HomeMy WebLinkAboutNUVIS LANDSCAPE ARCHITECTURE & PLANNING - 2007-01-02Council/Agency Meeting Held: / — /9 - A6
Deferred/Continued to:
�iAp roved ondi io a ly rov d ❑Denied
City erk' ignatur
Council Meeting Date: 1/19/2010
Department ID Number: CS 10-002
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUN MEMBERS
SUBMITTED BY: FRED A. WILSON, CITY ADMINISTRA /
PREPARED BY: JIM B. ENGLE, DIRECTOR OF COMM ITY SERVIC G�
SUBJECT: Approve Amendment No. 1 to Agreement with Nuvis La scape
Architecture & Planning
Fstatement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: An amendment to the Professional Services Agreement with Nuvis
Landscape Architecture & Planning is required to extend the contract time and add additional
compensation in order to complete professional services for Edison Youth Sports Complex
Reconfiguration Phase I,
Funding Source: Funding is available in Park Acquisition and Development (PA&D)
Fund, Account 20945001.69365.
Recommended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement
between the City of Huntington Beach and Nuvis Landscape Architecture & Planning.
Alternative Action(s):
Do not execute the agreement and direct staff on how to proceed.
Analysis:
In 2006, proposals for professional design/ landscape architectural services were requested
and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. The
City Council authorized professional services agreements with three firms, including Nuvis
Landscape Architecture & Planning.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 1/19/2010 DEPARTMENT ID NUMBER: CS 10-002
City Council approved the Park Strategy and Fee Nexus Study in 2001, which included a
Youth Sports Complex Reconfiguration at Edison Community Park. Nuvis has been working
on plans and specifications for the phases of the project, as well as construction of Phase I,
which will include lighted playing fields, parking and turnaround access, bocce ball court,
practice fields, and possibly a neighborhood skate park.
Funding was to be provided by Proposition 40 funds; however, the project was put on hold in
FY 2008/2009 due to State bond funds being frozen. The State of California has recently
released the funding and we are now prepared to move forward with Phase I of the project.
Actual costs were estimated based upon preparation of plans and specifications, and at this
time an additional $49,000 is requested to be added to the original contract amount of
$250,000, for a new total contract amount with Nuvis of $299,000.
The current contract with Nuvis Landscape Architecture & Planning terminates in January
2010. The work is not yet complete, due to State funds being delayed. Funds are currently
budgeted and are available to complete the project. Approval of Amendment No. 1 to
Agreement between the City of Huntington Beach and Nuvis is proposed to provide
continuity and insure completion of the project.
Strategic Plan Goal: Maintain, improve and obtain funding for public improvements.
Environmental Status: Not applicable for this action.
Attachment(s):
I1. I Amendment No. 1 to Agreement between the City of Huntington Beach
l and Nuvis Landscape Architecture & Planning
-2- 1/4/2010 7:50 AM
ATTACHMENT I
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND
NUVIS LANDSCAPE ARCHITECTURE & PLANNING
FOR LANDSCAPE ARCHITECTURAL SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City",
and NUVIS LANDSCAPE ARCHITECTURE & PLANNING, a California corporation,
hereinafter referred to as Consultant.
WHEREAS, City and Consultant are parties to that certain agreement, dated January 2,
2007, entitled "Professional Services Contract Between the City of Huntington Beach and Nuvis
Landscape Architecture & Planning for Landscape Architectural Services" which agreement
shall hereinafter be referred to as the "Original Agreement," and
Since the execution of the Original Agreement, City and Consultant desire to extend the
term and to provide additional compensation therefor; and
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. TERM; TIME OF PERFORMANCE
Paragraph 3 of the Original Agreement is hereby amended to extend the term of
the agreement one additional year. The Agreement shall expire on January 2, 2011.
2. ADDITIONAL COMPENSATION
In consideration of the performance of the services described herein and the
extended time of performance, City agrees to pay Consultant on a time and materials basis at the
rates specified in the Original Agreement, anadditional sum not to exceed Forty Nine Thousand
Dollars ($49,000.00). This additional sum shall be added to the original amount of Two
Hundred Fifty Thousand Dollars ($250,000) for a new total contract amount of Two Hundred
Ninety -Nine Thousand Dollars ($299,000.00).
09-2289/42130 1
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers !S. 9 U-194y Z9
NUVIS LANDSCAPE ARCHITECTURE &
PLANNING
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Officer sst. Secretary - Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
INITIATED AND APPROVED:
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REVIEW /A)�D APPROVED: APPROVED AS TO FORM:
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09-2289/42130 2
INITIATING DEPARTMENT: Community Services
SUBJECT: Approve Amendment No. 1 to Agreement with Nuvis
Landscape Architecture & Planning
COUNCIL MEETING DATE: January 19, 2010
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
❑
Not Applicable
Contract/Agreement (w/exhibits if applicable)
Attached
(Signed in full by the City Attorney)
Not Applicable
❑
Subleases, Third Party Agreements, etc.
