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HomeMy WebLinkAboutNuvis - 2010-06-07Dept ID CS 15-011 Page 1 of 3 Meeting Date 9/21/2015 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 A) Approve and authorize the Mayor and City Clerk to execute "Amendment No 2 to Agreemei Between the City of Huntington Beach and NUVIS for As Needed Professional Design/Landsca Architectural Services," and, e/ 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, S ;.5 �� C) Approve and authorize the Mayor and City Clerk to execute "Amendment No 4 to Agreement 1 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 xs -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 HB -676- ATTACHMENT i AMENDMENT NO.2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NUVIS FOR AS NEEDED PROFESSIONAL DESIGN/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 NUVIS, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated June 7, 2010, entitled Professional Services Agreement Between the City of Huntington Beach and Nuvis for As Needed Professional Design/Landscape Architectural Services, which agreement shall hereinafter be referred to as the "Original Agreement;" and The Original Agreement was amended on May 20, 2013 by the Agreement entitled "Amendment No. 1 to the Agreement Between the City of Huntington Beach and Nuvis for As Needed Professional Design/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 hereto as Exhibit "A," and incorporated by this reference as though fully set forth herein. 2 TERM The term of the Agreement shall extend through September 30, 2017. 3 REAFFIRMATION 154900/125907 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 - _ Wit. 2/ , ZD I-r-) NUVIS print name ITS: (circle one) Chauman/PresidentfVice President AND LOM print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst Secretary - Treasurer ATTEST: Is OA W-o We City CIO,ib INI TED AND APPROVED: N 02,-°l S D' ct Community Services APPROVED wp OLk, 154900/125907 2 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( Z,! ZU/S NUVIS m print name ITS: (circle one) Chairm siden cc President By Pt 0 ITS: (circle o ) Semta / of Financial Officer/ Asst. Secretary - Tre er l 2 ti.A wu 9 .� 15-4900/125907 2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST - City Clerk INITIATED AND APPROVED: Director of Community Services APPROVED REVIEWED AND APPROVED: City Manager cylulb4�A NUVIS has always been proud of our responsiveness and ability to prepare documents which are sensitive to our client budgetary constraints, but not limited by them Time and time again, construction managers and contractors comment to NUVIS how concise, accurate, easily read, and complete are the construction document packages produced by the firm's technicians Management of Subconsultants: NUVIS has successfully managed and led hundreds of design teams for thirty-seven years, and acting as a Prime Consultant for over 90% of our protects to date Protects have ranged from as short as 3 months (Leo Carrillo State Beach) to over twelve years (Silver Creek Master Planned Community) Our teams have included as few as one subconsultant to as many as fourteen (Huntington Beach Central Park Sports Complex) NUVIS has the experience necessary to manage the scope of services as anticipated in the RFP, Basic Scope of Services Since an exact protect is not known, the following is a BRIEF synopsis of tasks which are typical for the - development of a park and recreational protect Typical park schedule included herewith. e Design Team/Governmental Agencv Coordination NUVIS shall be available for coordination with the Design Team at agreed upon intervals and times NUVIS shall be available to meet with the City staff to discuss landscape architectural elements DTGC shall be billed at an hourly rate by personnel classification in attendance at the meeting(s) Data Collection This stage for NUVIS consists of information gathering and program definition for landscape architectural image development by performing appropriate protect related research of current conditions through data gathering and review of existing literature/publication(s) and record documents including, but not limited to review of existing improvement plans, as -built record drawings, existing utility (wet and dry) coordination, and other pertinent information Field Review, NUVIS shall conduct a pre -design site tour with sketchbook and digital camera to familiarize ourselves with existing conditions and potential effects on the landscape architectural design solution -Preliminary, Schematic, Conceattraf7cmd-BeQan Development At this stage, NUVIS will be discussing design strategy with the City of Long Beach,4s applicable, then responding with the appropriate number of schematic black -and -white scenarios in plan view format for review and comment The graphic exhibit(s) will depict the proposed landscape and softscape patterns, textures, materials, and colors for the protect After review and comment from the City, the landscape schematic will be refined into one (1) final conceptual pictorial graphic in colored presentation quality format at an appropriate scale for viewing from a distance Integral to the preferred design style of the NUVIS team is serving as facilitator and participant in protect oriented design charrettes, allowing each discipline the opportunity to have direct input with regard tot heir distinctive areas from the onset and during the design process This integration of work products addresses concerns in a open session with affected disciplines present, producing and creating a functional and aesthetic design solution that can be refined during design development by individual members Construction Documents Preparation of construction documents will be completed at an agreed upon 10 appropriate scale and will include, but not limited to - title sheet/vicinity map, - reference standard drawings, Iq - irrigation plans which illustrate pipe sizes, heads, valves, clock locations, points of connection, and water schedule(s) in compliance with A 325, 14 - planting plans which illustrate size, location, and species, - appropriate notes and development details, and - book specifications. IM100% documents will be submitted with a statement of probable construction costs relative to bid item quantities for formal plan check by the City and applicable governing agencies Pnor to Notice of Bid, either one -set of reproducible documents or a designated number of bluelines and specification books will be submitted Bid Phase Services NUVIS will be available to the City for interpretation and clarification of irrigation and planting plans