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DAVID VOLZ DESIGN - 2006-11-20 (2)
k Council/Agency Meeting Held: 11-,q0- o16 Deferred ntinued to: 4, -d�� i ❑ Approved ❑ Conditionally Approved ❑ Denied . City Clerk's Sig ature Council Meeting Date:- 11/20/2006 Department ID Number: 06-022 gg} ..,� 4k A� it yt 5� Ea .�.4✓ i ki aw 3k 3 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PEN PE C LBRETH-GRAFT, P , CITY ADMINIST T R PREPARED BY: JIM B._ENGLE, DIRECTOR OF COMMUNITY SERVI SUBJECT: APPROVE PROFESSIONAL SERVICES CONTRACT ITH DAVID VOLZ DESIGN FOR AS NEEDED LANDSCAPE ARC ECTURAL SERVICES Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue:, The Community Services Department requires landscape architectural services on an as -needed basis to support staff for landscape design and construction for capital projects and city facilities. Funding Source: Funds are available in Park Acquisition and Development Fund 209 in FY 2006/2007 for $100,000, and will be budgeted in future years' budgets for multi -year contract. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute a professional services contract with David Volz Design for as -needed landscape architectural services for an amount not to exceed $1 million over a three-year term. Alternative Action(s): Do not authorize the contract and advise staff how to proceed. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/20/2006 DEPARTMENT ID NUMBER: 06-022 Analysis: The City's Park. Acquisition and Development fund is responsible for development and completion of capitalprojectsat the beach, pier, parks and other city -owned facilities. The current Capital Improvement Program shows almost $3,000,000 in Park Acquisition and Development capital improvement projects scheduled through 2010, with projects anticipated to be added throughout the term. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Seventeen proposals were received and the top three qualified firms were selected for use on an as -needed basis to give the city the ability to submit proposals' for development projects within the city's park system and coastal zones, including new development, refurbishing, building design, and environmental cleanup. The contract with David Volz Design allows for a three-year contract term with a total budget not to exceed $1 million. Funding sources will be the capital project accounts, using the approved project budgets. Environmental Status: Not applicable. Attachment(s): -2- 11 /6/2006 11:07 AM (1'1) November 20, 2006 -'Council/Agency Agenda - Page 11 E-13. (City Council) Approve and Authorize the Mayor and City Clerk to Execute a Professional Services Contract with David Volz Design for an Amount Not -to -Exceed One Million Dollars Over a Three -Year Term for As -Needed Landscape Architectural Services Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract Between the City of Huntington Beach and David Volz Design for as -needed landscape architectural services for an amount not to exceed $1 million over a three-year term. Submitted by the Director of Community Services. Funding Source: Funds are available in Park Acquisition and Development Fund 209 in FY 2006/2007 for $100,000, and will be budgeted in future years' budgets for a multi -year contract. Pulled to date uncertain. E-14. (City Council) Accept Grant for Violence Against Women Collaboration Program for FY 2006-2007 Between the State of California, Office of Criminal Justice Planning (OCJP) and the City of Huntington Beach, Appropriate $71,184 from General Fund Balance to be Reimbursed by Grant Funds, and Authorize Expenditure Not -to - Exceed $94,912 to Pay for Contract Counseling, Services for the Domestic Violence Program —1) Accept the grant between the State of California, Office of Criminal Justice Planning and the City of Huntington Beach; and 2) Approve the appropriation of $71,184 from the unreserved, undesignated General Fund Balance, to be fully reimbursed by the grant from the Office of Criminal Justice Planning; and 3)'Authorize the expenditure of funds not to exceed $94,912 to pay for