Attached
❑
(Approved as to form by City Attorne)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000)
Attached
❑
Not Applicable
Bonds (If applicable)
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
❑
Not Applicable
EXPLANATION FOR MISSING ATTACHM15NTS'
REVIE1At gelE
RETURNED ;
FOR , A DED
Administrative Staff
(
)
Deputy City Administrat r Initi I -
(
( )
City Administrator Initial oNe
( )
)
City Clerk
RCA Author: Brunson
City ®f Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
January 21, 2010
NUVIS Landscape Architecture and Planning
3151 Airway Avenue
Suite J-3
Costa Mesa, CA 92626-4624
To Whom It May Concern:
Enclosed for your records is a copy of the Amendment No. 1 to the Agreement between
the City of Huntington Beach and NUVIS Landscape Architecture and Planning for
landscape architectural services.
JF:pe
Enclosure
G:followup:agrmtltr
Sister Cities: Anjo, Japan ® Waitakere, New Zealand
(Telephone: 714-536-5227 )
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Council/Agency Meeting Held: ZZAt
Deferred/Continued to:
AAppr ved ❑ Conditionally Approved ❑ Denied
4,V_,4 )°C4 y erk's gnature
Council Meeting Date: 1/2/2007
Departme Number: CS07-002
CITY OF HUNTINGTONBEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND C!TY COUNCIL MEMBERS -
SUBMITTED BY: PEN OPE LBH FT, A, CITY ADMIN RATOR
PREPARED BY: JIM B. ENGLE, DIRECTOR OF COMMUNITY SE S
SUBJECT: PROFESSIONAL SERVICES CONTRACTS FOR A DSCAPE
ARCHITECT 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,
Redevelopment Agency Fund 305, and Community Development Block Grant Funds- 857
and 867 in FY 2006/2007 for capital improvement projects. Additional funds will be budgeted
in, future years' budgets for the multi -year contracts. (FY06/07 examples: Edison Park
#20945101; Blufftop Restrooms #30585201; Gun Range Remedial Action Plan #20945102;
LeBard Park #20945101; Pier Buildings #30585201; Visitor's Kiosk #30585201; Wardlow
Park #20945101).
Recommended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute professional services contracts
with three qualified landscape architect firms (David Volz Design, NUViS Landscape
Architecture & Planning and RJM Design Group, Inc.) for as -needed landscape architectural
services for an amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000) each
over a; three-year term.
Alternative Action:
Do not authorize the contracts and advise staff how to proceed.
---�
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 1/2/2007 DEPARTMENT 1D NUMBER: CS07-002
Analysis:
The City's Parks Acquisition and Development fund is responsible for development and
completion of capital projects at the beach, pier, parks and other city -owned recreation
facilities. The current Capital Improvement Program shows over $6,000,000 in Parks and
Beaches Development scheduled through 2010, with projects anticipated to be added
throughout the term.
Proposals for Landscape Architecture Services 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 coastalzones, including new development, refurbishing, building design, and
environmental cleanup. Public Works, Community Services, and Purchasing were involved
in the selection of these professional services consultants. The contracts allow for a three-
year contract term with a total budget not to exceed $250,000 for each vendor.; This will
allow use of each vendor's area of expertise and availability to be utilized as needed for
scheduled and upcoming projects. Funding sources will be the project accounts, using the
City Council approved Capital Improvement Project budget.
In general, the scope of work for 'landscape architecture_ firms may involve all phases of a
development project. The following scope of work identifies the typical services' provided
throughout a project.
Preliminary Plans and Design
Prepare alternative preliminary layouts, surveying, architectural services, and estimates
of probable cost for alternatives, and prepare details and calculations. Present
alternatives,, as needed at staff and/or City Council meetings, and provide
recommendations and analyses of the advantages of each alternative.
Entitlements/Permits
As a primary consultant, assist the city in obtaining entitlements and approvals from
applicable agencies for environmental and/or other permits as may be required.
Construction Documents
Prepare designs, plans, specifications, cost estimates and contract bidding documents.
Bidding Processes
Assist the city in answering bidders' questions, attend pre -bid conferences and job
walks, prepare addenda, analyze bids and recommend award.
Construction Processes
Attend pre -construction conference. Monitor construction schedule, visit construction
site as required for progress and quality of work. Assist the contract manager,
contractor and inspector with interpretation of the plans and specifications, analysis of
changed conditions, development of corrective action, review of shop drawings and
-2- 12/20/2006'9:48 AM
REQUEST FOR CITY COUNCIL_ ACTION
MEETING DATE: 1/2/2007 DEPARTMENT 1D NUMBER: CS07-002
other submittals, and the review and negotiation of change orders, Prepare "as -built"
drawings.
In addition to the services listed above, through the use of sub -consultants or in-house
personnel, landscape architect firms may be required to perform environmental
assessments, civil and soils engineering and building architecture.
Given the breadth of services required, it is customary to have available more than one
qualified landscape architecture firm to provide specific areas of expertise and to
accommodate scheduling issues. Each consultant, as part of its submittal package,
provided a list of hourly rates for the various members of its consultant team, i.e., associate
engineer, principal engineer, etc., so that the city can confirm that these rates are
reasonable and customary. The city then has the option of selecting one of these firms to
consult on a project.
