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HomeMy WebLinkAboutSite Design Group, Inc. - 2009-12-07 F_ ell - CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE 2 NUA D E IrC 8 P�11 1 4 5 To: JOAN FLYNN, City Clerk Name of Contractor: Site Design Group, Inc. Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Design Services for a Skate Park at Worthy Community Park Amount of Contract: $10,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed Initiating Dept.' M to Risk Management El Finance Dept. F-1 ORIGINAL bonds sent to Treasurer ❑ C��'�' Date: Name/Exten on City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SITE DESIGN GROUP, INC. FOR PROFESSIONAL DESIGN SERVICES FOR A SKATE PARK AT WORTHY COMMUNITY PARK 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 Site Design Group, Inc., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to design a skate park at Worthy Community Park; 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 Michael MacIntyre, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 09-2285/40533 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� CPw AP- -7 , 2001 (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����y�n��- `, 2��0 from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Attachment 1 to Exhibit "A." This schedule may be amended t:o 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 Ten Thousand Dollars ($10,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 09-2285/40533 2 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 performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits 09-2285/40533 3 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. 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 09-2285/40533 4 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, 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. 09-2285/40533 5 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 CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 09-2285/40533 6 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 Site Design Group, Inc. ATTN: David Dominguez Michael McIntyre Community Services 527 N. Highway 101, Suite E 2000 Main Street Solana Beach, CA 92075 Huntington Beach, CA 92648 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive 09-2285/40533 7 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. 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 09-2285/40533 8 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. 09-2285/40533 9 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. IN WITNESS WHEREOF, the parties hereto have caused this pAgreement to be executed by and through their authorized officers on 1 l oyein ec o , 20 C)9. 09-2285/40533 10 SITE DESIGN GROUP, INC., CITY OF HUNTINGTON BEACH, a California corporation a municipal corporation of the State of California By: l"► I C.�1 GAL'� I'ti G�n�"y fe- 6-fr—e—aor`of print name (Pursuant To HBMC§3.Q(3.100) ` ITS: (circle one)Chairman/Presiden =Prsidmt AND APPROVED AS TO FORM: By f� City Y nt Attorney 0 s 10 �v (ci1a� ITS: (circle on Secret )Chief Financial Officer/Asst. REVIEWED AN PPR ED: Secretary—Treasurer City inistrator (only for contr cts$ 000.00 and over) 09-2285/40533 11 EXHIBIT "A" Exhibit "A" A. STATEMENT OF WORK: To design a 6,000 to 10,000 square foot skate park at Worthy Community Park within the footprint of an existing 10,000 square foot racquetball facility. The design should incorporate both streetscape elements and bowls. B. CONSULTANTS DUTIES AND RESPONSIBILITIES: PRASE 1.0—PROJECT INITIATION Objectives: • Meet with city staff on project intent and planning process. • Review and analyst existing site conditions. • Review and evaluate all options for types of skate park features including placement of the skate park in the area of the existing racquetball facility. Consider the use of the area based upon total demolition of the racquetball facility or partial demolition to possibly include two or three of the existing tilt-up walls to border the skate park. • Define the scope of work, schedule,program and overall items of coordination. • Establish the project working relationship with all members of the project team. • Review any applicable studies, concepts, existing data sources, and any other work done to date in the interest of this project. • Conduct site visit. • Establish the final Scope of Services and Project Schedule. 