HomeMy WebLinkAboutDavid Volz Design Landscape Architects, Inc. - 2022-01-18 vT-v'2000 Main Street,
Huntington Beach,CA
92646
_ City of Huntington Beach 7" ✓� _Q
File #: 22-030 MEETING DATE: 1/18/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
PREPARED BY: Chris Slama. Director of Community & Library Services
Subject:
Approve and authorize execution of Professional Services Contracts for On-Call Professional
Design/Landscape Architectural Services with David Volz Design, Integrated Consulting
Group, Inc., Michael Baker International, Inc., Moore lacofano Goltsman, Inc., NUVIS, and RJM
Design Group, Inc. each in an amount not to exceed $1,000,000 over a three-year term
Statement of Issue:
The Community & Library Services and Public Works Departments require professional
design/landscape architectural services on an on-call, as-needed basis for landscape design and
construction administration for capital projects and city facilities.
Financial Impact:
More than $3.5 million in park development projects are included in the FY 2021/22 Capital
Improvement Program (CIP). With additional projects anticipated to be scheduled in future years,
there is a need to approve new professional services contracts for project design, efficiency and
continuity purposes. The six recommended contracts, totaling a not-to-exceed amount of$1.0 million
each, will be funded as needed. As such, no additional funding is required for this action.
Recommended Action:
N_ Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract
Between the City of Huntington Beach and David Volz Design Landscape Architects, Inc. for As-
Needed Professional Design/Landscape Architectural Services" in an amount not to exceed $1,00
0,000 over a three-year term: and,
B) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract
Between the City of Huntington Beach and Integrated Consulting Group, Inc. for As-Needed
Professional Design/Landscape Architectural Services" in an amount not to exceed $1 ,000,000 over
a three-year term; and,
C) Approve and authorize the Mayor and City Clerk to execute Professional Services Contract
City of Huntington Beach Page 1 of 4 Printed on 1/12/2022
.,..._.F:44 Lr: :If
File #: 22-030 MEETING DATE: 1/18/2022
Between the City of Huntington Beach and Michael Baker International, Inc. for As-Needed
Professional Design/Landscape Architectural Services" in an amount not to exceed $1,000,000 over
a three-year term; and,
c D) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract
Between the City of Huntington Beach and Moore lacofano Goltsman, Inc. (MIG, Inc.) for As-Needed
Professional Design/Landscape Architectural Services" in an amount not to exceed $1,000,000 over
a three-year term; and,
E) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract
Between the City of Huntington Beach and NUVIS for As-Needed Professional Design/Landscape
Architectural Services" in an amount not to exceed $1,000,000 over a three-year term; and,
F) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract
Between the City of Huntington Beach and RJM Design Group, Inc. for As-Needed Professional
Design/Landscape Architectural Services" in an amount not to exceed $1,000,000 over a three-year
term.
Alternative Action(s):
Do not approve the recommended actions and direct staff accordingly.
Analysis:
The current FY 2021/22 Capital Improvement Program (CIP) includes over $3.5 million in Parks,
Facilities and Beach Development projects, and several projects are anticipated to be added
throughout the term of the contracts.
Proposals for Professional Design/Landscape Architecture Services were requested and submitted in
compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Thirteen proposals were
received and staff from Public Works and Community & Library Services reviewed and ranked the
submittals based on firm qualifications, experience, staffing, and project understanding and
methodology (Attachment 7).
Based on this review, staff is recommending contract awards to the following six firms: 1) David Volz
Design, 2) Integrated Consulting Group, Inc., 3) Michael Baker International, Inc., 4) Moore lacofano
Goltsman, Inc., 5) NUVIS, and 6) RJM Design Group, Inc. These professional service contracts allow
the Community & Library Services and Public Works Departments to utilize professional landscape
services in a timely manner on an on-call, as-needed basis for a wide variety of projects, including
new development, refurbishing, building design, and environmental assessment.
