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RJM DESIGN GROUP, INC. - 2006-11-20 (2)
206 NOV 13 PH2: 51 Council/AgencyMeeting Held: g I'� �u E �� _ :w�.ci�I eferred ontinued to Q ���e +� ❑Approved ❑ Conditionally Approved ❑ Denied C' le 's Sig tune Council Meeting Date: 11/20/2006 Department ID Number: 06-021 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITYNCOUNCIL MEMBERS SUBMITTED BY: PE LO LBRETH-GRAFT, D A, CITY ADMINISTRA R PREPARED BY: JIM B. ENGLE, DIRECTOR OF COMMUNITY SERVI SUBJECT: APPROVE PROFESSIONAL SERVICES CONTRACTS ITH RJM DESIGN GROUP, INC. FOR AS NEEDED LANDSCAPE ARCHITECTURAL SERVICES Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Community Services Department requires landscape architectural services on an as-needed basis to support staff for landscape design and construction for capital projects and city facilities. Funding Source: Funds are budgeted in Park Acquisition and Development Fund 209 in FY 2006/2007 for capital improvement projects, and additional funds will be budgeted in future years' budgets for the multi-year contract. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute a professional services contract with RJM Design Group, Inc. for as-needed landscape architectural services for an amount not to exceed $1 million over a three-year term. Alternative Action(s): Do not authorize the contract and advise staff how to proceed. REQUEST FOR CITY COUNCIL. ACTION MEETING DATE: 11/20/2006 DEPARTMENT ID NUMBER: 06-021 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 facilities. The current Capital Improvement Program shows almost $3,000,000 in Park, Acquisition and Development capital improvement projects scheduled through 2010, with projects anticipated to be added throughout the term. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Seventeen proposals were received and the top three qualified firms were selected for use on an as-needed basis to give the city the ability to submit proposals for development projects within the city's park system and coastal zones, including new development, refurbishing, building design, and environmental cleanup. The contract with RJM Design Group, Inc. allows for a three-year contract term with a total budget not to exceed $1 million. Funding sources will be the capital project accounts, using the approved project budgets. Environmental Status: Not applicable. Attachment(s): NumberCity Clerk's Page . Description 1. Professional Services Contract with RJM Design Group, Inc. -2- 1116/200611:06 AM (10) November 20, 2006 Council/Agency Agenda - Page 10 E-9. (City Council) Approve Amendment to Personal Services Agreement with City Administrator, Dr. Penelope Culbreth-Graft, Amending Sections "Employment and "Compensation" 1)Approve Amendment to Agreement for Personal Services— City Administrator, Dr. Penelope Culbreth-Graft and 2)Authorize execution of the Amendment by the Mayor and City Clerk. Submitted by the City Attorney. Funding Source: 10030101.51110. Approved 7-0 E-10. (City Council) Appoint Duane Wentworth as City Historian and Direct City Attorney to Draft Resolution to Formally Establish the Council-Appointed Position of City Historian and Establish Process for Future Historian Appointments, and Authorize the City Clerk to Appropriate and Administer Funds Annually to Support Research, Storage and Reproduction of Historical Records - Submitted by the CityClerk. Funding Source: No funds are needed in the area of personnel expenses since this position is filled on a voluntary basis with no compensation. Funds in the amount of$18,000 were budgeted for FY 2006/07, Account No. 10010101.69300, City Clerk, to help defray the initial costs for proper storage and/or optical imaging of historical photographs;and documents. Councilmember Cook suggested developing a process for selection. Motion as amended to direct the Historical Resources Board to develop a process for selection of City Historian and present recommendations to Council. Approved 6-1 (Green—No) E-11. (City Council) Approve and Authorize the Mayor and City Clerk to Execute a Professional Services Contract with NUVIS Landscape Architecture and Planning for an Amount Not-to-Exceed One Million Dollars Over a Three Year Term for As-Needed Landscape Architectural Services—Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract Between the City of Huntington Beach and NUVIS Landscape Architecture_and Planning for as-needed landscape architectural services for an amount not to exceed $1 million over a three-year term. Submitted by the Director of Community