ
D. Allocation of Resources
The following describes the resources and approach
the MIG Team will bring to the City of Placentia on -call projects.
Quality Staff
Quality control begins with assigning qualified,
dedicated staff to each project. We hire people with
strong interpersonal skills and the ability to bring people of different backgrounds together to focus on the issues at hand while always keeping "the big picture" in mind.
As noted, the City of Placentia Landscape Architectural Services staff were selected based on their suitability and capacity, and they will be assigned for the project duration.
Clear Work Plan and Deliverables
Before commencing work, MIG will meet with City staff
to confirm the intended scope of services and proposed
project improvements to create a detailed work plan. The plan will include a schedule that illustrates the project on a task -by -task basis, clarifying the project's critical path, key deadlines and checkpoints, and the responsibilities of each team member. The project manager will have an
identified backup staff member to handle urgent project issues or emergencies.
Regular Review by Senior Staff
The principal -in -charge and project manager/landscape architect will review work daily or weekly. Regularly
scheduled project team meetings will be conducted
to ensure work quality and appropriately allocate staff time and project resources. Before delivery to the City, all work will be reviewed by the project manager and
principal using a comprehensive checklist. This review
time is built into the project schedule, including time for internal MIG revisions before City delivery.
Timeline Control and Monitoring
Project scheduling will be coordinated with the City. The tasks and results will be reviewed periodically according to the project timetable agreed to between MIG and the
City. The schedule will be updated as needed as the
project progresses, using actual finish dates of activities to update the schedule. Based on the review, we can be
flexible in response to unexpected changes within the
established work program and schedule.
MIG has earned a reputation for completing our project
tasks promptly. The broad experience of our overall firm, coupled with the expertise of our local office personnel, will ensure our timely response to project assignments
and questions and issues that may come up during any
project that results from this on -call contract.
Budget Control and Monitoring
MIG has real-time project budgeting and monitoring
software to align budget allocations and expenditures
and support project success. Once the schedule and
final budget have been set, each team member's
staff hours and costs will be generated each month
and cumulatively for the monthly project invoice. This
provides the basis for reviewing actual staff hours
against estimated expenditures. Status reports will be
reviewed regularly with the internal project team and
the City. We proactively address overages and possible
efficiencies to avoid change orders and requests for
additional services.
City of Placentia I On -Call Landscape Architecture and Design Services RFQ 7
Deliverables Review
We will involve our in-house graphic designers and
writers to ensure high -quality written and graphic
materials to support and document the planning and
design process. We can also create multimedia outreach
and informational materials and develop training and
implementation tools. Our quality control plan includes deliverables review to ensure that our products are
attractive, easy to understand, and can communicate
complex concepts and issues to a wide range of
audiences.
Quality Control/Quality Assurance
Our quality control plan is multilayered. MIG has
developed checklists to ensure high -quality project
outcomes. MIG employs the following quality control
tools:
Project initiation checklist and questionnaire
Topographic survey checklist
AutoCAD manual and standards
Design process standards
QA/QC checklist
Construction administration procedures
Community Engagement and Outreach
MIG will employ many approaches to gain valuable input
in the design process based on the City of Placentia's
needs. Our approach is "high tech and high touch." Our
community engagement specialists utilize numerous
tools that prioritize options and build consensus. We
use everything from Survey Monkey to customized
interactive games we create in-house. Our public
meetings are often facilitated with a graphic recording approach where input from meeting participants is
graphically noted on a large wall -sized piece of paper.
This allows a real-time broad visualization of comments and how they relate. The graphic illustrates the key
ideas, considerations, connections, and priorities that, with facilitation, can often lead to group consensus.
We will also employ interviews and stakeholder meetings to target and garner input from key individuals and user groups with a particular interest in the project. We often use written, electronic, or phone surveys for large city- wide projects or studies to gauge community concerns
and desires associated with a program or proposed
project. We often participate in community intercept
events, fairs, farmers markets, and neighborhood
gatherings, hosting a table, booth, or exhibit easels to solicit input from the active and affected community.
We are firm believers in engaging the community in
the design process. This public involvement produces
a successful project that the community identifies with, where they enjoy a sense of ownership and feel a long-
term responsibility for the ongoing care of the project.
In our experience, community leaders are much more
supportive of a project when they are assured that
the community has been engaged from the beginning
and that the design process has been transparent. Our
approach of dealing with concerns and issues from the
start, with multiple input avenues, helps to diminish late adverse claims that usually arise from those at the end of the process who did not participate. Our public outreach always encourages those experienced in the design
process to attend the final approval meeting to show
their support and counter adverse claims that may arise.
Knowledge of ADA Requirements
MIG has an in-house group of professionals specializing in Community Accessibility Design and Planning
Services. MIG wrote and published The Accessibility
Checklist: User Guide — An Evaluation System for
Buildings and Outdoor Settings, which is used nationally to assess access compliance. MIG applies accessibility
and safety standards to any application requiring public access, playgrounds, playground renovation projects,
and path of travel. Our certified access specialist worked with the Architectural and Transportation Barriers
Compliance Board (Access Board) to develop technical
assistance materials to assist public agencies, designers, planners, manufacturers, and associations in applying
the newly amended ADA Accessibility Guidelines
(ADAAG). We will provide this expertise and full access perspective on all the City of Placentia projects we are engaged in.
8 City of Placentia I On -Call Landscape Architecture and Design Services RFQ
E. Understanding of Scope of Work
MIG offers the City of Placentia a 41 -year track record of working interactively with our clients to become an
extension of their staff, producing innovative designs
and plans delivered promptly and cost-effectively. We
will view your projects as collaborative efforts that
maximize the strengths and resources of all project team members. We understand the range of projects that may
arise from our on -call contract with the City of Placentia.
We appreciate and value the variety of microclimates,
neighborhoods, parks, and commercial areas that make
up the rich and diverse community of Placentia. We
strongly believe that our extensive portfolio of successful and related projects will be an asset in addressing your City's landscape architectural design needs. The scope
of work will be determined based on each project's
particular requirements and conditions. The following
tasks describe MIG's approach to your landscape
architectural design projects.
PHASE I — Conceptual Design Documents
Task 1 — Project Initiation/Project Definition
The MIG Team will schedule a project initiation meeting with the City of Placentia's project manager and staff
to review the project assignment and MIG-specific
proposal in response to the City's project assignment.
MIG will seek information from the City on any current
data, survey maps, boundary surveys, reports, analysis, or drawings associated with the subject project. We
will review the work to be completed, the staff's goals and objectives, possible amendments to the project
assignment, any alternatives to be considered, budgets, and any subsequent refinements to the project design
program. All parties must agree on the project proposal, scope of services, project schedule, milestones, and
meeting calendar before proceeding.
Task 2 — Data Collection
MIG will collect available data from the City on all
critical aspects of the proposed project. Depending on
the project type and required tasks, this may include
infrastructure/utility drawings, topographic survey,
record as-builts, locations of easements, geologic data, geotechnical reports, and other information relevant
to existing conditions, notices, previous analyses,
management, and operation records, etc. MIG's
designated project manager will continually check
progress through regular emails and project team
meetings.
The MIG Team will obtain all City design standards,
codes, and ordinances to ensure the project complies
with the latest City Standards.
The MIG Team will prepare boundary and topographic
surveys as necessary and geotechnical investigations
for pavement and footing design recommendations.
Task 3 -- Site Reconnaissance
The MIG Team will conduct a site survey to review
site constraints and opportunities, grading boundaries, adjacent uses, surrounding conditions, and area
context. Existing site conditions, field opportunities, and constraints will be considered when preparing
conceptual/preliminary site design.
PHASE II - Schematic Design Documents
and Services
Task 1 — Existing Condition Assessment/
Conceptual and Schematic Design/Preliminary
Reports
Based on input from City staff, data collection, research, and analysis, the MIG Team will develop assessments
of existing conditions, conceptual design plans, and/or preliminary design reports to bring back to City staff for review and input for further refinement. Depending on
the nature and scope of the project, tasks could include exploring functional and visual relationships of desired improvements by looking at such components as facility
program, uses, circulation, views/vistas, pedestrian
access, vehicular access, existing landforms, existing
improvements to remain, edge treatments, topography,
landscape materials, irrigation systems, security,
preferred equipment, perimeter improvements, and
ADA compliance.
MIG will facilitate needs assessment interviews and
meetings as required to garner the desires and
concerns of the community.
City of Placentia I On -Call Landscape Architecture and Design Services RFQ 9
Color -rendered conceptual and preliminary drawings,
colored perspective sketches, and design exhibits can
be prepared as part of the design package.
Task 2 — Cost Estimates/Fiscal Analysis
Depending on the project type and scope, the MIG
Team will prepare either preliminary opinions of
probable construction costs or initial fiscal analyses
based on the conceptual plans or preliminary report
findings for City staff review.
Task 3 — Submittal and Review by City Staff
MIG will submit the existing condition assessment,
design report, conceptual drawings, site design
exhibits, and the preliminary opinion of probable
construction costs to City staff for review and input.
Task 4 — Public Input as Directed by City Staff
Depending upon the project assignment and the
sensitivity of the proposed project, the MIG Team will
facilitate a public input meeting or public workshop
to gain input, review the conceptual or preliminary
work, and seek consensus. MIG will prepare
PowerPoint presentations, presentation boards,
material boards, and meeting minutes for community
and stakeholder meetings.
Task 5 — Final Plan/Report and Cost Estimate
The MIG Team will prepare a final design report, analysis, or conceptual plans that reflect staff review comments.
We will update the cost estimate or financial analysis
to reflect the project refinements. The final preliminary plans, design exhibits, and report will be submitted to City staff for final review and input.
Task 6 — Submittal to City Staff
MIG will submit an electronic data file of the final design report, conceptual drawings and design exhibits, and
the preliminary opinion of probable construction costs
to the City.
PHASE III — Design Development
Documents and Services
Task 1 — Design Development
Once City staff has approved the final preliminary plans and preliminary opinions of probable construction
costs, the MIG Team will develop design development
documents to include color renderings and sketches,
if requested, and any required drawings and outline
specifications. MIG will meet with City staff to review design development documents, design features, and
technology concerning resource management, water
conservation, energy conservation, and the efficiency
of maintenance and operation of the proposed facility.
Any changes in design will be reflected in an updated
opinion of probable costs. Upon approval of the design
development documents by City staff, MIG will proceed
with preparing construction documents (drawings and
specifications).
PHASE IV — Construction Documents
Task 1 — Construction Documents
The base sheets will identify all existing physical and topographic conditions as well as all existing proposed improvements. The MIG Team will prepare construction
documents using the design development drawings
10 City of Placentia I On -Call Landscape Architecture and Design Services RFQ
and outline specifications. Construction drawings will
be prepared utilizing AutoCAD 2022, the City's Design
Standards, and applicable building and development
codes. Technical Specifications will be formatted in CSI standards. As an example, the document package may
include the following construction drawings:
»
Cover Sheet / General Notes
Demolition Plan (existing conditions plan)
Construction Layout Site Plans
Construction Details
Irrigation Plan and Details
Landscape Planting Plan and Details
Technical Specifications
Electrical Service, Site Lighting Plan, and Details
Task 3 — In -House Quality Control: Review of
Construction Documents
MIG will conduct a thorough in-house quality assurance/ quality control review of all construction documents. We will utilize in-house quality control checklists to review all construction documents before submittal to the City. MIG will ensure all review and plan check comments have
been resolved, addressed, and incorporated into the
construction document package.
Task 4 — Construction Document Design Submittal
MIG will electronically submit all completed and in-house checked construction documents to the City at agreed
project milestones (typically 30%, 50%, 90%, and 100%
completion.)
Task 5 — Plan Check Review Comments
The MIG Team will respond to all plan check comments
from the City's consolidated construction document
submittal. MIG will address all comments with City
clarification on any conflicting reviews as necessary
and prepare the construction documents for final design submittal.
Task 6 — Opinion of Probable Construction Costs
The MIG Team will prepare a detailed opinion of
probable landscape architectural construction
costs with quantities and unit prices.
Task 7 — Final Design Submittal
The final design submittal will include final drawings and specifications, reports, analysis, project construction schedules, and final opinion of probable construction
costs. The final design submittal will consist of an
electronic data file of all submittal documents for the City's bid use. All final documents shall be stamped
and signed by the appropriate design professional.
PHASE V - Bidding Support Services
Task 1 — Bidding Assistance
The MIG Team will be available during the bid process
to assist City staff, provide clarification, prepare addenda, and respond to Requests for Information (RFIs) and
Requests for Clarification (RFCs), analysis of alternates, supplementary drawings, specifications review,
attendance at pre -bid meeting(s) and bids review.
PHASE VI — Construction Administration
Services
Task 1 — Construction Administration
MIG will review and approve addenda, change orders,
material submittal, contractor equipment submittal, shop drawings, clarifications to drawings and specifications, weekly site visits, and monthly reports on construction progress and change order status. The MIG Team will
attend a pre -construction site review meeting with
the awarded contractor and City staff. MIG will meet
at the City's request at the project site and review the installation. MIG can participate in construction progress meetings and final site reviews as required and prepare meeting minutes. All site improvement inspections
will be performed by the City's public service agency
inspectors. MIG will prepare the final punch list for
completion, "as -built" drawings received from the
Contractor, and co -approve with the City the final
completion certificate.