The attached contracts are necessary to go forward` with FY06/07 capital projects as
approved by City Council. Progress on the current projects is contingent upon approval of
these professional services contracts. Examples of past city projects which have utilized
landscape architecture firms as lead consultants include;
• Pier Plaza
• South Beach, Phases l and 11
• Huntington Central Park Sports Complex
• Murdy Park Youth Sports Complex, Phase l
Community Services related .projects on the currently approved Capital Improvement
Program that will require landscape architectural services include:
• Edison Sports Complex, Phase I
• Le Bard Park, Phase 11
• Tot Lot Resurfacing
• Wardlow Park Reconfiguration
Environmental Status: Not applicable.
Attachment(s):
-3-
12/20/2006 9:48 AM;
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
NUVIS LANDSCAPE ARCHITECTURE & PLANNING
FOR
LANDSCAPE ARCHITECTURAL SERVICES
Table of Contents
1
Scope of Services...................................................................................................1
2
City Staff Assistance............................................................................................2
3
Term; Time of Performance................:...............................................................2
4
Compensation.......................................................................................................2
5
Extra Work............................................................................................_...........2
6
Method of Payment..............................................................................................3
7
Disposition of Plans, Estimates and Other Documents..........:.............................3
8
Hold Harmless.:....................................................................................................3
9
Professional Liability Insurance...........................................................................4
10
Certificate of Insurance.............:..........................................................................5
11
Independent Contractor.....................................................................................6
12
Termination of Agreement.................................................................................6
13
Assignment and Delegation..................................................................................6
14
Copyrights/Patents.................................................................................................7
15
City Employees and Officials...........................................................................7
16
Notices........ ..... ........ ......... ........... ...................7
17
Consent ..............................................................................................................8
18
Modification................................................................................................:.........8
19
Section Headings .............................. .....8
20
Interpretation of this Agreement............................................................................8
21
Duplicate Original................................................................................................9
22
Immigration..........................................................................................................9
23
Legal Services Subcontracting Prohibited...............................................................9
24
Attorney's Fees.................................................................................... ...................10
25
Survival................................................................._...............................................10
26
Governing Law........................................._........................................................10
27
Entirety..................................................................................................................10
06-332/2827
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
NUVIS LANDSCAPE ARCHITECTURE & PLANNING
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 NUVIS Landscape Architecture & Planning, a California corporation, hereinafter
referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide on -call
landscape architectural services; and
Pursuant to documentation on file in the, office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services shall
sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Leslee Temple, who shall represent it and be
its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
06-332/2827 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 Q , 20� (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed by
the deadlines assigned on the Commencement Date of this Agreement. The time for
performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A."
This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by
CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B,"
which is attached hereto and incorporated by reference into this Agreement, a fee, including all
costs and expenses, not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A, CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation for such
extra work shall be allowed only if the prior written approval of CITY is obtained.
06-332/2827 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 do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
06-332/2827 3
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One Million
Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance
shall not contain a self -insured retention, "deductible" or any other similar form of limitation on
the required coverage 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 evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
06-332/2827 4
B. state that the policy is currently in force; and
C. promise that such policy shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days'
prior written notice; however, ten (10) days' prior written notice in the
event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in
this Agreement. CITY or its representative shall at all times have the right to demand the
originalora copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely
manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONSULTANT and its officers, agents and
employees and all business licenses, if any, in connection with the PROJECT and/or the services
to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or without
06-332/2827
5
cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement
by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as
provided herein. In the event of termination, all finished and unfinished documents, exhibits,
report, and evidence shall, at the option of CITY, become its property and shall be promptly
delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without
the prior express written consent of CITY. If an assignment, delegation or subcontract is
approved, all approved assignees, delegates and subconsultants must satisfy the insurance
requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of the applicable provisions of the California`
Government Code,
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either
by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to
CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage
06-332/2827 6
prepaid, and depositing the same in the United States Postal Service, to the addresses specified
below. CITY and CONSULTANT may designate different addresses to which subsequent
notices, certificates or other communications will be sent by notifying the other party via
personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested:
TO CITY: TO CONSULTANT:
City of Huntington Beach NUVIS Landscape Architecture & Planning
ATTN: David Dominguez 3151 Airway Avenue, Suite J-3
2000 Main Street Costa Mesa, CA 92626 `f6
Huntington Beach, CA 92648
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to
any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings,and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and are
included solely for convenience of reference only and are not representative of matters included
or excluded from such provisions, and do not interpret, define, limit or describe, or construe the
intent of the parties or affect the construction or interpretation of any provision of this
Agreement.
06-332/2827 7
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed
dependent upon any other unlessso 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
contraryto which the parties have no right to contract, then the latter shall prevail, and the
provision of this Agreement which is hereby affected shall be curtailed and limited only to the
extent necessary to bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of
the date of its execution and delivery, be deemed an original. Each duplicate original shall be
deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of the United States Code regarding employment verification.