Services. Funding Source: Funds are budgeted in Park Acquisition and Development Fund 209 in FY 2006/2007 for capital improvement projects, and additional funds will be budgeted in future years' budgets for the multi-year contract. Pulled to date uncertain. E-12. (City Council) Approve and Authorize the Mayor and City Clerk to Execute a Professional Services Contract with RJM Design Group, Inc. for an Amount Not-to-Exceed One Million Dollars Over a Three-Year Term for As- Needed Landscape Architectural Services -Approve and authorize the Mayor and City Clerk to execute a Professional Services Contract Between the City of Huntington Beach and RJM Design Group, Inc. for as-needed landscape architectural services for an amount not to exceed $1 million over a three-year term. Submitted by the Director of Community Services. Funding Source: Funds are budgeted in Park Acquisition and Development Fund 209 in FY 2006/2007 for capital improvement projects, and additional funds will be budgeted in future years' budgets for the multi-year contract. Pulled to date uncertain. ATTACHMENT #1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RJM DESIGN GROUP, INC.FOR LANDSCAPE ARCHITECTURAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and RJM DESIGN GROUP, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on-call landscape architectural services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Robert Mueting, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. Ar Is NO` ACT10% N TAKEN 06-332/2830 1 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 , 20 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A shall be completed by the deadlines assigned on the Commencement Date of this Agreement. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses,not to exceed One Million Dollars ($1,000,000) 5. EXTRA WORK In the event CITY requires'additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. NO ACTI N 06-332/2830 2 AKEN 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, provided that any such use not within the purposes intended by this Agreement shall be at'CITY's sole risk. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or lability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel This i d ty shall apply to all claims A C T 10' N" 06-332/2830 3 and liability regardless of whether any insurance policies are applicable. The policy limits do not act as 'limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars' ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. UN TU 3 ff Now TA raj%r It N 06-332/2830 4 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. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten`(10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. 11 INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, JM 06-332/2830 5 /ACTION 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. 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 06-332/2830 6 ACTIC" N CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY' and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach RJM DESIGN GROUP, INC. ATTN: David Dominguez 31591 Camino Capistrano 2000 Main Street San Juan Capistrano, CA 92675 Huntington Beach, CA 92648 17. CONSENT When CITY's consent/approval is required under this Agreement, its r consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. N W -,CTI0"k " 0 V11 06-332/2830 7 TA K N 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 curtailed and limited only to the extent necessary to bring it within the requirements of the law. IL 9 Aft, IL 0 NLU" A C T 10 F 4 OW A 1r Now LA 9-1 N 06-332/2830 8 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. IL I Nu AuTION 06-332/2830 9 TAKEN 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party:or anyone acting on that party's behalf, which are not embodied in this 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. UM ACTI in Ir� lh M M Iff EK I L& n F&M 06-332/2830 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on , 20 RJM DESIGN GROUP, INC., a California CITY OF HUNTINGTON BEACH, C ra i a municipal corporation of the State of California By • Mayor - print name ITS: (circle one)Chain /Presiden ice President a4-,, City Clerk e1MA By APPROVED AS TO FORM: ITS: (circle on cretar r if" uncial Officer/Asst. Secretary—Treasu o- JgtrE, ity A ey REVIEWED AND APPROVED: City Administrator INITIATED AND APPROVED: Oirector of Communit dervices ff IN ACTIV off WA w I AMEN 06-332/2830 11 EXHIBIT A �i L APROACH Firm Overview RJM Design Group, Inc. is a multi-disciplinary planning and design firm committed to "Building Community" through serving the needs of cities,counties, and other governmental agencies. t Our firm specializes in the preparation of community based neighborhood and regional parks, recreation facilities and assisting the community in transforming that vision into realty. RJM's staff consists of experienced planners,landscape architects and architects, familiar with the needs of the City of Huntington Beach. 