contract counseling services, and some operating costs related to domestic violence program. Submitted by the Chief of Police. Funding Source: A 25% City match of $23,728 is required which has been included in the Police Department's 2006-2007 budget, under the General investigations General Fund, Account Number 10070203. The grant, which was not anticipated for the original budget, will be established upon approval by the City Council. All appropriations under this grant will be offset by new revenue not anticipated during the budget adoption process. Councilmember Bohr pulled and asked Police, Chief to comment Chief Small described the program and the efforts of the Advocate who is funded by the grant. Approved 7-0 E-15. (City Council) Approve Affordable Housing Agreement with Bonanni Development Inc., Keith A. and Kerie Dawson, and David A. and Nancy J. Macleod for a 13 Townhome Unit Project Located at 16811 Roosevelt Lane, Tract 16682 -Approve the Agreement Containing Covenants Affecting Real Property By and Between the City of Huntington Beach and Bonanni Development, Inc., Keith A. Dawson and Kerie Dawson, David A. Macleod and Nancy J. Macleod, trustees of the Macleod Trust 2004 and authorize the Mayor and City Clerk to sign and execute. Submitted by the Acting Director of Planning. Funding Source: Not applicable. Councilmember Bohr asked for clarification on controls of affordable housing units. Acting Planning Director Scott Hess. and Economic Development Director Stanley Smalewitz described controls. Approved 7-0 Staff to return with suggestions pertaining to onsite versus in -lieu fees and assignment of units in order to meet Council affordable housing goals. F#mij& rati e PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVID VOLZ DESIGN FOR LANDSCAPE ARCHITECTURAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and David Volz Design, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on -call landscape architectural services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates David J. Volz, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 1110 'Am CT103" 06-332/2808 1 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on , 20 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed by the deadlines assigned on the Commencement Date of this Agreement. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Dollars ($1,000,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." L10 IL a im ACT101,1 mks TAKEN 06-332/2808 2 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit, provided that any such use not within the purposes intended by this Agreement shall be at CITY's sole risk.. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. NO ACTION TA K Em N 06-332/2808 3 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage in excess of $15,000 without the express prior written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the 1 B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY, The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 1.1. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, 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, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without NO ACTION 06-332/2808 5TA K Em N cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have. any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage WA W NO ACTIONLO 1*4 06-332/2808 6 I prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach David Volz Design ATTN: David Dominguez 17050 Bushard Street, Suite 300 2000 Main Street Fountain Valley, CA 92708 Huntington Beach, CA 92648 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. NO A CTION 06-332/2808 7 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly providedhere. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. AL N Ar 'R a R L) w ACT101"N 06-332/2808 8 TAKEN 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's be a ,,5ch are not embodied in this IL R 06-332/2808 9 CTIO14 Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on , 20 DAVID VOLZ DESIGN la California CITY OF HUNTINGTON BEACH, Corporation a municipal corporation of the State of California Mayor print narng. ITS: (circle one) Chair an/Presiden ice President AND City Clerk y v --L APPROVED AS TO FORM: pr e u �—T ,/� P ITS: (circle one) ecretary/ hief Financial Officer/A1 ,- F Secretary — Treasure ty Attorne i °�` d7`t-o REVIEWED AND APPROVED: >67 .'City Adm nistrator NO " CTIO'a I "TAKEN INITIATED AND APPROVED: P f Direct?r—ofeommunity Services / 06-332/2808 10 As needed Services City of Huntington Beach UNDERSTANDING & APPROACH derstanding II I M J M 4.11" I I I 4 4 I I David Volz Design understands that the City of Huntington Beach requires a full -service landscape architectural firm to oversee a va- riety of public facilities projects on an as -needed basis.. This firm will serve as a representative of the City and will act as an exten- sion of City staff for the selected projects under the direction of the Community Services Director. The services provided by the firm will be comprehensive in scope and will focus on public landscap- ing and park projects. DVD is ready to partner with the City of Huntington Beach on an as -needed basis. The variety of projects that arise in the public arena. can range from a simple renovation project to a complex community park. David Volz Design has the experience to be a partner in this type of relationship. Our design team is currently providing similar on -call services to a dozen California cities. Upcoming Projects David Volz Design is very familiar with the City of Huntington Beach, it's parks and public spaces. Our team is knowledgeable of the parks and how they work. We know the level of deign empha- sized by your newest developments and this knowledge will allow DVD to deliver on target preliminary designs and construction de- tailing. For the projects listed as future park development we have the following initial ideas and insights: Le Bard Park —Phase II Adding recreational opportunities to this nice neighborhood park will be a great use of the SCE easement. Adding turf, trees and picnic areas as well as a basketball court would complement the recreational activities already offered at this site. DVD has exten- sive experience in the development of these types of park improve- ments. We are also well versed in the development of trails and riverside recreation facilities. DVD knows there are good possibili- ties for rivers edge funding, trail enhancements, river park ele- ments and other opportunities that could be tied to the river trail system and adjacent trail bridges over the river. We would be a great assistance on this particular park improvement project. 0 2 4 As needed Services City of Huntington Beach Edison. Community Park This is an important facility for the city's Southern residents. Some of the facilities are dated and inefficient and could use a bit of re- furbishment. DVD would like to take a comprehensive look at the park, its uses and potential for adding recreational opportunities. Youth sports facilities could be upgraded and added to; much as we were able to do at the youth fields north of Murdy Park. As for a new skate park, our design team has a great record of designing exciting and fun skate parks, and we believe one at this site would be well used by the many city skateboard enthusiasts. Mardlola- Park Reconfiguration More parking, a snack bar and a new restroom. would be great for this busy site. The DVD Team has worked with scores of little league groups to improve and refurbish league facilities. The relo- cation of the tot lot will provide the opportunity to meet the latest safety standards while making a new and interesting revitalization of this pleasant parka Lamb Park Phase I Keeping the youth sports component of this former school site was important to the city. The sports field lighting will need to be relo- cated and as a future phase a new neighborhood park will be a part of the sites reconfiguration. David Volz Design has assisted with the development of hundreds of youth sports facilities, many, many with night light components. We can efficiently design the relocation