06-332/2827 8
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
24. ATTORNEY' S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall
bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its
attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
06-332/2827 9
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 Agreement to be executed
by and through their authorized officers on 0
NUVIS LANDSCAPE ARCHITECTURE & CITY OF HUNTINGTON BEACH,
PLANNING, a California Corporation a municipal corporation of the State of California
B
printname R Cardoza, FASLA ayor
ITS: (circle one) Chairman/ residen ice President
AND
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print name t
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Officer/Asst. Secretary — Treasurer
City Atta y M,✓ - ta•h,a,Q�
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REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator
irector of Commu t Services
06-332/2827 10
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PROPOSED APPROACH
This section presents a general overview and basic philosophy and approach that would be performed by the NUVIS
recreation planning and design team in performing the requested appropriate professional services for preliminary plans and
design, entitlements/permits, preparation of construction documents, and services during the bid process and construction
during the term of five-year contract for as -needed landscape architectural professional services.
PROJECT ORIENTATION & COORDINATION
The initial step in the preparation of documents would be to meet with the City's designated Project Manager and
appropriate inter -departmental representatives for the purpose of:
understanding the expectations anticipated,
developing a clear definition of design criteria and program objectives, and
- refining a detailed project schedule.
We believe the key to the success of these anticipated projects is effective and thorough communication between the City
and design team to identify and resolve issues, thus allowing the necessary services to proceed quickly and efficiently. We
understand that our responsibilities include not only answering the questions, but facilitating the process by determining
what appropriate questions should be asked.
This task includes coordination and interface including, but not limited to, meetings, telephone conversations, memos,
faxes, voice mail, and email with community stakeholders, applicable governmental agencies' departments, and project
design team. Initially, the meetings will establish the guidelines and specific criteria to direct the team's efforts. Thereafter,
these meetings will provide a continuum to receive information, clarify input, inform staff of progress and direction, generate
information and allow the City the opportunity to review and comment on draft concepts and recommenglations. These
' concerns, needs or alterations will be addressed expeditiously, thereby keeping the progress of the work at a maximum.
Meetings will be attended by the Project Principal and/or Project Manager, and applicable subconsultants who will be
directly responsible for execution of the design documents.
PROJECT MANAGEMENT
NUVIS will approach these anticipated projects through practical analysis of the unique conditions associated with each
particular location and program criterion. Design solutions are then tailored to the specific situation to ensure maximum
effectiveness. Our project management process is predicated upon:
- understanding, articulating and resolving specific project issues;
establishing and following a well-defined design statement;
innovative, creative analysis and alternative idea generation; and
intensive design team collaboration.
A number of management tools will be utilized in progressing the projects including graphically presented timeline, regular
meetings, and regular progress/project status reports. Our goals will be to:
C develop an awareness of each project and City expectations;
obtain concurrence on time schedule;
- identify issues before they become problems;
review appropriately, critical issues;
- maintain communication flow with the City and subconsultants; and
- provide technical direction for individual project requirements and standards.
Regularly scheduled in-house meetings will be held with members of the NUVIS team. Schedules and technical items will
be reviewed, and remedial action will be taken as necessary to maintain adherence to an established schedule.
2
rTo further ensure consistency, every NUVIS employee is presented with an established quality control guidelines upon their
employment. These guidelines were developed to
- provide orderly procedures and standards,
improve the firm' i - p s professional practices,
- help minimize errors, and
offer competitive services.
Our process of creating recreation/leisure facilities begins with the development of a program that states the requirements.
The goal is to develop a strategic approach, provide altematives, and develop a solution that integrates existing land use to
provide for its optimum utilization.
COMPILATION OF INFORMATIONIPROGRAM DEFINITION/ ►CITY's RESPONSIBILITIES
City shall designate a representative, from appropriate departments, authorized to act in the City's behalf with respect to the
project. The City shall also fumish NUVIS with all necessary reference data, which includes, but is not limited to the
following:`
- accurate and current aerial photo topography and boundary survey information;
- accurate and currentlproposed infrastructure, service and utility plans;
- record maps and street improvements;
- accurate reference data;
funding limitations and phasing requirements;
- project requirements including program, constraints, and criteria;
- prompt notification in writing of architectural, engineering, or site changes;
as-builts, where appropriate, for coordination with existing facilities; and
- historical or other pertinent information.
' City shall furnish an aerial and topographic survey including horizontal and vertical control benchmarks, grades and lines of
streets, pavements and adjoining properties, right-of-way, restrictions, easements, boundaries, contours, other
improvements, and trees:
City shall be responsible for review of documents submitted and render decisions pertaining thereto in a reasonably prompt
manner, so as to avoid unreasonable delay in the orderly progress of services.
City shall be responsible for all plan check fees and building permits; review of documents submitted and render decisions
pertaining thereto in a reasonably prompt manner, so as to avoid unreasonable delay in the orderly progress of services.
The City shall pay for all costs associated with printing or advertising the project for construction bids.
The City shall perform bid administration duties, including but not limited to, advertising forbid, preparing addenda,
receiving and awarding the construction contract documents.