and specifications, submitting information for addenda or response to RFi's and/or RFC's, and attending pre -bid conference of job walk Construction/Field Observation Services Performance of field observation during construction establishes standards of acceptability At the City's discretion and within the proposed professional fees, duties could include - attendance at pre -construction meeting/conference, - respond to questions and interpret plans and specifications, - assisting in determining an processing change orders, - attendance at periodic (weekly) site visits as mutually agreed with the City, - review of shop drawings, samples and other submissions, - field selection of plant material, or i - participation in preliminary and final checklist preparation As request by the City, NUVIS will visit the site at intervals appropriate to the state of construction to review the progress and quality of the work and to determine in general if the work is being performed in a manner indicating that the work, when completed, will be in substantial conformance with the construction documents However, NUVIS will not make exhaustive or continuous on -site inspection to check quality of 14, the work Attendance at meetings/site visits shall be billed at an hourly rate by personnel classification in attendance 14, at the meeting(s) AC®RDn CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDm) 1 2 14 PRODUCER Dealey, Renton & Associates P. O Box 105SO Santa Ana CA 92711-0550 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Property Casualty Co of AmeriR -INSVRERA-TravelerS INSURER Travelers Casualty & Suretyri NWIS 3151 Airway Avenue Suite J1-J3 Costa Mesa CA 92626 INSURER INSURER D INSURER E _ 1'r%V9QA(3FC HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING 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 HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SH017N MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE POL[CYNUMBER POLICY EXPIRATION DATFIMMIDDNYI LIMITS A GENERAL LIABILITY 6805522LO96 _DATEMMIDDPOLICYEFFECTNE 10/29/2014 10/29/2015 EACHOCCURRENCE $1 00 000 FIRE DAMAGE (Any one fire) $1,000,OQQ X COMMERCIAL GENERAL LIABILITY LIED EXP LAny one erson CLAIMS MADE R-1 OCCUR PERSONAL& ADV INJURY _$10,000 $1,000,OQQ X Contractual Liability GENERAL AGGREGATE $ GEML AGGREGATE LIMIT APPLIES PER PRODUCTS -OOMP/OPAGG $2,000,000 FD POUCY PRO-FC LOC A AUTOMOBILE LIABILITY ANYAUTO BA5527LB42 10/29/2014 10/29/201S COMBINED SING' ELIMIT (Ea accident) $1, 000, 000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per accident) _ $ _- HIREDAUTOS NON -OWNED AUTOS ApNIOVED AS h i To FORM h X (( ) PROPERTY DAMAGE (Parecddent) $ GARAGE LIABILITY Jenniter weralb, MY f AUTO ONLY -EA ACCIDENT $ OTHERTHAN EA ACC AUTO ONLY AGG S� ANY AUTO I �' ✓ $ EXCESS LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND UB8038Y826 10/29/2014 10/29/2015 WCSTAItIN OTH- X I EMPLOYERS' LIABILITY FL EACH ACCIDENT $1 000 000 EL DISEASE - EA EMPLOYEE $1,000,000 EL DISEASE-POLICYLIMIT 31,000,000 B OTHER Professional Liability 105712210 10/29/2014 10/29/201S Per Claim $2,000,000 Annual Aggr $2,000,000 Claims Made DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY EHDORSEMENTISPECiAL PROVISIONS 3eneral Liability policy excludes claims arising out of the performance of professional services E All operations as pertains to named insured The City of Huntington Beach, its elected or appointed officials, agents, officers, employees and volunteers are Additional Insured as respects to general and hired & non -owned auto liability as required by written contract Primary and Non -Contributory applies to general liability as required by written contract Waiver of subrogation applies to workers compensation as required by written contract. (`FRTIFICATF Hnl PIER I I Ahr MMMAI imaLapR11 DJRIIRRR [ -rmip CANCELLATIONI n Tlacr Writ-i r•a fnr Mnn-PAvment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Huntington Beach WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE Attn: Risk Mgmt HOLDER NAIdED TO THE LEFT 2000 Main Street Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE — r ACORD25•S(7197) 1dF►I✓UKUUVKrVK/AIIvl4 laaa POLICY # BA5527L842 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE. POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form This endorsement does not alter coverage provided in the Coverage Form This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below Endorsement Effective. 10/16/2014 Countersigned By, Named Insured: —,.�.— NUVIS Authorized Representative SCHEDULE. Name of Person(s) or Organization(s): The City of Huntington Beach, its elected or appointed officials, agents, officers, employees and volunteers (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form CA 20 48 02 99 Copyright, Insurance Services Office, Inc, 1998 ��������� J WORKERS COMPENSATION AND ONE TOWSR SQ9ARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 99 03 76 ( A) — 001 POLICYNUMBER: M-8038Y82-6 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 3.00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy) Endorsement Effective Policy No Endorsement No. Insured P� Insurance Company Countersigned by DATE OF ISSUE: 10-16-13 ST ASSIGN: Page 1 of 1 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf a. In the performance of your ongoing opera- tions, b. in connection with premises owned by or rented to you, or c. in connection with "your work" and included within the "products -completed operations hazard" Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement The insurance provided to such additional insured is limited as follows d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that (1) The "bodily injury" or "property damage" for which coverage is sought occurs, and (2) The "personal injury" for which coverage is sought arises out of an offense committed, after you have entered into that "contract or agreement requiring insurance" But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): 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 injury' ansing out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 OS 07 0 2007 The Travelers Companies, Inc Page 1 of 2 Inciudes the copyrighted material of Insurance Services Office, Inc, with Its permission COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed a. After you have entered into that contract or agreement, b. While that part of the contract or agreement is in effect, and c. Before the end of the policy period Page 2 of 2 02007 The Travelers Companies, Inc CG D3 81 00 07 Includes the copyrighted material of Insurance Services Office, Inc , with Its permission ACO iv