of the existing lights and plan for the integration of the field areas into the future park development. Murdy Park Phase II The youth league complex we designed for the surplus school ground north of the park has been a great success. We would like to lead the redevelopment of the parks' west side to create a more usable space. Park rehabilitation and ball field lighting are exper- tise we can provide for this heavily used complex. Senior Services Center Defining the program and requirements for a new senior center will be critical to determine the function and service levels that could and should be made available to the older population at any new facility. Our team has the expertise to fully evaluate site spe- cific blues and to develop full architectural documents. We want 3 Approach You have an ambitious park developmental upgrade program. The DVD Design Team has successfully provided similar services to many Southern California cities in an on call as needed basis. Through this work, we have developed an understanding of how to work within our client's city project development systems. Our ME work has included meeting the requirements of several city depart- ments ` including Community Services and Public Works, City Council and the many different city commissions. Our expertise and experience will allow us to provide Huntington Beach excep- tional services for any project. parks David Volz Design has been very successful in managing and completing hundreds of task orders totaling over $15,000,000 of improvements under multi -task C"on-call") agreements. Our suc- cess and effectiveness with multi -task agreements is based on our philosophical approach. By envisioning our team as your partner, virtually an extension to your staff, our goals and desires are aligned and focused in the same direction. Your needs and expec- tations will be our highest priority and when you are successful, we realize our success. This close partnership approach and mind set have proven successful and highly effective in the way we in- teract with our clients. Currently, David Volz Design (DVD) is providing services under long term multitask agreements for 12 cities. 4 I AS needed Services City of'Huntfngton Beach Our success with multi -task agreements is the result of our dedica- tion to our clients and our project delivery and management meth- ods. These methods will be used in our work with the City of Huntington Beach. For a typical project, we will: Meet with the Client as soon as possi- ble to review project expectations; Walk the project site with Client to r . understand objectives, issues, and .. '* program; Prepare a "Program Statement'; with the primary program objec- tives and any enhancements which could make for a better project, Scope of Service, Preliminary Schedule, and Design Fee Submit- tal; Assist City in selection of outside con- sultant, if necessary Review Proposal with Client; Begin work as scheduled, providing agreed upon deliverables at indi- cated milestones, including sched- ule development, budget develop- ment; Submit and Review Final Documents _ with Client; Assist Client with bidpackage prepa- ration , bid evaluation and eon- .- y tract award; Provide construction management services, including pre- ,�4� .construction conference, site ob- i servatian, review construction � w documentation and coordinate the team and quality control Project close out services, such as preparation of punch lists, final } } 7 1 walk through, as -built drawings, document turnover, warranties releases and contract disposition. Review completed project with staff to evaluate design objectives and final product As needed Services Cily of Hu ntingtdJn Beach This approach has gained Mr. Volz and the staff at DVD, a reputa- tion of being responsive as well as being creative in the delivery of projects under multi -task agreements. DVD recognizes the importance of communication with its clients. � p The City of Huntington Beach can expect to receive monthly pro- gress reports on all projects assigned to DVD. 0 J N 1 1 1 1 1 1 1 1 FA