City of Placentia I On -Call Landscape Architecture and Design Services RFQ 11
F. References
PONDEROSA PARK RENOVATION, ANAHEIM
COVES PH 1 & 2, MASTER PLAN AND CD'S,
ANAHEIM 1 2006-2019
City of Anaheim, Community Services Department
Naomi Gruenthal, ASLA, Associate Project Planner
(714) 765-4465 I [email protected]
MAGIC JOHNSON PARK MASTER PLAN AND PHASE
1A CD'S, LA COUNTY 12019-2022
LA County Parks and Recreation Department
Chester Kano, Principal Facilities, Project Manager
1000 South Fremont Avenue, Unit #40
Alhambra, CA 91803
(626) 893-8501 I [email protected]
VETERANS SPORTS PARK AT TUSTIN LEGACY
MASTER PLAN AND CD'S, TUSTIN 12015-2020
City of Tustin Parks & Recreation Services
Chad Clanton, Director of Parks & Recreation
300 Centennial Way
Tustin, CA 92780
(714) 573-3332 I [email protected]
FOUR PARKS RENOVATION (APOLLO, WILDERNESS,
GOLDEN, DENNIS-THE-MENACE PARKS) MASTER
PLAN AND CD'S, INDEPENDENCE PARK FUTSAL
COURTS CD'S, FIRESTONE BOULEVARD
STREETSCAPE CD'S, CIVIC CENTER PLAZA CD'S,
DOWNEY 12018-2020
City of Downey
Edwin Norris, Deputy Public Works Director
11111 Brookshire Avenue
Downey, CA 90241
(562) 904-7110 I [email protected]
WESTLAKE VILLAGE COMMUNITY PARK, WESTLAKE
VILLAGE DOG PARK, MASTER PLANS AND
CD'S 1 2015-2020
City of Westlake Village
Roxanne Hughes, City Engineer
31200 Oak Crest Drive
Westlake Village, CA 91361
(805) 890-8885 I [email protected]
MENDEZ TRIBUTE MONUMENT PARK AND
FREEDOM TRAIL MASTER PLAN AND CD'S, HOOVER
STREETSCAPE CD'S, PARKS AND RECREATION
MASTER PLAN, WESTMINSTER 12019-2023
City of Westminster
Adolfo Ozaeta, Interim Assistant to City Manager
8200 Westminster Blvd.
Westminster, CA 92683
(714) 548-3462 I [email protected]
DESIDERIO PARK, PASADENA MASTER PLAN AND
CD'S, PASADENA 12015-2018
City of Pasadena Public Works
Jeff Kuhn, Landscape Architect/Project Manager
100 N. Garfield Avenue
Pasadena, CA 91101
(626) 744-7389 I [email protected]
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
STREETSCAPES, YORBA LINDA CONCEPT PLANS
AND CD'S 12019-2023
City of Yorba Linda
Jesse Gutierrez, Assessment District Manager
4845 Casa Loma Avenue
Yorba Linda, CA 92886
(714) 961-7170 I [email protected]
12 City of Placentia I On -Call Landscape Architecture and Design Services RFQ
Relevant Project Experience
MIG has a proven track record of managing complex,
multi -objective parks projects that create a high degree of community support through creative design, dynamic
visuals, and powerful metaphors. The tables below and
on the following page provides an overview of MIG's
parks recreation, streetscapes, public realm, and open
space experience.
MIG SELECT PARKS PROJECTS
Always Dream Park, Fremont
Anaheim Coves Multi -Use Trail
Anaheim Outdoors Connectivity/Urban Greening
Landscape Design
Park Planning & Design
Public Realm Design
• •
• •
Sports/Athletic Fields
• •
• •
Angeles National Forest Supervisor's Office, Arcadia •
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Burbank Water & Power EcoCampus
Compton Creek Natural Park
Desiderio Park, Pasadena
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EI Dorado Park at Pacoima Wash, Los Angeles County
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Hart Park Renovations, West Hollywood
Hing Hay Park, Seattle, WA
Johnny Carson Park Revitalization, Burbank
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LANLT Wishing Tree Park, Carson
Layne Park Revitalization, San Fernando
Liberty Park Renovation, Cerritos
Mendez Tribute Monument Park, Westminster
Monrovia Station Square Transit Village Park
Monte Verde Park, Lakewood
Ord and Yale Park, Los Angeles
Pasadena Playhouse Village Park and Parking Lot
Ponderosa Park, Anaheim
Santa Ana Dog Park at Centennial Park
Santa Monica Memorial Park Renovation
Santee Town Center Community Park
Stoneview Nature Center, Culver City
Tustin Legacy Veterans Park
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City of Placentia I On -Call Landscape Architecture and Design Services RFQ 13
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14 City of Placentia I On -Call Landscape Architecture and Design Services RFQ
G. Certification of Proposals
APPENDIX C
CERTIFICATION OF PROPOSAL TO THE CITY OF PLACENTIA
1. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFQ), dated September 2023, and to be bound by the terms and conditions of the RFQ.
2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the proposer and that the proposer is responsible for them.
3. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
4. The proposal includes all of the commentary, figures and data required by the Request for Proposal, dated September 2023.
5. This firm has carefully read and fully understands all of the items contained in Section 7, General Requirements. This firm agrees to all of the general requirements except for those disclosed by the firm in project proposal, listed on an attachment.
6. The proposal shall be valid for 90 days from September 28, 2023.
Name of Firm: Moore lacofano Goltsman, Inc. (dba MIG, Inc.) By:
(Au orizdd Signature)
Christopher Beynon, AICP
Type Name:
Title: Vice President and Chief Development Officer
Date: October 19, 2023
City of Placentia I On -Call Landscape Architecture and Design Services RFQ 15
Appendix - Resumes
EDUCATION
BA, Landscape Architecture,
UC Berkeley
REGISTRATIONS
Landscape Architect:
CA #1771, NV #461
PROFESSIONAL AFFILIATIONS
American Society of
Landscape Architects
California Parks & Recreation
Society
UCLA Extension, Landscape
Architecture Program
Instructor (1999-2023)
AWARDS
California Parks & Recreation
Society (CPRS) Facility
Design Award of Excellence,
Ponderosa Park and Family
Center, 2018
SCC/ASLA Quality of Life Merit
Award, Anaheim Coves, 2014
Steve Lang, PLA, ASLA, CPRS
PRINCIPAL -IN -CHARGE / LANDSCAPE ARCHITECT I MIG
Steve Lang is an award -winning landscape architect who has dedicated his career to creating outdoor environments that offer memorable, positive human connections with each other and with nature. His early artistic talents converged with his love for the spaces beyond building walls to forge a 45 -year vocation.
Licensed in two states, Steve's work can be found around schools and sports fields, in forests and downtowns, through plazas and parks, and along streets and waterways. He believes there is a deeper story to every project and he strives to bring it to the surface through interpretation, education, and art. Steve also recognizes and values the lasting impact of his designs. Time is the added dimension that brings out the full potential of his landscapes. A scattering of sycamores transforms into a giant grove. A sand dredging pit becomes a nature park and multi -use trail. A transit corridor turns into an ocean shoreline-themed outdoor art gallery and entertainment destination. Steve has taken hundreds of projects from a concept on paper to a reality on the ground. His creativity, communication skills, and attentive listening, elicit ideas and visions that he translates into conceptual studies, master plans, and construction drawings.
Through their engagement in Steve's design process, clients and communities understand and embrace project goals and challenges; and ultimately, gain a sense of ownership and pride in the final, physical outcomes —outcomes that can last a lifetime.
SELECTED PROJECT EXPERIENCE
»
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Santa Ana Dog Park at Centennial Park, Santa Ana, CA
Apollo, Golden, Dennis -the -Menace, and Wilderness Parks Renovation, Downey, CA
Ponderosa Park and Family Center, Anaheim, CA
Anaheim Coves Phase I and II, Anaheim, CA
Anaheim Urban Greening, Anaheim, CA
Arnold Cypress Park, Cypress, CA
Claremont Hills Wilderness Park, Claremont, CA
Cerritos Park East, Cerritos, CA
Compton Creek Nature Park, Compton, CA
Deer Canyon Park Preserve, Anaheim, CA
La Verne Sports Park, LaVerne, CA
Santa Fe Springs Nature Park, Santa Fe Springs, CA
Tustin Legacy Veterans Sports Park, Tustin, CA
Westlake Village Community Park, Westlake Village, CA
Yorba Regional Park, Orange County, CA
Wishing Tree Park, West Carson, CA
City of Placentia I On -Call Landscape Architecture and Design Services RFQ A.1
EDUCATION
BSLA, California State
Polytechnic University, Pomona
REGISTRATIONS /
CERTIFICATIONS
Landscape Architect: CA #6481
PROFESSIONAL AFFILIATIONS
California Parks &
Recreation Society
AWARDS
California Parks & Recreation
Society (CPRS) Facility
Design Award of Excellence,
Ponderosa Park and Family
Center, 2018
SCC/ ASLA Quality of Life Merit
Award, Anaheim Coves, 2014
SCC/ASLA Merit Award in
Landscape Art, South Beach
Promenade, 2007
Oscar Johnson, PLA
PROJECT MANAGER / LANDSCAPE ARCHITECT I MIG
Oscar Johnson has always had a passion for drawing and creating, and he's been fulfilling it as a landscape designer and project manager for over two decades.
From multimillion dollar sports facilities to intimate neighborhood parks, Oscar has designed and managed construction for a variety of public and private projects throughout California. With his meticulous attention to detail and his dedication to longevity, he develops construction details and design specifications that are cost-effective and can be built to last. He is adept in establishing a camaraderie with clients, colleagues, and contractors to shepherd projects from design to ribbon - cutting. Oscar is proactive in reducing risks and applying new technologies and materials to his designs. He describes himself as "a build -a -better -mousetrap type of person," who takes the Big Picture and fills in the fine lines. While his work has benefited people in many communities, Oscar particularly appreciates providing physical, mental, and emotional stimulation to children with disabilities through his projects —enabling them to interact with nature and with others.
SELECTED PROJECT EXPERIENCE
Santa Ana Dog Park at Centennial Park, Santa Ana, CA
Mendez Tribute Monument Park, Westminster, CA
Layne Park Revitalization, San Fernando, CA
Desiderio Park, Pasadena, CA
Lambert Park, El Monte, CA
Ponderosa Park and Family Center, Anaheim, CA
25 Westminster Parks Renovations, Westminster, CA
Anaheim Coves Phases 1 and 2, Anaheim, CA
Compton Creek Nature Park, Compton, CA
Dills Park Renovation/Expansion, Paramount, CA
Fullerton Parks Renovation, Adlena, Byerrum, and Valencia, Fullerton, CA Grace Park, Long Beach, CA
Huntington Beach Pier Plaza and South Beach Renovation, Huntington Beach, CA
Liberty Park Renovation, Cerritos, CA
Arnold Cypress Park, Cypress, CA
Mesa Marin Sports Park, Bakersfield, CA
Parks & Recreation Facilities Master Plan, Westminster, CA Parks Master Plan, Irvine, CA
Pico Park Renovation, Pico Rivera, CA
Tustin Legacy Veterans Sports Park, Tustin, CA
Wishing Tree Park, West Carson, CA
A.2 City of Placentia l On -Call Landscape Architecture and Design Services RFQ
EDUCATION
MLA, California State
Polytechnic University,
Pomona
AA, Landscape Architecture,
Mira Costa College,
Oceanside
BS, Biology, University of
Georgia, Athens
REGISTRATIONS /
CERTIFICATIONS
%> Landscape Architect:
CA #6410
Melissa Butler, PLA
DEPUTY PROJECT MANAGER / LANDSCAPE ARCHITECT I MIG
Melissa Butler is an experienced landscape architect having worked on a variety of design projects ranging from parks and trails to urban and regional planning projects. Melissa is passionate about helping create rich public spaces intended to connect people to one another. Strong in both graphic and written communication skills, she understands the importance of developing a solid vision as well as executable design. With a background in ecological sciences, coupled with a diverse design and planning portfolio, Melissa harnesses a robust understanding of the role of natural resources in park planning and design. With this expertise, she is thoughtful during the inventory and evaluation phase of parks and facilities, landscape, and natural assets to identify necessary improvements, as well as opportunities for enhancement. Her unique perspective supports the development of strong recommendations, identifying capital projects and maintenance needs, and concepts for new parks.
SELECTED PROJECT EXPERIENCE
»
Anaheim Coves, Phase II Anaheim, CA
Compton Creek Nature Park Phase II, Compton, CA
Westminster Parks and Recreation Facilities Master Plan, Westminster, CA
Anaheim Urban Greening, Anaheim, CA
Desiderio Park, Pasadena, CA
Cerritos East Ballpark Renovations, Cerritos, CA
Downey Civic Center Pedestrian Corridor, Downey, CA
Yorba Linda LMAD Landscape Transition, Yorba Linda, CA
Irvine Parks and Facilities Master Plan, Irvine, CA
Cudahy Water Conservation Park Plan, Cudahy, CA
Firestone Boulevard at Paramount Boulevard Streetscape Improvements, Downey, CA
Tustin Legacy Veterans Sports Park, Tustin, CA
City of Placentia I On -Call Landscape Architecture and Design Services RFQ A.3
EDUCATION
» BSLA, California State
Polytechnic University, Pomona
CERTIFICATIONS
LEED Accredited Professional
Certified Playground Safety
Inspector, National Recreation
and Park Association
Holly de la Torre, LEED AP, CPSI
LANDSCAPE DESIGNER / PLAYGROUND SAFETY I MIG
Holly De La Torre's wide interests in landscape architecture, coupled with the breadth of projects she has worked on for over 16 years with MIG, has led her to be a strong member of the design team. She has gained experience in park design ranging from large sports complexes to community and neighborhood parks and recreational trails. She has participated in projects from conceptual design through construction and knows the importance of complete and definitive construction documents and the value of collaboration through the design and construction process.
Holly's interest in improving the larger environment and quality of life has been demonstrated in her successful design of streetscapes, parkways, campuses, and most recently dog parks, where owners' interaction and comfort are as important as the canine activity design. She has also successfully participated in public outreach, recreation facility assessments, and park and recreation master plans.
SELECTED PROJECT EXPERIENCE
»
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Santa Ana Dog Park at Centennial Park, Santa Ana, CA
Anaheim Coves, Anaheim, CA
Pico Park, Pico Rivera, CA
Wishing Tree Park, West Carson, CA
Arnold Cypress Park, Cypress, CA
Cerritos Park East, Cerritos, CA
Santee Towncenter Park, Santee, CA
Compton Creek Natural Park, Compton, CA
Compton Greenleaf Parkway, Compton, CA
Mesa Marin Sports Park, Bakersfield, CA
Perris Valley, Big League Dreams Sports Park, Riverside County, CA Dick Clark Dog Park Concept Plan, Burbank, CA
Beverly Boulevard Improvements, Pico Rivera, CA
Big League Dreams Sports Park, Manteca, CA
City of Irvine Landscape Plan Check Services, Irvine, CA Del Amo Boulevard Median Upgrades, Carson, CA
Fresno Figarden Baseball Complex, Fresno, CA
Our Community School Feasibility Study, Chatsworth, CA
Tehachapi Valley Recreation and Parks District Master Plan, Tehachapi Valley, CA
A.4 City of Placentia I On -Call Landscape Architecture and Design Services RFQ
EDUCATION
BS, Landscape Architecture,
Polytechnic State University,
San Luis Obispo
REGISTRATIONS
American Society of Irrigation
Consultants, Professional
Member, Northern CA Chapter
Dino Viale
IRRIGATION DESIGNER I MIG
Dino Viale is a detail -oriented, self -motivated professional in the landscape and irrigation industry. He possesses strong design and construction skills, bringing planning and construction together seamlessly. Dino has a passion for water conservation and is constantly striving to create irrigation design solutions that efficiently fit the unique needs of his projects, creating lasting and cost-effective systems that save water.