CERTIFICATE OF LIABILITY INSURANCE 7 DATE(MMIDDNY) 1 16 /20 14 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONS Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 Santa Ana CA 92711-0550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURERA. Travelers PropertyPrgperty casualty Co of Amerl INSURERB Travelers Casualty America NUVIS 3151 Airway Avenue Suite J1-J3 Costa Mesa CA 92626 INsuRERc INSURER D INSURER E COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING 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 HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LII4ITS SHOT -IN 14AY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICYNUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS -IJJLA GENERAL LIABILITY 6805522LO96 10/29/2014 10/29/2015 EACH OCCURRENCE $1,000.000 FIRE DAMAGE (Anyone fire $1 0 0 0 0 0 0 X COMMERCIAL GENERAL LIAOILRY CLAIMS UADE a OCCUR ►.MED EXP fAny one person) S10,000 PERSONAL aADVINJURY $1 000 0 0 X ontractual Liability GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COhMPIOP AGG $2,000,000 POLICY PRO LOC j{ * AUTOMOBILE LIABILITY ANY AUTO BA5527LB42 10/29/2014 10/29/2015 COMBINED SINGLELIMIT (Ea accident) S1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Peraccldenl) $ HIREDAUTOS NON -OWNED AUTOS APPROVED AS TO FORM X PROPERTY DAIiAGE (Peracodent) $ GARAGE LIABILITY 7 1 denniter McGrath, � { AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY AGG $ ANY AUTO ✓ � V f f� l S EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAI MS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB8038Y826 10/29/2014 10/29/2015 X ORSTIMMIT OTH- E L EACH ACCIDENT $1 0 0 0 0 0 0 E L DISEASE - EA EMPLOYEE,$1 0 0 0 0 0 0 E L DISEASE - POLI YLiL4rrjsj,000.00Q B. OTHER Professional Liability 105712210 10/29/2014 101/29/2015 Per Claim $2,000,000 Annual Aggr $2,000,000 laimB Made DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS 3eneral Liability policy excludes claims arising out of the performance of professional services All operations as pertains to named insured The City of Huntington Beach, its elected or appointed officials, agenta, officers, employees and volunteers are Xdditional Insured as respects to general and hired & non -owned auto liability as required by written contract Primary and Non -Contributory applies to general liability as required by written contract. Waiver of subrogation applies to workers compensation as required by written contract City of Huntington Beach Attn: Risk Mgmt. 2000 Main Street Huntington Beach CA 92648 D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED E THE EXPIRATION DATE THEREOF, THE ISSUING INSURER RAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE R NAMED TO THE LEFT. AUTHORIZED REPRESENTATIVE Item 16. - 9 HB -682- Q ACORD CORPORATION 1988 POLICY #. BA5527L842 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following, BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below Endorsement Effective: 10/16/2014 Countersigned By. t Named Insured. NUVIS Authorized Representative SCHEDULE Name of Person(s) or Organization(s): The City of Huntington Beach, its elected or appointed officials, agents, officers, employees and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc, 1998 FIB -683- Item 16. - 10 �� A���� WORKERS COMPENSATION d� J AND On Tonst SQUARE EMPLOYERS LIABILITY POLICY HARTF4RD, CT 06183 ENDORSEMENT WC 99 03 76 ( A) — 001 POLICY NUMBER: VB-803SY82-6 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 3. 00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE 1USURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated, (The Information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company Policy No. DATE OF ISSUE: 10-16-13 ST ASSIGN: Countersigned by C��71 Z---- Endorsement No. Page I of 9 Item 16. - 11 xB -694- COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requinng insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf. a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you, or c. In connection with "your work" and included within the "products -completed operations hazard" Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement INSURANCE (Section III) for this Coverage Part B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury' for which coverage is sought arises out of an offense committed; The Insurance provided to such additional insured is limited as follows d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services" f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8 Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): 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 injury" ansing out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 08 07 0 2007 The Travelers Companies, Inc Inciudes the copyrighted material of Insurance Services Office, Inc., wish Its permission HB -685- Page 1 of 2 Item 16. - 12 COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement, b. While that part of the contract or agreement is in effect, and c. Before the end of the policy period Page 2 of 2 02007 The Travelers Companies, Inc. CG D3 8109 07 Includes the copyrighted material of Insurance Services Office, Inc, wdh as permission Item 16. - 13 xB -686- City ®f 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 September 24, 2015 Nuvis 3151 Airway Avenue - #J3 Costa Mesa, CA 92626 To Whom It May Concern Enclosed for your records is a duplicate original of the fully executed "Amendment No 2 to Agreement Between The City of Huntington Beach and Nuvis for As Needed Professional Design/Landscape Architectural Services " Sincerely, Joan L Flynn, CIVIC City Clerk JF pe Enclosure Sister Citzes Anjo, Japan ® Wartakere, New Zealand rCS Dept. ID CS 13-006 Page 1 of 3 Meeting Date: 5/20/2013 �v&_�b 7-r-0 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. 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 extending the term through September 30, 2015; and, B) Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement 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, p 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 HB -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 HB -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 HB -1 '110_ ATTACHMENT AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NUVIS FOR AS NEEDED PROFESSIONAL DESIGN/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 NUVIS, a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY and CONSULTANT are parties to that certain agreement, dated June 7, 2010, entitled Professional Services Agreement Between the City of Huntington Beach and Nuvis for As Needed Professional Design/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 reflect the additional work to be performed by CONSULTANT, the additional compensation to be paid in consideration thereof by CITY to 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. ADDITIONAL COMPENSATION In consideration of the additional services to be performed hereunder as described in Section I above, CITY agrees to pay CONSULTANT and CONSULTANT agrees to accept from CITY as full payment for services rendered, an additional sum not to exceed seventy-five thousand dollars ($75,000.00). TERM The term of the Agreement shall extend through September 30, 2015. 