1.1 Project Dick-Off Meeting#1 (SITE/CLIENT) • SITE will issue a data sheet/questionnaire for the Client to complete prior to the first project meeting. This data sheet with assist SITE in the programming and design of the skate park. • Meet with City/Client staff and team consultants to verify work program, schedules and channels of communication. • Review project scope, schedule and budget with the design team. • Project Overview and distribution of design team responsibilities. 1.2 Data Collection (SITE/CLIENT) • Data will be collected as it relates to the existing site and proposed development to ensure an understanding of the site and park program. Existing information pertinent to the project scope of work will be gathered and distributed to all design team members during this phase of the work by the Client. 1.3 Skate Park Flow and Skill Level Diagrams (SITE) • Develop two (2) alternative bubble diagrams illustrating the layout and program relationships of the skate park to the overall master plan amenities. • Diagram skill levels, approximate size of amenities and circulation throughout each transition zone. 1.4 Final Scope of Services and Project Schedule (SITE/CLIENT) • Establish the final Scope of Services and Project Schedule so that it adheres to the City's expectations. Phase 1.0 Deliverables 1.1 Memorandum of project understanding and scope— submitted to Client & City for review and approval. 1.2 Matrix delineating requested items and status of each item (received/waiting on information). Matrix shall be issues to client after Design Team Meeting#1. 1.3 SITE shall use the existing preliminary park master plan as the deliverable for this task. 1.4 Final Scope of Services and Project Schedule. PHASE 2.0—CONCEPTUAL DESIGNS Objectives: • Conduct meetings with staff, local skateboarding community and other members of the public to establish design considerations and standards. • Provide conceptual design options for the skate park including skate elements based upon current design trends. • Provide recommendations on skate elements including ramps, bowls and _ construction materials. 2.1 Public Meeting#2 & Public Meeting 91 (SITE/CLIENT) • City/Client shall locate and reserve the rooms(s) for each of the below listed meetings. • City/Client shall provide SITE with any operation or maintenance issues pertaining to other parks within the Client's over site. SITE will use this information to respond to any existing park issues that may be addressed in the design of this project. • City/Client shall provide SITE with any applicable municipality and surrounding area guidelines, specifications, and detailing as it relates to any designed element within the project. Client & City shall additionally inform SITE of any special requirements for this particular project (city approved development plans, previously approved conceptual plans, special guidelines, area plans, etc.). • Three separate meeting will occur on the same date: o Client Staff Meeting—This meeting will include Client Staff. o Design Team/Project Consultant Meeting — This meeting will include the Client Staff, City Staff, public agencies and any team consultants related to the project. o Public/Skate Park Meeting #1 — The public meeting, typically starting between 5:00 — 7:00 p.m., will be held to facilitate a work session to develop consensus and present the skate park bubble diagrams and to conduct first design workshop. SITE will present various skate park styles and props for public feedback on design direction. 2.2 Project Specific Skate Park Website (SITE) • Create a website specific to this project available by first accessing www.sitedesigngroup.com. The website will be accessible 24/7 by anyone with the correct login and password, providing they have access to the internet. • The website address, along with a login and password will be distributed to all participants in the public meetings. • Items on the website will include concept photos/drawings. • Community will have a chance to interact with SITE via e-mail and provide design feedback. 2.3 Project Meeting#3 & Public Input Meeting#2 (SITE/CLIENT) • City/Client shall locate and reserve the rooms(s) for each of the below listed meetings. • City/Client shall provide SITE with any operational or maintenance issues pertaining to other parks within the Client's oversight. SITE will use this information to respond to any existing park issues that may be addressed in the design of this project. • City/Client shall provide SITE with any applicable municipality and surrounding area guidelines, specifications, and detailing as it relates to any designed element within the project. Client & City shall additionally inform SITE of any special requirements for this particular project (city approved