The contracts will also allow each vendor's area of expertise to be utilized as needed and based on
availability for scheduled and upcoming projects. Funding sources for work on various CIP projects
will be the City Council approved CIP budget. The contracts provide for a three-year contract term
with a total budget not to exceed $1,000,000 for each vendor. The $1,000,000 amount is a not-to-
City of Huntington Beach Page 2 of 4 Printed on 1/122022
p..e,eo${Leo S.a,
File #: 22-030 MEETING DATE: 1/18/2022
exceed limit only, and not a guaranteed amount. The City will issue task orders for each project
based upon the scope of services. For task orders greater than $50,000, the City will typically solicit
proposals from two or more qualified consultants.
In general, the scope of work for landscape architecture firms may involve all phases of a
development project. The following summarizes the major elements of the scope of work included in
the RFP.
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. The City shall review the construction documents at the preliminary
engineering, 60%, 90%, and final documents stages.
Landscape, Architectural, Engineering Services - Provide landscape, architectural, planning, and
design services primarily for existing City Parks, facilities, Community Centers, Clubhouses, i.e.,
tenant improvements, ADA modifications, etc., and park developments, as well as City medians and
public spaces. Prepare sketches, renderings, and materials boards providing alternative architectural
concepts, designs, and options that can be applied to project requirements. Prepare construction
drawings for bidding and archival purposes, as well as technical specifications for materials and
methods.
Technical Reports and Analysis - Prepare needs assessments, master plans, and technical
studies such as park development fee analysis, including public outreach, community workshops and
surveys.
Bidding Stage - Assist the City in answering bidders' questions, attend pre-bid conferences and job
walks, prepare addenda, analyze bids, and recommend award.
Construction Stage - 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 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 more than one qualified landscape
City of Huntington Beach Page 3 of 4 Printed on 1/1 212 0 2 2
powerec85 Leg,star"
File #: 22-030 MEETING DATE: 1/18/2022
architecture firm available to provide specific areas of expertise and to accommodate potential
scheduling issues. The City then has the option of selecting either one of these firms to consult on a
project.
Current FY 2021/22 CIP Projects requiring landscape architectural services include Marina Park
Rehabilitation, Edison Park Reconfiguration, as well as Carr Park improvements. Additional park
development projects will be added to future CIP's.
Environmental Status:
Not applicable - Once initiated, specific projects will go through the appropriate entitlement process.
Strategic Plan Goal:
Infrastructure & Parks
Attachment[§):
1 . Professional Services Contract between the City of Huntington Beach and David Volz for On-
Call Professional Design/Landscape Architectural Services
2. Professional Services Contract between the City of Huntington Beach and Integrated
Consulting Group, Inc. for On-Call Professional Design/Landscape Architectural Services
3. Professional Services Contract between the City of Huntington Beach and Michael Baker
International, Inc. for On-Call Professional Design/Landscape Architectural Services
4. Professional Services Contract between the City of Huntington Beach and Moore lacofano
Goltsman, Inc. for On-Call Professional Design/Landscape Architectural Services
5. Professional Services Contract between the City of Huntington Beach and NUVIS for On-Call
Professional Design/Landscape Architectural Services
6. Professional Services Contract between the City of Huntington Beach and RJM Design Group,
Inc. for On-Call Professional Design/Landscape Architectural Services
7. Rating sheet list of On-Call Professional Design/Landscape Architectural Proposals
City of Huntington Beach Page 4 of 4 Printed on 1112/2022
oowerecBG Leg,star'-
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
DAVID VOLT_ DESIGN LANDSCAPE ARCHITECTS, INC.
FOR
AS-NEEDED PROFESSIONAL DESIGN/LANDSCAPE; ARCHI TECURAL SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY.- and David Volz Design Landscape Architects, Inc., a California Corporation hereinafter
referred to as "CONSULTANT."
WHEREAS. CITY desires to engage the services of a consultant to provide as-need
professional design/landscape architectural services; and
Pursuant to documentation on file in the office of the Cite Clerk. the provisions of' the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with: and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
I. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference These services shall
sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates David Volz who shall represent it and be its sole
contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE _
CII-Y shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
lofll
22-I0343/273744
3. TERM, TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on ! /V*-/ , 2022 (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
five (5) years from the Commencement Date. The time for performance of the tasks identified in
Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit
the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed One Million Dollars($1,000,000.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
2of11
22-1 094 32 73 744
7. DISPOSITION OF PLANS. ESTIMATES AND OTI-11-R 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 cotnpletion, whichever shall occur first. These
materials may be used by CITY as it sees fit, provided that any such use not within the purposes
intended, by the Agreement shall be at City`s sole risk.