13-3731/95261 4. 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 d7)941 O 1.3 L.%ti5e,- A -7Pm a, . print name,,., I ITS: (cir one) Chairman/Presiden ice President D By. yj -print-name ITS: (circle one}vSecretaryy/ hief Financial Officer/ Asst. Secretary - Treasurer 13-3731/95261 2 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of C rnia ® — Mayor ATTEST: i City CLkk ,I1Ajb,nl INITTED AND APPROVED: IV I Dior of Community Services APPROVED AS TO FORM: I ) Attorney 0. 4?' 1 IQ 8�14-gq- 15 z�iky'l A NUVIS has always been proud of our responsiveness and ability to prepare documents which are sensitive to our client' budgetary constraints, but not limited by them. Time and time again, construction managers and contractors comment to NUVIS how concise, accurate, easily read, and complete are the construction document packages produced by the firm's technicians. Management of Subconsultants: NUVIS has successfully managed and led hundreds of design teams for thirty-seven years, and acting as a Prime Consultant for over 90% of our projects to date. Projects have ranged from as short as 3 months (Leo Carrillo State Beach) to over twelve years (Silver Creek Master Planned Community). Our teams have included as few as one subconsultant to as many as fourteen (Huntington Beach Central Park Sports Complex). NUVIS has the experience necessary to manage the scope of services as anticipated in the RFP. Basic Scope of Services Since an exact project is not known, the following is a BRIEF synopsis of tasks which are typical for the development of a park and recreational project. Typical park schedule included herewith. Design Team/Governmental Agency Coordination: NUVIS shall be available for coordination with the Design Team at agreed upon intervals and times. NUVIS shall be available to meet with the City staff to discuss landscape architectural elements. DTGC shall be billed at an hourly rate by personnel classification in attendance at the meeting(s). Data Collection: This stage for NUVIS consists of information gathering and program definition for landscape architectural image development by performing appropriate project related research of current conditions through data gathering and review of existing literature/publication(s) and record documents including, but not limited to: review of existing improvement plans, as -built record drawings, existing utility (wet and dry) coordination, and other pertinent information. Field Review: NUVIS shall conduct a pre -design site tour with sketchbook and digital camera to familiarize ourselves with existing conditions and potential effects on the landscape architectural design solution. Preliminary, Schematic, Conceptual, and Design Development: At this stage, NUVIS will be discussing design strategy with the City of Huntington Beach, as applicable, then responding with the appropriate number of schematic black -and -white scenarios in plan view format for review and comment. The graphic exhibit(s) will depict the proposed landscape and softscape patterns, textures, materials, and colors for the project. After review and comment from the City, the landscape schematic will be refined into one (1) final conceptual pictorial graphic in colored presentation quality format at an appropriate scale for viewing from a distance. Integral to the preferred design style of the NUVIS team is serving as facilitator and participant in project oriented design charrettes, allowing each discipline the opportunity to have direct input with regard tot heir distinctive areas from the onset and during the design process. This integration of work products addresses concerns in a open session with affected disciplines present, producing and creating a functional and aesthetic design solution that can be refined during design development by individual members. a4C®R ,. CERTIFICATE OF LIABILITY INSURANCE M/DD/YY) 5 2 /2/22013 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURER A: IVUV I S INSE 3151 Airway Avenue Suite J1-J3Costa Mesa CA 92626 INS INSURER D: 'OVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS $ GENERAL LIABILITY 6805522LO96 10/29/2012 10/29/2013 EACH OCCURRENCE $1 000 000 FIRE DAMAGE (Any one fire) $1 0 0 0 000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $10 0 0 0 CLAIMS MADE Fx_1 OCCUR PERSONAL BADVINJURY $1 000 000 X Contractual Liability GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 0 0 O 000 POLICY X PRO- LOC A AUTOMOBILE LIABILITY ANY AUTO BA5527L842 10/29/2012 10/29/2013 COMBINED SINGLE LIMIT (Ea accident) $1, 000, 000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO I)Ny, Y� �Z'h tn� ���e^ e',.r��H, �t�+J $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND UB8038Y826 10/29/2012 10/29/2013 OTH- X I ORSTMT ER E.L. EACH ACCIDENT $1 0 0 0, 0 00 EMPLOYERS' LIABILITY E.L. DISEASE - EA EMPLOYEE $1 0 0 0 0 0 0 E.L. DISEASE - POLICY LIMIT $1 0 0 0 0 0 0 C OTHER Professional Liability 105712210 10/29/2012 10/29/2013 Per Claim $2,000,000 Annual Aggr. $2,000,000 Claims Made DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. E: All operations as pertains to named insured The City of Huntington Beach, its eleted or appointed officials, agents, officers, employees and volunteers are Additional Insured as respects to general and hired & non -owned auto liability as required by written contract. Primary and Non -Contributory applies to general liability as required by written contract. Waiver of subrogation applies to workers compensation as required by written contract. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: I.ANLCLL.AIIUN1U uav iVOL1Ce i 1 ivUil-ra ulCiic SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City Of Huntington Beach WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE Attn: Risk Mgmt. HOLDER NAMED TO THE LEFT. 2000 Main. Street Huntington Beach CA 92648 AUTHORIZEDREPRESENTATI J. l A. I i5 ACORD 25-S (7/97) W Ak UMU V VRr UF%P%I 1V19 I WOU POLICY ##: BA5527L842 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 5/2/2013 Countersigned By: Named Insured: NT VIS Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): The city of Huntington Beach, its eleted or appointed officials, agents, officers, employees and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 �'�LEAO ,i WORKERS COMPENSATION AND EMPLOYERS LIABILJTY POLICY ENDORSEMENT WC 99 03 76 ( A) — 001 POLICY NUMBER: U138038Y826 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We W13 not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 3 .0 % of the California workers' compensation pre- mium. Schedule Person or organization Job Description ANY FERSON OR ORGANIZTION FOR. MICR THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT UECUTED F13IOR TO LOSS TO pumSH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise slated, (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured �m um insurance Company Countersigned by___ DATE OF ISSUE: 10/29/12 ST ASSIGN: Page 1 of t COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section 11): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or INSURANCE (Section 111) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that 'contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): 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 injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the 'contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services office, Inc., with its permission. City ®f Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk May 22, 2013 N uvis 3151 Airway Avenue - #J3 Costa Mesa, CA 92626 To Whom It May Concern: Enclosed for your records is a copy of the fully executed "Amendment No. 1 to Agreement Between the City of Huntington Beach and Nuvis for As -Needed Professional Design/Landscape Architectural Services." Sincerely, Jo;a : L. Flynn, CIVIC City Clerk JF:pe Enclosure G: followup: agrmtltr Sister Cities: Anjo, Japan 0 Waitakere, New Zealand Council/Agency Meeting Deferred/Continued to: )kAp ove ❑ Conditionally Approved ❑ Denied y Cle s Sig ure Council Meeting Date: June 7, 2010 Department ID Number: CS 10-009 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Jim B. Engle, Director of Community Services SUBJECT: Approve two Professional Services Contracts each in an amount not to exceed $300,000, with Nuvis and RJM Design Group, Inc.for As - Needed Professional Design/Landscape Architect Services Statement of Issue: The Community Services Department requires professional design/landscape architectural services on an as -needed basis for landscape and architectural services to support design, construction, and development of capital improvement projects. Financial Impact: Funds are budgeted in Park Acquisition and Development Fund 209. Additional funds will be budgeted in future years' budgets for the multi -year contracts. No General Fund money used. Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract 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 the "Professional Services -'""Contract between the City of Huntington Beach and RJM Design Group, Inc. for As -Needed s id- Professional Design/ Landscape Architectural Services." Alternative Action(s): Do not authorize one or more of the contracts, and provide staff alternate direction. -123- Item Be - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 6/7/2010 DEPARTMENT ID NUMBER: CS 10-009 Analysis: The City's Park 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 Projects budget shows over $2,300,000 in park development scheduled through fiscal year 2009/2010, with projects anticipated to be added in the future. The scope of work for landscape architecture firms may involve all phases of a development project, including but not limited to: • Preliminary Plans and Design • Entitlements/Permits • Construction Documents • Bidding Processes • Construction Processes • Environmental Assessments • Civil and Soils Engineering • Building Architecture Given the breadth of services required, it is customary to have available more than one qualified firm to provide specific areas of expertise and to accommodate scheduling issues. Due to the complexity of multi -year projects, the requested amount is not to exceed $300,000 for each of the three firms selected for three years. During the last round of securing as - needed professional design/landscape architecture services in 2007, contracts were approved for a not -to -exceed amount of $250,000, and necessitated staff requesting extensions for two of the three firms to complete projects. Approval for two of the three contracts is requested at this time; a third contract, with LPA, Inc., will be forthcoming at a later date. The standard is to have one firm involved in a project from public hearings to master planning to completion of plans and specifications through site oversight at construction. It is efficient in terms of costs and time to confirm one firm to a specific project. Having to change firms mid -project is extremely costly and inefficient. In addition to larger, multi -scale projects, staff often finds it necessary to request additional miscellaneous work, including specific items needed when applying for grant funding, from on the on call landscape architects, and the $250,000 limit proved to be insufficient to handle the needs of the Community Services Department. The attached contracts are necessary to go forward with currently approved capital projects, as well as to be prepared to meet the needs of upcoming capital projects. Current projects which require the expertise of landscape architectural services firms include Edison Youth Sports Complex, LeBard Park, Wardlow Park Reconfiguration, and Bartlett Park. Additionally, the FY 2010/2011 Capital Improvements Program will include some additional projects which will require the professional services of a landscape architect. Item Se - Page 2 -124- REQUEST FOR COUNCIL ACTION MEETING DATE: 6/7/2010 DEPARTMENT ID NUMBER: CS 10-009 Proposals for Landscape Architecture Services were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Thirty-five proposals were received and staff representatives from multiple departments ranked the top scoring firms. Upon final review, it was determined that LPA, Inc., Nuvis, and RJM Design Group, Inc. would best meet the needs of the City. Each of the proposed contracts is for a three-year term with an amount not to exceed $300,000 per contract. Environmental Status: Not applicable. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Nuvis for As - Needed professional Design/Landscape Architectural Services G 2. Professional Services Contract between the City of Huntington Beach and RJM Design Group, Inc. for As -Needed professional Design/Landscape Architectural Services -125- Item Se - Page 3 _.