The City shall perform construction administration/management responsibilities, including but not limited to, the preparation,
approval, issuance of Certificates of Payment, Change Orders, and Final Notices, and providing daily construction
inspection of the project. This work shall be in addition to the observation services provided by the consultant.
The City shall provide daily construction inspection of the project and such costs will not be bomed by the consultant. This
work shall be in addition to the observation services provided by the consultant.
INITIAL REVIEW OF PHYSICAL CHARACTERISTICS AND CURRENT USE PATTERNS
This phase centers on information gathering and program definition. Part of this task will be to perform appropriate
functions such as project research through a literature search and personal interviewing with regard to applicable
regulations, attitudes and general planning/development concerns. These accumulated materials along with verbal
resource communication -from various sources enrich the design process.
3
The NUVIS team shall conduct a pre -design tour with sketchbook and digital camera to familiarize ourselves with existing
conditions and potential effect on the design solution. The tour will include the City's Project Manager and appropriate
subconsultants and inter -departmental representatives. This reconnaissance process will include:
Visually idenlyina: adjacent land uses, drainage patterns, existing infrastructure, pertinent visual characteristics,
environmental conditions, site influences, and view potentiallorientation and visual impact, and
' evaluating: impact of pedestrian, equestrian, bicycle, and vehicular circulation patterns, physical opportunities and
constraints, maintenance needs, and interrelationship with current trails and recreation facilities.
SCHEMATIC ALTERNATIVE SCENARIOS
At this stage, we will be discussing design strategy with staff and then responding initially with two or three schematic
' alternatives in plan view format. These graphic studies will depict the proposed functional and spatial relationship to each
site configuration:
creating an imaginative program capitalizing on positive features,
- providing maximum enjoyment for users,
- alternative sites for displaced activities,
- analyzing property protection and emergency response, and
- compatibility with maintenance procedures and schedules.
PRELIMINARY PLANS and DESIGN
Once a schematic alternative is mutually agreed upon, this stage involves refining and delineating that alternative into one
(1) succinct preliminary plan.
A strategy meeting will be held with City personnel to review input and establish direction. A draft preliminary plan will be
prepared and accompanied by refined thumbnail sketches or illustrative elevations/cross sections supporting the
recommendations. The plan would graphically illustrate the various land use elements and detail the landscape treatment
including:
- physical opportunities and limitations;
impact on pedestrian and vehicular circulation patterns;
visual and physical security measures;
- compliance with California Title 24, ADA 1990 and Department of Interior's resign Guide forAccessible
Outdoor Recreation, CPSC Guidelines, and the JuV 1994 ATBCB Recreation Access Advisory
Committee Recommendations for Accessibility Guidelines: Recreational Facifrties and Outdoor
Developed Areas;
integration of proposed elements to immediate surroundings;
thematic concepts for site amenities; and
- long term ease of maintenance.
The refined preliminary drawing will be prepared as presentation quality, color renderings at an appropriate scale for viewing
from a comfortable distance, accompanied by reduced versions of the drawings. Prior to the "final round" and presentation
a statement of probable construction will be prepared to monitor the effect on the budget.
ENTITLEMENTSIRERMITS
Although the City is responsible for the payment of all plan check fees and building permits, the NUVIS team shall assist the
City as requested in obtaining entitlements and approvals from applicable agencies for environmental and/or other permits
as may be required: -
i CONSTRUCTION DOCUMENTS
The first step in the preparation of construction documents involves consolidating explicit information into an accurate "base
4
�I
sheet." It is our recommendation to submit this "base sheet" through the review process. We have found that approval of
the base sheet at this stage has prevented major design alterations once construction documents are underway.
Plans shall be submitted to the City a the preliminary engineering, sixty percent (60%), ninety percent (90%), and final
document stages for review and comment prior to the submittal of the construction documents.
Preparation of construction documents formulates the projected elements into one (1) set of working drawings on 30" x 42"
sheets in AutoCAD 2004 at an appropriate scale and specifications book conforming to the City standard construction
methods, the Standard Specification for Public Works Construction and applicable County, State, and Federal regulations
and codes (i.e., CPSC, ADAAG and DO1). They may include but not limited to:
titre sheet/vicinity map;
- referenced standard drawings;
utility notifications;
earthwork/grading delineating contours and significant spot elevations defining the vertical alignment,
accompanied by cut/fill calculations;
drainage plans showing area drains, catch basins, and connections to the underground storm drain system;
general site construction/layout plan depicting horizontal alignment utilizing the grid/coordinate and stationing
systems and detail references;
- irrigation plans which illustrate pipe sizes, heads, valves, clock locations and points of connection;
planting plans which illustrate size, location, and species;
architectural plans;
electrical plans depicting panel schedule, single line diagrams, and load calculations
- appropriate notes and development details (with structural calculations); and
- technical specifications.
The final documents will be submitted with a statement of probable construction costs relative to the bid item quantities for
formal plan check by the City and applicable governing agencies. Prior to Notice of Bid, one -set of reproducible documents
and specifications books will be submitted. Digital copies of the construction documents in AutoCAD 2004 and of the
specifications in Word 2000 will also be provided.