development plans, previously approved conceptual plans, special guidelines, area plans, etc.). • Three separate meetings will occur on the same date: o Client Staff Meeting—This meeting will include Client Staff. o Design Team/Project Consultant Meeting — This meeting will include the Client Staff, City Staff, public agencies and any team consultants related to the project. o Public/Skate Park Meeting #2 — The public meeting, typically starting between 5:00 — 7:00 p.m., will be held to facilitate a work session to develop consensus and present the skate park bubble diagrams and to conduct first design workshop. SITE will present various skate park styles and props for public feedback on design direction. 2.4 Project Specific Skate Park Website (SITE) • Create a website specific to this project available by first accessing www.sitedesigngrououp.com. The website will be accessible 24/7 by anyone with the correct login and password,providing they have access to the internet. • The website address, along with a login and password will be distributed to all participants in the public meetings. • Items on the website will include concept photos/drawings. • Community will have a chance to interact with SITE via e-mail and provide design feedback. 2.5 Data Collection (SITE) • Prepare agendas, meeting minutes and maintain records of all correspondence received from the public. 2.6 Skate Park Conceptual Layout Plans (SITE) • Based upon specific design criteria gathered from the Client/City and public input obtained from the two (2) public meetings, SITE will prepare a three (3) conceptual design plans that will depict site facilities and relationships. Specific concepts to be reviewed under this contract shall be limited to the following terms: o Develop a maximum of three (3) conceptual skate park designs identifying horizontal layout of the park based on the conceptual bubble diagram layout and client approval. o Pedestrian access and circulation system. o Relationship between skate park and existing/proposed recreation areas. o Landforms and grading concept (skate park only). 2.7 Preliminary Skate Park Cost Estimates (SITE) • Determine preliminary cost for the three (3) conceptual design options. • Cost estimates shall be based upon general square footage prices, based on current market conditions. 2.8 Project Meeting #4 (SITE/CLIENT) • Attend Parks and Planning and City Council meetings to present concept plans and project information, and obtain approvals. 2.9 Project Meeting#5 (SITE/CLIENT) • Attend Parks and Planning and City Council meetings to present concept plans and project information, and obtain approvals. Phase 2.0 Deliverables 2.2 Project specific community website page from Skate Park Meeting 41. 2.4 Project specific community website page from Skate Park Meeting #2. 2.5 Meeting agendas, minutes and records from Skate Park Meeting#1 & 42. 2.6 Three (3) conceptual design options. 2.7 Preliminary Costs for Skate Park based on current market conditions. PHASE 3.0—FINAL CONCEPTUAL DESIGN Objectives: • To refine the three (3) conceptual designs providing detailed direction as to the materials, location, dimensioning, and site integration of the design elements. • To refine an estimate of probably construction cost and budget. • Prepare dimensioned site plans, elevations, and colored renderings to be used for final approvals and as a basis for preparation of construction documents. 3.1 Skate Park Conceptual Layout Plans (SITE) • Based upon specific design criteria gathered from the Client/City and public input obtained from the two -(2) public meetings, SITE will prepare one (1) final conceptual design plan that will depict site facilities and relationships. Specific concept to be reviewed under this contract shall be limited to the following items: o Develop a maximum of one (1) conceptual skate park design identifying horizontal layout of the park based on the conceptual bubble diagram layout and client approval. o Pedestrian access and circulation system o Relationship between skate park and existing/proposed recreation areas. o Landforms and grading concept (skate park only). 3.2 Project Meeting 46—Final Conceptual Design Coordination (SITE/CLIENT) • SITE will make available to the Client a copy of the final plan prior to project meeting #6. • Evaluate skate park plan for security, access and code compliance. • Review plan for innovation, value engineering, and review design schedule. • SITE will present the final skate park design in graphic format. 3.3 Final Skate Park Cost Estimate (SITE) • Determine cost for the final conceptual design. 