- --- _, _ __ 1 �� 1 ,. ,. PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND N U L,/ 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 h/ referred to as "CITY, and i �U V / —� , a e �z- /1Y,-D r 1-1 l a- ey r p D 1�'ILC 7 U i'l hereinafter referred to as "CONSULTANT." WHFR AS, CITY desires to engage tpe services of a consultant to V v'o!A-1-A)eedezl` Ev .L--alaG�S0-0- e ��� olu.-( i�-j 6 eIr V 1 E 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 � ho shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/ surfneUprofessional sues mayor I of 11 12/07 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ,-UAJ,!5- 0 �, 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 no later than e.� y4-74i�q,5 from the Commencement Date. 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. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 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 -dwer ($ 3V�, 000, o 0 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 agree/ surfnet/professional Svcs mayor 2 of 11 12/07 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." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 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 (or alleged 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 agree/ surfnet/professional secs mayor 3 of I] 12/07 insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. 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. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect agree/ surfnedprofessional sves mayor 4 of 11 12/07 Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 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; B. state that the policy is currently in force; and C. shall 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. agree/ surfneUprofessional svcs mayor 5 of I I 12/07 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 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. agree/ surfnet/professional secs mayor 6 of 1 I 12/07 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 I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage 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 H ntmcton Beach ATTN: c�P0A/t dl��V �ery,Ie�s 11�� 2000 Main Street _i:7�x AwwP 4415 T2> Huntington Beach, CA 92648 Co f�- -- �- ` a& 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. agree/ surfnedprofessional secs ma) or 7 of 11 12/07 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. 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 agree/ surfnedprofessional sues ma} or 8 of] 1 12/07 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. 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. agree/ surfnet/professional Svcs mayor 9 of 11 12/07 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. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT'S initia 28. 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 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. agree/ surfnet/professional Svcs mayor 10 of 11 12/07 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of COMPANY NAME California /1"? fin — ay By �— print name _� ity Clerk ol/0 ITS: (circle one) Chairman resident/FV-ce President AND INITIATED AND APPROVED: By: ` 'Director/Chief print name ._--- -- )<Ts,Secretar�QLI-ieffinancialOfficeIAsst. Secretary - Treasurer REVI ND APPROVED: i y Administrator APPROVED AS TO FORM: r �Je�/�"'/ p� City Attorney agree/ surfnedprofessional secs mayor I I of 11 12/07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND /\/ Zf V I1. FOR dt dj —P ru--� C �,6 �- 0 0,�- rasj? L A rc lt- 4-t e f u-v-et1 ; L.v v c/, .5 Table of Contents Scope of Services CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork..................................•---.--............................................................--•--.....2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless...............................•---.............................................---......................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited ................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate.................................................................................I I a � Exru�n NUVIS has always been proud of our responsiveness and ability to prepare documents which are sensitive to our client' budgetary constraints, but not limited by them. Time and time again, construction managers and contractors comment to NUVIS how concise, accurate, easily read, and complete are the construction document packages produced by the firm's technicians. Management of Subconsultants: NUVIS has successfully managed and led hundreds of design teams for thirty-seven years, and acting as a Prime Consultant for over 90% of our projects to date. Projects have ranged from as short as 3 months (Leo Carrillo State Beach) to over twelve years (Silver Creek Master Planned Community). Our teams have included as few as one subconsultant to as many as fourteen (Huntington Beach Central Park Sports Complex). NUVIS has the experience necessary to manage the scope of services as anticipated in the RFP. Basic Scope of Services Since an exact project is not known, the following is a BRIEF synopsis of tasks which are typical for the development of a park and recreational project. Typical park schedule included herewith. i Design Team/Governmental Agency Coordination: NUVIS shall be available for coordination with the Design Team at agreed upon intervals and times. NUVIS shall be available to meet with the City staff to discuss landscape architectural elements. DTGC shall be billed at an hourly rate by personnel classification in attendance at the meeting(s). Data Collection: This stage for NUVIS consists of information gathering and program definition for landscape architectural image development by performing appropriate project related research of current conditions through data gathering and review of existing literature/publication(s) and record documents including, but not limited to: review of existing improvement plans, as -built record drawings, existing utility (wet and dry) coordination, and other pertinent information. Field Review: NUVIS shall conduct a pre -design site tour with sketchbook and digital camera to familiarize ourselves with existing conditions and potential effects on the landscape architectural design solution. -Preliminary, Schematic. Concegtaaf-arrd-Beign D ve elopment: At this stage, NUVIS will be discussing design strategy with the City of Long Be_ach,. is applicable, then responding with the appropriate