8. HOLD HARMLESS
A. CONSULTANT hereby agrees to protect, defend. indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees; agents and Volunteers Prom
and against any and all claims, damages. losses, expenses, judgments, demands and defense costs
(including, without limitation, costs and fees of litigation of every nature or liability of any kind or
nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors,
if any) negligent (or alleged negligent) pertbrinance 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 ofindemnification to be provided by CONSULTANT.
13. To the extent that CONSULTANT performs "Design Professional Services" within
the meaning of Civil Code Section 2782.8. then the following Hold Harmless provision applies in
place of'subsection A above:
301, 11
22-I0943R73744
-CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and
against any and all claims, damages, losses, expenses, demands and defense costs (including,
without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to
the extent that the claims against CONSULTANT arise out of. pertain to, or relate to the negligence.
recklessness. or willful misconduct of CONSULTANT. In no event shall the cost to defend charged
to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However,
notwithstanding the previous sentence, in the event one or more other defendants to the claims
and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution Of' tile
business. CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid
defense costs. The duty to indemnify, including the duty and the cost to defend. is limited as
provided in California Civil Code Section 2782.8.
C. Regardless of whether subparagraph A or 13 applies, CITY shall be reimbursed by
CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.
This indemnity shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE'
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
CONSULTANT's professional liability in an amount not less than One Million Dollars
($1,000.000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not
contain a self-insured retention without the express written consent of CITY; however an insurance
4ofII
22-10843c73744
police "deductible" of Twenty Five Thousand Dollars ($25,000.00) or less is permitted. A claims-
made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that might
give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the
required extended period of' coverage following pROJFC'I' completion. If insurance is terminated
for any reason. CONSULTANT agrees to purchase an extended reporting provision of at least two
(2) years to report claims arising from work performed in connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required by
this section or tails or refuses to furnish the CITY with required proof that insurance has been
procured and is in Force and paid for, the CITY shall have the right, at the CITY's election. to
forthwith terminate this Agreement. Such termination shall not elTect Consultant's right to be paid
for its time and materials expended prior to notification of termination. CONSULTANT waives the
right to receive compensation and agrees to indemnify the CITY for any work performed prior to
approval of'insurance by the CfTY.
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 ot'each carrier and policy;
13. state that the policy is currently in force; and
5ofll
22-103J3/273744
C. shall promise that such policy shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days'
prior written notice; however, ten (10) days' prior written notice in the event
of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is full\, completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANITs 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 I- 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 otficers. agents and employees and all business
licenses. if'anv. 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 it 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
6 of' II
-1 osa3rz 73744
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.
li. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the wort: hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the
prior express written consent of CITY. Il an assignment, delegation or subcontract is approved, all
approved assignees, delegates and subconsultants must satisfN 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 EMPLOYELS AND OI PICIALS
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
Anv notices. certificates. or other communications hereunder shall be given either by
personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as
the situation shall warrant, or by enclosing the same in a sealed envelope. postage prepaid. and
depositing the same in the United States Postal Service. to the addresses specified below. CITY and
CONSUL;TANT 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:
7 of' I1
22-10843f273744
TO CITY: TO CONSULTANT:
City of Fluntington Beach David Volr Design Landscape
ATTN: Director of Community R Library Services Architects, Inc.
2000 Main Street AT"IT1: Jeffrey Scott
Huntington Beach, CA 92648 151 Kalmus Drive, Suite M8
Costa Mesa. CA 92626-5980
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.
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. I1' 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
8of11
22-10843R73744
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of' any act contrary to law. and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for Ilill 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
Humingam Beach Cirn 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.
9ofII
22-10843(173744
2=4. 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 pertbrtnance hereor, each party shall bear
its own attorneys fees, such that the prevailing party shall not be entitled to recover its attorneys
fees rrom the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and contest 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 or California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of' this Agreement.
