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DAVID VOLZ DESIGN - 2007-01-02
Dept 1D CS 15-011 Page 1 of 3 Meeting Date 9/2112015 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/21/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve and authorize execution of three Amendments that extend the terms for As -Needed Professional Design/Landscape Architectural Services Professional Services Contracts with NUVIS, RJM Design Group, and David Volz Design Statement of Issue Amendments to Professional Services Contracts with NUVIS, RJM Design Group, and David Volz Design are required for the completion of design/landscape architectural services for Le Bard Park, Worthy Park, and Bartlett Park Financial Impact No additional funds are being requested in this Request for City Council Action Recommended Action A) Approve and authorize the Mayor and City Clerk to execute "Amendment No 2 to Agreement (Between the City of Huntington Beach and NUVIS for As Needed Professional Design/Landscape Architectural Services," and, B) Approve and authorize the Mayor and City Clerk to execute "Amendment No 2 to Agreement Between the City of Huntington Beach and RJM Design Group Inc for As Needed Professional Design/Landscape Architectural Services," and, C) Approve and authorize the Mayor and City Clerk to execute "Amendment No 4 to Agreement Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services " Alternative Action(s) Do not approve and direct staff accordingly Analysis On June 7, 2010, City Council approved professional services contracts for "as -needed" professional design/landscape architectural services with NUVIS and RJM Design Group in the amount of $300,000 each On May 20, 2013, City Council approved an extension of the original contracts by $75,000 each and extended the terms to September 30, 2015 In general, the scope of work for landscape architecture firms may involve all phases of a development project, including preliminary plans and design (layouts, surveying, architectural services, and estimates of probable costs), entitlement/permits, construction documents, as well as bidding and construction processes "As -needed" contracts are beneficial when working on multi - Item 16. - 1 HB -674- Dept ID CS 15-011 Page 2 of 3 Meeting Date 9/21/2015 year, multi -faceted development projects in that contractors can expand when required to address the specific areas of expertise required for any given project "As -needed" contracts also allow staff the flexibility to respond to unanticipated park development projects which may arise In addition to "As -Needed" services, NUVIS and RJM Design Group were assigned projects which are currently Included in the City Council approved Capital Improvement Project list Their services are required to complete the projects below NUVIS is the architectural/design contractor for the LeBard project, which includes the completion of construction plans and specifications for the undeveloped two -acre portion of LeBard Park Professional services completed to date include the development of preliminary plans and construction documents This project has been delayed on several occasions due to unforeseen environmental issues and the potential for the entire park area to be reconfigured as part of the Huntington Beach Elementary School District's development plans for LeBard School RJM Design Group is the architectural/design contractor for the Worthy Park project, which consists of the demolition of the closed racquetball building and reconfiguration of the park to include additional recreational amenities and public restroom The conceptual plan for this project has been approved and construction documents are being prepared for permits and bidding through the public works process Construction is expected to begin in early 2016 Due to the amount of work already completed by both of these firms, staff is recommending that the terms of the original contracts be retroactively extended through September 30, 2017 No additional contract increases are required for either contract David Volz Design is the contractor for the Bartlett Park project On January 2, 2007, City Council approved a professional services contract with David Volz Design in the amount of $250,000 On January 19, 2010, City Council approved Amendment No 1 to this contract which extended the term of the original agreement to January 2, 2011 On May 20, 2013, City Council approved an extension of the term expiration to September 30, 2015, and on December 15, 2014, City Council approved a contract increase of $185,000 The contract increase was a result of extra services required to complete the CEQA process, Initial Study and Mitigated Negative Declaration services for the project This multi -year project includes construction plans and specifications to determine possible uses and development of Bartlett Park for passive, recreational use, including preservation of native habitat and vegetation Work completed to date includes an evaluation of opportunities and constraints, community outreach meetings, a preliminary conceptual plan, and development of project alternatives Unfortunately, due to a number of timing issues associated with this project and staffing constraints, the contract expired September 30, 2015 However, because David Volz Design has already expended a significant number of hours on this project and in order to preserve project efficiencies and maintain continuity, staff is recommending a retroactive extension of the contract through September 30, 2016 No additional contract increases are required to complete this project Environmental Status Not applicable Strategic Plan Goal Enhance and maintain infrastructure xB -675- Item 16. - 2 Dept ID CS 15-011 Page 3 of 3 Meeting Date 9/21/2015 Attachment(s) � 1 Amendment No 2 to Agreement between the City of Huntington Beach and NUVIS for As ^, Needed Professional Design/Landscape Architectural Services 2 Amendment No 2 to Agreement between the City of Huntington Beach and RJM Design Group Inc for As Needed Professional Design/Landscape Architectural Services 3 Amendment No 4 to Agreement between the City of Huntington Beach and David Volz Design for Landscape Architectural Services Item 16. - 3 xB -676- rry AMENDMENT NO.4 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVID VOLZ DESIGN FOR LANDSCAPE ARCHITECTURAL SERVICES THIS AMENDMENT NO.4 is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and DAVID VOLZ DESIGN, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated January 2, 2007, entitled Professional Services Agreement Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services, which agreement shall hereinafter be referred to as the "Original Agreement;" and The Original Agreement was amended on January 19, 2010 by the agreement entitled "Amendment No 1 to Agreement Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services; and The Original Agreement was amended on May 20, 2013 by the agreement entitled "Amendment No. 2 to Agreement Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services"; and The Original Agreement was amended on December 15, 2014 by the Agreement entitled "Amendment No 3 to Agreement Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services," and CITY and CONSULTANT wish to amend the Original Agreement to reflect the additional work to be performed by CONSULTANT and the term of the Original Agreement, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows 1. ADDITIONAL WORK CONSULTANT shall provide to CITY such additional services as required by CITY, including, as needed professional design/landscape architectural services as described in Exhibit A to the Original Agreement, a copy of which is attached as Exhibit "A," and incorporated by this reference as though fully set forth herein. 2. TERM The term of this Agreement shall extend through September 30, 2016. 15-4900/125896 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be., executed by and through their authorized officers on ,eg--� 2Z.D/S DAVID VOLZ DESIGN print name ITS: (circle one) Chairman/President/Vice President AND print name ITS (circle one) Secretary/Chief Financial Officer/ Asst Secretary - Treasurer ATTEST: a City C INITIATED AND APPROVED. 9k Di r of Commumty Services APPROVED AS FO i orney 01w qt gkkC REV APPROVED: Ci ger 15-4900/125896 2 REAFFIRMATION Except as specifically modificd herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ZI 2.6/J-" DAVID VOLZ DESIGN CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California B print name ITS: (circle one) Chaurn res; ice President AND print name ITS: (circle o Secretary hiefFinancial Officer/ Asst Secretary - Treasurer 154900/125896 2 Mayor ATTEST: City Clerk Ila if_: f:_01l1 !...s Director of Community Services APPROVED ASW FORM, 1 orney p itz qgktr REVIEWED AND APPROVED - City Manager CERTIFICATE OF ORGANIZATION OF THE INCORPORATOR OF DAVID 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 certify 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 pnncrpal executive office of the 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, INC upon electron of the directors, resigned. Dated January O, 1999 k---- DAVID OLZ, Incorporator Director Date Acceptance of Appointment David Volz January 1999 �! As t°seeded be'-Wces ut3tlng,mBeac�,- Understanding Ua id Volz Design understands that the City of Huntrigton Beach ?E, rccltzitds nali_seMce landscape aremtectural frrz�'a to oversee a Va- F rlc±; of public facilities projects on an as-11ce'ded bars,.. This fum will stnic as a representative of fire "arty and ill ae t as an e ter ,a slon of City staff for the selected pro i under the direction of tli Cornn-jur�rty ezz4 s Direr�tor°. gtae service.,, provrrde4 by file firna 7 T a y x . toil . be c;on:preh lsi r� in scope old will focus on pt?bl c, l sca.p <_ inn and park projects. ., 5 D VD is, ready to partner vv:th the Cif apt Huntington Beach on an _ as-TI£edev> basis, Vic vii1e1. o pr jects flat �115� in tie pL1bliC e ' n � � � r- arena. can range• Ixonl a simple rend ataon project to a pleX cQzr unity park; David VOL Design has the experienc-c to be a. of relationship, Our design tearn. is curron ly pxi➢`vSClidl siir�ila,'" C$2-U - Sei-vices a dozen �ali olni tlf , tSa i Da id 'Volz l esigra is very familiar��rit'a the City of Huntington l�eca 119 &� Ta i ciYld public spaces, Oar t ii3il r,, knowled- able of x rsF the parks and how they work V1e know the le of deign erra�Yra- to gsize.cl ' y your nev,'est developments wi ills �xi�Yh'i2��L}' will altO�Y' V delivereliver orb 9 Vie$ 17i lril-rna y desigr) a S31 SAnsEA 3_r�J-actiony dem s ti tail n , i�o_ the pioiec�� listed a� fa�aue nark deveiop�nszz w, e ave . , K M A., , {, the ffal� ; � lfl.g initia id --as and insig"alts: Le Bcd-!t _ParA 3 1 r �'' Addii� rep reatiopal Oppflrt�in ties to this nice r�ciodoaarhood ptar'� t �s.x ' � will lac a gyeat. use of the SCE' easerne, Addii turf trees and m t � �x� ` r� 11C it a� as ivelt m a basketball C, -t would coraplL'rrr�8ii � +o L�%C�tcltiflIl,xi iiGti:'&t1eS already c?fteied at this site. DVD ll>tgn- ' . save experience in the development of these types ofpelc improve-, t riier c "� are also well versed in the devaiopiner�, of trails .and . _ fi riverside recreation facilities, DVD knows Varese are good possibili-- �3 RZIV -° z a_s. ties f): rivers edge fVnding, tY3il eI311c1ffiC�Ii1�,xt9� 21V�$ l�c�"k .elf v ilia xlts pro c xlier appor arrrtres tnat could be tied. to the rrv�r txa� system al ±l' f:-eXIC trail bridges'fl� 1 -'the river, '�' would be t= { at ass stance otl this paraiculaa Park improvement project. R7 S 2 =i1 °oil reedm rV1, City gfHunfing16n beach `Lad"Yo . Ct)DninuV tv AVa °iC x 'leis is an impart 4nt-facility for the cit-y s outlzern residents Some A � of thoifa6lifies ar'e date' and �4iefl"i 'i.enf and could use a bit of r ` i b.s uta D TI would, like to �;r a c-O pry' ���lvu ld��l, at ��e fi} ► z its -Lies and pot tia, :for adding reem tional of? q:rwnities, Y �Iolitl, sporjs tavili ' could be v-p a i axed added .toy xnucl� we were abbe TO do at the youthe1 �o� of ��xrdy l'a�l . 'fot a, re,, , slate pork, our design team has a great record of d igm g. 1 p is, exciting a d Vin � ate n�3 we, � eve one this sits wo ild ` h be �,,ve' u;;qe by the many city skate:)o rl enthusiastz, . 7 f 7 F Yva 10 ;f ar d ct� t fJd? f� r '� �� � .