number of schematic black -and -white scenarios in plan view format for review and comment. The graphic exhibit(s) will depict the proposed landscape and softscape patterns, textures, materials, and colors for the project. After review and comment from the City, the landscape schematic will be refined into one (1) final conceptual pictorial graphic in colored presentation quality format at an appropriate scale for viewing from a distance. Integral to the preferred design style of the NUVIS team is serving as facilitator and participant in project oriented design charrettes, allowing each discipline the opportunity to have direct input with regard tot heir distinctive areas from the onset and during the design process. This integration of work products addresses concerns in a open session with affected disciplines present, producing and creating a functional and aesthetic design solution that can be refined during design development by individual members. Construction Documents: Preparation of construction documents will be completed at an agreed upon appropriate scale and will include, but not limited to: - title sheet/vicinity map; - reference standard drawings; - irrigation plans which illustrate pipe sizes, heads, valves, clock locations, points of connection, and water schedule(s) in compliance with A 325; - planting plans which illustrate size, location, and species; - appropriate notes and development details; and - book specifications. 100% documents will be submitted with a statement of probable construction costs relative to bid item quantities for formal plan check by the City and applicable governing agencies. Prior to Notice of Bid, either one -set of reproducible documents or a designated number of bluelines and specification books will be submitted. Bid Phase Services: NUVIS will be available to the City for interpretation and clarification of irrigation and planting plans and specifications, submitting information for addenda or response to RFI's and/or RFC's, and attending pre -bid conference of job walk. Construction/Field Observation Services: Performance of field observation during construction establishes standards of acceptability. At the City's discretion and within the proposed professional fees, duties could include: attendance at pre -construction meeting/conference; 7 - respond to questions and interpret plans and specifications; assisting in determining an processing change orders; P� attendance at periodic (weekly) site visits as mutually agreed with the City; - review of shop drawings, samples and other submissions; field selection of plant material; or participation in preliminary and final checklist preparation. As request by the City, NUVIS will visit the site at intervals appropriate to the state of construction to review e x the progress and quality of the work and to determine in general if the work is being performed in a manner indicating that the work, when completed, will be in substantial conformance with the construction documents. However, NUVIS will not make exhaustive or continuous on -site inspection to check quality of the work. Attendance at meetings/site visits shall be billed at an hourly rate by personnel classification in attendance at the meeting(s). �.�*.,-- E �( �U-I�t_B SCHEDULE OF RATES AND FEES HOURLY RATES: Services performed on an hourly basis will be billed at the following personnel rates. Portal to portal travel time is included to a maximum of eight (8) hours per day for domestic travel and ten (10) hours per day for international travel k Senior Principal $155.00/hour Principal 135.00/hour Senior Associate 115.00/hour Associate 100.00/hour CADD Technician I 90.00/hour CADD Technician II 75.00/hour Draftperson 65.00/hour Administrative 70.00/hour DIRECT PROJECT EXPENSES: The CLIENT shall also compensate NUVIS for all Direct Project Expenses, which are actual expenditures on behalf of the project. Payment of these expenses are in addition to the compensation for professional services set forth herein. Direct Project Expenses include, but are not limited to: Computer related expenses: Computer discs @ $20.00 each Travel — mileage for personal car use: Portal to portal at annual IRS standard business mileage rate Overnight travel expenses at actual cost incurred for: Coach -class commercial airfare, lodging and meals (at reasonable rates), small or mid -size rental car All other costs incurred at 1.15 multiple of actual cost: Courier delivery service, facsimile, photography, postage/shipping/overnight delivery, printing/reproduction, plotting, blueprints, special insurance cover- age, and subconsultants. ._ N U V I S LANDSCAPE ARCHITECTURE AND PLANNING Vendor Aedas LA AEE, Inc BMLA Inc Cooper Carry, Inc Cornerstone Studios, Inc David Evans & Associates, Inc David Volz Design Forma Design, Inc Gruen Associates Hirsch $ Associates, Inc Kishimoto Architects Inc KTU+A LandArq,Inc Lan don Wilson Lawrence R Moss 1£ Associates, Inc LPA Inc Lynn Ca ou a Inc Martinez Architects, Inc Mia Lehrer + Associates Moore lacofano Goltsman NUVIS RA-DA RBF Consulting Inc Ridge Landscape Architects RJM Design Group Inc RMA International Landscape Architecture & Planning Inc RPA Landscape Architecture Inc RRM Design Group Schmidt Design Group Inc SMA Inc S arano Summers/MurphySummers/Murphy & Partners Inc SWA Group TCLA Inc Valle Crest Design Group Wallace Roberts & Todd Inc Address Phone E-mail 1319 Abbot Kinney Blvd, Venice Ca, 90291 310-314-5200 uushwadsar®rt(d3aedlas=rn 606 Hilvanar, Newport Beach Ca, 92660 949-891-2207 !bdbbuJReu:iladi[Dmmaii:cWm 1224 S Victoria Ave, Corona Ca 92879 951-737-1124 iian(Mbrritamet 369 San Miguel Dr, #100, Newport Beach Ca, 92660 949-729-9801 miomardfliedl�cayporcarrv:com 106 West 4th St, 5th Floor, Santan Ana Ca, 92701 714-973-2200 iVam(d3cs5twdios,com 4200 Concours, #200, Ontario Ca, 91764 909-481-5750 kS-r,Ddietmi ynwaan 151 Kalmus Dr, #M-8, Costa Mesa Ca 92626 714-641-1300 m�etnmrmralict't%dtudradtesiara,umrao 3050 Pullman St, Costa Mesa Ca, 92626 714-673-6200 ica-,4t(dftrrmacomoamiesscwm 6330 San Vincente Blvd, #200, Los Angeles Ca, 90048 323-937-4270 ,cowanftz wemasRobiates,oarn 2221 E Winston Rd #A, Anaheim Ca 92806 714-776-4340 ex 23 ichwdkC4lftailamdiarch::com 3002 Dow Ave #106, Tustin Ca, 92780 714-669-1101 !kkighimdtc(ccbkighardh;amm 3916 Normal St, San Diego Ca, 92103 619-294-4477 ex 105 Ikarttrr�,tcmua orni 11830 Pierce St #200, Riverside Ca, 92505 951-588-6685 farustooM)'landartr:com 18800 Van Karman Ave, Irvine Ca, 92612 949-833-9193 rkeeelerfdt%ltv,oc(coin 3458 Ocean View Blvd, Glendale Ca, 91208 818-248-5200 larrgMirmassoc,oam 5161 California Ave #100, Irvine Ca, 92617 949-261-1001 IksulGwantiRaimacam 17992 Mitchell South #110, Irvine Ca, 92614 949-756-0150 1tvnn0licapow!va toomn 8405 Pershing Dr #201, Playa del Rey Ca, 90293 310-306-4708 in, orbadopmarthezarohitects:com 3780 Wilshire Blvd #250, Los Angeles Ca, 90010 213-384-3844 !hdllly r.dlagreem:com 801 N Harbor Blvd, Fullerton Ca, 92832 714-871-3638 jimp ynigtoom,ca!n 3151 Airway Ave #J3, Costa Mesa Ca, 92626 714-754-7311 drtarnpile(cbmumis,net 7523 Norton Ave, West Hollywood Ca, 90046 323-851-4040 rariia:Aga-da;oom 14725 Alton Pkwy, Irvine Ca, 92618 949472-3415 ,ifrarwi6i r ..bf:com 8841 Research Dr #200, Irvine Ca, 92618 949-387-13230 31591 Camino Capistrano, San Juan Capistrano Ca, 92675 949-493-2600 dar..rv1ftimndlesigmaroup.com 315 3rd St #N, Huntington Beach Ca, 92648 714-969-4452 iroberrlCeDrrnadlesigm:met 27127 Calve Arroyo #1905, San Juan Capistrano Ca, 92675 949-248-7138 rPricq@rpAia*Dni 232 Avenida Fabricante # 112, San Clemente Ca, 92672 949-361-7950 bahamn®aam rrrindesign.corn 2655 Fourth Ave, San Diego Ca, 92103 619-236-1462 gsochmidtoschmidttdlesign:com 642 Moulton Ave #W4, Los Angeles Ca, 90031 323-221-6600 1 i d h njAsip a mni omaameyrcom 34197 Coast Hwy #200, Dana Point Ca, 92629 949-443-1446 ;PmuWd,w,(r,)smlpinc,met 811 W 7th St #430, Los Angeles Ca, 90017 213-236-9090 ga wimo swa scru room 27905 Smyth Dr, Valencia Ca, 91355 661-702-1011 joeQtciaine:eorrr 3242 Halladay #203, Santa Ana Ca 92705 714-557-5852 1133 Columbia St #205, San Diego Ca, 92102 619-696-9303 ex 103 iksamia(Dsd;m+rkdes�n_oom ACa D CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYY) 3 10 2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURERA: Travelers Property Casualty Cc of Ameri INSURER B: Travelers Indemnity Co. of Connecticut NUVIS 3151 Airway Avenue Suite J1-J3 Costa Mesa CA 92626 INSURERC:Zurich American Insurance Co. INSURER D: Travelers Casualty Ins. Co. of America INSURER E: COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLTR LIMITS A GENERAL LIABILITY 6805522LO96 10/29/2009 10/29/2010 EACH OCCURRENCE $1 000 000 FIRE DAMAGE (Any one fire) $1 0 0 0 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE rx_� OCCUR MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY $1 000 000 X Contractual Liability GENERAL AGGREGATE $21,000,000 GEML AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $2 0 0 O 0 0 0 1-1 POLICY X PRO LOC B AUTOMOBILE LIABILITY ANY AUTO BA5527L842 10/29/2009 10/29/2010 COMBINED SINGLE LIMIT (Ea accident) $1 , 000, 000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ • X HIRED AUTOS NON -OWNED AUTOS T� A i ED AS O F PROPERTY DAMAGE (Per accident) $ `,U` A O QL Ily GARAGE LIABILITY / /v AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ D WORKERS COMPENSATION AND UB8038Y826 10/29/2009 10/29/2010 X 'A'DSTATU- oTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1 OOO OOO E.L. DISEASE - EA EMPLOYEE $1 000,000 E.L. DISEASE - POLICY LIMIT $ 0 0 0 0 0 0 C OTHER Professional Liability EOC914041803 12/1/2009 12/1/2010 Per Claim $2,000,000 Annual Aggr. $2,000,000, Claims Made DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. E: All operations as pertains to named insured The Cityiof Huntington Beach, its eleted or appointed officials, agents, officers, employees and volunteers are Additional Insured as respects to general liability as required by written contract. CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETTER: CANCELLATIONi n na-,r Nnf i rP fnr Nnn-PavmPnt- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Huntington Beach WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER' Attn: Risk Mgmt. NAMED TO THE LEFT. 2000 Main Street Huntington Beach CA 92648 - AUTHORIZED REPRESENTAT - ACORD 25-S (7197) O ACORD CORPORATION 1988 ASW TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 83 03 76 (00) - 002 POLICY NUMBER: UB-803BY82-6 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. 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 3,00 mium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS COMPLETED A WRITTEN AGREEMENT TO PROVIDE THIS WAIVER. DATE OF ISSUE: 10-06-08 ST ASSIGN: % of the California workers' compensation pre - Job Description COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 41 — I ENd EN �i This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): 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 injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 • © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. � F 40 Professional Service Approval Fori; CITY OF HUNTINGTON BEACH IN - Date: 1/27/2010 Project Manager Name: David C. Dominguez Requested by Name if different from Project Manager: Department: Community Services PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORD MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: On Cali Landscape Architect for Community Services Department - RFP process completed prior to new requirements. 2) Estimated cost of the services being sought: $ f00,000 for a three-year contract 3) Are sufficient funds available to fund this contract? ® Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes ❑ No 5) Business Unit and Object Code where funds are budgeted: 209.45001.69365 6) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. 4 ment Hegd Signature APPROv /I D�IIED ❑ City Signature _ / L,) Director of Finance's Initials &;7/ //(-) Date %!5atee Date �V Deputy City Administrator's Initials Date Professional Service Approval Form �dUpJTY �p4 CITY OF HUNTINGTON BEACH - 11 Date: 1/27/2010 Project Manager: David C. Dominguez Requested by Name if different from Project Manager: Department: Community Services PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & H MUST BE PILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant- Nuvis Landscape Architecture 2) Contract Number: CMS C) (0 01 U U0 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $i00,000 over a three-year period 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. Director of Finance (or designee) Signature Date City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 15, 2010 NUVIS Attn: Leslee A. Temple 3151 Airway Ave. #13 Costa Mesa, CA 92626 Dear Ms. Temple: The City Council of the City of Huntington Beach at the meeting held June 7, 2010, approved execution of the Professional Services Contract between the City of Huntington Beach and NUVIS for As -Needed Professional Design/Landscape Architectural Services. Enclosed is a duly executed copy of the agreement for your records. erely, olv_jrog) Joan L. Flynn, CMC City Clerk Enclosure: Contract JF:pe Sister Cities: Anjo, Japan ® Waltakere, New Zealand (Telephone: 714-536-5227)