1 The design of recreation facilities that"fit"within the context of the site is a specialty of our team. Specific design elements should respond to accessibility, safety standards, the existing site character, and long term maintenance concerns. The general site development of the park will contribute to a cohesive. "sense of place" and a common focus for future recreation needs in the community. .; Our mission is to assist the community in the planning and design of recreation facilities that enhance the duality of life for its users and visitors.We believe good design is the physical expression of sound ideas,imagination and creativity. We are committed to the principal of teamwork and collaboration. Our performance can best be measured by our long-standing client relationships and the professional recognition of numerous awards ` given by our peers. E L Z. Methodology S The potential exists for an interactive design process that integrates City staff, and consultant expertise in developing and refining the improvements design concepts.A comprehensive design ® process is critical in order to ensure that the subsequent development activities are coordinated and responsive in meeting the current and future agency requirements and the establishment of a ® successful landscape environment. © Our firm offers a comprehensive approach to preparing the landscape architectural concepts for various projects for the City of Huntington Beach,This approach is based upon past involvement in the successful completion of numerous park and recreational projects. The approach incorporates techniques which we have used successfully on similar projects including extensive coordination with project engineers and the City Staff and integration of their expertise into the design process. Coordination With City Staff RJM Design Group, Inc. has directed many interdisciplinary planning and design projects. We have found that teamwork and close coordination between the client,consultants and public agencies is essential to a successful project. We recognize that the Design Team will be responsible for ensuring a high degree of coordination occurs and that project milestones are meta A major priority of the Design Team will be to establish a regular dialogue with the City Staff and interested parties so that our products reflect project goals and City policies. Project Management f The importance of these projects demands an organizational framework that focuses specialists ' in varied disciplines towards one common goal. Our Design Team has been specially selected from the best talent available. Our approach to this project is based on a strong relationship be- tween the Team Members and a thorough understanding of the requirements to guide projects to a successful completion. We suggest working with a representative from the City (Project Manager) that will form the conduit through which all project information is exchanged and relayed to the Design Team. It is the responsibility of our Design Team Leader to ensure that the Team is moving efficiently in the right direction in accordance with these projects requirements and the desires of the City. M Lake Forest Nature Park 3• Lake Forest,CA Methodology Community Forums and Workshops We have developed aPr process t combines our Tanning and des ign expertise with the talents and knowledge of City Staff together with the insight and passion of the diverse regional community. We strongly believe that this approach will add depth and vision to the overall plan and serve to insure its long-term success. The Design Team suggests a program of workshops to clarify the vision for the project, establish project goals, review alternative plans and obtain community comment and support.We propose to work closely with City Staff to organize and further define the approach to be used in this element of the design process so as to tailor it specifically to the needs of the City of ` Huntington Beach. The workshop process encourages` involvement of diverse groups including members ofyouth and adult sports organizations, as well as f more passive oriented members of the