Bryant Ranch Parke CU, .! V.rb, LW. '"t - �.' �MM+elevuntiinl [jqy DVD uses a variety of methods to ensure that a project schedule is on target and our resources are budgeted to complete our work in a timely fashion. DVD works with the software Microsoft Project to take advantage of its many tools for project management, such as defining the scope of work, allotting resources and tracking pro- gress, meeting milestones, document control, and reporting. DVD staff also meet on a weekly basis to review projects in a round ta- ble format. These meetings are an extremely effective way to pro- vide an open arena to discuss and brainstorm our projects, discuss staff schedules, and build relationships. David Volz also works directly with each team member on an individual basis as needed. DVD has frequently assisted its clients in the public bid process which, in our minds, begins at the construction document phase. To expedite the bid process, DVD strives to create clear and con- cise construction documents that are ready for competitive bid- ding. Every aspect of the plans, specifications and estimates are reviewed through our quality control process prior to going out to bid. This process helps to avoid unnecessary delay and addenda to the plans. DVD, regularly provides overview of pre -bid confer- ences with prospective contractors, can make arrangements to have plans distributed through the P1anWell process by Consolidated Reprographics (or similar services), and we respond in a timely fashion to all questions relating to the project. DVD can also help the City pre -qualify contractors for proposed projects to ensure the highest possible quality of work. Our ability to serve the City of Huntington Beach effectively is proven by our past and present experience in managing several multi -task agreements simultaneously. Our team is prepared to begin work on any assignment on your current project list and we will remain available throughout the life of the agreement. We welcome the opportunity to partner with you in the betterment of your City's enviromnent. I i D I 3 J J J J Our keyteam members will include David Vol contact z as primary and project lead, Gary Vasquez as creative director, Bob Garcia and Eric Sterling assigned to project management, and Gene Ya masaki as project oversight and quality control. The core team and design professionals will remain available to the projects as as signed from start-up through project completion. OVID. 0 As needed Services Cite of funtington Beach DwD VOLzDESIGN FEE SCHEDULE (EFFECTIVE THROUGH JUTE 30, 2006) PRINCIPALS $152-$184/hour PROJECT MANAGERS $121-$147/hour LICENSED PROFESSIONALS $1214147/hour PROJECT DESIGNERS $100-$126/hour TECHNICIANS $90-$ l 10/hour INSPECTORS $90-$11 0/hour ADMINISTRATORS $65-$80/hour T i DAVID VOLZ DESIGN hourly rates are inclusive of direct costs i w such as vehicle usage and mileage, equipment usage (including computers). Printing, copying, and sub -consultant expenses will be billed at cost plus fifteen percent. Printing prepared in-house Y will be provided at market rates with no mark-up. 15 EXHIBIT uB" Payment Schedule (Hourly Payment) A. Hourly CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Principals $152-$184/hour Project Managers $121-$147/hour Licensed Professionals $121-$147/hour Project Designers $100-$126/hour Technicians $90-$110/hour Inspectors $904110/hour Administrators $65-$80/hour B. Travel 1. Charges for time during travel are not reimbursable 2. Automobile expenses are limited to the IRS standard business mileage rate of $0.445. C. Billing I. All billing shall be done monthly in one -tenth -hour (0.10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 2. Each month's bill should include a total to date; That total should provide, at a glance, the total fees and costs incurred to date for the case or matter. 3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy -Five Dollars ($75.00). The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever is less. 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. i 5. CITY will not pay for word processing charges. This includes per page or hourly charges. 