3.4 Final Skate Park Construction Schedule (SITE) • Create a construction schedule. 3.5 Material Research (SITE) • Identify proposed materials and furnishings to be used within the skate park proj ect. • Identify all products by manufacturer and approximate cost. 3.6 Prepare Base Information (SITE) • Prepare base information for inclusion in all future design documents. • SITE will coordinate drawings within our scope of work with Project Design Team members as updates become available. 3.7 Project Meeting#7 (SITE/CLIENT) • Attend Parks and Planning and City Council meetings to present concept plans and project information, and obtain final approval. Phase 3.0 Deliverables 3.1 Develop final conceptual design. 3.3 Final cost estimate. 3.4 Prepare a construction schedule. 3.5 Materials Research C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Provide meeting rooms and facilitate public meetings with consultant. 2. Provide pertinent data, guidelines and plans relating to the project site. D. WORK PROGRAM/PROJECT SCHEDULE: See Attachment #1 to Exhibit "A" . ATTACHMENT # 1 TO EXHIBIT "A " i Proposed Project Schedule Worthy Community Skate Park Huntington Beach, CA ID Task Name Duration Start Finish !November !December :January B— B B 1 PHASE1.0 PROGRAMMING&CONCEPTUAL DESIGN 6 days' Mon 11/9/09 Mon 11/16/09 --'' 2 1.1 Project Kick-Off Meeting#1 1 day Mon 11/9/09 Mon 11/9/091 s 3 1.2 Data Collection 2 days Tue 11/10/09 Wed 11/11/09' r� a 1.3 Skate Park Flow&Skill Level Diagrams 2 days Thu 11/12/09 Fri 11/13/09 5 1.4 Final Scope of Services and Project Schedule 1 day Mon 11/16/09 Mon 11/16/09 }� 6 Milestone-Phase 1.0 Complete 0 days Mon 11/16/09 Mon 11/16/09, o- 11116 7 PHASE 2.0 CONCEPTUAL DESIGN 31 days Tue 11/17/09 Tue 12/29/09; ---T'— — -"`— 8 2.1 Project Meeting#2&Public Meeting#1 1 day Tue 11/17/09 Tue 11/17/09; 9 2.2 Develop Project Specific Web-Site 5 days Wed 11/18/09 Tue 11/24/09; 10 2.3 Project Meeting#3&Public Workshop#2 1 day Wed 11/25/09 Wed 11/25/09 11 2A Project Specific Skate Park Website 5 days Thu l l/26/09 Wed 12/2/09 12 '� 2.5 Data Collection 3 days Thu 12/3109 Mon 12/7/09; — � 13 2.6 Skate Park Conceptual Layout Plans 5 days Tue 12/8/09 Mon 12/14/09 -'b is 2.7 Preliminary Skate Park Cost Estimates 1 day Tue 12/15/09 Tue 12/15/09 i 2.8 Project Meeting#4 5 days Wed 12/16/09 Tue 12/22/091 V -f Milestone-Phase 2.0 Complete 0 days Tue 12/29/09 Tue 12/29/09 16 2.9 Project Meeting#5 5 days Wed 12/ 9 Tue 12/29/09 — - y p`�121zs 17 , 18 PHASE 3.0 FINAL CONCEPTUAL DESIGN 19 days Wed 12/30/09 Mon 1/25H0 p Y 19 3.1 Skate Park Conceptual Layout Plans 1 day Wed 12/30/09 Wed 12/30/09 20 3.2 Project Meeting#6 3 days Thu 12/31/09 Mon 1/4/10 b11 21 3.3 Final Skate Park Cost Estimate 3 days Tue 1/5/10 Thu 1/7/10: r------V 22 3.4 Final Skate Park Construction Schedule 3 days Fri 1/8/10 Tue 1/12/10� 23 3.5 Materials Research 3 days Wed 1/13/10 Fri 1/15/10 24 Imo_, 3.6 Prepare Base Information 3 days Mon 1/18/10 Wed 1/20/10 - 25 3.7 Project Meeting#7 3 days Thu 1/21/10 Mon 1/25/10 -= 26 Milestone-Phase 3.0 Complete 0 days Mon 1/25/10 Mon 1/25/10. .� 1125 _ I I i Task [�'_. __.) Summary " — —""`" Rolled Up Progress .— Project Summary Progress --`- ----- Rolled UP Task — -- _.� '. �.._.__.._ J Split Group By Summary Milestone Rolled Up Milestone < External Tasks ATTACHMENT #1 TO EXHIBIT "A" EXHIBIT "B" 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: See Attachment #1 to Exhibit "B" . B. Travel Charges for time during travel are not reimbursable. C. Billiniz 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 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 project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to 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. 4. 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 1 Exhibit B brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. 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. 