SELECTED PROJECT EXPERIENCE
>>
»
»
»
Desiderio Park, Pasadena, CA
Wilderness Park, Downey, CA
Lambert Park Phases 1 and 2, El Monte, CA
Arnold Cypress Park, Cypress, CA
Wishing Tree Park, West Carson, CA
Laguna Niguel Regional Park, Orange County, CA
Orion Park, Chula Vista, CA
T+C Public Park, San Diego, CA
14th Street Promenade, San Diego, CA
Gamma Street Mini -Park ADA and Playground Improvements, San Diego, CA
Skyline Hills Community Park ADA and Playground Improvements, San Diego, CA
Olive Grove Community Park ADA and Playground Improvements, San Diego, CA
Asian Art Museum, San Francisco, CA
Cherryland Community Center, Alameda, CA
CHP Crescent City, Crescent City CA
Chrissy Field Restoration, San Francisco, CA
Salinas Public Safety Center, Salinas, CA
San Francisco Zoo African Savanna Exhibit, San Francisco, CA San Francisco Zoo Lemur Exhibit, San Francisco, CA
Santana Row, San Jose, CA
Ventura Community Park, Ventura, CA
Villa Monserate Park ADA Improvements, San Diego, CA
National Audio -Visual Conservation Center, Culpeper, VA City of Placentia I On -Call Landscape Architecture and Design Services RFO A.5
EDUCATION
»
MURP, University of Southern
California
BA, Public Affairs/Urban
Planning, University of
Southern California
Bob Prasse
DIRECTOR OF ENVIRONMENTAL SERVICES I MIG
Bob Prasse has extensive knowledge and expertise in urban planning and environmental analyses. A college class on the economics of environment peaked Bob's interest in the factors affecting the built environment, which led to an over 35 -year career working with public agencies and developers throughout Southern California. With his analysis, communications, and writing skills, Bob helps clients anticipate and adjust to changing conditions while still meeting project goals related to general and specific plans, zoning ordinances, development reviews, and entitlement services. In addition, he has managed, prepared, and processed CEQA and NEPA documentation for a wide range of planning projects, including large-scale mixed -use communities, public facilities, general plans, retail centers, and warehouse/logistics complexes.
SELECTED PROJECT EXPERIENCE
»
»
»
Covina Town Center Specific Plan EIR, Covina, CA
Cudahy General Plan EIR, Cudahy, CA
Desert Hot Springs General Plan EIR, Desert Hot Springs, CA Duke Realty Warehouse EIR, San Bernardino County, CA
Hemet Environmental Services On -Call, City of Hemet, CA Hesperia General Plan EIR, Hesperia, CA
Indio Central Park and Public Safety Complex IS/MND, Indio, CA Majestic Chino Gateway EIR, Chino, CA
Metropolis High -Density Residential Project EIR, City of Irvine, CA Monterey Park General Plan EIR, Monterey Park, CA
Moreno Valley Environmental Services On -Call, City Moreno Valley, CA National Orange Show Industrial Park EIR, San Bernardino, CA Pine Ave. Connector Environmental Assessment, Chino, CA Rancho Los Lagos Specific Plan, Imperial County, CA
Redlands Crossing (Walmart) EIR, Redlands, CA
Rialto Commerce Center EIR, City of Rialto, CA
San Bernardino County Environmental Services On -Call Services, San Bernardino County, CA
Serena Park EIR Peer Review, Palm Springs, CA
California Recycler Plastics -to -Fuel Conversion Plant IS/MND, Grand Terrace, CA
Inland Center Dr. Warehouse IS/MND and Regulatory Permitting, San Bernardino, CA
A.6 City of Placentia I On -Call Landscape Architecture and Design Services RFQ
EDUCATION
» BA, Art History, California State
University, Los Angeles
PROFESSIONAL AFFILIATIONS
American Planning
Association (APA)
Transportation Research
Board Environmental Justice
Committee Member
Esmeralda Garcia
COMMUNITY ENGAGEMENT SPECIALIST I MIG
Esmeralda Garcia is a community planning and public outreach expert whose projects often tackle complex social and economic issues associated with public services and infrastructure, transportation, housing, and urban planning and design. Through her early volunteer work, she was exposed to community organizing and governance, which sparked her passion for collaborative engagement and inclusive decision -making. A co -director of MIG's Equity Studio, Esmeralda is widely recognized for her ability to reach and connect with communities of diverse backgrounds and cultures —many of whom are under -served and often go unheard. She combines her extensive experience in facilitation and strategic planning with her broad knowledge of planning and communications to bring people together to identify and resolve problems. With her fluency in Spanish and English, Esmeralda is uniquely positioned to articulate challenges, opportunities, and goals for both clients and constituents. Whether it's a freeway corridor impacting tens of thousands of residents and businesses or a neighborhood park serving a hundred families, she is dedicated to forging understanding and cooperation to find implementable solutions that improve the lives of everyone.
SELECTED PROJECT EXPERIENCE
Parks, Open Space, and Trails Master Plan, Santa Ana, CA Playhouse Village Park, Pasadena, CA
Parks Master Plan, Irvine, CA
LA County Parks Rural and Regional Needs Assessment, CA Parks & Recreation Facilities Master Plan, Westminster, CA Parks and Recreation Master Plan, Apple Valley, CA
Parks and Recreation Master Plan, Kern County, CA
Parks and Recreation Master Plan, South Gate, CA
Parks, Recreation, and Arts Master Plan, Lancaster, CA
Harbors, Beaches, and Parks Strategic Plan, Orange County, CA Comprehensive Parks Master Plan, Baldwin Park, CA
Urban Greening Parks and Open Space Plan, Wasco, CA
Open Space and Conservation Outreach, Pasadena, CA
City of Riverside Vision and General Plan Update, Riverside, CA Beaches and Harbors Strategic Plan, Los Angeles County, CA Youth Master Plan, Temecula, CA
Los Angeles -Pasadena Blue Line Light Rail Public Participation Services, Los Angeles, CA
Urban Greening Parks and Open Space Plan, Wasco, CA
City of Placentia I On -Call Landscape Architecture and Design Services RFQ A.7
Bruce Kirby, PE, QSD/QSP
SENIOR CIVIL PROJECT MANAGER I BKF
Bruce Kirby has been involved in land development
site engineering and is a professional engineer that
has directed the design of many civic, recreational,
institutional, educational, retail, commercial, industrial, and residential projects throughout southern California.
These projects have included providing such services as preliminary engineering and backbone engineering design for the grading, roadway, storm drain, sewer, and water infrastructure required for several large master -planned community projects.
EDUCATION
BS, Civil Engineering, California Polytechnic
University, Pomona
REGISTRATION/CERTIFICATION
Civil Engineer: CA #42393
Qualified SWPPP Developer (QSD) & Practitioner (QSP)
CA #20900
Envision Sustainability Professional (ENV SP)
SELECTED PROJECT EXPERIENCE
»
»
Evers Sports Park, Templeton, CA
Laguna Niguel Regional Park, Laguna Niguel, CA
Heritage Community Regional Park, Masterplan Update,
Irvine, CA
Mesa Marin Sports Complex Phase 3,
Bakersfield, CA
Silverlakes Sports Park, Norco, CA
Aquatic and Recreation Center Project,
Yucca Valley, CA
Irvine Plaza Neighborhood Park, ADA Design,
Irvine, CA
Davis Thresh, PLS
SURVEYOR I BKF
Davis Thresh is a Survey Principal, overseeing BKF's
survey group. His survey experience spans over 38
years. Throughout his tenure with BKF, he has played
a key role in many projects in both the public and private sectors. Davis has been the lead surveyor on numerous
projects involving districts, cities, counties, and other local municipalities in California. He is responsible for management of all phases of land surveying including
construction, aerial and conventional topographic and
planimetric surveys, boundary analysis and resolutions, right-of-way engineering, as -built surveys, digital terrain modeling, directing field and office survey efforts, contract document preparation, cost estimation, and contract
administration. He provides coordination with clients,
other professional consultants, and reviewing agencies.
EDUCATION
» Surveying, Diablo Valley College, Pleasant Hill, CA
REGISTRATION/CERTIFICATION
Professional Land Surveyor: CA #6868
SELECTED PROJECT EXPERIENCE
Lambert Park Renovation Project, El Monte, CA
Jeffrey/Walnut Intersection Improvements, Irvine, CA
Lakewood/Florence Intersection Improvements,
Downey, CA
Pico Rivera Regional Bikeway, Pico Rivera, CA
Hecker Pass Family Adventure Amusement Park,
Gilroy, CA
San Jose Redevelopment Agency Projects, Fountain
Alley Pedestrian Mall and Parking Lot, Guadalupe
River Park, and Confluence East Park, San Jose, CA
Roosevelt Park Community Center, San Jose, CA
» San Lorenzo River Multi -Purpose Trail / Bike-Ped
Underpass, Santa Cruz, CA
A.8 City of Placentia I On -Call Landscape Architecture and Design Services RFQ
Mark Griggs, PE
MECHANICAL ENGINEER I BUDLONG
Mark Griggs brings to Budlong his mechanical engineering experience in conducting and coordinating the planning, design, construction, and alteration of HVAC systems in buildings, facilities, and other structures. He reviews and recommends action on engineering and construction
documents to ensure compliance with applicable codes
and policies of different municipalities or localities. His responsibilities include performing cooling/heating load and static calculations, and coordinating communication with architects and engineers to identify and share
information to achieve overall construction goals and
ultimately meet deadlines on time.
EDUCATION
» BS, Mechanical Engineering, University of Texas
at Austin, Texas
REGISTRATIONS
Professional Engineer: CA #M34760, CO #M34743
SELECTED PROJECT EXPERIENCE
»
Columbia Space Center, Downey, CA
Port of Long Beach, Long Beach, CA
Los Angeles Union Station, Los Angeles, CA
Ongoing Services Contract, City of Denver, CO
' Administration Services
• City -owned buildings
" Transportation depots
Los Angeles International Airport, Los Angeles, CA
Inglewood City Hall Generator Upgrade,
Inglewood, CA
Medel Bartolome, PE
ELECTRICAL ENGINEER I BUDLONG
Medel Bartolome has over 35 years of experience in
designing engineering systems and elements including
low voltage (Data, PA, Tel, Security, CCTV, CATV, Access Control, Sound Systems) and Fire Alarm systems. He has
designed electrical systems for commercial, industrial, healthcare, educational, residential, and public/institutional facilities.
Medel is responsible for the coordination, design,
development, written specifications, cost estimates,
construction observation, and equipment selection
for electrical engineering projects.
EDUCATION
» BS, Electrical Engineering, Nueva Ecija University of Science and Technology, Cabanatuan City, Philippines
SELECTED PROJECT EXPERIENCE
Columbia Space Center, Downey, CA
Beverly Hills City Hall Tower Additional MEP Services
Beverly Hills, CA
Glendale Maintenance Building, Glendale, CA
Covina Transit Plaza, Covina, CA
Inglewood City Hall Generator Upgrade,
Inglewood, CA
Foothill Transit Agency West Covina Park & Ride,
West Covina, CA
Metro Training Center, Los Angeles, CA
City of Placentia I On -Call Landscape Architecture and Design Services RFQ A.9
Hashmi Quazi, PhD, PE, GE
PRINCIPAL GEOLOGIST I CONVERSE
Dr. Hashmi Quazi has over 36 years of experience
providing geotechnical engineering services and has
earned a reputation for providing quality work in an
honest and ethical manner, on time and within budget
for public buildings, playgrounds, recreation facilities, and other related project types.
EDUCATION
» PhD, Civil Engineering, University of Arizona
» MS, Civil Engineering, Arizona State University
BS, Bangladesh Engineering University
REGISTRATION/CERTIFICATION
» Civil Engineer: CA #46651
Geotechnical Engineer: CA #2517
SELECTED PROJECT EXPERIENCE
La Placita Parkette, Placentia, CA
Arnold Cypress Park, Cypress, CA
6th Street and Lacy Street Park, Santa Ana, CA
Mary Van Dyke Park Improvements,
South El Monte, CA
Concourse and Mountain View Parks,
Lake Forest, CA
Robert Gregorek, PG, CEG
SENIOR GEOLOGIST I CONVERSE
Robert Gregorek has over 44 years of experience on
geologic, environmental, and geotechnical aspects of
a variety of transportation, pipeline, storm drain, and other related project types. His experience includes coordination and quality control of observations and testing of bedrock, soils, and materials during grading; geologic field mapping; excavatability/rippability studies; groundwater studies; evaluation of geologic and seismic hazards; review
of geologic, environmental, and geotechnical reports;
expert witness for distress evaluations of site conditions; structures; evaluation of settlement potential; and
expansive/corrosive characteristics of soils.
EDUCATION
» BA, Earth Science, California State University, Fullerton MS, Program, Engineering Geology, California State
University, Los Angeles
REGISTRATION/CERTIFICATION
»
Professional Geologist: CA #PG 3965
Certified Engineering Geologist: CA #CEG 1257
OSHA 29 CFR 1910.120(e) 40 -hour Hazardous Waste
Operations Health and Safety
SELECTED PROJECT EXPERIENCE
»
;>
North Park Improvements, Yucca Valley, CA
March Field Skatepark, Moreno Valley, CA
Nicholson Neighborhood Park, San Bernardino, CA
Glen Helen Bridge Replacement, San Bernardino, CA
A.10 City of Placentia I On -Call Landscape Architecture and Design Services RFC)
Westminster Mendez Tribute Monument Park and Freedom Trail MIG designed a new park and trail honoring Gonzalo and Felicitas Mendez, who led a precedent -setting civil rights case when their children were turned away from a Westminster elementary school in 1944 because of their Mexican heritage. The landmark 1947 desegregation decision in Mendez v. Westminster paved the way for the historic 1954 Brown v. Board of Education Supreme Court case that ended school segregation in the U.S.
MIG worked with the City and community of Westminster and the Orange County Department of Education (OCDE) to create a place that pays tribute to the Mendez family and other social justice leaders. The 0.2 -acre park site features sculptures and art pieces by Los Angeles artist Ignacio Gomez, a plaza with seating, and an interactive station with interpretive panels and augmented reality (AR) experiences to share this little-known story that opened doors to education for generations of students. MIG developed an integrated web app that enables AR and tells the story in Spanish and Vietnamese in text, audio, and video using closed captions.
For the 2.5 -mile Freedom Trail leading to the park, MIG designed an immersive experience with additional interpretive signage and interactive components highlighting social justice advocates and civil rights leaders, including the Mendez family, Martin Luther King, Abraham Lincoln, and Cesar Chavez. As part of the partnership, OCDE is creating content and curriculum for the park and the trail.
