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HomeMy WebLinkAbout25B - AGMT - ON-CALL LANDSCAPE SRVCSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MARCH 2, 2009 TITLE: AGREEMENTS FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ ,, ,--, ~. ,ter` c c ~----.____ - CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreements with Tatsumi and Partners, RJM Design Group, Inc., and Lynn Capouya, subject to non-substantive changes approved by the City Manager and City Attorney, to provide landscape architectural services for the not to exceed amount of $300,000 for each firm. DISCUSSION Staff has solicited proposals for landscape architectural services. These services are required to augment City staff to complete the design of parks, facility, streetscapes, and specialty improvement projects in a timely manner. Nine qualified firms were contacted and seven firms submitted proposals. These proposals were reviewed by a review committee comprised of personnel from Public Works and Parks and Recreation agencies. The ratings for all seven firms are as follows: FIRM RATING 1. Tatsumi and Partners, Inc. 91 2. RJM Design Group, Inc. 88 3. Lynn Capouya 82 4. Nuvis Landscape Architect 79 5. TCLA, Inc. 77 6.MIG Planners & Architects 72 7. Hourian Associates Landscape Architect 70 25B-1 Agreements for On-Call Landscape Architectural Services March 2, 2009 Page 2 The fee schedules for these firms were compared. The rates are consistent, reasonable and in line with staff's estimate. Because of the experience of key personnel, client satisfaction and competitive rates, it is recommended that the firms of Tatsumi and Partners, RJM Design Group, Inc., and Lynn Capouya be retained for the required services. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The proposed contracts will have a limit of $300,000 for each firm. Funds to pay for the landscape architectural services will be charged to the various projects in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25B-2 AGREEMENT FOR PROVISION OF ON-CALL SERVICES LANDSCAPE ARCHITECT AND ENGINEERING THIS AGREEMENT, made and entered into this 2nd day of March, 2009 by and between Tatsumi and Partners, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of engineering and landscape architecture for the purpose of preparing construction documents. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform engineering and landscape architecture services on an on-call basis, as set forth in City's Request for Proposals dated January 7, 2009, attached as Exhibit A to this Agreement, and incorporated by reference. Said services will be provided by Consultant personnel and sub consultants as set forth in Consultant's Proposal dated February 4, 2009, on file at the Santa Ana Public Works Agency. In providing such services, Consultant shall adhere to the City's CADD standards. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be the President or his/her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 25B-3 3. DELIVERY OF WORK PRODUCT -OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $300,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City shall retain fifteen percent (15%) of the contract price for each project until the completed Project has been accepted by City. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 5. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 14, below. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and 25B-4 wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 25B-5 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If 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 indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, 4 25B-6 through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 facsimile (714) 647-6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-5635 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. BOX 1988 Santa Ana, California 92702 facsimile (714) 647-6515 To Consultant: Tatsumi and Partners, Inc. 5 Corporate Park, Suite 200 Irvine, California 92606-5166 facsimile (949) 250-9891 25B-7 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 25B-8 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. 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, including reasonable costs and attorney's fees, 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. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. /// /// 25B-9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager TATSUMI AND PARTNERS, INC. DAVID H. TATSUMI President 25B-10 REQUEST FOR PROPOSAL ON CALL CONTRACT FOR LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES: CITY OF SANTA ANA PUBLIC WORKS AGENCY SANTA ANA, CALIFORNIA 92702 PROJECT DIRECTOR Souri Amirani Deputy City Engineer Phone (714)647-5640 9 25B-11 REQUEST FOR PROPOSAL ON-CALL CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES GENERAL The City is soliciting proposals from professional landscape architectural firms to provide landscaping design services to prepare contract documents (plans, specifications and "Opinions of Probable Cost") and to provide limited field observation and construction support on an as needed basis. The total amount of each contract shall not exceed $300,000. A detailed scope of work will be outlined when specific project is assigned to a consultant. Upon receiving this Request for Proposal (RFP), consultant shall notify the City regarding its intent to respond to the RFP. From the proposals received, the City will enter into an agreement with the selected firms. The work, in general, consists of general landscape architectural design projects of City owned facilities citywide. The projects may include new site design, construction or retrofitting of existing sites, landscaping, and irrigation systems; and other related projects as required. In addition, City may need mechanical, electrical, aquatic, structural, or geotechnical services for smaller projects. The consultant must be able to assist the City through this contract to provide the services needed. The consultant shall utilize in-house staff and/or sub-consultants satisfactorily to the City to complete the assignments. For specialized work for which the prime consultant will require asub-consultant, the prime consultant shall serve as an administrative liaison between the City and the sub-consultant. The prime consultant mark-up for sub-consultants shall not exceed 10%. The proposal shall be limited to fifteen (15) pages, excluding any appendices material. A cover letter shall summarize key factors and guarantee that key personnel shall be committed to perform the required tasks throughout the duration of the contract. A fee schedule described in the section "Supplied to Offeror" is to be included. PROPOSED SCOPE OF SERVICES In general, the Consultants shall perform landscape architectural design and site planning services resulting in contract documents (plans, specifications and cost estimates) for various projects on an as-needed basis. The Consultants shall also provide all field survey work required to complete the designs. The Consultant's services shall include, but not be limited to, the following: 1. Research existing utility company and City records and coordinate proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. All survey field notes shall be submitted to the City and shall become property of the City upon completion of the project. 3. Assess and incorporate all design criteria and construction requirements conforming to the City of Santa Ana and other governmental agency requirements including, but not limited to handicapped requirements, safety provisions, CBC, seismic considerations, orientation, mechanical, electrical, maintenance factors, flood zone requirements, fire and security codes. 4. Complete design of projects including plans, specifications, and "Opinions of Probable Cost". Consultant shall contact manufacturers and/or contractors to verify these costs prior to submitting to the City. Specifications shall be written in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boiler plate to the Consultants. 10 25B-12 5. All preliminary and bid sets of plans shall be plotted on bond paper. All drawings shall be 24" x 36" on City standazd title block and title sheet. 6. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional landscaped azchitect/engineer in responsible-chazge of the project. These signed originals shall then become the property of the City. 7. Upon completion of construction, as-builts shall be submitted to Consultant. Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of as-built mylazs shall be submitted to the City with an electronic copy of the final as-built drawings via CD or a-mail. 8. Consultant shall tightly control the quality of the work performed by in-house staff and/or sub-consultants. Incomplete (not meeting targeted % completion) or poor quality work will not be accepted. The consultant shall need to revise the documents within a revised schedule set by the City, which may require overtime. No additional regulaz or overtime hours shall be approved for the required revisions. 9. Attend meetings with City's staff as required. 10. Coordination with other Agencies as required. 11. Plan check coordination with the City of Santa Ana and other agencies as required. 