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority
or power is not, in fact. held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely
and voluntarily following extensive arm's length negotiation, and that each has had the opportunity
to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and
agree that no representations, inducements, promises, agreements or warranties, oral or otherwise.
have been made by that party or anyone acting on that party's behalf. which are not embodied in this
Agreement, and that that party has not executed this Agreement in reliance on any representation,
inducement, promise, agreement, warranty. fact or circumstance not expressly set forth in this
10 of 11
22.10343/273744
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.
29. EFFECTIVE-' DA1*E
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
David Volz Design Landscape Architects,
Inc.
ME Mayor
TilBy; — City Clerk
David Volz
print name INITIATED AND APPROVED:
ITS: (cire7a onel Chsl re idrn lcc Presidcnt
AND Director of Community & Library Services
By.J, L===
SecretaQ REVIEWED AND APPROVED:
Pt lilt name
ITS: (circle airy secretary/chief Financial OfadAml.
Secrctery-Treasurcr City Manager
APPROVED RM:
COUNTERPART City rn y
11 of 11
22-10e43Q73741
(TA'I'IFICATL BY SECRETARY
I DO I-1ERE13Y CERTIFY AS FOLLOWS:
That I ant the duly elected, qualified and acting Secretary of the above-named corporation,
that the foregoing Bylaws were adopted as the Bylaws of said corporation on the date set forth above
by the person(s) named in the Articles of Incorporation as the Incorporator(s) of said corporation.
IN WITNESS WHERLOF, I have hereunto set my hand and affixed the corporate seal this
2�day of 1999.
Sccreta y
17-
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.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal
co lion o -the Stat 'C: tii ?
David Volz Design Landscape Architects,
Inc.
Me ry} Q .
By: City Clerk ^�
print name INITIATED ANP APPROVED:
ITS: (circle one)Chairman/President/Vice President
AND trector of ommunity & Library Services
By:
REV D A APPROVED:
print name
ITS: (circle one/Secretary/Chief Financial Of6cerlAsst.
Secretary-Treasurer
y Manager
APPROVED - RM:
COUNTERPART r
city rn y
11 of 11
22-10843273714
EXHI131T "A"
The City will issue task orders for each project based upon the scope of services. For task orders
greater than S50,000, the City will typically solicit proposals from two or more qualified
consultants.
In general, the scope of work for landscape architecture firms may involve all phases of a
development project. The following scope of work summarizes the major elements of the scope of
work included in the RI-P.
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 analvses 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. The City shall review the construction documents at the preliminary
engineering, sixty (60%), ninety percent (90%). and final documents stages.
Landscape, Architectural, Engineering Services— Provide landscape, architectural, planting, and
design services primarily for existing City Parks, facilities, Community Centers, Clubhouses, i.e.,
tenant improvements, ADA modifications, etc., and park developments, as well as City medians and
public spaces. Prepare sketches; renderings, and materials boards providing alternative architectural
concepts, designs, and options that can be applied to project requirements. Prepare construction
drawings for bidding and archival purposes, as well as technical specifications for materials and
methods.
Technical Reports and Analysis — Prepare needs assessments, master plans, and technical studies
such as park development fee analysis, including public outreach, community workshops and
surveys.
Bidding Stage— Assist the City in answering bidders' questions, attend pre-bid conferences and job
walks, prepare addenda, analyze bids, and recommend award.
Construction Stage — 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 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.
EXHIBIT A
EXIIII31T "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
Principals $220/hr
Director of Design SI93/hr
Senior Landscape Architects $175/hr
Licensed Professional $I55/hr
Project Nlanager Sl35/hr
Project Designer/ CADD Technicians $121/hr
Administration SI 10/hr
B. Travel Charges for time during travel are not reimbursable.
C. Billitut
1. All billing shall be done monthly in fifteen (1 5) 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 (asks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
q. 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 CONS U LTA NT'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 satistactor_y 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
I
Exhibit B
CONSULTANT in writing of the reasons for non-approval and the schedule of
perforrance 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.
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.