MIG's design not only helps to preserve history, but also the environment with the use of recycled materials for site furniture, drought -tolerant planting, water -saving irrigation, and a dry creek bed and depressed planting areas for onsite stormwater capture.
PROJECT DETAILS
Firm: MIG
Client: City of Westminster
Location: Westminster, CA
Reference: Adolfo Ozaeta
Interim Assistant to the
City Manager/
Transportation Manager,
City of Westminster
(714) 548-3462
[email protected]
Dates: 2019-2021
City of Placentia I On -Call Landscape Architecture and Design Services RF© A.11
li . "I \ 11. '21(.1 11 `
)I t1
A.12 City of Placentia I On -Call Landscape Architecture and Design Services RFQ
Downey Parks Renovations
The citizens of Downey passed a local bond to renovate and upgrade major public facilities in the City, including four popular community parks: Apollo, Dennis the Menace, Golden, and Wilderness Parks. MIG was hired to prepare design development plans and construction documents for the landscape, hardscape, irrigation, synthetic sports fields, and building access improvements, as well as construction support services.
Wilderness Park has been a popular passive escape for residents and visitors for over five decades. Heavy use and "loved -to -death" wear at the park prompted the City to include the renovation of Wilderness Park in their successfully supported City Bond with additional funding from the Rivers and Mountains Conservancy and a Habitat Conservation Wetlands grant. MIG was selected by the City to lead the creation of a renovation concept plan, design development, construction documents, and construction support services.
Additionally, two ponds, as the major draw to the 20 -acre Wilderness Park, significantly influenced the renovation scope. The ponds were redesigned to improve water quality; introduce a more riparian edge that is habitat friendly to wildlife; and enhance the pedestrian experience with meandering walks, bridge crossings, overlook decks, and convenient viewing benches. Expansive turf areas were converted to drought -tolerant shrub and groundcover areas to attract birds, butterflies, and pollinators.
PROJECT DETAILS
Firm: MIG
Client: City of Downey
Location: Downey, CA
Reference: Edwin Norris,
Deputy Director of Public Works
City of Downey
(562) 904-7110
[email protected]
Dates: 2018-2020
City of Placentia I On -Call Landscape Architecture and Design Services RFC) A.13
Desiderio Park
Desiderio Park is a City -owned park on the edge of the Lower Arroyo Seco. A former Army Reserve Center that was decommissioned in 2005, the park has been in the planning stages since 2007. In 2017, MIG worked with the City of Pasadena to develop and refine the park concept in order to create construction documents for bidding and implementation.
The neighborhood park is traversed by the Colorado Street Bridge, and includes walking paths, shade trees and drought -resistant plantings, a naturalized creek feature that spans the park for drainage, a children's playground area and picnic shelter, picnic areas dispersed throughout the park, and a small parking area.
Craftsman-themed fencing and natural construction materials such as native river stone enhance the park and tie the park thematically to its setting and context within the Arroyo.
PROJECT DETAILS
Firm: MIG
Client: City of Pasadena
Location: Pasadena, CA
Reference: Jeff Kuhn
Public Works, City of Pasadena
(626) 744-7389
kuhniccityof Dasadena.net
Dates: 2015-2018
City of Placentia I On -Call Landscape Architecture and Design Services RFQ A.15
14,
A.16 City of Placentia I On -Call Landscape Architecture and Design Services RFQ
Lambert Park, Phase
MIG prepared a refined Master Plan and construction drawings and provided construction support for this multiphase park renovation project. The first phase renovations included a restroom concession building, play area, fitness zone, multi -use plaza, walking trails, parking lot improvements, security lighting, planting and irrigation, and a monument sign.
The first phase of construction was completed in November 2020. Pending funding, the second phase improvements will include three ball fields, group shade shelter, perimeter walking trail, irrigation, and planting.
PROJECT DETAILS
Firm: MIG
Client: City of El Monte
Location: El Monte, CA
Reference: Alan Palermo
Consulting Project Manager
(310) 717-3244
alanmaal@cmail,com
Dates: 2018-2020
City of Placentia I On -Call Landscape Architecture and Design Services RFQ A.17
Layne Park Revitalization Project
With the Layne Park Revitalization Project, San
Fernando is embracing an opportunity to address
resident demand while simultaneously creating
a signature neighborhood park that not only
bolsters community identity and civic pride,
but also provides a place for active sports and
recreation in the city core. The objective of Layne
Park's revitalization is to enhance park amenities
that will provide greater recreational opportunities
for the surrounding community, provide employment
or volunteer opportunities for residents, and
incorporate environmental elements for efficient
use of water and other natural resources. The
Statewide Park Development and Community
Revitalization Grant Program is funding the project.
MIG was hired to provide design services for Layne
Park's program elements and deliver a construction
documents package (plans, specifications, estimate),
suitable for bidding that provides a single, cohesive
community park program and layout. Program
elements include:
Playground renovation for ADA accessibility and
additional shading
Basketball court with LED, solar -powered lighting
Artificial turf soccer field with LED, solar -powered
lighting
New landscape areas and bioswales with
non-invasive and drought -tolerant planting
and irrigation improvements including smart
Irrigation with ground sensors
Restroom building powered by solar panels
PROJECT DETAILS
Firm: MIG
Client: City of San Fernando
Location: San Fernando, CA
Reference: Julian Venegas, Director
of Recreation and Community Services
(818) 898-1290 I [email protected]
Dates: 2020 —Ongoing
City of Placentia I On -Call Landscape Architecture and Design Services RFQ A.19
Firestone Boulevard Streetscape
The City of Downey initiated a project to revitalize approximately 1.25 miles of Firestone Boulevard from Old River School Road to Brookshire Avenue.
MIG staff prepared design development plans and construction documents for the landscape, hardscape and irrigation in October of 2013. The landscape design consisted of water wise median planting and pockets of parkway planting and tree wells. The hardscape design consisted of interlocking pavers, colored concrete and new concrete walkways as well as ADA ramps at intersections. We also coordinated with the City's electrical engineer for vehicular and pedestrian lighting.
The design took business storefront access and pedestrian flow into account.
Custom concrete walls with hardwood seating with pockets of planting were incorporated to provide gathering and resting spots along the downtown sidewalk while providing a buffering affect from the vehicular traffic. Various fields of interlocking pavers were used to define the seating areas and main pedestrian walkway. Planted pots and street furniture were also included in the design blending the design elements from the hardscape.
Inspirational quotes were used in the custom walls with seating as well as the City's new logo. Custom bike racks also incorporated the City's logo.
PROJECT DETAILS
Firm: MIG
Client: City of Downey
Location: Downey, CA
Reference: Edwin Norris
Deputy Director
Department of Public Works
City of Downey
(562) 904-7110
[email protected]
Dates: 2014-2019
A.20 City of Placentia I On -Call Landscape Architecture and Design Services RFQ
City of Placentia I On -Call Landscape Architecture and Design Services RFQ A.21
Anaheim Coves Multi -Use Trail
Anaheim Coves, formerly Burris Basin, was a commercial source for sand and gravel before the Orange County Water District (OCWD) bought and transformed the quarry pit into a groundwater recharge basin. Located adjacent to the Santa Ana River between Lincoln Avenue and Ball Road, it has been a very successful recharging facility and an important part of OCWD's water management system for decades. Through the years, it has also become a habitat for migrating waterfowl that seek refuge and feed on the fish that live in the basin. The City of Anaheim, with input from the neighboring community and support from State funding, saw this as an opportunity to provide a natural passive recreation experience as a developed interpretive trail along the banks of the reservoir basin.
MIG developed a master plan and construction documents to create a universally accessible trail with viewing decks, interpretive signage, and California native plantings. From a safe distance, visitors are able to enjoy the wildlife and 14 acres of open space around the basin. Due to the ongoing issue of improper maintenance for native planting, training of landscape maintenance staff was included in the specifications. This training portion of the specifications was developed as a living document that can be updated as the project matures.
Phase I was a recipient of a Southern California Chapter ASLA Quality of Life Award. MIG was subsequently awarded the contract to provide services from design through construction for Phase II, the northern extension of this project, which was recently completed.
PROJECT DETAILS
Firm: MIG
Client: City of Anaheim
Location: Anaheim, CA
Reference: Pamela Galera, former
Principal Project Planner, City of
Anaheim/current Director of Parks,
Recreation, and Community Services,
City of Riverside
(951) 826-2075
pclaleraOriversideca.c ov
Dates: 2011 - 2019
A.22 City of Placentia I On -Call Landscape Architecture and Design Services RFQ
City of Placentia i On -Call Landscape Architecture and Design Services RFQ A.23
Centennial Dog Park
Working with the MIG-led consultant team, BKF Engineers is providing civil engineering services for the City of Santa Ana's first public dog park. The development of
the project includes three separate offleash spaces for large, small and elderly dogs.
PROJECT DETAILS
Firm: BKF
Client: City of Santa Ana Public Works
Location: Santa Ana, CA
Reference: Isabel Gomez, Assistant Engineer
City of Santa Ana Public Works
(714) 647-5631 I [email protected]
Dates: 2023-2025 (estimated completion)
Irvine Hicks Canyon Park
BKF was responsible for providing civil engineering
design services for improvements within the
approximately 16.7 -acre Irvine Hicks Canyon Park. The
project included the development of two newly lighted
permanent batting cages with concrete pad for storage,
ADA pathways, and benches; and four new fenced bull
pens with pitchers' mounds.
PROJECT DETAILS
Firm: BKF
Client: City of Irvine
Location: Irvine, CA
Reference: Deby Platt, Community Service Administrator, City of Irvine
(949) 724-6685 I [email protected]
Dates: 2019
Ruben Salazar Memorial Park
Ruben Salazar County Memorial Park is located in
a critically underserved community with insufficient
park access. Over several decades, a lack of large-scale, comprehensive investment has left the site disjointed and with aging infrastructure that cannot meet the recreational needs of the surrounding community. The multi -phase
renovation is a major renovation of the park that will
implement a community -led vision for a safer, more
inclusive park.
PROJECT DETAILS
Firm: Budlong
Client: Los Angeles County Parks and Recreation
Location: Los Angeles, CA
Reference: Claire Brown, RLA, Associate Principal
SALT Landscape Architects I (213) 234-0057
Dates: 2022 —Ongoing
Whittier Aquatic Center
The Whittier Aquatic Center Development Project
will consist of site preparation and construction of an aquatic center which shall include an Olympic -size
competition swimming pool, a practice pool, and an
Aquatic Center building. This building includes a lobby/ check -in area, staff observation room, dressing/restroom facilities, storage, an instructional classroom, and related improvements. Adequate parking and secure perimeter
will also be incorporated as part the project. Budlong is providing the MEP/FLS engineering design services.
PROJECT DETAILS
Firm: Budlong
Client: Los Angeles County Parks and Recreation
Location: Whittier, CA
Reference: Janvi Kanani, AIA, Project Architect, IBI
(213) 769-0011 ext. 56104 I [email protected]
Dates: 2020 —Ongoing
A.24 City of Placentia I On -Call Landscape Architecture and Design Services RFQ
ACcRD®
Cc CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
11/14/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
CA 94549
License#: 6003745
CONTACT
NAME: JO LUSK
PHONE FAX
(A/C, No. Eat): 510-272-1465 (A/C, No):
E-MALafayette
ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: BERKLEY INSURANCE COMPANY
32603
INSURED MIGINC0-01
MIG, Inc.
Moore lacofano Goltsman, Inc.
800 Hearst Ave
Berkeley CA 94710
INSURER B : Travelers Property Casualty Company of America 25674
INSURER c : The Travelers Indemnity Company of Connecticut 25682
INSURER D : The Travelers Indemnity Company
25658
INSURERE:
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 1131571936
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUER
WVO
POLICY NUMBER
POLICY EFF
IMM/DD/YYYY)
POLICY EXP
IMM/DD/YYYY)
LIMITS
C
X
COMMERCIAL GENERAL LIABILITY
Y
Y
6801H899998
8/31/2023
8/31/2024
EACH OCCURRENCE
$1,000,000
CLAIMS -MADE
X
OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 1,000,000
X
Contractual Liab
MED EXP (Any one person)
$ 10,000
Included
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L
AGGREGATE
POLICY
OTHER!
LIMIT APPLIES
X 78:
PER:
LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
C
AUTOMOBILE
X
X
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
Y
Y
BA0S579947
8/31/2023
8/31/2024
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
B
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
Y
Y
CUP0H758762
8/31/2023
8/31/2024
EACH OCCURRENCE
$ 10,000,000
AGGREGATE
$ 10,000,000
DED X
RETENTION $ n
$
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N
N /A
Y
UB2L553909
8/31/2023
8/31/2024
X PERTUTE
STA
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
A
Professional Liability &
Contr. Pollution Liab Included
AEC907002005
8/31/2023
8/31/2024
Per Claim/5,000,000
Included
$5,000,000/Aggr
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Umbrella Liability policy is a follow -form to its underlying Policies: General Liability/Auto Liability/Employers Liability.
Project #5628.00, Placentia On Call
The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are named as an additional insured as respects general liability and auto liability as required per written contract. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s).
CERTIFICATE HOLDER
City of Placentia
Attn: Elsa Robinson
401 E. Chapman Ave.
Placentia CA 92870
CANCELLATION 30 Da Notice of Cancellation
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHOR�SENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER : 680-1H899998
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Names of Additional Insured Person(s) or Organization(s):
Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed.
Location of Covered Operations:
Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in-
clude as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
CG D3 61 03 05
CG T8 03 08 23
This insurance does not apply to "bodily injury" or
"property damage" occurring, or "personal injury"
or "advertising injury" arising out of an offense
committed, after:
1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, mainte-
nance or repairs) to be performed by or on
behalf of the additional insured(s) at the loca-
tion of the covered operations has been com-
pleted; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization
other than another contractor or subcontrac-
tor engaged in performing operations for a
principal as a part of the same project.
Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. ncludes copyrighted material of Insurance Services Office, Inc. with its permission.
DATE OF ISSUE: 08/06/2023 Page 1 of 1
POLICY NUMBER : 680-1H899998 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products -completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs.
Location And Description Of Completed Operations
Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II — Who Is An Insured is amended to in-
clude as an additional insured the person(s) or or-
ganization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the CG 20 37 07 04
CG T8 04 08 23
location designated and described in the schedule of
this endorsement performed for that additional in-
sured and included in the "products -completed opera-
tions hazard".
© ISO Properties, Inc., 2004
DATE OF ISSUE: 08/06/2023
Policy # 6801H899998
COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also_
Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non -Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and non-
contributory basis, this insurance is primary to
other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury' or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.