6. The CITY expects that all attorneys will have a library, be it in book or electronic form. Consequently, the CITY will not pay for electronic legal research, such as LexisNexis or Westlaw 7. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. 8. CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case. CITY has retained CONSULTANT because of its past experience. CONSULTANT shall not charge CITY for work it has done and billed another client for in the past. 9. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 10. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this , Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made, within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 11. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if ii the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST` 1. Requested by: Luann Brunson (x5529) 2. Dater October 16, 2006 3. Name of contractor/permittee: David Volz Design 4. Description of work to be performed: Landscape Architectural Services 5. Value and length of contract: $1,000,000 - 3 years 6. Waiver/modification request: Per attached - modify sections 7 and 9 7. Reason for request and why it should be granted: Changes requested by consultant; like changes have been approved in section 7 for'RJM Design Group (CityAttorney memo attached.) Also request language to approve $15,000 deductible on professional liability policy. 8. Identify the risks to the City in approving this waiver/modification: 10/ 16/06 D pa menf Head Signatur Date: Approvals must be obtained in tl for request to be granted. Appr Risk Managemer 1. Ris Management Approved ❑ Denied 2. City Attorney's Office 3i�proved ❑ Denied fll 3. City Administrator's Orice ❑ Approved ❑ Denied order listed on this form. Two;approvals are required it from the City Administrator's Office is only; required if rid. the City Attorney's Office disagree. In-mimnra P. Inrlamnifinntinn Wnivar 1ol16/7nnF 1n•so.nn AM CERTIFICATE OF LIABILITY INSURANCE PR UCwt (949)$33-7a1 F I944Y$'3. »T.127 7 i[ RTIFICATE lS iSSUM,� ALM-OTE t OF Ii� # R4A::TION Tnr ujirarlce" Office f America, X c. ONLY ANE ONFERS NO RIGHTS Uf:ON THE CERTIFICATE " H"flLQER. THIS CERTIFICAT8,DOES NOT AMEND, 3CTENb-OR �I A'Insurance Services, ALTER THE COVERAGE AFFORDED BY TFIIr POLI IES BELOW. grye Park Plaza, Suite 600 aTrv7ne, CA 92(FT4 INSURERSAfFORDING ICOVERA+ E NAIC # INSURED iNSURERA Vaiagnce Go. rr INSItI R" 7ra"sceant7rren"ta:Z pp ., Co. David I✓e z Des ;gn .Landscape ,Archi"tecttrre, Inc INSURERC:` Natiprra7 Fire Iris. of Hart ord Bushar"d,; ; 300 INAIAERD CNA - Con Itinenta.T .CasuaTty Gai Fountain VaT l ey, CA ' 92708 INSURER Et GCi�ER � THE PbudlES OF INSURANCE LISTED BELOW HAVE BEEN ISSUER TO THE NSURED NAMEb ABOVE FOR THE PG JQY PERI63 INDICATED. Nt3Tia3ITHSTANDING ANY REOUIREMEi7T, TERt�i CR. CrN[aIT f)F ANY CGIIii2 Gi OTHER ilC?CiIN1ENT kUITI I RESPECT TC vuHICH Tti s CEFt'TIFtCAT MAY BE ISSUED i iF IyYA i' PERTAIN, TFE.NUIfCEAFt3tiII ii BYTHE PbLIGLE DESCRIBED ! iEFtE1N IS SUBJECT T AI THE TERE IS EXCLUSIONIS "Aii CtI ICi1 IIIU OF SUCH 0"OLIMS, AGO' RE ,,TE LIMa t,6,,SW Its N MAY HAVE BEEN izF&i %l B Y RAIi3".ULAIMS. INSR . DV TY'PEOF WSU RANCE POLICY.NUMI POLICY.EF I iFN>i PLiLiCY EXPI"TILIN LIMITS , GENERALLIABILITY 2079849924 0311412006 412GIA7 EACH DCCURRkNtE s. ' 1100010041 IfiOdwimocAL`IaEf ITALLIABILITY DAMAGETti<FtENTE[3 CLAIMS MADE I " € OCCUR MiE EXP"{APy ase. rson) S A X Add'7 .insure d P R FQFX G-179,5-G99 PERS NAL&AQVINJUIRY S lj,000.Dot, GENERALAGGREG#j,. S 2 , 290, a(} GEI`I'L AGGRE,GATE LIMu T APPLIES PER- PRODUCTS - COMPIOP A%rs S "too POLICY pEGT 69 AUTOMOBILEUASILItY 2#ZW9862 031141ZO06 0311412007 COMSIJdEDSINGLE, LltlIIT ANY AUTO � (E;p acoment),. 1,000100 ALL,filW14ED AUTOS BODILYINJUitY � SCHEDULED AUTO$ iPer Parson) HIREE}AUTOS SCaMLY IN. UKy S tlgN?I D 9iO (Per accident) PROPERTYDAMAGE S (Per accident) A CAGE LIa01UTY At T0,ONLY:- EA ACCIDENT "S ANYAUTCt �MCCTRA�C t?THERikIA13' EA; ACC S T13 AU?3i�3:' AGG S EXCESS/UMBRELLA LIASILITY EACH OCCUPIRENCE " 5 ; OCCUR CIAIMS MADE1 AGGREGATE: S S C3ELiLIC3I$LE 5 RETENTION S ; VVORHERS-COMPENSATION AND 208S S168443 031I4/20u6 0311412007 OETR' ` EMPLOYERS' LIABILITY E!. EACH ACOIDENT S i, �! 