Exhibit B
AC / V CERTIFICATE OF LIABILITY INSURANCE °"�'105r20 2
`� a,/asrz9zz
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the cortiflcato holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an ondorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsemont(sl.
PRODUCER NAME COCT Tine Cavite
FAX
Cornerstone Specialty Insurance Services,Inc. pHD a (714)731-7700 AC r m: (714)731.7750
14252 Culver Owe,A299 ADDRESS• ilna@comerfionefpe ialrywm
INSURERISI AFFORDING COVERAGE NAICI
Irvine CA 92504 INSURERA: RLI Insurance Company 13056
INSURED INSURERB: Great American Insurance 16691
DAVID VOLZ DESIGN LANDSCAPE ARCHITECTURE.INC. INSURER C
151 Kalmus Drive,Ste.M-8 INSURER o:
INSUflER E
Costa Mesa CA 92626 wsuRER F:
COVERAGES CERTIFICATE NUMBER: 21122 COVERAGES REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTIAITHSTANOING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT KITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE Niso MD POLICY NUMBER flimpoi (MMrCcwyYYYIUNITS
X COMU 11 ERCIALGENERALL aILITY BaCHCCCURREHCE S 2.000,000
CLAIMS-MADEOCCUR PREraSES(Fa. i 1,000,000
ADDTL INSURED I PRIMARY MED EXP pay,raw per..) IODOO
A X1 BLANKET VVR OF SUBRO Y Y PSB0001408 03A4/2021 03/14/(2022 1E150NAL IAW INJURY S INCLUDED
GENLAGGREGATE LIMIT APPLIES PER: GENERAL.GGREGATE S 4.000.000
POUCY JE T LOC PRCpICTS a CCMP,Cp AGO S dp00,000
S
OTHER- OCM81NE0$iNGLE DMIf
AUIONOBIIE UABIuiY 1F..PaPerul S 2,000,000
ANY AUTO BODILY INJURY(Per pasT) i
A OYMED SCHEDULED Y Y PSB0001408 03!1412021 03114/2022 BODILY INJURY Far AaudeAO 3
AUiOG ONLY AUt05
WNEO R PERTT DAMA
HIRED NON-O 3
X A'JTOSOHLY x AUTOS ONLY JR.,actica Ir
f
UMBRELLA LIAR OCCUR EACHOCCURRENCE S
EXCESS UAD CLAIMSr4ADE AGGREGATE S
DED I I REEI.'TION S 3
IND RERSCOMPENSATION x PER NH
ANDEMPLOYERSLIABWTYOPRI $iATUiE ER
YrN 1.000,000
A A.NYCEFiVEETOR/PARThER5XEC`mvF M NIA Y PSV4001346 0J/14/2021 03/14I2022 E.L_EACN ACCIDENT 3
(M.rma PoN IR NHI ELUDED+ 1.000000
IMaMatery In Np EL.DISEASE#E.EMPLOYEE f
U daarnl»,:me, 1000.000
C�SCPoPTION OF OPERATIONS Mw E L.DISEASE POLICY LIMIT 3
Each Claim $2.000 000
Professional Liability
B Claims Made OPP6206131 03/1412021 07/;4rz022 Annual Aggregate 52 G00,000
DESCRIPTIONOFOPEPATIONSILOCATIONSIvEHICLES (ACCORD 101,A0dit1wal Rimnb SClvdWa.may ire atbdbedd mar.spate is required)
RE:On-Call Professional Design 8 Landscape Architectural Services
City of Huntington BeaCM.its otOcerS,elected or appointed officials,employees,agents and volunteers are Additional Insured for General Liability but only if
required by wrillen contract with the Named Insured prior to an Occurrence and as per attached endorsement Coverage is Sutject to all policy terms aWndli
conditions.-30 days notice or Cancellation,except for 10 days notice for non-poymenl of premium.For Professional Liability co.It�kbV2,3W9�ii`60A
the tolil insurance available for all Covered claims reported Yatnin me policy period.
M
CERTIFICATE HOLDER CANCELLATION CITY ATTORNEY
L-il I Or rnlry I e , _re
SHOULDANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELRERED IN
City Of Huntington Beach ACCORDANCE VATH THE POLICY PROVISIONS.