12. Consultant shall provide construction support and be required to review and approve addenda and clarifications to plans and specifications. Consultant shall attend pre-construction meetings, attend initial job walk, final walk-through and assist with preparation of punch list, and attend final inspection as requested by City staff. CITY RESPONSIBILITIES In general, the City will be responsible for the following items: • Providing copies of available plans and existing documentation on file. • Providing standard City boilerplate spec. • Acting as a liaison with the appropriate decision making bodies. • Furnish electronic design file with City title block and title sheet (24" x 36") • Process plans for governmental agency approvals having jurisdiction over the project and pay for all plan check fees. • Reproduce final Contract Documents for bidding purposes. All reproduction costs prior to bid documents are the responsibility of the consultant. CONTRACT CONSIDERATION Since total actual cost cannot be pre-determined, a fee for each assigned project shall be negotiated. The Consultant shall be paid based upon hourly rates, unit costs or fixed fee for services rendered. PROPOSAL REJECTION The City reserves the right to reject any or all proposals submitted, and is not liable for any pre-contractual expenses: Pre-contractual expenses are defined as expenses incurred by the offeror in: (a) prepazing the proposal in response to this RFP; (b) submitting that proposal to the City; (c) negotiating with the City in any matter related to this proposal; (d) any other expenses incurred by offeror prior to date of award, if any, of the contract. Offeror shall not include any such expenses as pazt of the price as proposed in response to this RFP. 11 25B-13 ACCEPTANCE OF CONTRACT The contents of the proposal of the successful consultants shall become a contractual obligation if a contract ensues. Failure of a consultant to accept this obligation shall result in the cancellation of any award. Any damage accruing to the City as a result of a failure to contract may be recovered from the consultant. PRIME CONSULTANT RESPONSIBILITIES The selected consultants shall be required to assume responsibility for all services offered in their proposals. The selected consultants shall be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contracts. DISCLOSURE Any information, other than cost and price, which a consultant does not wish to have disclosed, other than for the purpose of evaluation, should have each applicable sheet or part marked "Confidential" -this data shall not be disclosed or duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the response; provided that: the contract is awarded to this offeror, or as a result of or in connection with the submission of such information, the City shall have the right to duplicate, use or disclose this information to the extent provided in this contract. This restriction shall not limit the City the right to use information contained herein if it is obtained from another source. DELAYS The City reserves the right to delay scheduled dates if it is to the advantage of the City. RULES FOR PROPOSALS The signer of the proposals must declare in writing that the only person, persons, company or parties interested in the proposal as principals, are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has fully authority to bind the principal proposer. METHOD OF PAYMENT The consultant shall submit a monthly invoice to the City for the service rendered in that month. The invoice shall include a detailed breakdown of the services, project title and limits, the tasks, the hours, and the unit costs or the hourly rates or percentage completed. Monthly payments will be made for work completed during the preceding month, except that no more than 85 percent of the total contract price shall be paid until the work is considered by the City to be 100 percent complete. REGULATIONS The selected consultants shall be expected to comply with all applicable federal, state and local regulations, building codes, and contract provisions. The ensuing contract shall contain such contractual provisions and conditions necessary to define a sound and complete agreement. 12 25B-14 INFORMATION REQUIRED FROM CONSULTANTS Proposals shall be submitted in the format as described below: Organization and Credentials Provide a synopsis of the consultant's qualifications and past experience. Work Plan Provide a narrative rendition of the technical work plan. Show how all required tasks are to be completed. Staffing The consultant shall identify their Project Manager as well as other key personnel to be assigned to the project, their qualifications, education, representative experience, and their capability to explore and resolve problems. Subconsultants Identification is required of any contemplated subconsultants to be used during the project, with the identification of personnel to be assigned, their qualifications, education, and representative experience. SUPPLIED TO OFFEROR The offeror shall furnish a fee schedule for the proposed service. The offeror shall also complete Attachment "A" (Consultant Rate Comparison Form) located at the end of the Request for Proposal and include it with the fee schedule. The fee schedule (3 copies) and Attachment "A" shall be separately bound, sealed, and submitted to the City. The fee schedule shall include the following: A. Hourly rate for each personnel category. B. Any other direct charges. C. Indirect cost or overhead. D. Cost of supplies and materials (itemized). Consultant may submit a revised fee schedule at the beginning of the calendar year for any adjustments to the hourly rates. The City must approve the revised hourly rates in writing prior to the revised rates taking effect. The consultant may be required to submit supporting back-up documentation for the revised fee schedule changes. Total cost for the contract shall not exceed $300,000. 