04 OW ANY.�Rj3?ftIETOR"FITN E'XE U IVE. 3 F1C 4Nf3EIT EkGLU[iEfa? OF E � DISEASE - EA EMPLOYEE ttyes-rt��ualaieT.. SPECIONS Wow _S E.L. DISEASE'- POLICY LIMB 5 l koo go rLr�e savna7 LaaTsa7 t LA,Aic48236177 0311412006r ' +R,311,412 07 "$'1, 000, 0,00 perclalxni - a #rs Maldlr S2,000 ,0416 in the aggregate ; ?ES,0RIPTIQN bF PIWRATIgNsNS ,'rLbCATI0{ VEH{CLES 1 F,tSCL(iSMS ACIDED 8Y ENDORSEMENT 1 SPECIAL PROVISIONS,.: roF sslona7 Liabl'7°rty DOductata7e; $1$s 000 per claim A tern (10) notice . of cancellation for non; -payment of preml7uls. his certificatevoi s and supercedes'.certificate that ,was issued ni) 71,20106„ `E ` TIFICA i O LiELI CANCELLATION SHOULD AN* OF THS AaDVE D R►BED POLICIES SE.CA1i LLt-Kt) 4 ibRE THP- EXPIRATION DATE THEREOF, THE!SSUINGINSURERWILL�MAIL' City cI f Huntington Beach 0AyS WRITTEN NOTICE To THE CERTIFICATE °HOLDER NAMED TO THE LEFT, Attn: Da%(1 i %71ar ingluez i �J KIIt.Y . ifit�(76 K ifJrilG3iI XJI 1YsY3CXJK 2000 Main .Street 'AIkx mK XXXXXX.k tdrrrrt3ngto Search, GA 92648 AUTHORIZEDREPRFSENTATIVt Ear7een Thcxtlas;!BQlfNC ,666RD 25 iil1 itFi8T QACORV _CORPORATION 1988 IMPORTANT 11/07/2006 -11:49 714593336 DAVID VOLZ DESIGN! PAGE02 ENDORSED -FILED IN THEOFFICE OF T.� -k S1=CRE;TARY of ST ARTICLES OF INCORPORATION of THE STATTZ OF CALIFOlItI IA OF 3A1 l l99 DAVID VOLZ DESIGN LANDSCAPE ,ARCHITEdit,im.SECRUARv 4F s4 rZ ONE: The name of this corporation is DAVID ` VOLZ DESIGN! -LANDSCAPE ARCHITECTS, INC. TWO: The purpose of the corporation ;is to engage in the profession of landscape architecture and any other lawful activities (other than the banking or trust company,;- business) not prohibited to a corporation engaging in this profession by applicable laws and regulatims. THREE: This Corporation is a professional corporation within. the meaning of Part 4, Division 3, Title 1, of the California Corporations Code. FOUR: The name and address in this state of this corporatioes initial agent for service of process is: DAVID VOLZ 17050 Bushard, Suite 300 Fountain Valley, CA 92708 FIVE: This corporation is authorized to issue only one class of shares, which shall be designated "common' shams. The total' number of shares authorized to be issued is 1,000,000 shares. Ste: The liability of the directors of the corporation for monetary damages shall be climbiated to the fullest extern permissible under California law. SEVEN: The corporation is authorized to provide inderwifrcation of its Agents (as defined in Section 3°17 of the California Corporations Code) to the fullest extent permissible under California law. DA ID LZ, Incorporator E'. c j, s 11/07/2006 11:49 714593330 DAVID VOLZ DESIGN PAGE 03 CERTIFICATE OF ORGANIZATION OF THE INCORPORATOR OF DAM VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. The undersigned Incorporator., named: in the Articles of Incorporation, for the purpose of recording actions taken to organize the Corporation, hereby cei ify that: The original Articles of Incorporation were filed in the office of the Secretary of State of the State of California. .A. certified copy of the Articles of Incorporation with the filing date and corporation number thereon has been inserted in the Corporation minute book. Bylaws regulating the conduct of business and the affairs of the Corporation. were adopted. as the Bylaws of the Corporation and the Secretary of the Corporation is authorized to execute a certificate of adoption of the Bylaws, to insert a certified: copy of the Bylaws in the Corporate minute book, and, to keep a certified copy of the Bylaws at the principal executive office of tlae Corporation The persons whose names appear, below and who accepted.the appointments by signing their names below were appointed: directors of. the Corporation.. The Incorporator of DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, :f.NC. upon election of the directors, resigned. Dated: Janua?ry 1, 1999 DAVID OLZ, Incoxporat, r Director Date Acceptance of Appointment David Volz January4 1999 1 PROFESSIONAL SERVICE "CONTRACTS ® PURCHASING CERTIFICATION 1. Requested by: Community Services/David Dominguez 2. Date: June 6, 2006 3. Name of consultant: David Volz Design 4. Attach the written statement of the specification, conditions and other requirements for ' the requested services that was provided to solicted consultatnts in your answer to 11 of this form. 5. Amount of the contract: $1,000,000.