� 3 s ack Ali° and. a nee, reef oom viou d� be meat f b�• this l sy stie w vvd�r e. wi scores t t- little ' �,s to nrov and r f r%islx league t it i sa lr r l m ti=� of t �� tot lot $Nill pst�vide th opportimity tag 't the latest an ter, x safety tad rf i r a i and irat r sthig r vital atio �?` ` �,� ` of this pleasant p�� � Lamb F^:d'k—Rlu:.i'e ,f youlti, -pods eorI.ponent of this foi ei. s hoo �ite was r important tad �1 sports field lighting will new t� rite =w F c t d and as a stare phase aHurt ned_Oborlrood park will be a. par y Y µ f rite r r atict David Volt es..g�:.:h assisted ° fat ffi � d tie d vcl� r pit l2 zrdr dl of youth sports facilr8i rriany, .9g±�.3 ��w§ y��+y gpy yry� l{ gyq y.2 y, y�yg p=y}yn g�{yy� �'qq�-v; /y�ly ygy �,.r♦{'qy-y s> §s� i BA3tA.1 SY APdi. A1J.b¢'w k'3.6L' 4LLSdY3A's@✓ASt4 s- �"iiR11 VIU..b'�b3At bdisR.99'" SA 1'"a relocation d�f the exis t lights and Alai} fc the into rationof the ".� Y ld areas into the future park level p nt, � Y- Alm, jY Park ji L��� 5.F, Tho yout l� ri, e com log eve designe for the s plus school x b f s grc i rd noe of tha park has beery a great }s-access° We would like to l ad t -.ed���lopra�nt of "the paeks crest sine td� ireate a more � L» y us l�l space; p reltabil tMior� ball c-ld fighting axe..uxper- ti �v a � provide- fair this 11c v y c l rarnplc . �r 1' _ Kr x- * requirements tj d? 'ill'i"�,and� uir ents for a -new -new 5 ��4r ��1it��. De r veil atical td� dete-nine fbe f6etion and servic-0 levels that 3 could acid should be oracle ��;rait ble to the older opu�ation at any ,t�ixlly e-valluate site spnewfaeffty. Our temhas the exp °s cbld a -till tuural documents, e �tfn� es- 6 Cis)!�'Ufunilingeha Beach t ir,o tae an eyoom cu . <'. city's.staff and vmWd be happy to work u11 the initial pr��g-gni d vi-1 opm t light �a l alit a r � don, �pmnox t ie i to dir�,'ficity > A r DNTI wctUl like tQ bj� a poet of the, proc; q i at has seyer dec- de elopm t obi � y ;l� king pic3ic��4 � p1WY f���l�- tjes adt dei, olgp6d within the, �&S-ter Plar4, v6dbo. great additions t fafidaltt°° ad a �a rr st he may recce �ti6 l port�tnl- ;� �r _F Approach is � Yo ? The W) a,ta i 4,)u s p k de ielopl� i `lid pro i spa . DV £ aiy e51 alvti i 3�t.kl.dltSn fna1 iJil S35 Ii',d95ta Y � lot g _ iia �,'i9rE � �d�v0 deve,oped ani]nnderst %1f ing o:�i3��VI 10 x�r Walk z ill �iiTl f log cit project devel �pxi��nt Sys. S, Our z � � i�a 'a;t ' ' tag the r-,q)4; a iris several Alt = dep�M SJi` 91g 1gr 11� 't,ri"s l7 rli y a �sii. ablic a �i3lzsS � ma ?y s cif'Wncil e.nd tie- maty N %oIiinsslarlb. ur .e.x ertfse r�1. £?'isSlaS`(�'A$ ii:� ti? €9i�d b�ltti�ii�irtria�7eac11 ���'p® for at ay parks project aau n rcds of bask o rd�.� tot�lirig � �r b1.5 t��fl �� d s iia�tzAwsk (ztonac fg) agrees aNrst . size.. p iapp o aclz, : y n�gsioidng our team . vcaur p rtr� r A t t v � gran -wally an e t lion t youstab, '0�_ gels d desires i � q aj3,,,2.cd and 4 i lied in be szj ie -dil mtion, � Y ] it dS and exmec a tall t s xt;at >a,:la st p ionry and he�i yqu pp turf y: bx%1ii our i 1 .£il f1!wQn T,. 'l1d Design � . �f is, U12 Marc ldita se ' CrC,s. Unde, long terse. nzultitas L�. �ita�rlis ��� r7e'E;ch vvitf,i mi t4-task- a e .ent� i r ral " v� � c- "�our W, ar, and =V R f w ow, project. defiven Od our 117alk the, prgfeot ,site 114th Ch"ent to s s 3$i rs ial�t L P s% 5q ims ,wim MCI i?i .,.FyMq sue ` vt 7 3`dis'd € ny {'�3� x ef cot4ld it,C Of Se �e Y - JR-evirw Pr'o��st7l'.vitl.cadent; Be',f'"w,`f. work o se."hvdt,,Ied, providing.. agreed upon yq { yyy /per at dated fj4le-stones, M�Iudin'`gx9"iheti- t uu e ] P mem ppp with Client; 'Iew with bid CI radon , birt ev adua ion and cor Wact services, in Atding, pre - cow,,,, M �`,� ' - x - ervation, re view Co.imiructiCA a�t���m a Ys,"'a at, LkJ{3+ ,Si E 1 s r F4^ a team and qualh�y rtro' S w1al/{ i i t3t$ /Yr as -built draw-' ngs, tort turnover, Prd.rr�r releases and co ntract eJ sposhYon, - t lF �' itprr2 l a� "%ro t ?WIiT 5 tee 4?vaivata design o lectives aminalpeodmot Y Sty t.,i As needed 6 f "&C•U Thi 5approach ha: gred la's ijelz and o' staff at DVID, a rv3lPta# a' .f � be g r st ire a well lt�g erect i� tie e vt , of �. pTojeets under invil. -.tLqk a e ents. t "Y� D'V re p 10 a ollan .ot cou ratio with its,eli,its Me City of H-Linttgton Bea6b c, expect to reoelvQ moo- Hy pro- . A. � z u � 11 :7Iv]ects s't . to Dom. +% �,. DVD uses aza vai`iav ofineth3ds. to ensure tbrat a project achc4uifll is zt y on la_rget and otz rmoumes pre bvdgete to Complete bur: work in a . 9 = :tin�'1� �a�an xvt�rl _t. the stv'OS N = k 4iitaniage o A is m ly tools for pSd�ject ��53a �sI&�11t� 1�13 as t d fining t'rz? sc4T of � of1c,; aliottitzg res� wr s and tracking a ro- ?, r 7 t?1 t' D a )-il�Qtoacs, dC➢curnent control, and repor'tLtl . DVD staff also meet on, a weeldy basis to review prc�;�et" in a re ad t . le fkat; Theso na etings ara an extremely effoefi ae way to PrO- x 4T i1w t7 pit e to Sit)�S �?I sLDnti-our.�tr��e�t6, dilscugs ssta Ff s6e4 ies, znd build relat o-risa cps; DaVid..Volz also works. . . i ectl °dv ui each �. �6 i met�l'43�T �� a� individual'??£i�"1� riS de NPI [�x ` � VD a�as tacquet y assisted its ellents l i the pub e bid process �r � z vi ��i3y Sri �o- ,' I d°s, b �?�ads at dhe co 'traction docum,��Jt plus f a To ex:;tedItO the bid i"irocuSSy DVD ut`%v��s to create, Olb,a1 an DO i1- `' zt 1 uaY€3Ctio?. d ui cents �� �a Te yr br et itch' hMI ail- ravl owed tR� ?ti 111" its tty It Jl pracesv 3ii � ; k3ie ciS1 cy 407 ' ' ' �Jf{ < is 'sra S helps to vCii�i 2 Ceb T ' C i y rb . s%€i this$ to 9� tz?v -Plans DVD, regAarly prodes o va .ie �:1 gr�-bid nfer . �rxes With -r r a 1,9 �kF s M; edl plans distaIbLited tbx5ouggylli the ePlan l� P"✓e4l�lapgrq���sn �x� t �tyu9�l$dyai#p �M Y �{ r '� tAltLtd2:: . sc Y S�/a1V, 9 4L1l.AS �l P''V S.Vs papd in a 9 A9,d to �-� i 3h x aSl3ttl questions °a'v?ttZil Ii3. the rJt, .;' 3Si i's' . g 4r � _ � `iCl �1 10 �t 1I T Di C tS for y i;L�3p posed 4y iC?jCtS tip t i -are,fhe R-64����'ghtp35s 131tazitok D'yaat atriauh �v. k � t tit aL�1�jti�' fit} r't t�ise �3�'i o -Hunt gton Bea, 6 e metiely 111 j piove b. ' � t air . present experience in manag w se era- der j. 'rmot fask a ems? Gts Sim lta -o sly, 3#$' tea'al 1',' prepued yy ssryq y, �qr{yy i- bps 1 �9 yyy-�;-yy�arn,S �+9 1�.saJ�g� P1G,�p+ yy¢ tl�v}.q�p^� v�y„a . . i• (' - {� bi4 'Y� TIC "_11�11 i.�'.�± �d.A.A1 i'.'J li .y`M1-a�--�1J,11b9b`i 'V3a Y9,:vk dd 'b b?AA a'bA{. .t .ijj ie�yt aS$ Si11 6 YY i+ lµlAgBtoo di fe 0 Jo agrz pQnp. We ewmainavailable lb¢ ` 11� Y"!� with �`�,y.1 �yqy 1�e}g� {ate® ['� Y9 cY'9J.1.A1 ffi. =/ tl.i A�1/;l :i�iA 1� � � art yyi h �'oU in. ffie bett eid1YA+nt of . _ 1 •�ut3 ,,s° needed Service' Cky of rltaWng, n Beack p'or your projeot, we bave asscmbled .a bighly. qualified tee cmu3ist- Lng OfImil s ape archited8, engleers .md bluilding.designen, Oar key mox mars hve the bar ground end expertise to dle iver the parr: m-. pm e ells neeideLd for tlr, City ofHuntington Beach, T;`fere ar J 7w' A:GV "Y1;gnedieras 13ui a t in hr'r)gS' to your p3'o�� d: " Cd sJ} c b'> 1 cdo and $movative NIP Yi �3�meet �p +tft'i�i ts City JLziT�Ji3 1 t t '�d Beast P o pralject: dt 7i�Siifi ..°alii? �3%fit .�s7Aw a11� will creatively t,d t s the � orta hi to put a � in �l d , excu°.ng additionadIdition t� y�o"aw 'co#n�r dx%i.1Lri i' prop :i' 4 a <� cnm" an icatio, � - Wo will eont°tp:tially keep you and ym'r ,eta . m"'oSa: e'd ft-ni the 8i9'rt of aq &} e prgjeot& Cox31%TiUJ-T atio will bau sue` pro - co e )tdea,t and a {�sei"ltll3rle6 t17x`iila % i S,lt1C+�i a fl * 1 YY M re,rijn6 - As noted below we.have p,ovtdod a dcsijcp tem y �1 has a bi$ a y of wo"k5ng sucoessfUlly 'S itli ties as an exte - .. �y slon of staff €ad pl'flviffing pTcj�Gt coordination A3i -iht) d'iiwelop d-� *V �g � 4 inc-nt of dozens cf award whining p.''ice` FL r s Rig x ; �hverest in prgjects AMrD i. ready to tq e on yo T pr.(�J t fi � ' � 5 3C iv SLA S A �i1Lii lG adoil , I3 Loa?-3iE s to ' tin, fr out- R r. 4, U 3s t$� faC1lle5 toii`all�?i9Yi7u t1LJ1iTliCl�i1l l?$li-_ I t > a !a r x .. fi.3..,. ;. $ilE3tE l to the succms olf 'i3i'-s cca :tI.T3 4i t WN �Mg ry s _ TEAM I i� #3asii� RA Al -A Li n" *. i r e zyv 9c , x t �aii). z5ti�TL tJG_�AI� al.'d>u�� i tlrJilSti` g r�z6 Clio Ci'y of ,Hmni on each We §r� e�r���itRe� to delivei.� T; 4�XQ `n it7 tiiCity, The MID key tmembers exa e gperlenc and tJ« eit d :°°rofessiona"s anG, they° -,611 be suppoi-t,d teased: ].a- r to s.rchl d'f, , °i venal Ve�,y' �-�pable dev ig,m"�`-g sup �� s�a�'r Mid xAN S i > t G' ' i 3a � � 'l fl Vtl .? 3 s$ �l i its v;3 '�� 7 � . tasks °a ss thpl: �r'ofk + F. S i a�� t;� -1i me'TU7, vkll include David Vol �v �1�i�i�Rj � ontact su*%, ylr?J t iCa$d; Gary Vasquez as cro tiv-, direotor, Bob Ga and Enc.Sterling wssi,gue! to p1biect ire genie t, and Gene Ya- nlasn: as Ire? e t oversi lit and .quality cbntrol hecore to= -and. 4 de-Im prOte-s'sio als �V 1. rep aha available to t1,e pro eds as Es�- sl c� from s apt -op jkoua' I proje,-t Cot pietlo A� 0 CERTIFICATE OF LIABILITY INSURANCE DATE (1,1MIDDIYYYY) 3/11/2015 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(les) must 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 endorsements , PRODUCER Cornerstone Specialty Insurance Services, Inc. 14252 Culver Drive, A299 Irvine CA 92604 C 1E T Aimee La Rue PONE (714) 731-7700 FAX V14)731-77so EMAIL aimee@cornerstonespecialty,com INSURER(S) AFFORDING COVERAGE NAIC A 1NSURERA RLI Insurance Company 13056 INSURED DAVID VOLZ DESIGN LANDSCAPE ARCHITECTURE, INC. 151 Kalmus Drive, Ste. M-8 Costa Mesa CA 92626 INSURERS Liberty Insurance Underwriters 19917 INSURERC INSURER INSURER E INSURERF COVERAGES CERTIFICATE NUMBER: 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 POLICY NUMBER MPOLICY EFF POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMSMADE 5JOCCUR PREMISES Ea occurrence S 1,000,000 X MEDEXP one $ 10,000 ADDTIL INSURED/PRIMARY X RSB00D1408 3/14/2015 3/14/2016 X BLNKT WVR OF SUBRO PERSONAL & ADV INJURY $ INCLUDED PER FORM OPPB3040610 GEITL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 AS REQUIRED BY WRITTEN PRODUCTS-COMPIOPAGG $ 2,000,000 POLICY PRO- LOC CONTRACT $ OTHER CONTRACTUAL LIAB INCLD AUTOMOBILE LIABILITY COMBINED sINUffTff.r-- Ea accsdentl I S 1,000,000 BODILY INJURY (Per person) S A ANY AUTO ATOSCHEDULED AUUTOSS AUTOS X HIRED AUTOS X NON OWNED X PSBOD01408 3/14/2015 3/14/2016 BODILY INJURY (Per accident) $ PROPER (Perraawde 1DAIMGE S $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS LIAR CLAIMS-I,ME DIED I I A -RETENTIONS -- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNERIEXECUTIVE YIN OFFICERWEMBER EXCLUDED? (Mandatory In NH) NIA PSW0001346 3/14/2015 3/14/2016 X STATUTE ER EL EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 E L DISEASE - POLICY LIMIT 1 S 1,000,000 If yes dascnbe under DESCRIPTION OF OPERATIONS belmi B PROWESSIONAL LIABILITY AEA100668-0003 3/14/2015 3/14/2016 EACH CLAIM $2,000,000 Claims Made ANNUALAGGREGATE 02,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is requlrad) Certificate Holder, its officers, elected or appointed officials, employees, agents and volunteers are Additional Insured for General and Non -Owned & Hired Auto Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is sub3ect to all policy terms and conditions. *30 days notice of cancellation, except for 10 days notice for non-payment of premium. For Professional Liability coverage, the aggregate limit is the total insurance available for all covered claims reported within the policy period. ogonzalez@surfcity-hb.org City of Huntington Beach 2000 Main Street Huntington Beach, CA 92646-2702 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 La Rue/AIMEEL ©19BB-2014 ACORD CURYUKATIVN Ail rtgnts reserves. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD I N S026 (201401) APPROVED AS TO FORM sy; P ✓k F� Michael Gates, City Attorney Policy Number. PSB0001408 RLI Insurance Company Named Insured: David Volz Design Landscape Architecttiie, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY Schedule Name of Person(s) or Organization(s) The City of Huntington Beach, Its officers, elected or appointed officials, employees, agents, and volunteers 1. SECTION II C. Who Is An Insured is amended to include as an additional insured the person or organization shown In the schedule above, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf a In the performance of your ongoing operations, b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a This insurance does not apply to the rendering of or failure to render any "professional services" b. This endorsement does not increase any of the limits of insurance stated In D Liability And Medical Expenses Limits of Insurance 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION 11 — LIABILITY) However, if you specifically agree In a contract or agreement that the insurance provided to an additional insured under this policy 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 additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that a The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement, or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION 111 K 2 Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO SECTION I- PROPERTY AND SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising Injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 313 0610 Page 1 of 1 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. 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 Schedule 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 03-14-2015 Policy No PSW0001346 Endorsement No 1 Insured David Volz Design landscape Insurance Company RLI Insurance Company Architecture, ]no City ®f Huntington Beat 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 4 www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 24, 2015 David Volz Design 151 Kalmus Drive, Suite M-8 Costa Mesa, CA 92626 To Whom it May Concern Enclosed for your records is a duplicate original of the fully executed "Amendment No 4 to Agreement Between The City of Huntington Beach and David Volz Design for Landscape Architectural Services " Sincerely, 4- 9Jn L FIynn, CMC City Clerk JF pe Enclosure Sister Cities Anjo, Japan ® Waitakere, New Zealand Dept. ID CS 14-033 Page 1 of 2 Meeting Date: 12/15/2014 / j 4,4 r CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 12/15/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve and authorize appropriation of funds and execution of Amendment No. 3 to Professional Services Agreement with David Volz Design for Park Design and Landscape Architectural Services Statement of Issue: An amendment to the Professional Services Agreement between the City and David Volz Design is required. Financial Impact: An appropriation of $113,000 is required from the Park Acquisition and Development Fund (Fund 209) fund balance. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 3 to Agreement Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services" providing additional services in an amount not to exceed $185,000; and, B) Authorize the appropriation of $113,000 from the Park Acquisition and Development Fund (Fund 209) fund balance into account 20945101.69365 for additional services. Alternative Action(s), Do not approve Amendment No. 3 and direct staff accordingly. Analysis: On December 2, 2007, City Council approved the original professional services contract with David Volz Design for landscape architectural services associated with the development of Bartlett and Wardlow Parks in the amount of $250,000. Since the original agreement was approved, there have been two contract amendments .extending the term of the agreement, but neither amendment included any compensation increases. The current agreement expires September 30, 2015. At this time, there is a need to increase the contract compensation by an additional $185,000. This need is a result of the extra services required to complete the California Environmental Quality Act process, Initial Study and Mitigated Negative Declaration (MND) services for the Bartlett Park project. Amendment No. 3 will provide the necessary funds to close out the environmental study phase of the project for this multi -year project. Item 16. - 1 HB -210- Dept. ID CS 14-033 Page 2 of 2 Meeting Date: 12/15/2014 The appropriation of $113,000 being requested as part of this City Council action is less than the contract compensation increase of $185,000 because a total of $72,000 is already encumbered as part of the City's Capital Improvement Program. Environmental Status: Not applicable Strategic Plan Goal: Enhance Quality of Life Attachment(s): 1. Amendment No. 3 to Agreement between the City of Huntington Beach and David Volz Design. 2. Original and Amended Contracts between the City of Huntington Beach and David Volz Design. HB -211- Item 16. - 2 - - T CHMENT #1 A AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVID VOLZ DESIGN FOR LANDSCAPE ARCHITECTURAL SERVICES THIS AMENDMENT NO. 3 is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and DAVID VOLZ DESIGN, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated January 2, 2007, entitled Professional Services Agreement Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services, which agreement shall hereinafter be referred to as the "Original Agreement;" and The Original Agreement was amended on January 19, 2010 by the agreement entitled "Amendment No. 1 to Agreement Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services; and The Original Agreement was amended on May 20, 2013 by the agreement entitled "Amendment No. 2 to Agreement Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services"; and CITY and CONSULTANT wish to amend the Original Agreement to reflect the additional work to be performed by CONSULTANT and the additional compensation to be paid in consideration thereof by CITY to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: ADDITIONAL WORK CONSULTANT shall provide to CITY such additional services as required by CITY to complete the PROJECT as set forth in the Original Agreement, 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed as described in Section 1, CITY agrees to pay CONSULTANT an additional sum not to exceed one hundred eighty-five thousand dollars ($185,000.00). The additional sum shall be added to the original sum of two hundred fifty thousand dollars ($250,000.00) for a new total contract amount of four hundred thirty-five thousand dollars ($435,000.00). 14-4462/114250 REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on DAVID VOLZ DESIGN B :9 A4 print name ITS: (circle ooze) Chairm residen ice President AND By: print name ITS: (circle on ecretary/ hief Financial Officer/ Asst. Secretary - Treasurer 14-4462/114250 2 K � h �jL INITI D AND APPROVED: Di c ommunity Services APP VED AS TO FORM: _ -A W�( Ci Attomley 1Q ico O t""A<4 REVIV�AND APPROVED: Cit�Jger I DO HEREBY CERTIFY AS FOLLOWS: That I ain the duly elected, qualified and acting Secretary of the above -named corporation, that the foregoing Bylaws were adopted as the Bylaws of said corporation on the date set forth above by the person(s) named in the Articles of Incorporation as the Incorporator(s) of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this day of .�.::�a ,� , 1999. S AVI VOLZ, S ecret y -17- -�® CERTIFICATE F LIABILITY INSURANCE � DATE(I.tIUDDIYYYY) 3/3/2014 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((es) must 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 Cornerstone Specialty Insurance Services, Inc, 14252 Culver Drive, A299 Irvine CA 92604 CONTACT Aimee La Rue PHONE (714)731-7700 F� N ; (714)731-7750 EDDLS.aimee@cornerstonespecialty.com INSURERS AFFORDING COVERAGE NAIC tf INSURERA:RLI Insurance Company 13056 INSURED DAVID VOLZ DESIGN LANDSCAPE ARCHITECTURE, INC. 151 Kalmus Drive, Ste. M-8 Costa Mesa CA 92626 INSURER B:Liberty Insurance Underwriters 19917 INSURERC: INSURERD: INSURER E . INSURER F: (1nVFRAC3F1q CERTIFICATE NLIMBER:14/15 ALL COVERAGES 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, ILTR TYPE OF INSURANCE S POLICYNUMBER PM. D EFF POVCD�LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COA4dERCULLGENERALLIABILITY rDDIL At. GE TOR )1,000,000 PREMI ES Eaoaufrence SA MED EXP Any one Person) $ 10,000 CLAIMS -MADE �OCCUR PSB0001408 /14/2014 /14/2015 PERSONAL & ADV INJURY $ INCLUDED X ADDTL INSURED/PRIGIARY PER FOR24 UPPB3040610 X 13LNKT WVR OF SUBRO GENERAL AGGREGATE $ 2,000,000 AS REQUIRED BY WRITTEN GENL AGGREGATE LIMIT APPLIES PER! PRODUCTS-COI,IPIOPAGG S 2,000,000 CONTRACT $ POLICY X PRO LOC ONTRACTUAL LIAR INCLD AUTOMOBILE LIABILITY Ea Bl�� SINGLE LIMIT � 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A ALL OWNED SCHEDULED x SB0001408 /14/2014 /14/2015 BODILY INJURY (Per accident) $ AUTOS AUTOS NON-01hTiE0 X HIRED AUTOS H AUTOS h• ;..+y)t!t i f., t 1 ��.. + ft IXXV) Per�deen(TY DAt.9AGE S S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS LAB HCLAIMS-MADE I ` 4 ' At RETENTIONS $ A _.EDT1 WORKERS COMPENSATION X VNC STATU- OM H- AND EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNERIEXECUTIVE E.L EACH ACCIDENT $ 1,000,000 E.LDISEASE- EAEMPLOYE S 1,000,000 OFFICERAIEMBER EXCLUDED? ] (Mandatory In NH) N / A 3W0001346 /19/2019 /14/2015 E.L DISEASE - POLICY L"Aff $ 1 000 000 It yes, describe under DESCRtPTION OF OPERATIONS beknv B PROFESSIONAL LIABILITX 100668-0002 /14/2014 /14/2015 EACH CLAIM $2,000,000 Claims Made ANNUALAGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (Attach ACORD 101, Additional Romarks Schedule, If more space Is required) Certificate Holder, its officers, elected or appointed officials, employees, agents and volunteers are Additional Insured for General and Non -Owned & Hired Auto Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement, Coverage is subject to all policy terms and conditions. *30 days notice of cancellation, except for 10 days notice for non-payment of premium. For Professional Liability coverage, the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER (:ANUf_LLA I IUN cgonzalez@surfcity-hb.org City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648--2702 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 La Rue/AIMEEL ACORD 26 (2010105) INS026 poim),oi U1958-2010 AGVKU UUKNUKAIIUN. Ali rignis reserveu. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0001408 Named insured; David Volz Design Landscape Architecture, Inc, RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ON MICIAIgINA'Awn., slim This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION 11-- LIABILITY Schedule Name of Person(s) or Organization(s): The City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers 1. SECTION II C. Who Is An Insured is amended to include as an additional insured the person or organization shown in the schedule above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. in the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The Insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply to the rendering of or failure to render any "professional services". b. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION Il -- LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy 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 additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. A. The following is added to SECTION III K.2 Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO SECTION I- PROPERTY AND SECTION 11— LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 313 0610 Page 1 of 1 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 44 03 46 (Ed. 44-841 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. (Phis 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 Califomia workers` compensation premium otherwise due on such remuneration. Person or Organization Ail persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before a loss Schedule 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 03-14-2014 Poilcy No. PSW0001346 Endorsement No. 1 Insured David Volz Design landscape Insurance Company RLI Insurance Company Architecture, Inc. - _ All TK AT AML t;m ri I, 1'�Dept, 01D CS 13-006 Page I of 3 Meeting Date: 5/20/2013 MEETING DATE. 5/20/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBJECT: 'Approve and authorize execution of Amendments for As -Needed Professional Design/Landscape Architectural Services Professional Services Contracts with Nuvis,'RJM Design Group, and David Volz Des Statement of Issue: Amendments to Professional Services Contracts with Nuvis, RJM Design Group, and David Volz azo�gn Worthy Park, and Bartlett Park. Financial Impact: A total of $15D,000 Is available in Park Acquisition and Development Fund 209 to fund the tota' additional services amount. Recommended Action: A), Approve and authorize the Mayor and City Clerk to execute 'Amendment No. I to Agreement Architectural Services" providing additional services in an amount not to exceed $75,000 and extending the term through Septembeir 30, 2015; and, B) Approve and authorize the Mayor and City Clerk to execute "Amendment No. I to Agreement Between the City of Huntington Beach and RJM Design Group, Inc. ibr As Needed Professional Design/Landscape Architectural Services" providing additional services in an amount not to exceed $75,000; and, 157 Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services;" and, I I I MIANN'l- IMIRITHOWGIRV Im Altemative Action(s): A. ;1Yxn-kNVA4j162 T+,.," 17 - - I H-P -1 AR - Item 16. - 5 BB -214- Dept. ID C$ 13-006 Page 2 of 3 1 Meeting Date: 512012013 Analysis: On June 7, 2010, City Council approved professional services contracts for "as -needed" professional design/landscape architectural services with Nuvis and RJM Design Group in the amount of $300,000 each, In general, the scope of work for landscape architecture firms. may involve all phases of a development project, including preliminary plans and design (layouts, surveying, architectural services, and estimates of probable costs), entitlement/permits, construction documents, as well as bidding and construction processes. "As -needed" contracts are beneficial when working on multi -year, multl-faceted development projects in that contractors can expand when required to address the specific areas of expertise required for any given project. "As -needed" contracts also allow staff the flexibility to respond to unanticipated park development projects which may arise. In addition to "As -Needed" services, NUVIS and RJM were assigned projects which are currently Included in the City Council approved Capital Improvement Project list. Their services are required to complete the projects below. I M=&3FT 1011�s a 113R]911� H— HB -2 15- ItOrltem 16. -'6 CIT1 OF AlfiiN"1'11'6'1�,olii;,bp,)..Uf.,-.N-,yjprrA-tyl-rorrsfri,,,, FOR LANDSCAPE ARCHITECTURAL SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "MY," and DAVID VOLZ DESIGN, a California corporation, hereinafter referred to as "CONSULTANT." WBEREAS, CITY and CONSULTANT are parties to that certain agreement, dated January 2,2007, entitled Professional Services Agreement Between the City of Huntington Beach and David Volz Design for Landcape Architectural Services, which agreement shall hereinafter be referred to as the "Original Agreement;" and - The Original Agreement was amended on January 19, 2010 by the agreement entitled "Amendment No. I to Agreement Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services; and CITY and CONSULTANT wish to amend the Original Agreement to reflect the Rdditional work to be performed by CONSULTANT and the term of the Original Agreement, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: . Effective January 1, 2011, the term of the Agreement shall extend through September 30, 2015. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 13-3731/95275 Item 16. - 7 HB -216- IN WITNESS WBEREOF, the parties hereto have caused this Agreement to be zxeouted by and through their authorized officers on If 13 1.1 lCtAvin—vair — print n ITS: (circle one) Chaim, Gresiden, ice President ' AND B o d 0 print name IT&one) Secretary/Chief Financial Officer/ AS .=::tary Treamirer R V Fjrec&UVunit�yServices APPROVEDS TO FORM: ity Att ey V(Z W?,iiJ Vq 'J 13-3731/95275 2 HB -217- Item 16. - 8 Z-. Council/Agency Meeting Held- -19—d,010 Deferred/Continued to: -�'-ff"CAIeWSigna e 1groved ijall, Approved J Denied I Council Meeting Date: 1 / 1 ln/201 0 Department ID Number: CS 10-001 SUBMITTED TO: HONORABLE MAYOR AND CITY COU MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST PREPARED BY: JIM B. ENGLE, DIRECTOR OF COM44NITY SERVIC SUBJECT: Approve Amendment No. I to Agreement with David Vo)7Design Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,, Statement of Issue: An amendment to the Professional Services Agreement with D�v Volz Design is required to extend the contract time in order to complete professional se rvicl for Bartlett Park Environmental Assessment and Conceptual Plan. Funding Source: Funding is available in Park Acquisition and Development (PA& Fund, Account 20945001.69365. Full project amount is budgeted in FY 2009/2010. 1 Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement between the City of Huntington Beach and David Volz Design for Landscape Architectural Services. Alternative ActionUs : cee Item 16. - 9 HB -218- REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 1/19/2010 DEPARTMENT ID NUMBER: CS 10-001 QM= In 2006, proposals for professional design/ landscape architectural services were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal code. The City Council authorized professional services agreements with three firms, including David Volz Design. In 2007, David Volz Design began preparation of a master plan and preliminary design work for Wardlow Neighborhood Park, to provide. public parking needed to serve park users.and Huntington Valley Little League, The parking area at Wardlow School was no longer available... due to the sale of the school site by Fountain Valley School District. Replacement parking on the park property was deemed needed. The project was approved by City Council as part of the Capital Improvement Project budget. Due, in part,to delays with the private developer who purchased the Wardlow School site, staff has been unable to proceed with finalization of the project. In 2009, David Volz Design began Phase I of Bartlett Park Environmental Assessment and Conceptual Plan. The current professional services agreement must be extended in order to take this project through to completion, with preparation of construction plans and specifications. The current contract With David Volz Design terminates in January 2010, and given the complexity of the project, delays by the school's developer to final its residential plans and the need to then prepare the park construction plans, work Will continue beyond that date. Funds are currently budgeted and are available to complete the projects. Approval of Amendment No. 1 to Agreement between the City of Huntington Beach and David Volz Design is proposed to provide continuity and insure completion of these projects. Environmental Status: Not applicable for this action. Attachmengs 1: -2- 12121/2009 8:06 AM JiB -219- Item 16. - 10 Item 16. - 11 HB -220- C. AMENDMENT NO. I TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVID VOLZ DESIGN FOR LANDSCAPE ARCHITECTURAL SERVICES TFUS AMENDMENT is made and entered .into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City", and DAVID VOLZ, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated January 2, 2007, entitled "Professional Services Contract Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to extend the term thereof for one additional year, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. TERM; TIME OF PERFORMANCE Paragraph 3 of the Original Agreement, TERM; TIME OF PERFORMANCE is hereby amended to extend the term of the Original Agreement to and including January 2, 2011. 2. Paragraph 16, NOTICES, is hereby amended to reflect Consultant's current address for notices as follows: David Volz Design 151 Kalmus Drive Suite M-8 Costa Mesa, CA 92626 09-2339/41764 I HB -221- Item 16. - 12 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be -- —I-_ executed by and through their authorized officers Q4r1)UA1ev AND vid Volz, Secretary 'dministrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 'City Clerk d 0 /L-)-N INITIATED AND APPROVED: Direor o2C—o�iximunity S ices APPROVED AS TO FORM: City Attorney t0 3 09-2339/41764 2 Item 16. - 13 HB -222- Staternentof Issue: The Cotmu ity..Services Department requires landscape archltectural services on an :as -needed basis to support staff for landscape sin`ad ccastructicn for capital projects and -city facilities: F i c o r e: Fun s.are budgeted in Park Ac uisiti6n.a d. Development Fund209,: Redevelopment Agency Fund 305, and' Community Development, Block Grant Funds 857 nd,8 7 in..FY 200.612007 for capital -improvement. proects. Additional funds.will be budgeted in future, years.' budgets fair themu7ltkyear contracts. (FY06/07 examples: Edison Park #209451.01; Blufftop Restrooms 30585201; Gun Range 'Remedial Action Plan #20945102; . Le and Park ,#20945101; Pier Buildings' 30585201; 'Visitor's Kiosk. 30585201;:1N rdl w Park 20945101) Recommended Action: -Motion to. Approve and authorize the Mayor and City. Clerk to execute professional services contracts with three. qualified landscape architect firms `(David.. Volz� Design, NUVIS' Landscape Architecture & Planning and :RJM.Desi n Group, inc.) for as -needed landscape. architectural. services for an mount.not to exceed.Two Hundred Fifty.Thousand Dollars ($250,000} each over a three-year term.. Alternative Action: Do not authorize the contracts and advise staff how, to proceed. N G{ 1//:5 11�ic �✓� Item 16. - 14 xB -_?>- REQUEST FOR CITY COUNCIL ACTION REQUEST FOR: CITY COUNCIL ACTION Item 16. - 17 -226- PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVID VOLZ DESIGN FOR LANDSCAPE ARCHITECTURAL SERVICES Table of Contents lScope of Services ............................................ ............ ..........................:1 2 City Staff Assistance ................ 2 3 Tenn; Time of Performance............................................................. 2 4 Compensation :.......:.:.................:............................:..............................................2 5 Extra Work..............:..............................................................................................2 6 Method of Payment ............... ...................... ....................................... 3 7 and Other Documents ............ Disposition • f Plans Estimates O ..... •.. . .... 3 ., ...... $ Hold Harmless ........,... ... ................ .....:............... ...........................................3 9 Professional Liability Insurance .................................. .......... --............... . 4` 10 `.............:..:......;.,.,..................-..............................I..,,.., Certificate of Insurance ..:...:5 - 11 Independent Contractor..:,....::..........................::.:..,......,........................................,..6" 12 Termination of Agreement ................ ............................... .......... ................. . .............. 6 13 Assignrnentand Delegation ................. .... 6 14 Copyrights/Patents ..... ......, ............................................ ..7 15 City Employees and Officials ................ ......... .. " ........4................ 7 16 Notices. :........ ....... ... .. ............... , , ........7 1 7 Consent ............... ...., .... C •• .....,...................., ., $ . 1$ Modification ............................. :.......... ............... ........ $ 19 Section Headings ............ ...... . ...................... $ 20 Interpretation of this Agreement........ ................................. .................. .. $ 21 . Duplicate Original .............. ............ ............. ....... ............... ............ ............... ..,,,........ 22 Immigration, ............... ....... " ....................... ,...................... 9 . 23 Legal Services Subcontracting -Prohibited .......... .................... ..:...:........... .........,...... 9 " 24 Attorneys Fees. ..........................................:..,........,.:..........................,.:...,.. . . 25 Survival.. ....:.................:::.............................,........................................................... 10 � 26 Governing Law ...................... ...........................................................1 27 Entirety—...................: ,.... ...............,... .......................... ...1Q 06-3.32/2808 Item 16. - 18 HB -227- i 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.." VIHEREAS, 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, i NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I . 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, 06-332/2808 1 Item 16. - 19 HB -?