BID PROCESS ASSISTANCE
It is our understanding that the City will perform bid administration duties, including but not limited to; advertising for bid,
preparing addenda, receiving and awarding construction bid.
Although the City administrates the bid process, the NUVIS team is available for interpretation of plans and specifications;
submitting information for addenda, reviewing bid proposals and assisting with the awarding of the construction contract.
CONSTRUCTIONIFIELD OBSERVATION
Performance of field observation during construction establishes standards of acceptability. Duties would include but not
limited to:
- attendance at pre -construction conference;
- respond`to questions and interpret plans and specifications;
assisting in determining and processing change orders;
- attendance at periodic site visits as mutually agreed with Cty;
review of shop drawings, samples and other submissions;
- field selection of plant material; or
- participation in preliminary and final checklist preparation.
As requested by City, NUVIS will visit the site at intervals appropriate to the stage 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 the work.
�I
5
There is no warranty or guarantee either expressed or implied by NUVIS for the completion of work or the quality of
performance by the construction contractor(s) or the product(s) installed.
NUVIS is not responsible for construction means, methods, techniques, sequences or procedures, or for safetyprecautions
and programs in connection with the work, since these are solely the Contractor's responsibility. NUVIS is not responsible
for the Contractor's failure to carry out the work in accordance with the construction contract documents, nor responsible for
acts or omissions of the Contractor, subcontractors, or their agents or employees, or of any other persons performing
portions of the work.
TEAM ORGANIZATION
Recognizing that multiple projects could be assigned simultaneously, NUVIS is not only ready and willing to coordinate such
collaboration, but have put together multi -disciplinary team with the knowledge, creative skills, and confidence such that
similar assignments would not be burdensome on any one individual or groups with a particular skill nor prevent each
assignment from being completed on time and within budget. NUVIS has a reputation for individualized landscape
architecture design and client responsiveness.
Careful consideration of the parameters of potential projects has directed the constitution of a proposed team of
subconsultants. This team of subconsultants is part of the NUVIS network and many have worked together on similar
projects for several years. Besides those disciplines and firms submitted herewith, our network includes, but is not limited to
graphic artists, economic consultants, traffic engineers, interpretative or environmental/outdoor education specialists,
historians, and agricultural suitability laboratories.
This multidisciplinary landscape architectural team represents talented professionals with diverse park and recreation
facility and urban planning experiences capable of fostering a participatory approach to providing the anticipated
professional services. The consortium of professionals, presented herein, represent strong network of conscientious
individuals whose primary goat in developing solutions is in translating technical expertise into creative and sensitive
planning for functional public spaces in often sensitive environments. NUVIS' goal is to integrate and orchestrate our
subconsultants such that the project evolves from a "seamless" team effort.
NUVIS....... ........ ......... .................. ....................... ......... .......... Landscape Architect, Contract Administrator
CD Design Group ........
9 P ......... .......... ........ ...................... ...................... .................. Electrical Engineering
ECORP Consultants........... ....................... ......... ......... `......... ......... ..................Environmental
Civil Works Engineering ....... ........ ......... ......................... . ...... ........ ................ .............Civil Engineering
Sweeney+ Associates ................. ......... .......... ........ ......... ...................... ......................Irrigation Design
AESCO.... ......... ......... ......... ................... ......... ......... .. ,...... .... ..Geotechnical Engineers
Arcon ......... ......... ......... ........ ..................... ......... .......... ......... ................ Structural Engineers
Dougherty + Dougherty ...... .................................................. ......... ,........ ......... ......... .........Architecture
See Organizational Chart herewith for graphical depiction of proposed team.
6
SCHEDULE OF NUVIS HOURLY RATES
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
Senior Principal $135.001hour
Principal 115.00mour
Senior Associate 100.001hour
Associate 85.00/hour
CADD Technician I 75.00/hour
CADD Technician II 65.00/hour
Draftperson 55.00/hour
Administrative 60.00/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),smaii or mid -size rental car
AA other costs incurred at 1.15 multiple of actual cost:
Courier delivery service, facsimile, photography, postage/shipping/ovemight delivery, printing/reproduction, plotting,
blueprints, special insurance coverage, and subconsultants.
Subconsultant'Schedules of Hourly Rates' available upon request
I
I
V
i
13
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:
Senior Principal $135.00/hour
Principal $115,00/hour
Senior Associate $100.00/hour
Associate $85.00/hour
CADD Technician I $75.00/hour
CADD Technician II $65.00/hour
Draftperson $55.00/hour
Administrative $60.00/hour
B. Travel
1 Charges for time during travel are not reimbursable
2. Automobile expenses are limited to the IRS standard business mileage rate of $0.445.
C. Billing
I . All billing shall be done monthly in one -tenth -hour (0.10) increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who performed it.
Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time
spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable
unless that is an accurate measure of time spent.
2. Each month's bill should include a total to date. That total should provide, at a glance, the total
fees and costs incurred to date for the case or matter.