community and allows them to interact together and familiarize each other as to their likes, dislikes, concerns, and fears. A properly designed workshop process with City Staff will ensure that opportunities for review and comment occur at the appropriate stage in } the design process. { Design Alternatives { The Design Team has found that alternative plans are developed more efficiently through a systematic process of concept development, interdisciplinary review/critique and refinement.Our Team is structured { to frequent dialogue among the City Staff and Design Team Members is a dynamic and effective way to structure efficient design concepts. This process results° in rapid consensus on the major components of alternative plans. The proposed design solutions will provide for integrated adherence to current ADA requirements. of 4. 1 Y 1 II. TEAMORGINIZA?TON 1 The importance of this project demands an organizational framework that focuses specialists in 1 many disciplines towards one common goal. RJM Design Group,Inc.has planned and organized a project team selected from the best talent available. Our approach to this project is based on a strong relationship of the team members and a thorough understanding of the project require- ments. 1 The Project Team will include key members of RJM's staff having a combination of immediate and prior experience with the design of similar facilities.RJM Design Group,Inc. and Consultant / team members have extensive local knowledge and a great desire to develop a close working,as- sociation with the City of Huntington Beach. RJM Design Group, Inc. will provide project management,professional park planning and land- scape architectural services, as well as overall project design, coordination, and administration for the development of the various projects for the City of Huntington Beach. We have selected our team members in consultation with the other principals, drawing on the best community/recreational park expertise available: i 1 Our Design Team's technical capabilities encompass complete utilization of digital media includ- ing GIS mapping, site analysis exhibits, master plan graphics including plan preparation and 1 character sketches, and complete CADD production capabilities. Our presentation methods include colored hard copy exhibits and digital Power Point presentations. 1 Key Personnel 1 RJM Design Group,Inc.will function as a`conductor of all orchestrated technical and design dis- ciplines to effectively accomplish all project criteria and objectives. 1 In addition, the Design Team includes specialty consultants with stellar qualifications and the technical expertise in various disciplines to provide a focused direction relative to specific facility 1 requirements for the various city projects. 1 Following is a brief description of the function and relationship of key individuals` 1 Robert J. Mueting,A.I.A.,A.S..L.A of RJM will be the Principal-in-Charge and will maintain ' continuous contact with the City's Project Representative.He will direct the project from start to finish and will keep design team members informed of all matters affecting the impact on the client requirements, (i.e.,design conformance,budgets, and schedules.)He will be especially mindful of the political and public attitudes regarding the project. This effort will require that he • Larry Ryan,A.S.L.A.,Back up Principal will serve as RJM's Back up Principal. He will direct the community workshops and be responsible for overall project coordination,and development of all aspects of the project,ensuring continuity of the master plan through construction documents. • Craig Sensenbach, Project Manager/Landscape Architect will be RJM's project designer and assist with the coordination of all consultant activities. 6. IV. SCHEDULE ONHOURL YRA TES -1 2005 STANDARD HOURLY FEE SCHEDULE The Client agrees to pay Consultant as compensation for all authorized work included in the Scope of Services heretofore stated,at the hourly rates below: PRINCIPAL LANDSCAPE ARCHITECT $130- $150 per hour ASSOCIATE LANDSCAPE ARCHITECT $110- $120per hour PROJECT LANDSCAPE ARCHITECT $95 per hour CADD/DESIGNER $75- 85 per hour DRAFTSPERSON $65 per hour WORD PROCESSING $50 per hour e When incurred,the following project expenses will be billed at cost plus 15%handling fee. These expenses will be subtracted from the reimbursable expense allowance and billed ' monthly under separate invoice. All reproduction,copying,printing,plotting,photography,graphics,and delivery Long Distance telephone,fax,modem Public