�s- 3. TERM TIMEOF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on V_O�, 20pi (the "Commencement Date" . This Agreement shall automatically ten-ninate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein.. All.tasks specified inExhibit "A" shall be completed by the deadlines assigned on the Commencement Date of this Agreement: The time. foe 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.serviees described herein, CITY agrees to pay CONSULTANT on a time and materials basis 'at the rates specified in. Exhibit " ,f' which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed .Two Hundred Fifty. Thousand Dollars ($250,000.00). 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 tr O6-33=809 2 HB -229- Iter i. 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 casts (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 cast 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.. I� 4. PROFESSIONAL LIABILITY INSURANCE liability. CONSULTANT .shall obtain and furnish to CITY a p 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.. TY.- A. claims -made policy shall be acceptable tithe policy further provides that: A.: The policy retroactive date coincides with or precedes the initiation of the scope of world (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall. notify CITY of circumstances or incidents that night give rise to future, claims. CONSULTANT will make`every effort to maintain similar insurance during the rewired 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, CONSULTAN T shall furnish to CITY a certificate of insurance subject to approval of the City -Attorney evidencing the , foregoing insurance coverage as required by this Agreement; the certificate. shall. A. provide the Warne and policy number of each carrier and policy; 06-332t2808 xB -231- Item 16. - 22 B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by I. 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 CON ULTANT'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 pregniums on the insurance hereinabove required: 11. 4NDEPENDENT CONTRACTOR CONSULTANT is, .and shall be, acting 41, 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, socialsecurity, 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.andlot the services to be performed hereunder. 1.2. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner..CITY inay terminate CONSULTANT°s services hereunder at any time with or without 06-332/2808 5 Item 16. - 23 HB -2;2- 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 assignm ent, delegation . or subcontract. is approved, all approved assignees, delegates and subconsultants must satisfy the insurance i. requirements, as set forth in Sections 9 and 10 hereinabove, IA". COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright an any work, item or material I _ i 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 perfonned pursuant "to this Agreement. No officer or employee of CITY. shall have �. any financial interest in this Agreement in violation ofthe applicable provisions of Cidifornia . Government Code. . l I 16:-- NOTICES Any notices; certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANTs agent (as designated- in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, .postage= 06-332/2808 6 xB -? - Item 16. - 24 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 theother. 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 A : 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 forone transaction. or event shall not be -deemed to be a consent/approval to y 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 nonrepresentative 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. 06-332,12808 7 Item 16. - 25 l4B -234- 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 provided here. 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 a: to require the commission of any.act contrary to law, and wherever there is any conflict. between y 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., f this Agreement which is hereby affected shall be curtailedeand, limited only, to th€ 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 prepares and signed in counterparts as duplicate originals, each of which so executed shall, irrespective o the date of. its execution and delivery; be deemed an original. Each duplicate original shall. b4 deemed an original instrument. as against any party who has signed- it. 22. IMMIGRATION CONSULTANT shall be responsible, for. full compliance with the iinmigratioi and naturalization laws of the United States- and shall, in particular, comply with the provision of the United States Cade regarding employment verification. 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 I 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. I. 24. ATTORNEY' S FEES In the event suit is brought by either party.io 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 prevailingparty 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 behalf, which are not embodied in this j 06-33212809 9 Item 16. - 27 HB -236- 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 1. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized "officers on l..J p , 20 • DAVID VOLZ DESIGN, a California CITY OF HIJNTINGTON BEACH; Corporation ..a municipal corporation of the- State of California. y ��-=- Mayor print name - ". ITS: (Circle one) Chaff ntPresident/v e President ty ClerkAND I. -` Dam. APPROVED AS TO FORM: print name ircle one} Secretary/Chief Financial ()fficerlAsst. %� f ecretary Treasurer" Ai Attorne Kif - 4 t C/ tg � I VIEWED AND APPROVED: INITIATED AND APPROVED:. City Admi •strator Direr of Community .Servic 1. 06-3321.2808 1 HB -237- Item 16. - 28 City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk December 18, 2014 David Volz Design 151 Kalmus Drive, Suite M-8 Costa Mesa, CA 92626 To Whom It May Concern: Enclosed for your records is a duplicate original of "amendment No. 3 to Agreement Between the City of Huntington Beach and David Volz Design for Landscape Architectu Services." Sincerely, JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand �f G Dept. ID CS 13-006 Page 1 of 3 Meeting Date: 5/20/2013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/20/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Interim Director of Community Services SUBJECT: Approve and authorize execution of Amendments for As -Needed Professional Design/Landscape Architectural Services Professional Services Contracts with Nuvis, RJM Design Group, and David Volz Design Statement of Issue: Amendments to Professional Services Contracts with Nuvis, RJM Design Group, and David Volz Design are required for the completion of design/landscape architectural services for Le Bard Park, Worthy Park, and Bartlett Park. Financial Impact: A total of $150,000 is available in Park Acquisition and Development Fund 209 to fund the total additional services amount. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and Nuvis for As Needed Professional Design/Landscape Architectural Services" providing additional services in an amount not to exceed $75,000 and C extending the term through September 30, 2015; and, B) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement I'l Between the City of Huntington Beach and RJM Design Group, Inc. for As Needed Professional Design/Landscape Architectural Services" providing additional services in an amount not to exceed $75,000; and, C) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Agreement Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services;" and, -- -�/ D) Authorize the appropriation of $150,000 from the Park Acquisition and Development Fund 209 (PAD) Fund balance into PAD account 20945101.69300 for additional as -needed services. Alternative Action(s): Do not approve and direct staff accordingly. Item 7. - I xB -168- Dept. ID CS 13-006 Page 2 of 3 Meeting Date: 5/20/2013 Analysis: On June 7, 2010, City Council approved professional services contracts for "as -needed" professional design/landscape architectural services with Nuvis and RJM Design Group in the amount of $300,000 each. In general, the scope of work for landscape architecture firms may involve all phases of a development project, including preliminary plans and design (layouts, surveying, architectural services, and estimates of probable costs), entitlement/permits, construction documents, as well as bidding and construction processes. "As -needed" contracts are beneficial when working on multi -year, multi -faceted development projects in that contractors can expand when required to address the specific areas of expertise required for any given project. "As -needed" contracts also allow staff the flexibility to respond to unanticipated park development projects which may arise. In addition to "As -Needed" services, NUVIS and RJM were assigned projects which are currently included in the City Council approved Capital Improvement Project list. Their services are required to complete the projects below. Nuvis is the contractor for the LeBard project which includes the completion of construction plans and specifications for the undeveloped two -acre portion of LeBard Park. Professional services completed to date include the development of preliminary plans and construction documents. This project has been delayed on several occasions due to unforeseen environmental issues and the potential for the entire park area to be reconfigured as part of the Huntington Beach Elementary School District's development plans for LeBard School. RJM Design Group is the contractor for the Worthy Park project which consists of the demolition of the closed racquetball building and reconfiguration of the park to include additional recreational amenities and public restroom. Work includes the preparation of a conceptual plan which will include a tot lot, picnic areas, sport courts, and a restroom. It is anticipated that the time needed to finalize the conceptual plan for approval of an amended Master Plan will require the project schedule to extend beyond the term of the existing contract. Due to the amount of work already completed by these firms, staff is recommending that the terms of the original contracts be extended until September 2015. In addition, staff is requesting an increase of $75,000 for each contract, bringing the total not to exceed amount for "as -needed" services to $375,000 each. These additional funds would be available to respond to unforeseen project contingencies, as well as other miscellaneous projects that may require design services in the next two years and would only be used when needed. On January 2, 2007, City Council approved a professional services contract with David Volz Design in the amount of $250,000. On January 19, 2010, City Council approved Amendment No. 1 to this contract which extended the term of the original agreement to January 2, 2011. David Volz Design is the contractor for the Bartlett Park project. This multi -year project includes construction plans and specifications to determine possible uses and development of Bartlett Park for passive, recreational use, including preservation of native habitat and vegetation. Work completed to date includes an evaluation of opportunities and constraints, community outreach meetings, a preliminary conceptual plan, and development of project alternatives. Unfortunately, due to a number of timing issues associated with this project and staffing constraints, the contract has expired. However, because David Volz Design has already expended a significant number of hours on this project and in order to preserve project efficiencies and maintain continuity, staff is recommending a retroactive extension of the contract through September 2015. No additional contract increases are required to complete this project. Environmental Status: Not Applicable xB -169- Item 7. - 2 Dept. ID CS 13-006 Page 3 of 3 Meeting Date: 5/20/2013 Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. "Amendment No. 1 to Agreement Between the City of Huntington Beach and Nuvis for As Needed Professional Design/Landscape Architectural Services" 2. "Amendment No. 1 to Agreement Between the City of Huntington Beach and RJM Design Group, Inc. for As Needed Professional Design/Landscape Architectural Services" 3. "Amendment No. 2 to Agreement Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services" Item 7. - 3 xB -170- ATTACHMENT #3 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVID VOLZ DESIGN FOR LANDSCAPE ARCHITECTURAL SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and DAVID VOLZ DESIGN, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated January 2, 2007. entitled Professional Services Agreement Between the City of Huntington Beach and David Volz Design for Landcape Architectural Services, which agreement shall hereinafter be referred to as the "Original Agreement;" and The Original Agreement was amended on January 19, 2010 by the agreement entitled "Amendment No. 1 to Agreement Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services: and CITY and CONSULTANT wish to amend the Original Agreement to reflect the additional work to be performed by CONSULTANT and the term of the Original Agreement, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: ADDITIONAL WORK CONSULTANT shall provide to CITY such additional services as required by CITY, including, as needed professional design/landscape architectural services as described in Exhibit A to the Original Agreement, a copy of which is attached hereto as Exhibit "A," and incorporated by this reference as though fully set forth herein. 