13 25B-15 ADDITIONAL INFORMATION AND COMMENTS The contents under this heading are left to the discretion of the consultant. Material shall be pertinent to the proposal, but not otherwise requested in the RFP. CRITERIA FOR SELECTION An evaluation committee appointed by the Executive Director of the Public Works Agency will review the proposals. The criteria for evaluating the proposals submitted will take the following items into consideration: • Experience and reputation of the firm including a verification of data and references. • Experience and credentials of key personnel assigned to the project. • Understanding of project objectives and work tasks as evidenced in the written narratives and oral interview. • Adherence to Schedule: Demonstrate that the present workload of the firm and the availability of staff for the project shall enable staying on schedule. • Consultant's past record of performance in similar projects related to control of costs, quality of work and meeting schedules. • Familiarity with City design and construction specifications and procedures. • The City's prior experience with the consultant. • Familiarity with the geographical area of the project. • Fee (separate sealed envelope). The ultimate consultant selections shall be based upon both technical merit and cost competitiveness. THE CITY'S AFFIRMATIVE ACTION PROGRAM The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. The attached "Certification of Non-Discrimination by Contractors" shall be completed by each submitting firm and included in the proposal (Attachment "B"). 14 25B-16 EXHIBIT B FEE SCHEDULE 15 25B-17 ATTACHMENT "A" ANNUAL LANDSCAPE ARCHITECTURAL SERVICES CONTRACT CONSULTANT RATE COMPARISON FORM Consultant shall complete this form and include it along with the comprehensive fee schedule in the sealed flee envelope. This comparison is based upon services required for approximately one plan sheet each for landscape architectural design services including specifications and cost estimate for the following sample project: Design of a new 2500 sf landscaping and irrigation area for Santa Ana Zoo front entrance area. The sample plan and profile sheets shall be at '/.":1' and conform to atl ,..~. requirements detailed in this RFP. On a separate sheet of paper, please provide a detailed scope of work for the tasks required to complete this sample project. This form will be used for fee comparison purposes only. Description of Consultant Test or Services Unit Quantity Unit Cost Total Survey Project Surveyor Per Hour 2 $ 140.00 $280.00 Three personal survey crew Per Hour 8 $ 225.00 $1,800.00 Drafter/Designer Per Hour 18 $ 100.00 $1,800.00 Sub Consultant Markup 10% $388.00 Landscape Archltedurs ~eslgn and Draft Plans Principal Landscape Architect Per Hour 2 $ 276.00 $552.00 Senior Landscape Architect Per Hour 6 $ 128.00 $768.00 Associate Landscape Architect Per Hour 16 $ 89.00 $1,424.00 Draftsperson Per Hour 32 $ 68.00 $2,176.00 ElectricallLlghting Englnsering Senior Designer Per Hour 16 $ 110.00 $1,760.00 duality Control Engineer Per Hour 1 $ 125.00 $125.00 CAD Drafter Per Hour 16 $ 70.00 $1,120.00 Sub Consultant Markup 10% $300.50 Total for Fees $11,913.00 Other Dtrect Costs Reproduction/Plotting $400.00 Shipping/Delivery $50.00 Digital Photography $25.00 Travel/Mileage $45.00 Misc. $100.00 Total for Other Direct Costs $620.00 Grand Total for Pro osal x12,533.00 9 25B-18 ATTACHMENT "A" TATSUMI AND PARTNERS' SAMPLE SCOPE OF WORK Santa Ana Zoo Front Entrance -New Landscaping and Irrigation (2500 sf) Assumptions: • No existing mapping is not available for this area. • Depending upon the specific areas to receive new planting, the existing areas contain severak existing trees including a Data palm, Minosa and Floss Silk trees. Other plants near the existing entrance include Flax, Dietes and Bamboo. • Drainage is accommodated by existing grades/drainage. • The Santa Ana Zoo desires to have a new landscape which reflects the theme of the zoo. • A construction budget for this new improvements has not been established. • The overall zoo's irrigation system is controlled by a Maxicom system. • New pavement and other structures is not in this scope of work. • New lighting will not include pedestrian and/or safety lighting. New lighting will be restricted to landscape accent lighting. • Electrical and irrigation water points of connection are available within a reasonable distance from the project area. Scope of Work: 1. Kick-Off Meeting and Project Orientation: Meet with City staff to discuss in detail the project goals and objectives, budgets and other project perimeters. Specific desires will be discussed including budgets, visual character (theme) of the new planting, and visual clearance areas for signage and existing structures. Establish lines of communications with various City departments including public works, zoo operation/maintenance and planning. 