transportation,charter or rental and mileage Special rendered exhibits and printed reports. Fees will be escalated each August 1st in accordance with any increase in the Consumer's Price Index or other i mutually agreed upon cost index, beginning with August 1,2006. ' V. STATEMENT OFOFFER AND SIGNATURE 1 The proposal RJM Design Group,Inc.is submitting is a firm offer for a sixty 1 (60)day period and is signed below by an individual authorized to act on behalf of the firm i - 1 1 J La .Ry ' ,Principal. i 15. t` f EXHIBIT B T EXHIBIT «B» Payment Schedule(Hourly Payment) A. Hourly Rate' CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Principal Landscape Architect $130-$I50/hour Associate Landscape Architect $110-$120/hour Project Landscape Architect $95/hour CADD/Designer $75-85/hour Draftperson $65/hour Word Processing $50/hour B. Travel 1. Charges for time during travel are not reimbursable 2. _ Automobile expenses are limited to the IRS standard business mileage rate of $0.445. C. Billina 1. All billing shall be done monthly in one-tenth-hour(0.10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 2. Each month's bill should include a total to date. That total should provide, at a glance,the total fees and costs incurred to date for the case or matter. 3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy-Five Dollars ($75.00). The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0.10) per page, whichever is less. 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. 5. CITY will not pay for word processing charges. This includes per page or hourly charges. 6. The CITY expects that all attorneys will have a library,be it in book or electronic form. Consequently, the CITY will not pay for electronic legal research, such as LexisNexis or Westlaw. 7. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. 8. CITY`appreciates when CONSULTANT has researched an issue previously and uses that research on the present case. CITY has retained CONSULTANT because of its past experience. CONSULTANT shall not charge CITY for work it has done and billed another client for in the past. 9. Delivery of work product: A copy of every memorandum, letter,report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 10. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall- A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. 'Such,approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. - 11. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above,and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. L' Landscape Architectural Services f. F i I I Copley Design Collaborative 1 3 2 -—__--5� 100. _. Lawrence R.Moss&Associates 3 2 51 100' AHBE Landscape Architects f 3 1 1 4t 80 Ann Christoph Landscape Architect 4 3 71 1401 Richard Fisher Associates ! 4 3 T 140i ----- - - - -- - - PurkissRose-RSI I _ 1401 - - Mia Lehrer+Associates _ —_4 13 i 7 1401 The Luckman Partnership,_Inc — 3 2 _ _ 5 100 NUVIS Landscape Architecture I 5 4 9 180t Cornerstone Studios,Inc. 3 3 6 120; RRM Design Group _ -- --4 —2.5 - 6.5 —. 130' - David Volz Design _ ---- 4 4 I 8 1601 Schmidt Design Group,Inc. 3 - _2 — 5 100 RJM Design Group,Inc. 5 Copley Design Collaborative i 3 3 61 270! Lawrence R.Moss&Associates 1 3 2.5 5.5 247.51 AHBE Landscape Architects_ 3_ 2.5 i 5.5 247 5j_ Ann Christoph Landscape Architect --- j 3 2_ 5 2251 _ —�"-- Richard Fisher Associates 4 4 8! 360 Purkiss Rose-RSI I 3 4 71 3151 Mia Lehrer+Associates -- f 3 2 5 225 - -- - - -- -- -The Luckman Partnership,Inc 2 2 4 180 NUVIS Landscape Architecture 4 4 8' 360 Cornerstone Studios,Inc. T 3 3 _`6� 270i RRM Design Group i 4 - - 3 7F _ 315 David Volz Design -- 5 4 9L - 405 Schmidt Deslgn Group,tnc_ j _ 3 3 6 2701 RJM Design Group,_Inc —T 5 4 9 - ---- - - 1 - - ----�- 405___ --. , _ 1 of 3 h Landscape Architectural Services j Copley Design Collaborative 0; Oi Lawrence R.Moss&Associates r 01 W AHBE Landscape Architects_ ! 0 0; _. - - - - Ann Christoph-Landscape Architect ! 0 0 _ -- --- Richard Fisher Associates 0 0! Purkiss Rose-RSI 0 0-- Mia Lehrer+Associates 0, 0 I The Luckman Partnership,Inc ____ 0. 01 _ NUVIS Landscape Architecture OL _ Cornerstone Studios,Inca - - - - -- ---- -- 01 ?- _ RRM Design rou Gp-- ---- -- --- -- -. i ----T-----01 --- David Volz Design -- - - -- -- I----0 -- Schmidt Design Group,Inc. �_ _01 RJM Desi n Group,Inc. ---------- Copley Design Collaborative 4 I 3 71 70 Lawrence R.Moss&Associates ! 