2. TERM Effective January 1, 2011, the term of the Agreement shall extend through September 30, 2015. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 13-3731/95275 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on plew 'AD '-'� /_3 DAVID VOLZ DESIGN print na ITS: (circle one) Chairm resident ice President AND Bs print name ITS;one) Secretary/Chief Financial Officer/ As.. Secretary "Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Cornia , Mayor City - y .` INITIATED AND APPROVED: C�& (I --^ Direc r unity Services APPROVED S. TO FORM: s ity Attey pig®UJ 13-3731/95275 2 CERTIFICATE BY SECRETARY I DO HEREBY CERTIFY AS FOLLOWS: That I am the duly elected, qualified and acting Secretary of the above -named corporation, that the foregoing Bylaws were adopted as the Bylaws of said corporation on the date set forth above by the person(s) named in the .Articles of Incorporation as the Incorporator(s) of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal tlus �3 day o _ , 1999. ----------------- VOLZ, Secret -17- T �. As needed Services City of Huntington Beach a UNDERSTANDING & APPR.QACII Undentanding David Volz Design understands that the City of Huntington Beach requires a full -service landscape architectural firm to oversee a va- nety of public facilities projects on an as -needed basis.. This firm will serve as a representative of the City and will act as ari 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 H 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. 2 As needed Services City of Huntington Beach Edison Cotnmunio., Park This is an important facility for the city's Southern residents. Some..:, of the facilities are dated and ineflYcient and could use a bit of re-. fiubishment. 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 Iwere able to. do. at he 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. WardlowPark Recon, figuration 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 park. 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 anew 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. Afu1 dy 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, . Defusing 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 As needed Services City of Huntington Beach to be an extension of your city's staff and would be happy to work on the initial program development right through to implementa- tion. Huntington Central Park, 16 Acres The city is closing in on full development of this outstanding park. DVD would like to be a part of the. process that has several dec- ades of development history. Parking, picnicking, new play facili- ties, all developed within the Master Plan, will be great additions to the facility and further broaden the many recreational opportuni- ties of this grand park. 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 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 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 parks project. 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 ("on -Call") agreements. Our sue-. cess and effectiveness with multi -task agreements is based on our F: . 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. �I u As needed Services City of 'Huntington 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 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 - meet; Submit and Review Final Documents with Client; Assist Client with bid package prepa- ration, bid evaluation and con- tract award; Provide construction management services, including pre - construction conference, site ob- servation, review construction documentation and coordinate the team and quality control Project close out services; such as preparation .of punch lists, final walk through, as -built drawings, 0 Ell IU ,A As needed Services City vfHuntington 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. The City of Huntington Beach can expect to receive monthly pro- gress reports on all projects assigned to DVD. 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 am 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- vise 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 PlanWell 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 j the Cityr ual' contractors for proposed projects toensurethe pre -qualify p p P J ' .�br '•. highest possible quality of work. B r y s °'.r.r rx.r , a n a h Park _. : S Our ability to the City of Huntington Beach effectively is serve _ . 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 t ,; j, your City's environment. . As needed Semices City} of Huntington Beach J I I D j n D j 11! R® �C'O® COO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/2/2013 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 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 Cornerstone Specialty Insurance Services, Inc. 14252 Culver Drive, A299 Irvine CA 92604 CONTACT Aimee La Rue - NAME. PHONE AC.(714) 731-7700 AIC No: (714)731-7750 E-MADDRESS:aimee@cornerstonespecialty.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:RLI Insurance Company 13056 INSURED DAVID VOLZ DESIGN LANDSCAPE ARCHITECTURE, INC. 151 Kalmus Drive, Ste. M-8 Costa Mesa CA 92626 INSURER B:Liberty Ins. Underwriters Inc. 19917 INSURERC: INSURERD: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: 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. TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY N DDY� MM/DDYEXP /YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 rA MERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 10,000 CLAIMS -MADE OCCUR tX_ X SB0001408 /14/2013 /14/2014 PERSONAL & ADV INJURY $ INCLUDED DTL INSURED/PRIMARY PER ATTACHED END1T X BLNKT WVR OF SUBRO GENERAL AGGREGATE $ 2,000,000 AS REQUIRED BY WRITTEN GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 CONTRACT $ PRO LOC POLICY X I CONTRACTUAL LIAB INCLD AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ ANY AUTO A ALL OWNED SCHEDULED X SB0001408 /14/2013 /14/2014 BODILY INJURY (Per accident) $ AUTOS AUTOS X X NON -OWNED PROPERTY DAMAGE Per accident $ HIRED AUTOS AUTOS $ A.}� PROV ' , UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB ER pp DED RETENTION $ 1 A WORKERS COMPENSATION EMPLOYERS' LIABILITY � � / � X WC STATU- OTH- E.L. EACH ACCIDENT $ 1 000 000 AND ANY PROPRIETOR/PARTNER/EXECUTIVE [ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 - OFFICER/MEMBEREXCLUDED? (Mandatory in NH) NIA 346 SW0001 /14/2013 /14/2014 E.L. DISEASE -POLICY LIMIT $ 1,000,200 If yes, describe under DESCRIPTION OF OPERATIONS below B PROFESSIONAL LIABILITY A100668-0002 /14/2013 /14/2014 EACH CLAIM $2,000,000 Claims Made ANNUAL AGGREGATE $2 , 000 , 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder, its officers, elected or appointed officials, employees, agents and volunteers are Additional Insured for General and Non -Owned & Hired Auto Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and conditions. *30 days notice of cancellation, except for 10 days notice for non-payment of premium. For Professional Liability coverage, the aggregate limit is the total insurance available for all covered claims reported within the policy period. laKIlrIUAIr- KULUtK 1iF11YVGLLM11V11 cgonzalez@surfcity-hb.org City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 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 La Rue/AIMEEL ACORD 25 (2010/05) U 1988-ZU1 U AUUKU UUKVUKA I IUN. All n911115 reberveu. INS025 mmnn5i ni Tha ACrilon nnma and Innn ara ranicfararl marlrc of ACrilon Policy Number: PSB0001408 Named Insured: David Volz Design Landscape Architecture, Inc. RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY Schedule Name of Person(s) or Organization(s): The City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers 1. SECTION If C. Who Is An Insured is amended to include as an additional insured the person or organization shown in the schedule above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply to the rendering of or failure to render any "professional services". b. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION 11 — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy 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 additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K.2 Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO SECTION I- PROPERTY AND SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 313 0610 Page 1 of 1 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk May 22, 2013 David Volz Design' 151 Kalmus Drive, Suite M-8 Costa Mesa, CA 92626 To Whom It May Conern: Enclosed for your records is a copy of the fully executed "Amendment No. 2 to Agreement Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services." Sincerely, Jo . ':"Flynn, CIVIC City Clerk JF:pe Enclosure G:f611owup:agrmt1tr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Council/Agency Meeting Held: Deferred/Continued to: pproved ❑ o ditio a I Approved ❑Denied C' Cle Signa e Council Meeting Date: 1/19/2010 Department ID Number: CS 10-001 CITY OF HUNTINGTON REACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTR PREPARED BY: JIM B. ENGLE DIRECTOR OF COM NITY SERVIC SUBJECT: Approve Amendment No. 1 to Agreement with David Vo Design Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: An amendment to the Professional Services Agreement with David Volz Design is required to extend the contract time in order to complete professional services for Bartlett Park Environmental Assessment and Conceptual Plan. Funding Source: Funding is available in Park Acquisition and Development (PA&D) Fund, Account 20945001.69365. Full project amount is budgeted in FY 2009/2010. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement between the City of Huntington Beach and David Volz Design for Landscape Architectural Services. Alternative Action(s): Do not execute the agreement and direct staff on how to proceed. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 1/19/2010 DEPARTMENT ID NUMBER: CS 10-001 Analysis: In 2006, proposals for professional design/ landscape architectural services were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal code. The City Council authorized professional services agreements with three firms, including David Volz Design. In 2007, David Volz Design began preparation of a master plan and preliminary design work for Wardlow Neighborhood Park, to provide public parking needed to serve park users and Huntington Valley Little League. The parking area at Wardlow School was no longer available due to the sale of the school site by Fountain Valley School District. Replacement parking on the park property was deemed needed. The project was approved by City Council as part of the Capital Improvement Project budget. Due, in part,to delays with the private developer who purchased the Wardlow School site, staff has been unable to proceed with finalization of the project. In 2009, David Volz Design began Phase I of Bartlett Park Environmental Assessment and Conceptual Plan. The current professional services agreement must be extended in order to take this project through to completion, with preparation of construction plans and specifications. The current contract with David Volz Design terminates in January 2010, and given the complexity of the project, delays by the school's developer to final its residential plans and the need to then prepare the park construction plans, work will continue beyond that date. Funds are currently budgeted and are available to complete the projects. Approval of Amendment No. 1 to Agreement between the City of Huntington Beach and David Volz Design is proposed to provide continuity and insure completion of these projects. Strategic Plan Goal: Maintain, improve and obtain funding for public improvements. Environmental Status: Not applicable for this action. Attachment(s): -2- 12/21 /2009 8:06 AM - --- - _ , - � • -- - `i - -- AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVID VOLZ DESIGN FOR LANDSCAPE ARCHITECTURAL SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City", and DAVID VOLZ, a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated January 2, 2007, entitled "Professional Services Contract Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to amend the Original Agreement to extend the term thereof for one additional year, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. TERM; TIME OF PERFORMANCE Paragraph 3 of the Original Agreement, TERM; TIME OF PERFORMANCE is hereby amended to extend the term of the Original Agreement to and including January 2, 2011. 