The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.
7 Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
SECTION V — DEFINITIONS
1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, products or services
for the purposes of attracting customers or
supporters is considered an advertisement.
G 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy # 6801H899998
occupational therapist or occupational
therapy assistant, physical therapist or
speech -language pathologist; or
(b) First aid or "Good Samaritan services"
by any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.
3. The following replaces the last sentence of
Paragraph 5. of SECTION III - LIMITS OF
INSURANCE:
For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed
to be one "occurrence".
4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I -
COVERAGES - COVERAGE A - BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY:
Sale Of Pharmaceuticals
"Bodily injury" or "property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the ---
knowledge or consent of the insured.
5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x-
ray or nursing service or treatment,
advice or instruction, or the related
furnishing of food or beverages; or
b. The fumishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.
6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis,
COMMERCIAL GENERAL LIABILITY
that is available to any of your "employees"
for "bodily injury" that arises out of providing
or failing to provide "incidental medical
services" to any person to the extent not
subject to Paragraph 2.a.(1) of Section II —
Who Is An Insured.
K. MEDICAL PAYMENTS - INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION III - LIMITS OF INSURANCE:
7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses
because of "bodily injury" sustained by any
one person, and will be the higher of:
a. $10,000; or
b. The amount shown in the Declarations of
this Coverage Part for Medical Expense
Limit.
L. AMENDMENT OF EXCESS INSURANCE
CONDITION - PROFESSIONAL LIABILITY
The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This insurance is excess over any of the other
insurance, whether primary, excess, contingent
or on any other basis, that is Professional
Liability or similar coverage, to the extent the
loss is not subject to the professional services
exclusion of Coverage A or Coverage B.
M. BLANKET WAIVER OF SUBROGATION —
WHEN REQUIRED BY WRITTEN CONTRACT
OR AGREEMENT
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:
If the insured has agreed in a written contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the signing of that contract or
agreement.
CG D3 79 02 19
© 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy Number: BA0S579947
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS - INCREASED
LIMITS
F. HIRED AUTO - LIMITED WORLDWIDE COV-
ERAGE - INDEMNITY BASIS
G. WAIVER OF DEDUCTIBLE - GLASS
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:
Any organization you newly acquire or form dur-
ing the policy period over which you maintain
50% or more ownership interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision is afforded only un-
til the 180th day after you acquire or form the or-
ganization or the end of the policy period, which-
ever is earlier.
B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II — COVERED
AUTOS LIABILITY COVERAGE:
Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an addi-
tional insured is an "insured" for Covered Autos
Liability Coverage, but only for damages to which
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE - INCREASED LIMIT
I. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED LIMIT
J. PERSONAL PROPERTY
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II — COV-
ERED AUTOS LIABILITY COVERAGE:
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your busi-
ness.
2. The following replaces Paragraph b. in B.5.,
Other Insurance, of SECTION IV — BUSI-
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov-
ered "autos" you own:
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
CA T3 53 02 15
© 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
permission, while performing duties
related to the conduct of your busi-
ness.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".
D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
Any "employee" of yours is an "insured" while us-
ing a covered "auto" you don't own, hire or borrow
in your business or your personal affairs.
E. SUPPLEMENTARY PAYMENTS - INCREASED
LIMITS
1. The following replaces Paragraph A.2.a.(2),
of SECTION II — COVERED AUTOS LIABIL-
ITY COVERAGE:
(2) Up to $3,000 for cost of bail bonds (in-
cluding bonds for related traffic law viola-
tions) required because of an "accident"
we cover. We do not have to furnish
these bonds.
2. The following replaces Paragraph A.2.a.(4),
of SECTION II — COVERED AUTOS LIABIL-
ITY COVERAGE:
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $500 a day be-
cause of time off from work.
F. HIRED AUTO — LIMITED WORLDWIDE COV-
ERAGE — INDEMNITY BASIS
The following replaces Subparagraph (5) in Para-
graph B.7., Policy Period, Coverage Territory,
of SECTION IV — BUSINESS AUTO CONDI-
TIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trade sanction, em-
bargo, or similar regulation imposed by the
United States of America applies to and pro-
hibits the transaction of business with or
within such country or jurisdiction, for Cov-
ered Autos Liability Coverage for any covered
"auto" that you lease, hire, rent or borrow
without a driver for a period of 30 days or less
and that is not an "auto" you lease, hire, rent
or borrow from any of your "employees",
partners (if you are a partnership), members
(if you are a limited liability company) or
members of their households.
(a) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(i) You must arrange to defend the "in-
sured" against, and investigate or set-
tle any such claim or "suit" and keep
us advised of all proceedings and ac-
tions.
(ii) Neither you nor any other involved
"insured" will make any settlement
without our consent.
(iii) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".
(iv) We will reimburse the "insured" for
sums that the "insured" legally must
pay as damages because of "bodily
injury" or "property damage" to which
this insurance applies, that the "in-
sured" pays with our consent, but
only up to the limit described in Para-
graph C., Limits Of Insurance, of
SECTION II — COVERED AUTOS
LIABILITY COVERAGE.
(v) We will reimburse the "insured" for
the reasonable expenses incurred
with our consent for your investiga-
tion of such claims and your defense
of the "insured" against any such
"suit", but only up to and included
within the limit described in Para-
graph C., Limits Of Insurance, of
SECTION II — COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends when we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(b) This insurance is excess over any valid
and collectible other insurance available
to the "insured" whether primary, excess,
contingent or on any other basis.
(c) This insurance is not a substitute for re-
quired or compulsory insurance in any
country outside the United States, its ter-
ritories and possessions, Puerto Rico and
Canada.
© 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
You agree to maintain all required or
compulsory insurance in any such coun-
try up to the minimum limits required by
local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory in-
surance requirements.
(d) It is understood that we are not an admit-
ted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and Can-
ada. We assume no responsibility for the
furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.
G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D., Deducti-
ble, of SECTION III — PHYSICAL DAMAGE
COVERAGE:
No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF
USE — INCREASED LIMIT
The following replaces the last sentence of Para-
graph A.4.b., Loss Of Use Expenses, of SEC-
TION III — PHYSICAL DAMAGE COVERAGE:
However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident".
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
The following replaces the first sentence in Para-
graph A.4.a., Transportation Expenses, of
SECTION III - PHYSICAL DAMAGE COVER-
AGE:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense in-
curred by you because of the total theft of a cov-
ered "auto" of the private passenger type.
J. PERSONAL PROPERTY
The following is added to Paragraph A.4., Cover-
age Extensions, of SECTION III — PHYSICAL
DAMAGE COVERAGE:
Personal Property
We will pay up to $400 for "loss" to wearing ap-
parel and other personal property which is:
(1) Owned by an "insured"; and
CA T3 53 02 15
(2) In or on your covered "auto".
This coverage applies only in the event of a total
theft of your covered "auto".
No deductibles apply to this Personal Property
coverage.
K. AIRBAGS
The following is added to Paragraph B.3., Exclu-
sions, of SECTION III — PHYSICAL DAMAGE
COVERAGE:
Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that in-
flate due to a cause other than a cause of "loss"
set forth in Paragraphs A.1.b. and A.1.c., but
only:
a. If that "auto" is a covered "auto" for Compre-
hensive Coverage under this policy;
b. The airbags are not covered under any war-
ranty; and
c. The airbags were not intentionally inflated.
We will pay up to a maximum of $1,000 for any
one "loss".
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV - BUSINESS AUTO CONDITIONS:
Your duty to give us or our authorized representa-
tive prompt notice of the "accident" or "loss" ap-
plies only when the "accident" or "loss" is known
to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability com-
pany);
(d) An executive officer, director or insurance
manager (if you are a corporation or other or-
ganization); or
(e) Any "employee" authorized by you to give no-
tice of the "accident" or "loss".
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - BUSINESS AUTO CONDI-
TIONS :
5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the ex-
tent required of you by a written contract
signed and executed prior to any "accident"
or "loss", provided that the "accident" or "loss"
arises out of operations contemplated by
© 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
such contract. The waiver applies only to the
person or organization designated in such
contract.
N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B.2., Con-
cealment, Misrepresentation, Or Fraud, of
SECTION IV - BUSINESS AUTO CONDITIONS:
The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. How-
ever this provision does not affect our right to col-
lect additional premium or exercise our right of
cancellation or non -renewal.
© 2015 The Travelers Indemnity Company. All rights reserved . CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy#: BA0S579947
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON-CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
PROVISIONS
1. The following is added to Paragraph A.1.c., Who
Is An Insured, of SECTION II — COVERED
AUTOS LIABILITY COVERAGE:
This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person's or organization's liability for the
conduct of another "insured".
CA T4 74 02 16
2. The following is added to Paragraph B.5., Other
Insurance of SECTION IV — BUSINESS AUTO
CONDITIONS:
Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is the
first named insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory.
© 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
TRAVELERS)
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A) -
POLICY NUMBER: UB2L553909
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation pre- mium.
Schedule
Person or Organization Job Description
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Insurance Company Countersigned by
The Travelers Indemnity Company
DATE OF ISSUE: 11/14/2023 Page 1 of 1
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
HIRSCH & ASSOCIATES, INC.
THIS AGREEMENT is made and entered into this 21ST day of November, 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Hirsch & Associates, Inc., a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide on -call landscape architecture and design services as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have 2 Rev. 08/2017
access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A." Consultant's total compensation shall not exceed Three Hundred Fifty Thousand Dollars ($ 350,000.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A." The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time 3 Rev. 08/2017
extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of three years, ending on November 21, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. One (1) two-year extension is available on Consultant performance and at the discretion of the City. Approval of the term extension is contingent upon City Council review and approval at the conclusion of the initial three-year term.s
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including 4 Rev. 08/2017
the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. 5 Rev. 08/2017
Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.
The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.
If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
6 Rev. 08/2017
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be 7 Rev. 08/2017
changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
Hirsch & Associates, Inc.
2221 East Winston Road, Suite A
Anaheim, CA 92806
Tel: 714-776-4340
Attn: Charles Foley
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8132
Attn: Chris Tanio
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governinc Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness, or willful misconduct by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, 8 Rev. 08/2017
or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 9 Rev. 08/2017
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City 10 Rev. 08/2017
while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Richts. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
11 Rev. 08/2017
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
Date:
Damien R. Arrula, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
CONSULTANT — Hirsch & Associates, Inc.
Oka is Fe,tui
Signature
Charles Foley
Charles Foley, President
330299754
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
12 Date:
Date:
11/8/2023
Rev. 08/2017
APPROVED AS TO INSURANCE:
Date:
Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:
C(Lihs D 10
Chris Tanio, Deputy Director/City Engineer
DEPARTMENTAL APPROVAL:
Luis fsfwt.5
Luis Estevez, Deputy City Administrator
13 Date:
Date:
11/8/2023
11/8/2023
Rev. 08/2017
EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
14 Rev. 08/2017
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 Rev. 08/2017
HIRSCH & ASSOCIATES, INC.
LANDSCAPE ARCHITECTURE & PLANNING
City of Placentia
Attn: Chris Tanio, PE, Deputy Director/City Engineer
401 E. Chapman Ave
Placentia, Ca. 92870
On -Call Landscape Architecture & Design Services
10-19-23
Hirsch & Associates, Inc. (HAI) has creative and extensive experience in all aspects of Landscape Architectural design required to lead projects for the City of Placentia and is pleased to present our qualifications. Our diverse project experience shall provide a complete and successful delivery of projects on call. We and our team members have successfully designed park renovations, streetscapes, estimates, specifications, provided community outreach and presentations to Commissions and Council, bidding assistance, provided construction support and management.
I will provide personal service and attention to the City. I will have direct and continuous responsibility in all matters dealing with planning and design as well as direct our in-house design staff, sub consultants and attend all meetings. I shall be the contract point of contact and am duly authorized to bind HAI contractually with the City. My email address is chuck hailandarch.com, phone extension 108.
HAI is uniquely qualified to be selected presenting;
• Relevant recent history with the Cities of Long Beach, Commerce, Arcadia and Redondo Beach providing On -Call services for various Landscape Architecture design services. • An expert understanding of AB 1881 Model Water Efficiency Landscape Ordinance and how it applies to public landscapes.
• An expert understanding of County Low Impact Development Standards (LID) and how they relate to Parks and overall development.
• An expert understanding of the "Americans with Disabilities Act" and experience with how the Act applies to park and recreation facilities.
• Project recognition by the California Park and Recreation Society in being presented with (2) Special Award of Excellence, (8) Environmental Planning Awards, (3) Awards of Merit and (1) Creating Community Award of Distinction for park planning design. • Project recognition by the American Public Works Association (APWA) with (2) Project of the Year Awards and (1) Traffic, Mobility and Beautification Award. • Principal design consultant for over (300) sports & community parks, recreation facilities, streetscapes and public works projects throughout Southern California.
Thank you
oley, President
CA RLA#5567, ASLA
2221 EAST WINSTON ROAD, SUITE A, ANAHEIM, CALIFORNIA 92806 PHONE 714-776-4340 FAx 714-776-4395 WWW.HAILANDARCH.COM LA#17 I0
TABLE OF CONTENTS
Section C Summary Sheet Pages 1-4
Section D Allocation of Resources Pages 4-5
Section E Understanding of Scope of Work Pages 5-11
Section F References Pages 11-23
Section G Certification of Proposal Pages 24
RFQ No. PW-23-01: On -Call Landscape Architecture & Design Services
APPENDIX B
SUMMARY SHEET
Firm Name: Hirsch & Associates, Inc. Landscape Architects Firm Parent or Ownership: C Corporation
Firm Address: 2221 East Winston Rd. Suite A Anaheim, Ca. 92806 Firm Telephone Number: 714-776-4340 x108
Firm Fax Number: 714-776-4396
Number of years in existence: 43
Management Contact (person responsible for direct contact with the City of Placentia and services required for this Request for Proposal):
Name: Charles Foley Title: President
Telephone Number: 714-776-4340 x108
Email: [email protected]
Fax: 714-776-4395
Project Manager (Person responsible for day-to-day servicing of the account):
Name. Title:
as Above Title:
Telephone Number: Fax:
Email:
Types of services provided by the firm:
Full Service Landscape Architectural Design and Planning Services with Engineering, Architectural and CEQA sub consultants
1 Organizational Chart
ity of Placentia
Charles Foley, President
Architect of Record
Landscape Architect CA #5567
Mark Hirsch, Project Manager
Vice President
Landscape Contractor C956898
Certified Irrigation Auditor 84847
Pam Brown
Senior Designer
Landscape Architect #5866
Techical Drafting Staff
Designers
Rick Crane
Crane Architectural
Architecture
Robert DePrat P.E.