2. A project schedule will be prepared using Primavera project management software. This schedule will be subject to the review and approval of the City. Refinements to the schedule will be made at this time. 3. An on-site visit will be conducted. An analysis of the planting areas versus current use and pedestrian flow will be preformed. During this task, soil samples will be taken to assess the agronomic condition of the soil. Tatsumi's in-house certified arborist will evaluate the existing trees for possible relocation, preservation or removal. An inventory of any existing irrigation systems will be conducted to obtain the current irrigation equipment inventory and available facilities. Site survey will also include a review of the existing electrical panel. 4. Security issues will also be discussed with zoo operations/maintenance staff for inclusion into the Opportunities and Constraints analysis. 5. Concurrent with the on-site visit, a field survey will be conducted to map the existing conditions of the new planting areas. Proposal: On Cail Landscape Architectural Consultant Services City of Santa Ana Tatsumi and Partners, Inc. 25B-19 a. Research County benchmark and record maps within project limits. b. Datums: i. Vertical: Orange County Surveyor's NAVD88 ii. Horizontal: Orange County Surveyor's CCS-83, Zone VI Horizontal Datum c. Topographic field survey: i. Locate existing centerline monumentation for basis of bearings. ii. Collect topography from parking lot to existing buildings and limits determined by Tatsumi. iii. Collect all surface features within project limits (curb & gutter, driveways, sidewalks, walkways, existing landscape improvements, trees, shrubs, visible irrigation equipment, valves, etc.). d. Drafting: i. Prepare topographic base sheets, 1 " = 20' scale with 1' contours in AutoCAD drawing format including all survey information collected for design of landscape improvements. This mapping will be digital and will serve as the base for all future planning and design of this project. 6. A preliminary utility investigation will be conducted in the form of reviewing the project plans, underground utility plans, and geotechnical information provided for the subject project by the City. This task is conducted to confirm that there are no underground utilities which would have to be addressed in the planting. Prepare sketch Opportunities and Constraints analysis will be conducted to quickly determine areas of opportunities. Constaints such as underground utilities, visual clearance of buildings and signage, visitor queueing patterns, and pedestrian movement patterns will be addressed in this analysis. 8. Concept Design: A conceptual layout of the new landscape elements including planting, accent lighting and concrete mow strips (if required} will be prepared in an illustrative manner. If significantly differing avenues of design are identified, additional concept layouts will be provided. For each concept, a schematic cost estimate will be provided. These concepts and estimates will be presented to the City for its review and comments. Tatsumi will assist the City in selecting a concept which meets most of the project's goals and objectives. Refinements to this preferred concept will be made for final approval by the City. If a new signage design available or pending, Tatsumi will coordinate the location and type of planting as well as the accent lighting with the signage designers. Electrical load and voltage drop calculations will also be performed to insure that adequate power is available for the new electrical demands of the irrigation controller and accent lighting. 9. Upon final approval of the concepts and estimates by the City, Tatsumi will prepare construction documents which conform to the City of Santa Ana standards and requirements. These will include: a. Demolition Plan (or possible tree preservation plan). Proposal: On Call Landscape Architectural Consultant Services City of Santa Ana Tatsumi and Partners, Inc. 25B-20 b. Planting Plan including concrete mow strip layout and details. c. Irrigation Plan including details and water calculations to conform to water conservation issues (AB325). d. Electrical/Lighting Plans including panel schedule and legend. e. Final Construction Cost Estimate. f. Specifications. 10. Construction documents will undergo a quality review process by Tatsumi. These quality review documents will be made available for City QA/QC audits when requested. All submittals will receive these quality reviews prior to submission to the City. 11. Upon b5% completion of the in-progress constructon documents, Tatsumi will submit 24"x36" review sets for the City's review. Upon the City's comments, Tatsumi will revise the construction documents. 12. At 95% completion, Tatsumi will submit 24"x36" review sets for the City's review. Based on these review comments, Tatsumi will revise the construction documents. 