3 AHBE Landscape Architects i 3 1 3 6` 60' Ann Christoph Landscape Architect 4 3 7 701 Richard Fisher Associates 4 3 7' 70 Purkiss Rose-RSI 4 3 i -- 7, 70 -------- Mia Lehrer+Associates 4 3 , _ 7 70 — The Luckman Partnership,Inc 4 3 7; 70', NUVIS Landscape Architecture _ - ; ' 4 3 71 70 Cornerstone Studios,Inc. _ - 4 - 3 770; RRM Design Group----- - -- 4 3 �7! _ SOT! David Volz Design 4 5 _ 9 90 - -- — Schmidt Design Group,Inc. 4 3 1 T 701 RJM Desdan Group,lnc_ _ 4 - 4 Bi 80! 2of3 Landscape Architectural Services I 1 2 Copley_Design Collaborative 3 3 6 60 Lawrence R.Moss&Associates 3 3 6: 60i AHBELandscape Architects 3 3 6 60 Ann Christoph Landscape Architect ---- -----r --- -- - ---- --- Richard Fisher Associates 3 4 7, 70 Purkiss Rose-RSI 3 3 6 60 Mia Lehrer+Associates 3 1 3 6 1 60 ------------ The Lockman Partnership,Inc 4 3 7 70 NUVIS Landscape Architecture 4 3 7 -- 70 Cornerstone Studios,Inc. 4 i 3 7: 70 RRM Design Group 3 3 61 60 David Volz Design 4 _ 4 g 80 Schmidt Design Group,Inc. ' 4 3.5 7.5 75 RJM Design Group,Inc. 3 3 6' 60 Proposers Totals Ranking Percentage; --- Copley Design Collaborative 500 ! I Lawrence R.Moss&Associates 467.5 rt ANBE Landscape Architects 447.5 A_nn Christoph Landscape Architect 495 Richard Fisher Associates 640 4 P_urkiss_Rose-RSi __- 585 Pending Mia Lehrer+Associates - --— --- 495 - — - - _-- The Luckman Partnership,Inc 420 I - -- ---r NUVIS.LandscapeArchitecture 680 3 Cornerstone Studios Inc. 530 5 , RRM Design Group 575 David Volz Design 735 1 _ Schmidt Design Group,Inc. 515 ' RJM Design Group,Inc. 725 2 3of3 Client#!6243 RJMDESIGN D. CERTIFICATE OF LIABILITY INSURANCE 09/28/2006 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 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. to Ana,CA 92711-0550 , 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURER A: United States Fidelity&Guaranty 315 Design Group,Inc. INSURERB: American Automobile Ins.Co. 191 Camino Capistrano INSURERc: Liberty Insurance Underwriters,Inca Sann Juan Capistrano,CA 92675 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR POLICY EFFEC POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER E MMID TIVE DATE LIMITS A GENERAL LIABILITY BKO1309630 09/30/06 09/30/07 EACH OCCURRENCE $1 000 000 X COMM ERCIAL GENERAL LIABILITY Gen.Liab.policy FIRE DAMAGE(Any one fire) $1 000,000 CLAIMS MADE o OCCUR excludes claims MED EXP(Any one person) $1 O 000 arising out of the PERSONAL&ADV INJURY $1 000 000 performance of GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: prof.Services PRODUCTS-COMP/OP AGG s2,000,000 POLICY PRO- LOC A AUTOMOBILE LIABILITY BKO1309630 09/30106 09/30/07 COMBINED SINGLE LIMIT 000$1 ANY AUTO (Es accident) r r000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS "BODILY INJURY X NON-OWNED AUTOS (Par accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ ,I IT =a jI ENicCItAT tyAttom I►(�la� $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND WZP80944033 09/30/06 09/30/07 X WC STATU- CER EMPLOYERS'LIABILITY TltY LIYI_F E.L.EACH ACCIDENT $1,000 000 E.L.DISEASE-EA EMPLOYEE $1,000,000' E.L.DISEASE-POLICY LIMIT $1 000,000 C OTHER Professional AEE1960170105 09/30/06 09/30/07 $1,000,000 per claim lability $2,000,000 annl aggr. laims Made DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES!EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS- Re:All Operations as pertains to named insured. City of Huntington Beach,its officers and employees are Additional Insured as respects to General Liability coverage. CERTIFICATE HOLDER ADD mONAL INSURED;INSURER LETTER: CANCELLATION Ten Day Notice for Non-Payment of Premium SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF,THE ISSUING INSURER WIC TO MAIL 30__DAYSWRITTEN Attn: Risk Management NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHELEFT, 2000 Main Street xa x ;K*X Huntington Beach,CA 92648 Xw2X AUTHORIZED REPRESENTATIVE ACORD 25-S(7197)1 of 1 #M173203 JMC o ACORD`CORP�' "'g Policy Number: BKO1309630 Owners Lessees or Contractors (Form B) ADDITi6NAL INSURED Change(s) Effective: 09/28/2006 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Schedule Name of Person or Organization: City of Huntington Beach Attn: Risk Management 2000 Main Street Huntington Beach, -CA 92648 SECTION I1 - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. City of Huntington Beach, its officers and employees PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREEDTHAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. CL/BF 22 40 03 95 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms apart of Policy No. WZP80944033 Issuedto: RJM Design Group, Inc. By:. American Automobile Ins Co. Premium (if any)TBD We have a right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain''payroll'`records°accurately`segregating the remuneration of your employees while engaged-in the-work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Huntington Beach Re: All Operations as pertains to named Attn: Risk Management insured. City of Huntington Beach, 2000 Main Street its officers: and employees Huntington Beach, CA 92648 WC 04 03 06 Countersigned by (Ed.4-84) Authorized Representative its PROFESSIONAL SERVICE CONTRACTS Hun, PURCHASING CERTIFICATION 1. Requested by: Commuity Services/David Dominguez 2. Date: June 6, 2006 3. Name of consultant: RJM 4. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicted consultatnts in your answer to 11 of this form. 5. Amount of the contract: $1,000,000.00 6. Are sufficient funds available to fund this contract?� Z Yes, ❑ No 7. Company number and object code where funds are budgeted: Olo J c c.f Q���,,c li a l z.r Irv'e- t- 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ®Yes, ❑ No 9. Is this contract w thin 25 OOO o % (whichever is less the amount stated on the list of professional service contracts approved by the City,,Council?, ® Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? Z Yes, ❑ No 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. Attach proposed scope of work. 13. Attach proposed payment schedule. S;HiAiRD-AKAA`bRIL, Man er Purchasing/Central Services If the answer to any these questions is "No,"the contract will require approval from the City Council. Purchasing Certification RJM 6/6/2006 11:41 AM r ( v A t RFP for Landscape Architects RJM Design Group, Inc. 31591 Camino Capistrano San Juan Capistrano, CA 92675 949.493.2600 Community Works Design Group 4649 Brockton Avenue Riverside, CA 92506 909.369.0700 RHA Landscape Arch/Planners, Inc. 3612 Mission Inn Avenue Riverside,CA 92501 Stivers&Associates Environmental Planners/Landscape Architects 150 El Camino Real, Suite 120 Tustin, CA 92680 949.752.4114 Cornerstone Studios,Inc. 106 W. 4' Street—5ffi Floor Santa Ana, CA 92701 714.973.2200 Richard Fisher Associates 2001 E. 1st., Suite 160 Santa Ana,CA 92705 714.245.9270 WCC Architects 10470 Foothill Blvd. Tower Suite Rancho Cucamonga, CA 91730 Willdan 13191 Crossroads Parkway North, Suite 405 Industry,CA 91746-3497 562.908.6200 Nuvis Landscape Architecture and Planning 3151 Airway Avenue,Suite J-3 Costa Mesa, CA 92626 714.754.7311 4 ,.t RFP for Landscape Architects Page 2 David Volz Design Landscape Architects, Inc. 170 Bushard Street, #30 Fountain Valley, CA 92708 714.593.3300 David Evans& Associates, Inc. 800 N. Haven Avenue. #300 Ontario, CA 91764 949.588.5050 Tatsumi and Partners, Inc. Landscape Architects 1 2 3 Nuvis 15 11 14 40 David Volz Design 14 13 14 41 RJM Design Group 14 14 14 42 Richard Fisher Assoc. 12 13 13 38 Conerstone 12 10 12 34 Nuvis 22 20 22 64 David Volz Design 22 22 23 67 RJM Design Group 22 21 20 63 Richard Fisher Assoc. 20 21 20 61 Conerstone 20 17 20 57 Nuvis 24 23 23 70 David Volz Design 24 21 23 68 RJM Design Group 22 21 23 66 Richard Fisher Assoc. 20 20 22 62 Conerstone 20 18 20 58 Nuvis 20 18 19 57 David Volz Design 17 18 18 53 RJM Design Group 18 18 18 54 Richard Fisher Assoc. 18 18 18 54 Conerstone 15 17 17 49 y t Nuvis 12 12 12 36 David Volz Design 13 13 13 39 RJM Design Group 13 12 13 38 Richard Fisher Assoc. 12 12 11 35 Conerstone 10 10 11 31 Proposers Interview Proposal Totals Ranking Nuvis 267 680 947 3 David Volz Design 268 735 1003 1 RJM Design Group 263 725 988 2 Richard Fisher Assoc. 250 640 890 4 Conerstone 229 530 759 5 RCA ROUTING SHEET INITIATING DEPARTMENT: Community,Services SUBJECT: Approve Contract with RJM Design Group, Inc. for Landscape Architect Services COUNCIL MEETING DATE: November 20, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits &legislative draft if applicable) Attached Li Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached El Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Ap licable Contract/Agreement (w/exhibits if applicable) Attached Si ned in fuff b the Cit Attorne Nat ApplicableEl Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by CityAttorne Not applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over$5,000) Attached Not Ap licable ❑ Bonds (If applicable) Attached ❑ Not Applicable Staff Report (if applicable) Attached Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached El Not Applicable EXPLANATION FOR MISSING ATTACHMENTS' REVIEWED RED` R D FOR AR D Administrative Staff Deputy City Administrator Initial City Administrator initial City Clerk EXPLANATION FOR RETURN>OF ITEM.2 (Below SpaceFor Only) RCA Author: Brunson