Blue Peak Engineering
Civil Engineering
Mike Read
IDS Group
Electrical Engineering
Structural Engineering
Chris Vassallo PLS
Pacific Land Consultants
Survey
Dudek
CEQA
2 Charles Foley, ASLA
President
Education: B.S. Landscape Architecture, California State Polytechnic University Years with Firm: 27
Registration: Landscape Architect CA#5567
Experience
Mr. Foley joined Hirsch & Associates, Inc. in 1996 and has increased his capacity with the firm from draftsman to his present position of President. He is responsible for the design and development of a wide range of projects for both public and private development including Streetscapes, Commercial/Retail Centers, Master Planned Residential Community Development, Specialty projects such as Memorials and Water Features as well as Park and Recreation design. Mr. Foley is responsible for client contract negotiations, oversight of staff and project consultants, delivery of product to clients as well as client relationships.
Mr. Foley has proven his design capabilities and project management with award winning projects for both public and private sectors. Awards include Awards of Excellence in for Rotary Centennial Park, City of Long Beach; and Barnes Park, City of Baldwin Park from the California Park and Recreation Society. Master Plan and construction oversight of Cesar Chavez Park, City of Orange won an Award of Excellence and the Creating Community Award of Distinction, presented by the California Parks and Recreation Society, APWA Southern California Project of the Year awards.
Mr. Foley will be in charge of the design and development for the entire life of the contract.
He will be the Architect of Record and manage all staff and sub consultants as well as control schedule.
NIMark Hirsch, IA
Vice President
Education: A.A. Construction Management, College of the Redwoods A.A. Horticulture, Fullerton College
Years with Firm: 25
Registration: Licensed Landscape Contractor, CA #956898 Certified Irrigation Designer, Certified Water Auditor #84847 Experience
Mr. Hirsch has 30 years of experience in the landscape design and construction industry. Before joining Hirsch & Associates, Inc. 1998, Mr. Hirsch obtained 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 and Senior Project Manager. 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.
Mr. Hirsch will manage the design of the project with input from Charles Foley. He will specifically look at constructability and irrigation renovation/redesign, production of documents.
Affiliations
IA Irrigation Association
California Landscape Contractor Association
California Park & Recreation Society
3 Pamela Brown, ASLA
Senior Designer Education: B.S. Landscape Architecture, California State Polytechnic University
Years with Firm: 15
Registration: Landscape Architect CA#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.
Ms. Brown shall be involved in the project the life of the contract. She will be responsible for design and creative development of concepts, production of documents. During the construction phase she will assist Mr. Foley and Mr. Hirsch providing back up of design intent technical support. She will coordinate with technical production staff in our office.
Affiliations
American Society of Landscape Architects, ASLA
D. ALLOCATION OF RESOURCES
HAI is a growing Landscape Architectural design firm currently delivery exciting and forward thinking projects to public agencies on an On -Call basis. We will apply the same resources and approach to the City of Placentia as we have done for others successfully. The cornerstone of this approach is Principal involvement throughout the entire life of the contract. We take great pride in the projects we design and bring a sense of ownership and urgency to the City of Placentia.
Our approach to work with the City will be to work closely with City Staff and the Community in the conceptual planning stage of project design. This task will consist of review and comment by City Staff on design concepts prepared by HAI, gathering information from City staff as it relates citizen organizations, community groups, and special user groups to ensure the completed design reflects the true needs of the City and citizens.
Within this operational framework the following key points will be defined.
A. Establish a sensitive, yet practical, design theme and character utilizing landscape and architectural features to identify a project's unique setting. The attention to details, color coordination and design character must be sensitive to the character and scale of the surrounding neighborhood.
B. Consider various circulation factors affecting development; bicycle, pedestrian, automobile and handicapped access are all significant transportation aspects. The handicapped will be afforded direct access to all projects.
C. Develop a concept that includes existing facilities, passive activities to accommodate existing uses and activities to anticipate and meet changing program needs.
D. Compliment and reinforce the total project design scheme. We are cognizant of maintenance costs associated with development. Therefore, we provide solutions, which are sympathetic to both aesthetic and economic considerations.
4 E. Provide creative and exciting opportunities for all in users keeping in mind the health, safety and welfare of the users.
F. Incorporate passive and economically feasible active energy conservation measures. We accept this responsibility as an integral part of our design.
H. Provide a distinctive scheme that clearly identifies the project as a resource, community focus and an enhancement to the overall environment of the area.
E. UNDERSTANDING OF SCOPF/DFT/!L_Er) WORK PLAN
Provide professional Landscape Architectural services for public works/City Park, Streetscapes and other facilities with community involvement and input, including but not limited to:
A. Conduct Community Work Session and Meeting to gather input, feedback and project support.
B. Irrigation and landscaping improvements.
C. Development of new park facilities
D. Renovation of existing parks
E. A.D.A. compliance improvements.
F. Preparation of landscape planting and irrigation plans.
G. Parking lot and hardscape and similar infrastructure improvement plans.
H. Streetscape Improvements
I. Preparation of project special provisions and technical specifications.
J. Provide cost estimates.
K. Provide constructability review.
L. Provide construction observation and support services.
INITIAL_ PLANNING
1. Documents Review.
The City will provide all existing documentation it has on file for the projects that may include topographical survey data and plans, utility locations and depths, survey information, copy of geotechnical engineering reports, copies of easement documentation, list of agencies having jurisdiction over the project and the contact person for the agency, all recorded parcel, tract or lot maps, legal descriptions, street improvement plans, storm drain plans, sewer plans, domestic water plans with water meter size and water use records for the last three years, current flooding information and conduct a agricultural soil suitability test to determine soil type, percolation rate, and soil chemistry and fertility.
2. Pre -Design Kick-off Meeting.
Conduct, and coordinate a kick-off meeting. All design team members, City staff, and representatives will attend the meeting from other agencies as necessary. The meeting will afford an opportunity to review the project schedule, key milestones, deliverables, project management protocol, data collected, project information, and to set dates for upcoming meetings, activities, and coordinate and design issues.
3. Project Management.
Meet with City Staff, and others as directed to establish communications and formulate working relationships. Provide overall project management, project scheduling, organize monthly meetings, prepare meeting minutes, prepare meeting agenda, develop and maintain tracking log, update schedule and budget from time to time as required. Consult and coordinate with all team members and relevant agencies have jurisdiction over project throughout the entire length of the project.
4. Project Coordination.
Coordination shall be done with City Staff, utility companies, and other relevant agencies. It is anticipated multiple individual meetings with each agency will be necessary throughout the course of the project to ensure all requirements are fully addressed and incorporated into the final construction documents, plans, 5 and specifications.
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 projects Planning Phase, Design Development Phase, Construction Document Phase, Cost Estimating Phase, Bidding and Construction Phases. HAI, Hirsch & Associates, Inc shall take direction only from City Representative.
Schedule.
Meet with the all parties to establish a preliminary project schedule at the beginning of the project. The Project schedule will be update from time to time during project design and development. HAI has provided a preliminary schedule as part of our proposal for your consideration.
PRELIMINARY DESIGN
1. Project Feasibility.
Provide advice and assistance in determining the feasibility of the Project, analysis the type and quality of materials and construction methods to be selected, and other initial planning matters.
2. Preliminary Design.
In cooperation with the City, Hirsch & Associates shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, incorporate the functional requirements of City into the preliminary plan and develop a phasing plan for park development. Hirsch & Associates shall include all revision required by City and local agency having jurisdiction over the Project.
Budget
Hirsch & Associates shall work with the City to establish a realistic preliminary project budget for all three development Phases of the park. The purpose of the Preliminary Project Budget is to show the probably project cost in relation to City's budget and available funding. We shall use our best judgment in determining the balance between the size, type and quality of construction to achieve a satisfactory solution to determine the Project budgets. If we perceive any site conditions, which render the Project expensive or cost prohibitive, Hirsch & Associates shall disclose such conditions in writing to City immediately.
4. Public Meetings.
Using our proven public communication meetings/methods, conduct community meetings to garner input and support for each projects we undertake. Hirsch & Associates shall also present preliminary design plans to City Staff and City Council to receive comment and approval.
DESIGN DEVELOPMENT
1. Design Development Documents.
Once City provides us with specific written approval of the Preliminary Plan, Hirsch & Associates shall prepare design development documents consisting of drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of each Phase of the park development. The Design Development Documents shall be prepared in AutoCAD 2021 and sufficient detail to present to the City for approval.
2. Updated Project Budget.
6 Once City provides us with specific written approval of the Design Development Documents, Hirsch & Associates will update the Preliminary Project Budget.
Meet with the all parties to review the preliminary project schedule and develop a final project budget.
The Project schedule will be update from time to time during project final design and approval process.
FINAL WORKING DRAWINGS AND SPECIFICATIONS
1. Final Working Drawings and Specifications. Once City provides us with specific written approval of the Design Development Documents Hirsch & Associates shall prepare complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner ("Final Working Drawings and Specifications"). Such Final Working Drawings and Specifications shall be development from the Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following: (1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and all site work, water, power and storm drain improvements. Final working drawings will generally consist of the following for project development.
Cover Sheet
• General Requirements and Notes
• Demolition (Clearing and Grubbing)
• Landscape Grading Plans and Details (including horizontal and vertical control) • Erosion Control Plan and Details
• Site Construction Plans and Details
• Structural Details and calculations (if required)
• Site Electrical Plan, Calculations and Details including Title 24 compliance • Landscape Plans and Details
• Irrigation Plans and Details
• SWPPP and WQMP Documents (provided as project requires)
2. Form.
The Final Working Drawings and Specifications shall be in such form as required by the City to secure the required permits and approvals from City or local agencies having jurisdiction over the Project. In addition, the Final Working Drawings and Specifications shall be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards. The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Hirsch & Associates. All plans will be prepared in AutoCAD 2019. All specification will be prepared per the Construction Specification Index (CSI), 16 -part specification, and reference the Standard Specifications for Public Works Construction
3. Approval and Revisions
City shall review, study, and check the Final Working Drawings and Specifications presented to the City by Hirsch & Associates and request any necessary revisions to obtain all necessary approvals. Hirsch & Associates shall make all City -requested changes and correction in the Final Working Drawings and
Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction. 4 Costs of Coy„strlotion
,
Hirsch & Associates shall work with the City to establish a realistic 'Final Project Budget' based upon the Final Working Drawings and Specifications. The Final Project Budget will be based upon quantities with unit prices extended to determine the final cost.
The City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Hirsch & Associates fees. Should the Final Project Budget determine that the total construction cost will exceed the specified sum, Hirsch & Associates shall at once present a statement in writing to the City's setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based. After review of the Final Project Cost, City shall provide direction to Hirsch & Associates on how to proceed with its work.
CONTRACT DOCUMENT PHASE
1 - Contract Documents.
In Conjunction with the City, Hirsch & Associates shall assist the City in the completion of all bidding and construction documents, including the Notice Inviting Bids, Instruction to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), Special Conditions and Special Provisions that may be required by state and local laws. All such documents shall be subject to the approval of City and City's legal counsel.
2. Final Estirnat:
At the time of delivery of the Contract Documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the "Construction Documents"), Hirsch & Associates shall provide City with its final estimate of probable construction cost ("Final Estimate").
BID PHASE
1 Reproducible Construction Documents.
Once City provides Hirsch & Associates with specific written approval of the Construction Documents and the Final Estimate, Hirsch & Associates shall provide to City one set of reproducible Construction Documents digitally in PDF format for posting on the City's FTP site for download by prospective bidders.
2. Distribution of Contract Documents and Review of Lids.
City shall distribute the Construction Documents to bidders, conduct the bid opening and review bids for the Project. Hirsch & Associates shall review bids received and provide comments to the City as to questions concerning the project budget
Response to Request of Clarification.
Hirsch & Associates shall review all questions received by the City from bidders requesting clarification and/or additional information and prepare a written response to the City of inclusion in an Addendum issued by the City.
CONSTRUCTION OBSERVATION PHASE
1. Hirsch & Associates shall assist City and respond to any request or directives made by phone, fax or E-mail. Hirsch & Associates shall request clarification from the City in writing if Hirsch & Associates should have any questions regarding the directions given by City that are not consistent with the plans and specifications.
8 2. Hirsch & Associates, when requested by the City, shall attend project meetings with City Staff, contractors, and project manager on a weekly or bi-weekly schedule during project construction.
3. Hirsch & Associates will provide the following services for the project and will attend pre -construction meeting, coordinate with city project manager, city staff, city inspectors in as may become necessary during the project design and construction, and accordance with the project construction schedule. • Provide interpretation and clarification to the construction documents. • Review and approve product submittals and shop drawings in accordance with construction documents and scope of work.
• Visit local nurseries to inspect and approve all plant material prior to delivery to the project site. • Attend on -site project meetings on a weekly basis to review work of the contractor and prepare written reports of meetings for distribution to all parties. • Coordinate with all parties by telephone, fax and e-mail as necessary. • Review construction schedule and provide comments.
• Maintain all project documents, drawings, contract change orders, contractor submittals, shop drawings and correspondence.
• Observe and approve all soil preparation material, planting methods, and finish grading prior to planting.
• Observe and approve the installation of all site construction items. • Respond to contractor's Request for Information (RFI's) and other questions during project construction.
• Conduct substantial project completion inspection at request of the City and prepare punch list.
Review and approve punch list items upon their completion. • Conduct final project inspection upon completion of construction, 30 -day Plant Establishment and 60 -day Post Installation Landscape Maintenance Period, and issue letter of acceptance to City. • Review and approve all contractor supplied closeout items, manuals and charts for all equipment and systems as specified in the contract specifications.
QUALITY CONTROL — QUALITY ASSURANCE
Quality Control is performed throughout the project life cycle to produces deliverables free of errors.
