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HomeMy WebLinkAboutRJM Design Group, Inc. - 2022-01-18 2000 Main Street, Hiuntington Beach,CA City of Huntington Beach 92648 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: y A) 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 Pnnteo on 1112=22 poweiedea LegTs181- 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, 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, Jr 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. * _7�� 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 Sean Page 2 of 4 Printed on 111212022 w.e'64:eW,,r I 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 p weretl9rl'Legistarl- 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 1/12/2022 po ereo8ft Legislar- PROFLSSIONAL SERVICES CONTRACT BETWEEN IIiL' CI'I Y OF I1UN'IING"fO\' E31AC1-I AND RJNI DESIGN GROUP. INC. FOR AS-NEEDED PROFESSIONAL DESIGN/LANDSCAPE ARCHIITiCURAL SERVICES THIS AGREEMEN"T ("Agreement") is made and entered into by and between the City of I-Inntington Beach. it municipal corporation of" the State of' California, hereinafter referred to as "CITY." and R.11M Design Group, Inc.. it California Corporation hereinafter referred to as "CONS UUFANIT." WIIIiREAS. CITY desires to en,-)age 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 City Clerk. the provisions of the Huntington l3cach 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. "I'EII:RI FORT . it is agreed by CITY and CONS UIU I'ANT as follows- I. SCOPE OF SERVICES CONSUL ANT shall provide all services as described in E'shibit "A," which is attached hereto and incorporated into this Agreement by this reference. Thcse services shall sometimes hereinafter be referred to as the 'TROJFCT." CONSULTANT hereby designates Zachary iNlueting who shall rcprescnt it and be its sole contact and agent in all consultations' with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE: CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. I of 11 22-108-13/2737-15 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ar)uA , 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 22-10843/273745 7. DISPOSITION OP PLANS. ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation. all original drawings, designs, reports, both field and office notices. calculations. computer code, language. data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT- completion, whichever shall occur first. These materials may be used by CITY as it sees fit, provided that any such use not within the purposes intended, by 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 from and against any and all claims, damages, tosses, 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 CONSULTANL's (or CONSULTANT's subcontractors. if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its ofticers. 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 CONSULTANI-'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. B. 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: 3of11 22-10843/273745 "CONSULTANT herebv 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 the 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 B applies, CITY shall be reimbursed by CONSULTANT for all costs and attornev'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 police 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 (SI,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 4of11 22-108,43/273745 policy "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 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. It CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for. the CITY shall have the right, at the CITY's election. to forthwith terminate this Agreement. Such termination shall not effect 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 indemnity the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; E. state that the policy is currently in force: and 5of11 22-108.13/273745 C. shall promise that such policy shall not be suspended, voided or canceled by either patsy, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of' the policy of insurance. CONSULTANT shall pay, in a prompt and tinnily 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. TERNUNATION OP AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT'S services hereunder at any time with or without cause. and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 6 of' 11 22-10843/273745 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. I I ASSIGNMENT AND DELEGATION This A<oreement 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. [fall 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. COPYRIGFITS/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 OPPICIALS 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 CONS UL.TANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 7of11 22-108431273745 TO CITY: TO CONSULTANT: City of'I luntington Beach R.li\4 Design Group. Inc. A'FI N: Director of Community R Library Services ATTN: Zachary i\Mueting 2000 Main Street 31591 Camino Capistrano Huntington [Mcach, CA 92648 San ,Iuan Capistrano. CA 92675- 2649 17. CONSENT When CITY's consent/approval is required under this Agreement, its consenUapproval 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 CSeCUIed by both panics. 