3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service
bills/costs should accompany the billing for each single item that exceeds Seventy -Five Dollars
($75.00). The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents
($0.25) per page. CITY will not pay a fee or charge for telephone calls or facsimiles to CITY.
Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0.10) per
page, whichever is less.
4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial
tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent
for faxing, mailing, arranging for messengers and calendaring are not acceptable charges.
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.
1
Exhibit B
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.
2
Exhibit B
City of Huntington Beach
HUNrmcTON BE,eF, 2000 Main Street California 92648
Insurance Requirements/Encroachment Permit Applicants and Contractual Services
Please give these requirements to your insurance agency
City Resolution 97-20 requires that licensees, lessees and vendors have an approved Certificate of
Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract.
Receipt of an insurance certificate does not satisfy our insurance requirements that vary for private or
public property, for city contract or simply encroachment permits as well as consultant services.
Inasmuch as thetypical approval process timeline varies from several days or more, it is strongly
recommended that you have certificate(s) submitted at least one week, if not two, prior to your event. `
A certificate is the only acceptable insurance proof media (not a declaration, statement or policy). An
original certificate is required or, if it is fax'd, it must come'' directly from your insurance
company/agent to Risk Management (fax 714/536-5212).
➢ Private Property Work Permit Requirements. —If the planned work does not involve public
property or its right-of-way (e.g., sidewalk/street or abutment to same), the Workers' Compensation
Certificate is the only insurance requirement. However, if the work abuts to public property, the City
Attorney's Office must be informed for consideration of liability and decides whether or not to approve
the certificate with a specific Private Properly On/yapproval stamp.
➢ Encroachment (City/Public Property) Permit Requirements. —General Liability and
Workers' Compensation are required (see General Liability Insurance Certificate below).
➢ Consultant Services. ---Professional liability Insurance Certificate is required (i.e., legal,
architectural, etc.) in addition to a General Liability Insurance Certificate and Workers' Compensation
Insurance Certificate.
General Liability Insurance Certificate of >_$1,000,000 combined single limit/per occurrence
Additional Insured Endorsement must name the City of Huntington Beach, its agents, officers
and employees as additionally insured and, when applicable, the Redevelopment Agency of the City
of Huntington Beach must also be additionally insured.
Insured definition must read as the 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. (It is not to read, "...but only with respect to liability, arising out of your
ongoing operations performed for that insured.)
Type of coverage must be "per occurrence" not "claims made". "Claims made" `designation <is only
acceptable for professional or pollution liability insurance.
A brief description of work and/or nature of busiiness,-timeframe for completion, dollar value and if
applicable, the related City department while not necessary, is highly desirable in the event that part
of the insurance requirement cannot be met and Risk Management must complete a waiver form for
that specific requirement.
➢ <Workers' Compensation Insurance Certificate of statutory amount and
If you have no employees, you must sign a Declaration of Non -employee Status form available from
the Risk Management Department. In lieu of a certificate of insurance, a certificate of Consent to
Self -Insure issued by the California Director of Industrial Relations is also acceptable.
G:\RiskMgmtlCert-Fns\Require: Doe (Rev. 3/2212006)
Professional Liability Insurance Certificate of >_of $1,000,000 (applicable for professional
services)
Type of coverage "Claims Made" designation is acceptable for professional or pollution liability
insurance.
In addition to the above, ALL CERTIFICATESMUST CONTAIN THE FOLLOWING:
Insurance Carrier Rating. —Insurance must be placed with a California -admitted carrier with a
current A.M. Best Rating of >_ A: VII
Certificate Holder. --The City of Huntington Beach (2000 Main Street, Huntington Beach, CA 92648,
Attn: Risk Management).
Deductible, Self -Insurance Retention (SIR), --The city maintain a zero deductible/SIR
requirement Any deductibles/SIRS in force must be listed on the certificate. In the event of any
deductible/SIR, the city has an insurance waiver procedure to request a waiver of the zero
requirement (see Waiver Procedure below).
30-day Cancellation Notice. --There must be a thirty (30) day notice for policy cancellation. A ten
(10) day notice for cancellation for non-payment of premiums and/or salary reporting is allowed in
combination with the required 30-day notice.
Cancellation Clause Wording. --The following wording must either be removed or lined -out (by the
insurance agent) if they appear on the certificate: "endeavor to" and "failure to mail such notice
shall impose no obligation nor liability of any kind upon the company, its agents or
representatives.
Waiver Procedure. -In lieu of meeting the City's insurance requirements, a permitee/insured can
request a waiver of a specific requirement. To do so, the permitee/insured must provide the Risk
Management Department with a brief description of the work/project (one to two sentences), the
timeframe for completion and the dollar value of the work/project. Upon receipt of this information,
Risk Management will complete and attach the waiver form to the insurance certificate and submit it
for approval (signage) to the pertinent City' Department, the Risk Manager and the City Attorney.
➢ General Contractor/Sub-contractor(s).=Both the general and their sub -contractors must
provide proof of insurance subject to the City's insurance requirements.