During the project design phase all plans and specification are prepared in accordance with Best Management Practices (BMPs), industry standards and Public Work Standards. All documents are submitted to the client and top-level team members for review and comment at the completion of Initial Planning Phase (5%), Preliminary Design Phase (20%), Design Development Phase (35%), Final Working Drawings and Specifications Phase (50%, 90%) and Contract Document Phase (100%). 1 Initial Planning Phase
1.1 Identify all Team Members
1.2 Functional Responsibilities of Team Members
Project Manager
Designer
Client Personnel
Utility Providers
Document gathering and verification
Meeting Protocol
1.3 Project Timing and Budget
9 1.4 Governing Policies and Agencies
2. Prelim,
2.1 Establish General Conditions
2.2 Identify Design Standards and Guidelines
2.3 Establish Design Limitations
2.4 Prepare Preliminary Plans
2.5 Presentation of Preliminary Plans to client and agencies for approval
2.6 Plan Review, Comment and Approval
Comment Resolution
2.7 Develop preliminary probable cost estimate
Establish preliminary project budget
3. Design
3.1 Identify all material, operating systems and construction procedures
3.2 Establish material cost and availability
3.3 Present information to client for review and comment Comment Resolution
3.4 Refine Preliminary Probable Cost Estimate
Refine preliminary project budget
4. Fina =o?cifications Phase
4.1 Prepare 50% working drawing
Submit to client and agencies for review and comment
Submit plans to in-house reviewer
Document all comments received
Comment Resolution
4.2 Revise working drawing per comments received
4.3 Refine Preliminary Probable Cost Estimate
4.4 Prepare 90% working drawing and specifications
Submit to client and agencies for review and comment
Submit plans to in-house reviewer
Document all comments received
Comment Resolution
4.2 Refine Preliminary Probable Cost Estimate
Establish Final Project Budget
4.3 Revise working drawing per comments received and Final Budget
4.4 Prepare 100% Final Working Drawings and Specifications Submit to client and agencies for review and approval
Submit plans to in-house reviewer for approval
Document all approvals
4.5 Prepare Final Cost Estimate for approval by client
5. Contract Document Phase
5.1 Obtain front-end bid documents from client.
5.2 Assemble all drawing, specifications and front-end documents
5.3 Submit assembled documents to client for review and approval
5.4 Submit assembled documents to in-house review for review and approval
5.5 Resolve any conflicts between documents and certify documents 10 5.6 Submit all documents to client for bidding
Quality Assurance is performed during the project construction phase by providing review and approval of all products and construction procedures as specified in the construction documents and required per code. Review and approval of all product submittals submitted or requested by the contractor prior to purchase and installation. Coordination with product manufacturers and their representatives during installation of specified and approved products as well as daily, weekly or bi-weekly observation of the contractor's work through the duration of the project.
F. ON -CALL REFERENCES
Eric Lopez, Public Works Director, City of Long Beach 562-570-5690, [email protected] Working on an On Call basis since 2014 with the City of Long Beach. Design of public spaces including trails, plaza and park space, sports courts with lighting, play areas, parking lots, sports fields, irrigation renovation and reduction of water use, planting and streetscapes.
Andrew Winje, City Engineer/Public Works, City of Redondo Beach 310-318-0661 andrew.win.e(c�redondo.orq
Working on an On Call basis since 2017 with the City of Redondo Beach. Design of public spaces including trails, park space, parks, parking lots, sport court planning, water reduction strategies, planting and irrigation.
Lisa Flores, Planning and Community Development Manager, City of Arcadia 626-574-5420 [email protected]
On Call services with the City of Arcadia reviewing residential and commercial landscape and irrigation design plans to verify compliance with State and City water reduction ordinances. Service contract 2016- 2023.
Gina Nila, Public Works Director, City of Commerce 323-722-4805 ginan(cr�ci.commerce.ca.us On Call services with the City of Commerce since 2020, currently designing a Gateway Monument sign and landscape/irrigation improvements for the City with the Caltrans Right of Way on Interstate 5.
HAI has not had a contract terminated in our professional history. 11 STATEMENT OF QUALIFICATIONS
PROJECT DIVERSITY
Parks &t 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 Et Guidelines
Landscape Plan Check Services
Public Plazas Et Fountains
Institutional
School Et Campuses
Correctional Facilities
Justice Et Police Facilities
Hospital Landscape Planning
Commercial
Commercial Power Centers
Office Et Business Parks
Residential
Planned Communities
Single Family Housing
Model Homes
Apartment Complexes
Firm Description
& Design
Specialty
Fountains
Water Features
Memorials
Transportation
Streetscapes
Freeway Landscape Design
City Monuments
Project Monuments
Hirsch Et 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, in- novative, sustainable and cost effective manner.
The knowledge gained on a wide range of projects allows the profes- sional staff of Hirsch Et 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 -conceived projects that exceed expectations.
Business Category
Certified Small Business Enterprise (SBE)
Veteran Owned Business Enterprise (VOBE)
Department of Water & Power Fountain,
City of Burbank
McCambridge Park,
City of Burbank
HIRSCH & ASSOCIATES, INC.
LANDSCAPE ARCHITECTURE & PLANNING
2221 EAST WINSTON ROAD, SUITE A
ANAHEIM, CALIFORNIA 92806
714-776-4340 FAX 714-776-4395
WWW.HAILANDARCH.COM ASLA
12 SERVICES
LANDSCAPE ARCHITECTURE
Capabilities
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.
Services
Park Master Planning
Feasibility Studies
Conceptual Studies
Community Outreach
Community Workshops
Sustainable Site Planning
Construction Documents
Project Management
Construction Administration
Low Impact Development
Water Harvesting
Irrigation Design (AB 1881)
Water Auditing
Water Budgeting
Water Consumption Reporting
Recycled Water Irrigation Design
ADA Compliance
Approach
Through our strong commitment to professional integrity and per- sonal service, Hirsch Et 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 a Associates, Inc. understands the many and varied responsi- bilities 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. Long term client relationship is our ultimate goal.
All plans and communications are computer generated, and all consul- tant team members are connected via the Internet, so data transfer is quick and efficient. We can interface our services with our clients in the same manner, if so desired.
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, INC.
LANDSCAPE ARCHITECTURE & PLANNING
0 F
m
13 SERVICES
CONTINUED
Philosophy
Planning, designing and building a project to meet today's needs is an all encompassing challenge. The practice of landscape architecture has become an integrated team effort, carefully 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 experi- ence; 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
Gymnasiums
Restroom Buildings
Engineering
Civil
Structural
Environmental
Construction Administration
Constructability Review
Entitlement Processing
Project Management
Insurance Information
Administration Buildings
Picnic Shelters
Concession Buildings
Electrical
Mechanical
Construction Management
Value Engineering
Construction Inspections
Hirsch Et Associates, Inc. maintains the following insurance cover- age limits may be increased upon request:
General Et Automobile Liability
Travelers
Limit: $2 Million Et $4 Million Aggregate
Professional Liability
Wesco
Limit: $1 Million
Worker's Compensation
Travelers
Limit: $1 Million
Fairmount Park,
City of Riverside
Janss Plaza Renovation,
University of California, Los Angeles
Central Park,
City of La Palma
Louis A. Pompei Memorial Park,
City of Glendora
HIRSCH & ASSOCIATES, INC.
LANDSCAPE ARCHITECTURE & PLANNING
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7J
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14 Project: Wilson Park Contact: John Jones, Director of Community Development Client: City of Torrance Retired 310-702-1102
Completed: December 2018
Construction Cost: $1.5 Million
Project Description
Wilson Park Splash Pad project, designed by HAI, provides a new amenity to replace a defunct pond within the existing Park. The design fi Iled the old pond and included a 1,450sf Splash Pad with recirculation system, pump equipment shed, Prefabricated Restroom Building, refurbished an existing fountain, concrete pad for future Outdoor Exercise area, relocated area lighting, minor landscape and irrigation improvements. The Splash Pad features in grade nozzles and jets with color changing LED lights. The project was designed to allow for future modifi cation/expansion of the Splash Pad to include above ground spray features as funding becomes available.
Subconsultants provided survey and electrical engineering.
WILSON PARK CONCEPTUAL DESIGN
15 IsProject: Belmont Pier Plaza Improvement Contact: Eric Lopez, Public Works Director Client: City of Long Beach 562-570-5690
Completed: 2023
Construction Cost: $500,000
Project Description
The City of Long Beach intends to install improvements at the Pier Plaza. The Plaza is the gateway to the Belmont Veterans Memorial Pier as well as intersection of the Bike and Pedestrian Pathway east and west segments. HAI designed the beach pathway expansion and improvements and Pier Parking Lot which were constructed in 2015. This new project focuses on the upper plaza which is bounded by Condominiums, Restaurants and Businesses. The intent is to brighten the area with new Festoon Lighting, changing existing light poles with new LED fixtures, install wayfinding signage and graphics, protect existing trees, new landscaping and identification signage on Ocean Blvd. Education/interest signage was designed by HAI which includes historic photos of the Long Beach waterfront and changes that have occurred starting from 1880. Additionally, local Artists will be providing imagery with painted vignettes on the concrete sidewalks. HAI has provided design of all elements and is currently providing construction support.
DSADES
``—ALONG Tye C
1880's 1890's 1900's
910'
1920's 1930
1940's
1950's
a
(—+.- To Pier
a
Remove Existing Planting and
Mulch and Replace with Succulent
Planting, Gravel Mulch. Existing
Irrigation System to Remain,
Typical All Raised Planters. Refer
to Photo Rendering, Sheet 8
Interpretive Signage
Opportunity at Railing,
2 Places
Festoon Lighting with Support
Posts and Tensioned Cable Grid
(13 posts). Refer to Photo
Rendering, Sheet 4 Reinstall Security Bollards-
Removeable (4 places)
(2) Carrotwood Trees to Replace
Unhealthy Coral Tree per City
Arborist's Direction
Remove Existing Planting and
Mulch and Replace with
Succulent Planting, Gravel
Mulch. Existing Irrigation
System la Remain, Typical All
Raised Planters. Refer to Photo
Rendering, Sheet B
Remove Existing In -Ground Tree
Up -Lighting, Typical All Tree
Planters, Where Occurs
Existing "Mad Biker Bike Racks- 9 Qty. Refresh
@ Paint and Relocate Per Layout on Plan. Located
Throughout Plaza, Typical. Parking for 18 Bicycles
Walkway Mural Artwork.
Design by City, Typical
Reinstall Security
Bollards- Removeable
(1 place)
Monument Sign
- with Option for In Ground
Up -Lighting. Refer to Photo
Rendering, Sheet5
..S
View Corridor
to Ocean
Walkway Mural
Artwork. Design
Provided by City,
Typical
Existing Vehicular
Parking Wayfnding
Sign Post
Exlsttng Light Pole (B places). Refresh Paint
and Replace Fixture Witt LED Fixture that
Screens Nuisance Light for Residents. Add
Banner Arms. Collar and Banners
Note: All tree canopies Wmmedtlhinned out to maximum
10% branch removal at the direction of the City Arborist.
Palms shall have any dead fronds and detritus removed.
BELMONT PIER PLAZA REFRESH - PLAN VIEW
CONCEPT'D' CITY OF
LONG BEACH, CA LONG BEACH
June 29, 2021
SCALE: 1' = 20'
PAGE 1 OF 10
16 Project: Mackay Park Contact: Nick Mangkalakiri, Senior Civil Engineer 714-229-6729 Client: City of Cypress
Completed: November 2017
Construction Cost: $2.7 Million
Project Description
Mackay Park is developed on a 2.9 acre portion of the former Mackay Elementary School property. The remaining portion of the school site has been redeveloped and features a new residential community.
The park design was derived through community meetings conducted by HAI with area residents as well as meetings with City Staff, Parks Commission and City Council. The park features both active and passive recreation with picnic shelters, separate tot lot and children's play structures, half basketball court, restroom building, exercise equipment, sculpture garden, decomposed granite pathways, bioswales and infiltration collection, solar lighting, open turf, native planting and a parking lot. 17 Project: Smith Park Contact: Ralph Aranda (Retired Parks Director) Client: City of Pico Rivera 562-400-3428
Completed: November 2013
Construction Cost: $8 Million
Project Description
The third and final sports park that HAI master planned, designed and provided construction support services to the City. HAI conducted community workshops for all three facilities steering the design process and ushering the designs and budgets through City Council. The park features artificial turf football/soccer field, grand stand seating for 400 people, (2) restroom concession stands with commercial kitchens, new play areas, (4) baseball/softball fields, lighting, picnic areas, parking lots, recycled water irrigation system and storm water catchment/infiltration. 18 Project: Belmont Shore Streetscape Contact: Nancy Villasenor, Project Manager Client: City of Long Beach 562-570-3165
Completed: August 2017
Construction Cost: $1.75 Million
Project Description
HAI conducted community meetings with area residents, Belmont Shore Parking Commission, Belmont Shore Business Association and District Council Member to craft the design for the beautification of this half mile section of Second Street. Problematic Ficus trees were removed as well as deteriorated landscape and inefficient above ground spray irrigation. The project features additional palm trees, drought tolerant plantings, raised planters, decorative concrete, landscape and column LED lighting and below grade drip irrigation saving water and providing a landscape that requires less maintenance.
Decorative color and aggregate seeded concrete are reflective of wet sand patterns inspired from nearby beaches.
19 Project: SCE R/W Trails Contact: Andy Winje, City Engineer 310-318-0661 x2431 Client: City of Redondo Beach
Completed: 2020
Construction Cost: $750,000
Project Description
The existing SEC right of way located in North Redondo Beach includes several miles of trails. The City intends to improve each section of greenway with new decomposed granite trails for pedestrians to complement the existing concrete bike lanes. The existing facilities have outdated irrigation systems, poor drainage and are in disrepair. The first section to be improved is located at Artesia Blvd. on the north and south sides. The project includes new solar lighting, permeable parking lot, trails, and replacement of sections of bike path, irrigation and native plantings. SCE has very stringent development requirements within their R/W, this project is an accomplishment.
EXERCISE EOUIPMENT
STATNDNS
STA.,.OS 15. TALL M
NEW PORMEASLE SURFACE FARINA LOT
-S' CONCRETE CURB
EXISTING PEDESTRIAN PATH ,r_ ENQ+CISfi Ep11PMENT
�� sraTlwa
iS OVE EY+ ING
SOLM LIGHTS
LEI CONCRETE CURS
• F.NEinNG qL UIE
CONCRETE CURB !
NEW DROUGHT RESISTANT
UNOECAPS
LIANDCAP RAMP
,(2, STREET PARSING
STALLSTO GE
ji REWIRED
SINE STOP SICK
'I -PEDESTRIAN PATHWAY ENTRY
LAN 1 . L.IIN, �L
NEW LUKE !WRING ENEHC6EEOUIPMENT
RI SPACES' STATONS
=OUGHT RESIST."'
uNDSGu+E
EPCONCREIE CURB
L EXERCISE FAUPAE)(T
STATIONS. ON
CONCRETE,
REMOVE FASTING
i SOLAR LIGHTS -APPRCYIMATE CHIRWE DP
ENSTINO OIL!. SCE POPPER UW E
EXISTING OIL LINE ,
CONCRETE CURE
20 Project: Morgan Park Contact: Sabrina Chavez, Director Community Services Client: City of Perris 951-943-6603
Completed: August 2021
Construction Cost: $3.2 Million
Project Description
The City contracted with HAI to prepare a master plan for the Morgan Park Soccer Complex. The master plan included 21 acres with 3 soccer fields, community center with gymnasium, play areas, sport courts, picnic and gathering areas, restrooms and parking. Funding to construct the new facility required a phased approach. HAI prepared the construction drawings for Phase I in 2019 and constructed in 2021.