19. SECTION HEADINGS The titles. captions. section. paragraph and subject headin s, 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 occluded fhom 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. INTERPRI TATION 01 THIS AGREE1%-113-Nf The language of all parts of this Aureement shall in all cases be construed as a whole. according to its fair meaning, and not strictly for or against anv 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 am• other unless so expressly provided here. As used in this Agreement, the masculine or 8 of 11 22-108,430737-15 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. INUMIGRATION CONSULTANT shall be responsible for tltll 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 SUI3CONTRAC"ffNG PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of am 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 Ciry Charter Section 309. the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of anv legal services expenses incurred by CONSULTANT. 9 of' 11 22-1084312737•45 24. ATTORNEY'S FEES fit 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 pertimnance hereof. each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorneys fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context sun,ive the expiration or termination of this Agreement. shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power. authority and right to bind their respective parties to each of the 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 cacti 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 10of11 22-10843/273745 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 patties 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 RUM Design Group Inc. Mayor By: City Clerk ant name ITS: (arch mrm --de INITIATED AND APPROVED: AND L- � ' J �,y Director of Community & Library Services Fyyltfc E' flair print name R ED A APPROVED: ITS: (circle one)Sccrata re tmncial �Asst. Secretary•Treasurer City Manager COUNTERPART APPROVED City Attorney II of11 73-I0847r273743 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 corpo 'on o he State a or RJM Design Group, Inc. May ZQfGGZlQ�Q,u� By. /1 Z2�S City Clerk print namc ITS: rcvde ones Chairman,President,Vice President INITIATED AND APPROVED: AND Director of Community & Library Services By: print name REVIEWED AND APPROVED: ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer City Manager OUNTE PART APPROVED City Attomey II of11 22-10843/273745 EXHIBIT "A" The Citv 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 scope of work 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, sixty (60%). ninety percent (90%), and final documents stages. Landscape, Architectural, Engineering Services— Provide landscape, architectural. planning, and design services primarily for existing Cite 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. I Exhibit B EXF11BIT "B" Payment Schedule (Hourly Payment) A. I-lourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: principal Landscape Architect $195 per hour Associate Landscape Architect $175 per hour Landscape Architect $155 per hour Job Captain / Landscape Designer $140 per hour CAD Technician / Graphics $125 per hour Clerical $85 per hour B. Travel Charges for time during travel are not reimbursable. C. 13illing I. All billing shall be done monthly in fifteen (I5) minute increments and matched to an appropriate breakdown of the time that was taken to perfomi that Nvork and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement 13) 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 unreasonabiv withheld. If' CITY does not approve an invoice. CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of Exhibit B 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. 5. Am, 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 il' 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. 3 Exhibit B sa. .i� INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Risk Management 2. Date: September 8 2021 3. Name of contractor/permittee: RJM Design Group, Inc. 4. Description of work to be performed: As-needed Professional Design/Landscape Architectural Services 5. Value and length of contract: $500,000/1 year 6. Waiver/modification request: $25,000 deductible for Professional Liability 7. Reason for request and why it should be granted: City only allows up to a $10,000 deductible for Professional Liabilitv. 8. Identify the risks to the City in approving this waiver/modification: Low Department Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree. 1. Risk Management ❑ Approved ❑ Denied Signature Date 2. Cit /Attorney's Office t �I//Approved ❑ Denied Signature Date 3. . City Manager's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources Waiver Form 9/8/2021 11:14:00 AM RJMDESI-01 GO EZB CERTIFICATE OF LIABILITY INSURANCE DATE(MNV021YM 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 certificate holder Is an ADDITIONAL INSURED,the policy(les)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 endorsement. A statement on this certificate does not confer rights to the cortificato holder In lieu of such ondorsemonl(s). PRODUCER License#OE67768 -MA Ali Smith IOA Insurance Services as NNo Eat:(619 788-5795 50206 FAX No: 619 574-6285 4370 La Jolla Village Drive e I I Suite 600 .A(I.Smith Ioausa.com San Diego,CA 92122 INSUREFUSI AFFORDING COVERAGE HAIC. INSURER A:RLI Insurance Company 13056 INSURED s Rs a•Arch Insurance Company 11150 RJM Design Group,Inc. INSURER C; 31591 Camino Capistrano INSURER D: San Juan Capistrano,CA 92675 INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: 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. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOROTHER DOCUMENTIMTH RESPECTTOWHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TIE 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. LNSR ADO SUER POLICY EFF POLICY EXP TYPE OFINSURANCE 2 POLICY 4V::BER QD=YY LINJTS A X COMMERCIAL GENERAL LIABILITY LIABILITY EA OCCURRENCE S 2,000,000 CL,vus MADE uOCCUR X PSB0007263 913012021 913012022 DMAG6 TO RENTED S 1,000.000 X Cont LIab/Sev of Int gjQEX 60 aye' san S 10,000 .'. - "t. -7RM PERSONAL a ADV INJURY S 2,000,000 AGGREGATE LIMIT APPLIES PER: ENE EGATE 4,000,000 APOLICY� LOC .;y, _ _ PRODUC S-CO PIOP AGO 41000,000 EN OTHER: - 'r. PF. Doductlble 0 A AUTOMOBILE LIABILITY I COMSINEDSING-EMT 5 1,000,000 gq LE..Irr ANY AUTO PSA0002412 C!I , �' "913012W' A01022 BODILY INNRY R.r ems! ppVw�1N!EEpp SCHEMED AUaLT�O�SONLY AUUOTyyO.pSSA/�(�1EEpO BODILY INNRYti Per ecGtlenl 5 X AUTOS ONLY X AUTOSOIJLY -`VeOroWdttnIYAMAGE S X IAUao.Owned l S A X UMBRELLA DAe OCCUR EACH OCCURRENCE s 1,000,000 EXCESS LIAR Cl-NMS-MADE PSE0003628 913012021 9130/2022 AGGREGATE 11 1,000,000 OED I RETENTION 5 $ A wORRERS COMPENSATION X PER OTM AND EMPLOY ERs'Lw" Y N X SW0004066 913012021 913012022 E EA A C TT 1,000,000 ApNFY CPROR�PREIETgO�RqIPARi NERiE);ECUTNE 11YandEt In•1Ml E):LlUDEOi NIA 1,000,000 IN JI INI LUISEASE.EA[t LO 5 Itae desaloo vldpr 1,000,000 RIPI F TIOVS Cebw E.L DIE -P CY LIMIT 5 g Prof Llab/Cams Made PAAEPO031104 10/1/2021 101112022 Per Claim 2,000,000 B Ded.:$25K Per Claim IPAAEP0031104 10/112021 10/1/2022 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS f VEHICLES IACONO Or,Addltlona(Ramada Schedule.may ba aitachedif more spice is mqulud) Re:All Operations City of Huntington Beach,Its eiaclod or appointed officials,officers and employees are Additional Insureds with respect to General Liability per the attached endorsements as roqulred by written contract.Waiver of Subrogallon applies to Workers'Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provlAppR VED AS TO FORM CERTIFICATE HOLDER CANCELLATION CITY ATTORNEY SHOULD ANY OF THE ABOVE DESCRIBED POLIC"9E0AWI!A S BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. city of Huntington Beach AUTHORIZED REPRESENTATIVE Alin:Risk ManagStreet moral n l I ,o 2000 Main Street /mod _!L/✓'Vf�' gB9iDB-B6fleh._CA.926 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: RIM Design Group, Inc. j Policy Number: PSW0004066 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 j (Ed. 4.84) I 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.) I You must maintain payroli records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. 1 The additional premium for this en(brsemenl shall be _% of the California workers' compensation premium otherwise due on such remuneration. i S Schedule Person or Organization Job Description All persons or organizations that are party to a Jobs 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 the loss. I i j I I i I 01998 by the Wcrkors'Componsatlon Insuranco Ruling Buroau of California.All rights raservool. Policy Number PSB0007263 RLI Insurance Company Named Insured:RJM Design Group, 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 insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury', "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy, against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "properly of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance slated in Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury"or"property damage" occurs, or the"personal (BUT APPLICABLE ONLY TO SECTION 11 — and advertising injury"offense is committed. 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. PPS 304 02 12 Page 1 of 1 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • i i%iv.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk February 9, 2022 RJM Design Group, Inc. Attn: Zachary Mueting 31591 Camino Capistrano San Juan Capistrano, CA 92675-2649 Dear Mr. Mueting: Enclosed is a fully executed copy of the "Professional Services Contract between the City of Huntington Beach and RJM Design Group, Inc. for As-Needed Professional Design/Landscape Architectural Services" approved by the Huntington Beach City Council on January 18, 2022. Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand CITY OF HUNTINGTON BEACH On-Call Professional Design/ Landscape Architectural Services Rater #1 Rater#2 Rater 93 AVG r David Volz Design Glib Hirsch & Associate Integrated Consulting Group. Inc. Micheal Baker International, Inc. MIG, Inc. NLIVIS Landscape Architecture RHA RJM Design Group, Inc. Site Scape Studio One Eleven SWA Verde Design