➢ Trucking Companies. --Per the Public Utilities Commission (PUC) regulations, you must provide
proof of Workers` Compensation Insurance and General Liability Insurance. The General Liability
Insurance requirements are $600,000 combined single limit or $250,000 bodily injuries or death of
one person and $500,000 protection against total liability for bodily injuries or death of more than one
person from any one accident. This is subject to the same $250,000 limitation` for each person and
$100,000' protection for accidental damage or destruction of property other than property being
transported. The City of Huntington Beach must be named as Certificate Holder but does not need to
be named as additional insured.
Please forward these requirements to your insurance agent/producer for their processing of your
insurance certificates. For assistance, call Christi Mendoza (phone 714/536-5252 and fax
714/536-5212).
GARiskMgmf\Cert-lns\Require. Doc (Rev. 7/21/00)
Page 2 of 2
DEC. 18. 2006.E 3:26PpJi-I en-NUV'IS,� �I.uyis N :'83i _. I 2
DATe (AIIM/DprYY)
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PRODUCER THIS CERTIFICATE 1S WSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CER71FICATE
P. ®. Box 10850 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
aatita Area, GA 92711d0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELLOW.
714 427•6810 INSURERS AFFORDING COVERAGE
INSUIRED INSURER A: United States Fidelity & Guaran
NUVl3 NSURERS. St. Paul Fire & Marine Ins. Co.
3151 Airway Avenue Suite J•3 INSURER C: Zurich American Insurance Co.
Costa Mesa, CA 9262E NSURER :):
INSURER It
COVERAGES '
THE POLICIES OF INSURANCE LISTER BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE P
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W
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Attn: Risk Mgmt. a0VCET0TH6CERnPICA7E wor.DESI+anil�aTeTH LBRT k
2000 Main Street
Huntington Reach, CA .92648 _.
AU ORIZED REPRESENTATiYE
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Policy Number: BKO1237004
Owners Lessees or Contractors (Form B)
ADDITIbNAL INSURED
Change(s) Effective: 7/21/06
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 Mgmt,_"
2000 Main Street
Huntington Beach, CA 92648
SECTION 11 - 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 agents,officers and employees
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
pgpVE� �8
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PROFESSIONAL SERVICE CONTRACTS
PURCHASING CERTIFICATION
1. Requested by: Community Services/David Dominguez
2. Date: June 6, 2006
3 Name of consultant: NUVIS
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?' 0 Yes, ❑ No
G b ; ee.-F- co eke S 6-t /I kt We /-W- t,P(0, Z S Pr'o 5 e C*% a �e GSSi7h��
7. Company number and object code where funds are budgeted:
8. is this contract generally described on the list of professional service contracts
a proved the City Council'? N Yes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) &f 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?
M 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.
ARD A DM , Manager
Pu chasing/Central Services
1 If the answer to any these questions is "No, the contract will require approval from the City Council.
Purchasing Certification - NUV1S 6/6/2006 11:41 AM
RFP for Landscape Architects
RJM Design Group, Inca
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 E1 Camino Real, Suite 120
Tustin, CA 92680
949.752.4114
Cornerstone Studios, Inc.
106 W. 4' Street— 5' Floor
Santa Ana, CA 92701
714.973.2200
Richard Fisher Associates
2001 E. 18t., Suite 160
SantaAna, CA 92705
714.245.9270
WCC Architects
10470 Foothill Blvd. Tower Suite
Rancho Cucamonga, CA 91730
Willdan
13191 Crossroads Parkway North, Suite 405
Industry, CA 91746-3497
562.908.6200
Nuvis Landscape Architecture and Planning _
3151 Airway Avenue, Suite J-3
Costa Mesa, CA 92626
714.754.7311
RFP for Landscape Architects
Page 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 9`1764
949.588.5050
Tatsumi and Partners, Inc.
I,A—a11L#OL a IJC /"►/VI/ILG�.LJ
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
h
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
s
Nuvis
12
12
12
36
David Volz Design
13
13
13
39
RJM Design Group
13
12
13
38
Richard Fisher Assoc.
12
12
11
35
Conerstone
10
10
11
31
Proposers Interview
Proposal
Totals
Ranking
Nuvis
David Volz Design
RJM Design Group
Richard Fisher Assoc.
Conerstone
267
680
947
268
735
1003
263
725
988
250
640
890
229
630
1 769
3
1
2
4
5
�. CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
January 9, 2007
NLIVIS Landscape Architecture & Planning
3151 Airway Avenue, Suite J-3
Costa Mesa, CA 92626-4624
To Whom It May Concern:
The City Council of the City of Huntington Beach at the meeting held
January2, 2007, approved execution of the Professional Services Contract Between
the City of Huntington Beach and NLIVIS Landscape Architecture& Planning for
Landscape Architectural Services.
Enclosed is a duly executed copy of the agreement for your records.
Sincerely,
Joan L. Flynn,
City Clerk
Enclosure: Agreement
JF:pe
G:foIIowup agrmtltr/CoAging/jc
(Telephone: 714-536-5227