It features a full size adult field with overlays of smaller youth fields, restroom building, parking, bleachers, synthetic turf water cannon cooling system, native plantings, Musco Green sports lighting and perimeter trail. The infill for the field is organic material reducing heat gain from traditional rubber infill. Sustainable design practices include low precipitation rate irrigation system for plantings, compliance with National Pollution Discharge Elimination System by retention and percolation of on -site storm water and incorporation of Low Impact Development standards by use of existing land/topography to reduce site grading and eliminate import/export soil.
CITY OF I'ERRIS
Community Services Department
Capital Improvement Project: Morgan Park Phase 11
Synthetic Soccer Field, Itestroons and Parking
Construction Stem September 2027
Construction End"Nr:ei 2020
CITY COURC
Michael M. Vargas - Mayor
Rda Rogers - Mayor Pro Tern
Mabolm Corona - Coun almember
nlansela Magaaa- Councihxmber
Urns Start Rabb - Councilmemter
Nancy Salazar -Cay Clerk
CITY EXECUTIVE TEAM
Richard Belmudez - City Manager
Clara Miramon4es -Assistant City Manager
Isabel Carlos -Assistant City Manager
IrIfse
Better!
CITY PROJECT TEAM
Sabnna Chavez - Director oI Community Services
Eduardo Slda - Protect Manager
Luis Natera - Conebuclicn Manager
Jess!c Ga'ao.vay - Prgecl Coerdrator
Bei Hensley- Project Engineer. Interims( Group
Architect Contractor
Hirsch 8 Assocla'es Los Angeles Engineering, Inc
19 Project: Renovation of 14 Play Areas Contact: Eric Lopez, Director of Public Works Client: City of Long Beach 562-570-5690
Completed: 12 Completed, 2 Bidding for Construction
Construction Cost: $7 Million
Project Description
HAI is assisting the City in renovating a number of play areas throughout the City utilizing Long Beach Measure -A funding. Each play area being upgraded is intended to be different from the others. The play areas are considered to be "destination" play areas featuring unique equipment and site features such as slides built into hillsides, zip lines and custom play features featuring Dinosaurs and skateboard furnishings. The project started in 2017 and is still in progress based funding availability. Parks included are Drake, Eldorado, Jackson, Veterans, MLK, Whaley, Recreation, Channel View, Los Cerritos, Recreation, Colorado Lagoon, Cherry, Silverado and Ramona Parks. 20 Project: Eldorado Park Field
Client: City of Long Beach
Completed: September 2021
Construction Cost: $2.5 Million
Contact: Nancy Villasenor, Project Manager
562-570-3165
Project Description
HAI provided conceptual design, construction documents and estimates, permitting and construction support for this artificial turf field. The design is intentional without security fencing, open to the public. It is an adult size field with youth fields included with striping. The infill is cork and sand, ADA access was designed into the project from existing parking lot and right of way. The existing trees were protected in place around the perimeter. Boulders were included to prevent vehicular vandals from entering the field, dispersed among the existing trees. 25 of the boulders are engraved with unique silhouettes that HAI designed.
21 RFQ No. PW-23-01: On -Call Landscape Architecture & Design Services
APPENDIX C
CERTIFICATION OF PROPOSAL TO THE CITY OF PLACENTIA
1. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFQ), dated September 2023, and to be bound by the terms and conditions of the RFQ.
2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the proposer and that the proposer is responsible for them.
3. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
4. The proposal includes all of the commentary, figures and data required by the Request for Proposal, dated September 2023.
5. This firm has carefully read and fully understands all of the items contained in Section 7, General Requirements. This firm agrees to all of the general requirements except for those disclosed by the firm in project proposal, listed on an attachment.
6. The proposal shall be valid for 90 days from September 28, 2023.
Name of Firm: Hirsch & Associates, Inc.
By: �e
(Aut rized Signature)
Type Name: Charles Foley
Title: President
Date: 10-13-23
24 .-----1 HIRSC-1
A�--RIf) CERTIFICATE OF LIABILITY INSURANCE
OP ID: LE
DATE (MM/DDNYYY)
11/14/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER 909-890-9707
Unickel & Associates Insurance
Unickel & Assoc. Lic#0827703
P.O. Box 10727
San Bernardino, CA 92423-0727
CONTACT Angelina Quezada
NAME:
HO
(A//C,,No, Eat); 909-890-9707 I FAX
No):909-890-9237
E-MAIL :[email protected]
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A:Travelers PropCasCo of America
25674
I , SU ED
Hirsch & Associates, Inc.
2221 E. Winston Rd. Ste A
Anaheim, CA 92806
INSURER B ;Aspen American Insurance Compa
43460
INSURER C :Travelers Prop Cas Co of Am
25674
INSURER D :
INSURER E :
INSURER F :
COVERAGES
RTIFICATE NUMBER:
•
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
i TR
TYPE OF INSURANCE
ADDL
WqD
SUBR
wvn
POLICY NUMBER
POLICY EFF
(MMIDD/YYYYl
POLICY EXP
(SAM/DDIYYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
X
X
680-8S798388-23-47
10/14/2023
10/14/2024
EACH OCCURRENCE
$ 2,000,000
CLAIMS -MADE
X
OCCUR
DAMAGE TO REN D
PREMISES Ea occu ence)
$ 1,000,000
MED EXP (Anyone person)
$ 5,000
PERSONAL 8 ADV INJURY
$ 2,000,000
GEN'L
AGGREGATE
X
LIMIT APPLIES
jEa
PER:
LOC
GENERAL AGGREGATE
$ 4,000,000
PRODUCTS - COMP/OP AGG
$ 4,000,000
$
A
AUTOMOBILE
X
LIABILITY
X
SCHEDULED
AUTOS
AUTO S ONLY
X
X
BA -3W47756-23
01/24/2023
01/24/2024
COMBINED SINGLE LIMIT
(Ea accident)
1,000,000
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
(PerrPERT accident)
$
$
U
UMBRELLA LIAB
EXCESS LIAR
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED
RETENTION $
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N I A
X
UB-8S799914-23-47-G
10/14/2023
10/14/2024
X PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
1,000,000
$
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
1,000,000
$
B
Professional
Liability
AAAE300078-04
12/12/2023
12/12/2024
Ea Claim
Aggregate
2,000,000
2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) *See Notes
CERTIFICATE HOLDER
CANCELLATION
CITPL-1
City of Placentia
Chris Tanio
401 E. Chapman
Placentia 92870
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
NOTEPAD:
HOLDER CODE CITPL-1
INSURED'S NAME Hirsch & Associates, Inc.
HIRSC-1
OP ID: LER
PAGE 2
Date 11/14/2023
The City of Placentia and its elected and appointed boards officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
THIS AGREEMENT is made and entered into this 21ST day of November, 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and RHA Landscape Architects -Planners, Inc., a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide on -call landscape architecture and design services as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Acreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have 2 Rev. 08/2017
access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A." Consultant's total compensation shall not exceed Three Hundred Fifty Thousand Dollars ($ 350,000.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A." The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time 3 Rev. 08/2017
extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of three years, ending on November 21, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. One (1) two-year extension is available on Consultant performance and at the discretion of the City. Approval of the term extension is contingent upon City Council review and approval at the conclusion of the initial three-year term.s
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including 4 Rev. 08/2017
the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. 5 Rev. 08/2017
Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.
The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.
If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
6 Rev. 08/2017
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be 7 Rev. 08/2017
changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
RHA Landscape Architects
Planners, Inc.
6800 Indiana Avenue, Suite 245
Riverside, CA 92506
Tel: 951-781-1930
Attn: Doug Grove
IF TO CITY:
City of Placentia
401 E. Chapman Ave
Placentia, CA 92870
Tel: 714-993-8132
Attn: Chris Tanio
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness, or willful misconduct by the Consultant, its employees, 8 Rev. 08/2017
and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 9 Rev. 08/2017
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
10 Rev, 08/2017
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headincs. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith 11 Rev. 08/2017
negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
Date:
Damien R. Arrula, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
CONSULTANT — RHA Landscape Architects Planners, Inc.
Signature
Doug Grove
Doug Grove, President
33-0092783
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
12 Date:
Date:
11/8/2023
Rev. 08/2017
APPROVED AS TO INSURANCE:
Date:
Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:
Chris Tanio, Deputy Director/City Engineer
DEPARTMENTAL APPROVAL:
(p -is f skv v
Luis Estevez, Deputy City Administrator
13 Date:
Date:
11/8/2023
11/8/2023
Rev. 08/2017
EXHIBIT A
CONSULTANTS PROPOSAL AND SCOPE OF WORK
14 Rev. 08/2017
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 Rev. 08/2017
RHA Landscape Architects -
6800 Indiana Avenue
Suite 245
Riverside, CA 92506
951-781-1930
On -Call Landscape Architecture & Design Services
City of Placentia
October 17, 2023
City of Placentia
Att: Chris Tanio, PE, Deputy Director/City Engineer
401 E Chapman Avenue
Placentia, California 92870
RE: On -Call - Landscape Architecture & Design Services RFQ No. 2023-3003
LANDSCAPE
ARCHITECTS
PLANNERS, INC.
RHA Landscape Architects -Planners, Inc. is very pleased to submit this statement of qualification to the City Placentia for Landscape Architecture & Design Services. We will provide all of the Landscape Architecture Services required by the City and we have reviewed and understand all elements of the RFQ. RHA is eager and willing to enter into a contract under the terms and conditions prescribed by the RFP and in the sample agreement. This proposal will remain valid for not less than 120 Days
Established in 1979, RHA is a California corporation, with offices in the City of Riverside since 1980 and currently licensed to practice in the State of California. RHA offers a wide range of landscape architectural and planning services to assist public agencies in development of a variety of large public spaces such as parks, recreation areas, specialty play area design, street scene and roadway development, public building sites, educational facilities, civic facilities, preservation of natural and historic sites, and general consulting. We are dedicated to the concept of a thorough environmental design process, and we are motivated toward providing personal service. RHA has over 39 years of experience in Riverside under our legally registered business name, in providing services of a similar type and scope as described in the Scope of Services. RHA has not filed for bankruptcy under any business name, ever.
Notable RHA projects in the greater Inland Empire include: the California Citrus State Historic Park, the California Speedway [AAA Speedway], the Pechanga Hotel, Casino and Entertainment Center, the Riverside Old City Hall redevelopment, the Mission Inn redevelopment, the Redlands Orange Blossom Trail, Reid Park, Janet Goeske Senior Center, the US Bankruptcy Court & US District Court in Riverside, Riverside County Superior Court, Riverside Municipal Auditorium, White Park, Orange Terrace Community Park, Mission Blvd. Revitalization, Orange Terrace Parkway, Inland Empire Blvd. & Haven Avenue in Ontario, University Avenue Phase I II and Victoria Avenue Beautification and trails.
Key personnel of RHA hold appropriate licenses for the discipline of Landscape Architecture and for the Services on the date this proposal is submitted. The primary point of contact for services provided by RHA is Doug Grove, RLA, LEED, supported by Greg Meek, RLA, David Black, RLA, and Lauren McHugh, RLA ... all licensed landscape architects of the State of California and experienced in the landscape architecture of the City of Menifee. RHA is registered with the Department of Industrial Relations, #1000038360.
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Cover Letter and Introdiction
1 On -Call Landscape Architecture & Design Services October 17, 2023 City of Placentia
The management and primary contacts with the city from our office will be Doug Grove, RLA, LEED AP and Greg Meek RLA, CPSC. Both Doug and Greg are licensed Landscape Architects who are extremely experienced in park design and construction. Greg will be the single point of contact during the RFQ review process.
Doug Grove, email [email protected] Telephone (951) 781- 1930 ex 121 Greg Meek, email [email protected] Telephone (951) 781- 1930 ex 122 RHA is unequivocally committed to deliver a high quality project on time, within budget, and in a professional and competent manner.
WITH THE RHA TEAM YOU GET...
• One of California's leading landscape architecture, planning and design firms • LEED certified design firm focused on sustainable "green" design • Experienced streetscape, park design and urban renewal firm • Experienced working relationship with public agencies • A business located in the City of Riverside within minutes Placentia • A high degree of understanding and 37 years of experience. • Highly experienced, senior level personnel to serve in all key roles for RHA • A solid reputation for the production of technically outstanding documents • A strong Quality Control program
Thank you for the opportunity to submit this Proposal. We enthusiastically look forward to an opportunity to present our team members and qualifications in person and to respond to any questions you may have.
The information submitted with this proposal is true and correct.
Sincerely,
RHA LANDSCAPJARCHITECTS-PLANNERS, INC.
Doug Grove, RLA, LEED® AP
President
951-781-1930 ext 121
951-686-8091 FAX [email protected]
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Cover Letter and Introdiction
2 On -Call Landscape Architecture & Design Services October 17, 2023 City of Placentia
TABLE OF CONTENTS
Letter of Transmittal 1
Table of Contents 3
Summary Sheet Appendix B 4
Allocation of Resources and Personnel 5
Understanding of Scope of Work 9
References 14
Certification of Proposal 15
Cost Proposal Submittal Submitted Separately
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Table of Contents
3 RFQ No. PW-23-01: On -Call Landscape Architecture & Design Services
APPENDIX B
SUMMARY SHEET
Firm Name: RHA Landscape Architects, Planners, Inc
Firm Parent or Ownership: Same
Firm Address: 6840 Indiana Ave. Suite 100 Riverside, California 92506 Firm Telephone Number: 951-781-1930
Firm Fax Number:
Number of years in existence: 40 years
Management Contact (person responsible for direct contact with the City of Placentia and services required for this Request for Proposal):
Name: Doug Grove Title: President / Landscape Architect Telephone Number: (951)-781-1930 ex. 121 Fax:
Email: [email protected]
Project Manager (Person responsible for day-to-day servicing of the account):
Name: Greg Meek
Title: Principal / Landscape Architect
Telephone Number: (951) 781-1930 ex.122 Fax:
Email: [email protected]
Types of services provided by the firm: Landscape Architectural Services including:
Park Planning and Design, Streetscapes and Medians, Trails, Master Planning, Public Facilities, Sports Complexes and Sports Facilities, Nature Parks and Demonstration Gardens, & Play areas.