2000 Main St.
AUTHORIZED REPRESENTATIVE
Huntington Beach CA 92548
O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
Policy Number: PSB0001408 RLI Insurance Company
Named Insured: David Volz Design Landscape Architects, Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® FOR PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM- SECTION II — LIABILITY
1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a
an additional insured any person or organization that primary basis, or a primary and non-contributory
you agree in a contract or agreement requiring basis,this insurance is primary to other insurance that
insurance to include as an additional insured on this is available to such additional insured which covers
policy, but only with respect to liability for "bodily such additional insured as a named insured, and we
injury', "property damage" or "personal and will not share with that other insurance, provided that:
advertising injury' caused in whole or in part by you a. The "bodily injury' or "property damage" for
or those acting on your behalf:
which coverage is sought occurs after you have
a. In the performance of your ongoing operations: entered into that contract or agreement,or
b. In connection with premises owned by or rented b. The "personal and advertising injury' for which
to you. or coverage is sought arises out of an offense
c. In connection with "your work" and included committed after you have entered into that
within the product-completed operations contract or agreement.
hazard". 4. The following is added to SECTION III K. 2.
2. The insurance provided to the additional insured by Transfer of Rights of Recovery Against Others to
this endorsement is limited as follows: Us — COMMON POLICY CONDITIONS (BUT
APPLICABLE TO ONLY TO SECTION II —
a. This insurance does not apply on any basis to LIABILITY)
any person or organization for which coverage We waive any rights of recovery we may have against
as an additional insured specifically is added by any person or organization because of payments we
another endorsement to this policy. make for "bodily injury", "property damage" or
b. This insurance does not apply to the rendering "personal and advertising injury' arising out of "your
of or failure to render any "professional work" performed by you, or on your behalf, under a
services". contract or agreement with that person or
c. This endorsement does not increase any of the organization. We waive these rights onlywhere you
limits of insurance stated in Liability And have agreed to do so as part of a contract or
Medical Expenses Limits of Insurance. agreement with such person or organization entered
into by you before the "bodily injury' or "property
3. The following is added to SECTION III H.2. Other damage" occurs, or the "personal and advertising
Insurance — COMMON POLICY CONDITIONS injury offense is committed.
(BUT APPLICABLE ONLY TO SECTION II —
LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 304 02 12 Page 1 of 1
WORKERS'COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed.04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the
person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract
that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the
Schedule.
The additional premium for this endorsement shall be_%of the California workers'compensation premium otherwise due on such
remuneration.
Schedule
Person or Organization lob Description
All persons or organizations that are party to a Job performed for any person or organization that you
contract that requires you to obtain this have agreed with in a written contract to provide this
agreement,provided you executed the contract agreement.
before a loss
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 03-14-2021 Policy No. PSW0001346 Endorsement No. I
Insured David Vola Design Landscape Architects, Insurance Company RLI Insurance Company
Inc.
City of Huntington Beach
` n,.� 200o Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ v ww.huntingtonbeachca.gov
�F - Office of the City Clerk
Robin Estanislau, City Clerk
February 9, 2022
David Volz Design Landscape Architects, Inc.
Attn: Jeffrey Scott
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626-5980
Dear Mr. Scott:
Enclosed is a fully executed copy of the "Professional Services Contract between the City
of Huntington Beach and David Volz Design Landscape Architects, Inc. for As-Needed
Professional Design/Landscape Architectural Services" approved by the Huntington Beach
City Council on January 18, 2022.
Sincerely,
4� 1& dda
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosure
Sister Cities: Anjo, Japan • Waitakere, New Zealand
CITY OF HUNTINGTON BEACH
On-Call Professional Design)
Landscape Architectural Services
Rater 01 Rater#2 Rater#3 AVG
David Volz Design
Glib
Hirsch & Associate
Integrated Consulting Group. Inc.
Micheal Baker International, Inc.
MIG. Inc.
NUVIS Landscape Architecture
RHA
RJM Design Group, Inc.
Site Scape
Studio One Eleven
SWA
Verde Design