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: © urj .jG S' ('J . "l / G. 0/c 74 41 *1. Li 4 a •C S 8. Is this contract generally described on the list of professional service contracts approved_ the City Council'? N Yes, No 9. Is this contract within $25,000 or 25% whichever is less o rthe amount stated on the list of professional service contracts approved by the City Council?' M Yes, ❑ No 10. Were (at Least) informal written proposals requested of three consultants? ® Yes, ❑ No 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. Attach proposed scope of work. 13. Attach proposed payment schedule. (CHARD A DR1L, Manager Purchasing/Central Services If the answer to any these questions is "No," the contract will require approval from the City Council. Purchasing Certification - DVD 6/6/2006 11:41 AM RFP for Landscape Architects RJM Design Group, Inc. 31591 Camino Capistrano San Juan Capistrano, CA 92675 949.493.2600 Community Works Design Group' 4649 Brockton Avenue Riverside, CA 92506 909.369.0700 RHA Landscape Arch/Planners, Inc. 3612 Mission Inn Avenue Riverside, CA 92501 Stivers & Associates Environmental Planners/Landscape Architects 150 El Camino Real, Suite 120 Tustin, CA 92680 949.752.4114 Cornerstone Studios, Inc. 106 W. e Street 5 h Floor Santa Ana, CA 92701 714.973.2200 Richard Fisher Associates 2001 E. Is'., Suite 160 Santa Ana, CA 92705 714.245.9270 WCC Architects 10470 Foothill Blvd. Tower Suite Rancho Cucamonga, CA 91730 Willdan 13191 Crossroads Parkway North, Suite 405 Industry, CA 91746-3497 562.908.6200 Nuvis LandscapeArchitecture and Planning 3151 Airway Avenue, Suite J-3 Costa Mesa, CA 92626 714.754.7311 RFP for Landscape Architects Page 2 David Volz Design Landscape Architects, Inc. 170 Bushard Street, #30 Fountain Valley, CA 92708 714.593.3300 David Evans & Associates, Inc. 800 N. Haven Avenue. #300 Ontario, CA 91764 949.588.5050 Tatsumi and Partners, Inc. Landscape Architects _1 2 3 Nuvis 15 11 14 40 David Volz Design 14 13 14 - 41 RJM Design Group 14 14 14 42 Richard Fisher Assoc. 12 13 13 38 Conerstone 12 10 12 34 Nuvis 22 20 22 64 David Volz Design 22 22 23 67 RJM Design Group 22 21 20 63 Richard Fisher Assoc. 20 21 20 61 Conerstone 20 17 20 57 ...a �iGrr,� u '7Bg 4 millm ( s,, ,,. „au. e � Nuvis 24 23 23 70 David Volz Design 24 21 23 68 RJM Design Group 22 21- 23 66 Richard Fisher Assoc, 20 20 22 62 Conerstone 20 18 20 58 or Nuvis 20 18 19 57 David Volz Design 17 18 18 53 RJM Design Group 18 18 18 54 Richard Fisher Assoc. 18 18 18 54 Conerstone 15 17 17 49 mlfilim Nuvis 12 12 12 36 David Volz Design 13 13 13 39 RJM Design Group 13 12 13 38 Richard Fisher Assoc. 12 12 11 35 Conerstone 10 10 11 31 Proposers interview Proposal Totals Ranking Nuvis David Volz Design RJM Design Group Richard Fisher Assoc. Conerstone 267 680 947 268 736 1003 263 725 988 250 640 -890 229 530 759 3 1 2 4 5 RCA ROUTING SHEET INITIATING DEPARTMENT: Community Services SUBJECT: Approve Contract with David Volz Design for Landscape Architect Services COUNCIL MEETING DATE: November20, 2006 RCA;. ATTACHMENTS STATUS _. Ordinance (w/exhibits &'legislative draft if applicable) Attached Lj Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Ap licable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached 0 Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Applicable M Staff Report (If applicable) Attached Not Applicable Commission, Board or Committee Report (If applicable) Attached Not Applicable Findings/Conditions for Approval and/or Denial Attached Not Applicable EXPLANATIQN FOR MISSING ATTACHMENTS RCA Author: Brunson