2. Paragraph 16, NOTICES, is hereby amended to reflect Consultant's current address for notices as follows: David Volz Design 151 Kalmus Drive Suite M-8 Costa Mesa, CA 92626 09-2339/41764 1 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers Q?g11J A-1tV DAVID VOLZ DESIGN, a California co oration s y: id Volz, President AND 4vid Volz, Secretary REVIE 4APPROVED: Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California INITIATED AND APPROVED: APPROVED AS TO FORM: City Attorney DkZ t-0 col kdq 09-2339/41764 2 .� - INITIATING DEPARTMENT: Community Services SUBJECT: Approve Amendment No. 'I to Agreement with David Volz Design COUNCIL MEETING DATE: January 19, 2010 . 'RCA . TTACH NTS : 'ST�4TUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Ap licable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable 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 Attorne) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attachelicable Not A 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 EXPLAHAT00HIFOR .W 0��:S.kHG ATTAGHMiv E� REl11 tip/ R TUR D "FOR ; A Administrative Staff Deputy City Administrator (Initial),,,.,,, City Administrator (Initial) `""�'� ( ) OVI I) City Clerk "� ( ) I0N e _ s - Below Space For C�fy Clerk's U_se Only°,) RCA Author: Brunson Cety ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK January 21, 2010 David Volz Design 151 Kalmus Drive Suite M-8 Costa Mesa, CA 92626 Dear Mr. Volz: Enclosed for your records is a copy of the Amendment No. 1 to the Agreement between the City of Huntington Beach and David Volz Design for Landscape Architectural Services. Sincerely, J n L. Flynn, CMC City Clerk JF:pe Enclosure G: foll owup: agrmtltr Sister Cities: Anjo, Japan ® Waitakere, New Zealand (Telephone: 714-536-5227 ) 2000 JAN 28 P111 1: 44 „«ter' -j''t''�, AC1—r' January 24, 2008 Ms. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Address Change Landscape Architectural Services on an "As Needed Basis" Dear Ms. Flynn, www.dvolxdesign.com Home Office 151 Kalmus Drive, Suite. M8 Costa Mesa, CA 92626 phone 714.641.1300 fax 714,641,1323 Coachella Valley Office 78060 Calle Estado La Quinta, CA 92253 phone 760.580.5165 fax 760.564.0369 We currently have an existing contract to provide Landscape Architectural Services on an "As Needed Basis for the City of Huntington Beach. I would like to notify you of our recent move of our corporate offices to the following address: 151 Kalmus Drive, Suite M-8 Costa Mesa, CA 92626 (714) 641-1300 (714) 643-1323 Fax Please update your records accordingly. If you have any further questions, please feel free to contact me at the number above. Thank you for your attention to this matter. Si Lantz 1 nts Receivable �� ... / ,A (12'1,01�-� Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied �Cy erk's` ignature Council Meeting Date: 1/2/2007 Departme Number: CS07-002 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CV COUNCIL MEMBERS SUBMITTED BY: PEN OPE LBRETH-G"FT,A, CITY ADMIN RATOR ./�� PREPARED BY: JIM B. ENGLE, DIRECTOR OF COMMUNITY SE S SUBJECT: PROFESSIONAL SERVICES CONTRACTS FOR CA DSCAPE ARCHITECT SERVICES Statement of Issue: The Community Services Department requires landscape architectural services on an as -needed basis to support staff for landscape design and constructionfor capital projects and city facilities. Funding Source: Funds are budgeted in Park Acquisition and Development Fund 209, Redevelopment Agency Fund 305, and Community Development Block Grant Funds 857 and 867 in FY 2006/2007 for capital improvement projects. Additional funds will be budgeted in future years' budgets for the multi -year contracts. (FY06/07 examples: Edison Park #20945101; Blufftop Restrooms #30585201; Gun Range Remedial Action Plan #20945102; LeBard Park #20945101; Pier Buildings #30585201; Visitor's Kiosk #30585201; Wardlow Park #20945101). Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute professional services contracts with three qualified landscape architect firms (David Volz' Design, NUVIS Landscape Architecture & Planning and RJM Design Group, Inc.) for as -needed landscape architectural services for an amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000) each over a three-year term. Alternative Action: Do not authorize the contracts and advise staff how to proceed. 'Yr \VU 7- /.-J wuvrs REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 1/2/2007 DEPARTMENT ID NUMBER: CS07-002 Analysis: The City'sParks Acquisition and Development fund is responsible for development and completion of capital projects at the beach, pier, parks and other city -owned recreation facilities. The current Capital Improvement Program shows over $6,000,000 in Parks and Beaches Development scheduled through 2010, with projects anticipated to be added throughout the term. Proposals for Landscape ArchitectureServiceswere 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. Public Works, Community Services, and Purchasing were involved in the selection of these professional, services consultants. The contracts allow for a three- year contract term with a total budget not to exceed` $250,000 for each vendor. This will allow use of each vendor's area of expertise and availability to be utilized as needed for scheduled and upcoming projects. Funding sources will be the project accounts, using the City Council approved Capital Improvement Project budget. In general, the scope of work for landscape architecture firms may involve all phases of a development project. The following scope of work identifies the typical services provided throughout a project: Preliminary Plans and Design Prepare alternative preliminary layouts, surveying, architectural services, andestimates of probable cost for alternatives, and prepare details and calculations. Present alternatives, as needed at staff and/or City Council meetings, and provide recommendations and analyses of the advantages of each alternative. Entitlements/Permits As a primary consultant, assist the city in obtaining entitlements and approvals from applicable agencies for environmental and/or other permits as may be required: Construction Documents Prepare designs, plans, specifications, cost estimates and contractbidding documents. Bidding Processes Assist the city in answering bidders' questions, attend pre -bid conferences and job walks, prepare addenda, analyze bids and recommend award. Construction Processes Attend pre -construction conference. Monitor construction schedule, visit construction site as required for progress and quality of work. Assist the contract manager, contractor and inspector with interpretation of the plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and -2- 12/20/2006 9:48 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 1/2/2007 DEPARTMENT 1D NUMBER CS07-002 other submittals, and the review and negotiation of change orders. Prepare "as -built" drawings. In addition to the services listed above, through the use of sub -consultants or in-house personnel, landscape architect firms may be required to perform environmental assessments, civil and soils engineeringand building architecture. Given the breadth of services required, it is customary to have available more than one qualified landscape -architecture firm to provide specific areas of expertise :and to accommodate scheduling issues. Each consultant, as part of its submittal package, provided a list of hourly rates for the various members of its consultant team, i.e., associate engineer, principal engineer, etc., so that the city , can confirm that these rates are reasonable and customary. The city then has the option of selecting one of these firms to consult on a project. The attached contracts are necessary to go forward with FY06/07 capital projects as approved by City Council. Progress on the current projects is contingent upon approval of these professional services contracts. Examples of past city projects which have utilized landscape architecture firms as lead consultants include: • Pier Plaza • South Beach, Phases I and 11 • Huntington Central Park Sports Complex • Murdy Park Youth Sports Complex, Phase Community Services related projects on the currently approved Capital Improvement Program that will require landscape architectural services include; • Edison Sports Complex, Phase • Le Bard Park, Phase 11 • Tot Lot Resurfacing • Wardlow Park Reconfiguration Environmental Status: Not applicable. Attachment(s). City Clerk's Page Number No. Description J✓ 1. -Professional Services Contract with David Volz Design 2. Professional Services Contract with NUVIS Landscape Architecture & Planning s'e-- ` L 3. Professional Services Contract with RJM Design Group, Inc. -3- 12120/2006 9:48 AM PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY_ OF HUNTINGTON BEACH AND DAVID VOLZ DESIGN FOR LANDSCAPE ARCHITECTURAL SERVICES Table of Contents lScope of Services..................................................................................................1 2 City Staff Assistance...........................................................................................2 3 Term; Time of Performance..................................................................................2 4 Compensation ....................................................................... ............................2 5 Extra Work ............................................................................................................2 6 Method of Payment...............................................................................................3 7 Disposition of Plans, Estimates and Other Documents ............ ............................3 8 Hold Harmless.....................................................................................................3 9 Professional Liability Insurance ............................................... ..........................4 10 Certificate of Insurance.......................................................................................5 11 Independent Contractor.......................................................................................6 12 Termination of Agreement.................................................................................6 13 Assignment and Delegation....................................................... ............................6 14 Copyrights/Patents ................................................................ ...........................7 15 City Employees and Officials............................................................................7 16 Notices..... ............. ......................... ...... ...........................7 17 Consent................................................................................................................8 18 Modification.........................................................................................................8 19 Section Headings..................................................................................................8 20 Interpretation of this Agreement.........................................................................8 21 Duplicate Original...............................................................................................9 22 Immigration...........................................................................................................9 23 Legal Services Subcontracting Prohibited............................................................9 24 Attorney's Fees.......................................................................................................10 25 Survival.............................................................................................10 26 Governing Law...................................................................................................10 27 Entirety................................................................................................................10 06-332/2808 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. 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 L ,4A) j4A jf ! pa, 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 Two Hundred Fifty Thousand Dollars ($250,000.00). 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. 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 maybe 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. 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 foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; 06-332/2808 4 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. 11. 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 06-332/2808 5 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 06-332/2808 6 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 - ;83z 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. 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 provided here. 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. 06-332/2808 8 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 behalf, which are not embodied in this 06-332/2808 9 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 AGCy 0,31, , 20. DAVID VOLZ DESIGN, a California CITY OF HUNTINGTON BEACH, Corporation a municipal corporation of the State of California I By J .V-61z--- • ayor print n ITS: (circle one) Chai n/PresidentN e President AAL C-.I& . - �L-'& -0 ) AND ty Clerk 11ilo-I A1 1. V6�z--- APPROVED AS TO FORM: print name ircle one) Secretary/Chief Financial Officer/Asst. ecretary Treasurer ity Attorne Wll/ a-t " J;EC IL(it 106 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Admi istrator Direc of Community Servic 06-332/2808 10 EXHIBIT A As needed Services City of Huntington Beach UNDERSTANDING & APPROACH Understanding 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 7; 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 l Community Services Director. The services provided by the firm 7? 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 p Y b't 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. 0 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. 2 1 4 As needed Services City of Huntington 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 J P f ` understand objectives, issues, and L. program; Prepare a "Program Statement' with the primary program objec- tives and any enhancements which could make for a better project, t Scope o Service, Preliminary P f 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 bid with package prepa- rration , bid evaluation and con- .__.. tract award; Provide construction management services, including pre- ,�e�y construction conference, site ob- Sel'Vatlon, review construction I documentation and coordinate the team and quality control Project close out services, such as preparation of punch lists, final walk through, as drawings, document turnover, warranties, releases and contract disposition. Review completed project with staff to evaluate design objectives and final product 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 PlanWell 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 ' x v -: highest possible quality of work. Bryant RanchPark rv.rnc. 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 environment. 1 I 15 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate 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 $90-$110/hour Administrators $65-$80/hour B. Travel I. 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 1. 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. 5.CITY will not pay for word processing charges. This includes per page or hourly charges. i 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 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. it INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Luann Brunson (x5529) 2. Date: " 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 s 3 years 6. Waiver/modification request: Per attached - modify sections 7 and 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 (City Attorney memo attached.) Also request language to approve $1`5,000 deductible on professional liability policy. 8. Identify the risks to the City in approving this waiver/modification: 10/16/06' D p ment Head Signatur Date: 1. 7Approved Management ❑ Denied 2. City Attorney's Office I 3iA proved ❑ Denied 3. City Administrator's Office Approved ❑ Denied Inciirnnra k Inriamnifirnfinn Wnhior HATE IMINtbWYYYYI P5ObU(i:3t 949) 833"«,7326 FAX (94918331-7I27 THIS MRTIFI AT 1Sl8SUED AS A MATTER OF INFORM ATION Insurarrlee, of ,Amery", ,r'oe. ONLY AND CONFERS-146 RIGHTS UPON THE CERTIFICATE i>~sA IC>A ; rrsurance, Serv7ces HOLDER. THIS CERTIFICATE DOES 40T AMENa,,E TEND OR ALTER THE CCOVERA%E AF�FORDEI� EY THE PC)LI IFS SELOWN .One i' P.jaZ,,4, 50i E•e ECG Tr ine," CA. 92614 INSURERS AFF6.RIDl4G COVERAGE NAtC" II4SURED 'NsuRERA: tra77ey PorgO 'Insurance Co. INSI.RekB: n4an contInearaJ errs. Cq.. David V67�eDes' gn Landscgp� A►Mchitecture, In lsmmoa ; Na"tiona7 fire Iran. of I Ir�t ord 3 5(�: Binh"ard, #300 ` l4§URER II- CNA Coo t nen to 7 psuafty CO. fo rn -On"Vai 7 o ► CA 27' INSL PZR E; MVERAC3Egj THE P43ilti "Ct iN ' RANC LISTED BELOW HAVE BEEN ISSUED TO Ti E iNSUIRED. NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REC0IREMENT, TERM OR CONGITJON:OFANY CONIFi t-ok OTHER DOCUMENT WITH RE rzPT TO WHICH THIS GERT[FtCATE'MAY Be ISSUED OR MAY PERTAIN, THE. INSURANCE AFFORWO BY THEPL�,E� 1 THETR,EXCLUSIONS AND CONDITIOIl$ . F sUCf4L iL�CAI Pc7LICIES. AGCREO#E"LIMIT$",SA0WN MAY I�AVE 13FEN REDUCED BY P1#IL?:CLJ#iMIS< II T R pit' TYPE OF i1i511#tAidCE POLICY N( R POLICY EFFECTIVE POLICY EXPIRATION " L[MIIT$ GENERAL LIABILITY" }f i 011,4/00 r EACH OCGLRRfNCC 110601000 CQM!4 ACCAbaENERAALLiABILITY pA2w4kGETCiREPd�Eii � s� CLAW MOE ,'OCCUR .s.C%�. MIEnExI,(Any one, one,"an) 5 10,00 A 7 Add' 7 Insured PER FORK +G-,; 795 -C39 mfisgoi L kpv' JNJ� s • �i 000, oo GENERA'C .R!6REGATE s 2 000,004 GEI 'L AGGREC+ATE LIMiITAPPLIES PER M6';3[}i I iS x CQAIPIi iP C,G S 2, 0, 0 POLICY IOC AUTOMOBIL.ELIdLULl*Y 207 849862 031141206$ 0311412007 CO@aIANE€TSINGLE LIMIT ANY ALITO (Ea accidem) 1.000,00C ALL OWNED AUTOS P,fJLili;`WINJURY � SCHEDULED AUTOS (Per berssn) HIRED AUTOS BODILY INJURY e NQk vO- ,I,IVNED AUTOS (Per 3cca"oent);. AD PRIPERTYDAMIAOE $ '(Par.acewtot} GARAGE LIASIUT-V "I'mo 1iILY-EA ACCIDENT S ANY AUTO !IC t)TFII i� THAN. EA:ACC " S _ l ut s Ea GE tLIM1Di2EiI�0.Lt 81LtTY EACHOPCLIRRERC ', S OCCUR CLAIMS MADE" " AGGREGATE s" RCiEi3UCi BLE s RETFOiON S $ W,04Ke ,COMPENSATION" r i 2089 " 443 0311412006 031141ZO0 " � " v sT�s� UT�l- EMPLOYE .6 LIAEIUTY ',ANY•PRC�FRIETO dPAiRTNEF2I ECUTIVE Ei> lCtiA 0ENT S' �3"��%�t�/ OFFICERZEMBER FXCLUDC E-t, D15�E ,: EA E�e'lPio`t' 5 .3 , 000, 00 If yes, describe under. SPECIAL PROVISIONS:booti , '_— E.L. DISEASE • POLICYLIMIIr 5 Ct(1l1, l)r ro es?sorra L7abrTsty LA.A28�236177 0311412006 Ci04f2007 .$1,(J�t10? 000 per c7A10 C1a vs "moda" .$'2r0001, 00 in' they aggregate )ESIx„F�RIPTIi7AIO CiPERA7IONSFLG, , TIONStVEHIdii ti6C1iSIONiiAD6E3BY!END tRSEMENT1SPECIALPROVISIONS vii of rofess arr .i .Laabil ty 0educt1h,16 .$35,000 ;per c7aim .4 ten fig) notice oaf ca.ncel7ati6p for non-payment of prwl4w. his Cert fxcate Vd7Ei5 ar1R super C�sdes 'cert7"ficate that was issued orr 7120/Ci&. a RTI " I A I {iLOECANCELLATION SHOULD AIJY OFIk AgOVE,OSSCRIBEU POLICIES BE CANCELLEb 09FORE THE EXPIfiATIONDATE T►rReOFTHeISSumcINSURER WILL I�s` �'f'MAIL "uty of Lluntrngton Beach : 30* DAYS WRITTEN NOTICE TO THE,CFRTIRCAT,E"ROLbJERNAM%Eb'F"CSTHE"L.EFT, Attn: DaviId Datn7nggeZ I�X> �I t1�11K1 f XIS • .hArx, � 4wxxvyxm- xxxX.� 2000 Main Street VwxwYIam*x_) WK#&, XXKAWwjKNWXXW"M, XxxxKxlx Huntington Beach, CA 92648 AUTHORIZEDREPRESENT°AnVE Ear7eert Thomas,!B(1AEhfC kC ORiD 25 2001108) 4AC CRP pORPC)g"01N 19 B IMPOO NT CORD, (01/09) 11/07/2006 11:49 714593330 DAVID VOLZ DESIGN PAGE 02 2128969 ENDOR aED-FILET IN THE, OFFICE OFT ll ARTICLES OF INCORPORATION 5 EH IZ ETA �r« � Y Ci F � � �>M a CiF �`li� ST'�!� QIr CA �` OF JAN 1999 ^ DAVID VOLZ DESIGN LANDSCAPE ARCHITECt,j 11-LRCTiA&tY OF STATE 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 bankir<g or trust company business) Dot prohibited to a corporation engagingin this profession by applicable laws and regulatiow. 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 coiporatioes 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" shares. The total number of'shares authorized to be issued is 1,000,000 shares. SIX: The liability of the directors of the corporation for monetary darxiages shall be eliminated to the fullest extent pen-nissible under California law. SEVEN: The corporation is authored to provide indemnification of its Agents (as defined in Section 317 of the California Corporations Code)` to the fullest extent permissible under California law. TEA ID LZ, Incorporator � C E" o 'r-Iry t 11/07/2006 11:49 714593330 DAVID VOLZ DESIGN PAGE 03 ' CERTIFICATE OF ORGANIZATION' OF THE INCORPORATOR OF DAVID VOLZ DESIGN LANDSCAPE ARCIUTECTS, INC. The undersigned Incorporator., named in the .Articles of Incorporation, for the purpose of recording actions taken to organize the Corporation, hereby certify that: The original Articles of Incorporation were filed in the offize of the Secretary of State of the State of California. ,A. certified, copy of the Articles of Irtcorporation 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 the Corporation.. The persons whose names appear. below and who accepted.the appointinents by signing their naincs below were appointed directors of the Corporation. The Incorporator of. DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC. upon. election of the directors, resigned. Dated: January9l, 1999 k DAVID OLZ, Incorporator Director Date Acceptance of .Appointrnent David Volt January2 1999-�,_ . ' 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: ,e s P�` 8. Is this contract generally described on the list of professional service contracts approved_ the City Council'? Z Yes, ❑ No 9. Is this contract within $25,000 or 25% whichever is less o the he 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. C0-1—� (CHARD AMADML, 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. 4' Street — 5' 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 Landscape Architecture and Planning 3151 Airway Avenue, Suite J-3 Costa Mesa, CA 92626 714.754.7311 RFP for Landscape Architects Page t 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. . t Landscape Architects k 1 2 3 .' ��� �II'''d'I 1' y i.�. N I��i G�i�fi�I 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 IN`•i I t IN tI y a ,, �fi( ' 11H 4 ^« t ' K 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 . , 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 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 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 267 680 947 268 735 1003 263 725 988 250' 640 890 229 530 769 3 1 2 4 5 * #& CITY OF HUNTINGTON BEACH C9 2000`MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK January 9, 2007 David Volz Design 17050 Bushard Street, Suite 30 Fountain Valley, CA 92708-2832 To Whom It May Concern: The City Council of the City of Huntington Beach at the meeting held January 2 2007, approved execution of the Professional Services Contract Between the City of Huntington Beach and David Volz Design for Landscape Architectural Services Enclosed is a duly executed copy of the agreement for your records. Sincerely, oan L. Flynn City Clerk Encl.: Agreement JF:pe G: fo i lowup: agrmtltr/CoAging/j c (Telephone: 714536-5227)