2 Exhibit B ATTACHMENT #1 TO EXHIBIT "B" design group ine HOURLY RATE SCHEDULE Effective January 2009 through December 2009 HOURLY RATES Example of Direct Costs are as follows: Principal $175 O Flights (based on coach fare rates) Car Rental (based on economy car rate and Project Manager $150 includes all applicable taxes, fees, insurance and fuel charges) Landscape Architect $135 ® Accommodations (not to exceed $125/night) Project Planner $125 ° Mileage(paid at$0.60/mi) 1 C Meals ($40.00/per diem, per person) Construction Observation $100 ® Parking Fees (airport, garage, &/or metered) a Tolls Park Designer $95 O Printing/Duplicating/Plotting/Blueprinting o Phone/Fax Graphics/Web Designer $85 a Messenger ® Postage/Federal Express Cad Operator II $65 • Graphics ® Photographs Administrative Assistant $55 O Models SALES TAX Fees associated with this project do not include sales tax in those states where sales tax applies to professional services or gross receipts. The amount of applicable sales tax,if any,is additive to gross charges. IN-HOUSE PRINTING/DUPLICATINGIPLOTTING** BfW Plotting Xerographic Services -24"x 36"bond $4.00 ea 8Yz x 11 Single Sided B/W $0.15 ea -24"x 36"vellum $5.50 ea -8%x 11 Single Sided Color $1.25 ea -24"x 36"mylar $8.50 ea -11 x 17 Single Sided B/W $0.20 ea -30"x 42"bond $5.00 ea 11 x 17 Single Sided Color $2.50 ea -30"x 42"vellum $8.00 ea -30"x 42"mylar $11.50 ea Virtual File Room Pricing CD-Rom Burning $12.00 ea Color Plotting Zip Disk Creation $22.00 ea -color plots on Bond $8.00/sf -Bindery Services $45.00/hour -color plots on coated paper $12.00/sf -color plots on photo paper $14.00/sf "* Most printing,plotting and duplicating will be done in house. All out of house printing and duplicating expenses done in the interest of a project will be billed to the client as outlined in the project agreement. ATTACHMENT #1 TO EXHIBIT "B" ACORD' DATE(MM/DDYYYY) CERTIFICATE OF LIABILITY INSURANCE 1 2/0 3120 09 PRODUCER Phone: (480)368-1800 Fax: (480)368-1702 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SOUTHWEST PROFESSIONAL INSURANCE CONSULTANTS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8114 E CACTUS RD#210 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SCOTTSDALE AZ 85260 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Insurance Group SITE DESIGN GROUP INSURER B: Hartford Insurance Company of Midwest 527 N.HWY 101 STE.E INSURER C: ACE American Insurance Company SOLANA BEACH CA 92075 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. INSR ADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS - - LTR INSR DATE MM/DDlYY DATE MM/DDlYY GENERAL LIABILITY 59SBAVK4422 01/24/09 01/24/10 EACH OCCURRENCE $ 2 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 1,000,000 PREMISES(Ea occurence) CLAIMS MADEQ OCCUR MED.EXP(Any one person) $ 10,000 A PERSONAL 8 ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 PRO- POLICY LOC $ AUTOMOBILE LIABILITY 59SBAVK4422 01/24/09 01/24/10 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 2,000,000 ALL OWNED AUTOS AZILED��'' ro FO BODILY INJURY SCHEDULED AUTOS (Per person) $ A X HIRED AUTOS �+ p k J £�R �G1 T C1 M ///,,,yyy BODILY INJURY $ 0 X NON-OWNED AUTOS f'�w��JlTllll �� (Per accident) PROPERTY DAMAGE $ 0 (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ _2AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY 59SBAVK4422 01/24/09 01/24/10 EACH OCCURRENCE $ 1,000,000 OCCUR ❑CLAIMS MADE AGGREGATE $ 1,000,000 A $ DEDUCTIBLE $ X RETENTION$ 10,000 $ WORKERS COMPENSATION AND - 59WECIY1204 05/20/09 05/20/10 TyORYLIMITS OTHER EMPLOYERS'LIABILITY YIN B ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 t yes,describe under 1,000,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER Professional Liability G23638149003 09/21/09 09/21/10 Per Claim $1,000,000 C Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability-Claims Made-Retroactive Date 09/21/99 Project:Worthy Community Skate Park CERTIFICATE HOLDER CANCELLATION City of Huntington Beach,CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 2000 Main Street EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO Huntington Beach,CA 92648-2702 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS mloadsman@surfcity-hb.org AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Attention: Ma Loadsman ACORD 25(2009/01) Certificate# 1078 ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01) Certificate#1078 t CITY OF HUNTINGTN BEACH q . Professional Service Approval Form PART II Date: 11/24/2009 Project Manager: David Dominguez Requested by Name if different from Project Manager: David Dominguez 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 & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant:Site Design, Inc. 2) Contract Number: CMS (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 10,000.00 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. -//) Z'- Director of Finance (or designee) Signature Worthy Skate Park Design Proposals Received Top 6 firms Contact Tele6hone • - Site Design Group, Inc. 858 345-1028 Community Works Design Group 951 369-0700 Wally Hollyday Design 949 510-1515 Mia Lehrer& Associates 213 384-3844 LANDlnc. 949 309-2802 Wormhoudt, Inc. 831 426-8424