13.100% complete construction documents will be provided to the City in the form of 24"x36" reproducible full-size prints as well as digital CAD and word document files. All plans and specificatons will be signed by the appropriate responsible oversight professional. 14. Construction Support with site visits, coordination meetings, Request for Information submittals, and shop drawing reviews. Other services during construction include attendence at pre- construction meetings, initial job walk, final through, assistance with preparation of punch list and final inspections. 15. Upon the completion of construction, Tatsumi will generate as-built documents incorporating the changes to the plans during construction. These as-builts will be signed and submitted to the City on 24"x36" mylar as well as digital CAD files. Proposal: On Call Landscape Architectural Consultant Services City of Santa Ana Tatsumi and Partners, Inc. 25B-21 ;_ ~ ~. .. TATSUMI AND PARTNERS, INC. .. LANDSCAPE ARCHITECTURE ~ PUNNING URBAN DESIGN ~ ~ i ~ 5 Corporate Park, Suite 200 Irvine California 9 2 606-51 66 Telephone: (949) 250-9890 .. Facsimile: (949) 250-9891 t-Mail: email @ta l su m i a nd pa ruxv~. cu m David H. Talwmi, ASIA "~' Calif. No. 2033 TATSUMI AND PARTNERS, INC. HOURLY BILLING RATES 1=0R 2009 Senior Principal $276 Senior Associate $151 Senior Landscape Architect $128 Associate $129 Technical Staff II $111 Associate Landscape Architect $89 Technical Staff I/Draftsperson $68 Staff $ 71 EXPENSES: In-House: B&W Photocopies (per 8.5" x 11 "copy) ............................. $0.08 B&W Photocopies (per 11 " x 17" copy) ............................ .. $0.16 Color Photocopies (per 8.5" x 11"copy) ........................... ..$1.00 Color Photocopies (per 11 " x 17" copy) ............................ .. $2.00 Plotting per sq. ft. as follows: B&W Mylar ....................................................................... .. $4.00 B&W Mylar from digital files ............................................. .. $5.00 Ve11um .............................................................................. .. $2.00 Photo Glossy Graphics ...................................................... $12.00 Color Bond ....................................................................... .. $2.50 B&W Bond ....................................................................... .. $1.50 Outside Expenses :.................................................................At cost plus 100 Mileage ................................................................................. $.55 per mile 25B-22 - ~ K D M MERIDIAN I Prevailing Wage Fee Schedule Valid Through October 1, 2009 PROFESSIONAL SERVICES: Principal Project Manager ~` Project Surveyor -. Project Engineer Junior Engineer Survey Technician Engineering Technician AutoCAD Drafter/Designer Clerical/Administration Technical Aide Expert Witness (4 hour minimum) Survey Crew (1 man w/truck) Survey Crew (2 persons) Survey Crew GPS (3 persons} Survey Crew GPS (4 persons) REIMBURSABLES: Additional Survey Vehicle Supplies, Reproduction, Rental of Special Equipment Subconsultants REMOTE SITES: Fuel, lodging, Airfare Meal Expense Mileage $180.00 $160.00 $140.00 $140.00 $125.00 $115.00 $115.00 $100.00 $ 75.00 $ 75.00 $300.00 $175.00 $225.00 $300.00 $375.00 RATE: $ 75/day Cost + 15% Cost + 15% RATE: Cost + 15% $ 50/day/person $ 0.55/mile Note: Government Agencies and/or private landowner fees, map filings, research materials, etc. are extra to contract costs. These rates are dependant on prevailing wage rates as determined by the Director of the Department of Industrial Relations. Interim changes will negate these rates and an adjusted fee schedule will be issued, and shall apply should this occur. Overtime pay will be charged at a rate of 150% as shown above. Double time pay will be charged at a rate of 200% as shown above. 22541 Aspan Street, Suite C, Lake Forest, Caiifomia 92630 Telephorte:949-768-0731 Facsimile: 949-768-3731 KDMMeridian.com HOURLY RATE: 25B-23 D1A Z•YOURMAN DIAZ•YOURMAN & ASSOCIATES Schedule of Charges - 2009 Professional Services Junior ..................................................................................................................... $98.00/hour Staff ........................................................................................................................ 114.00/hou r Project .................................................................................................................... 138.00/hour Senior ..................................................................................................................... 158.00/hour Associate ............................................................................................................... 178.00/hour Principal ........ ... ...... ... . 199.00/hour Support Services Word Processing/Clerical ....................................................................................... ..71.00/hour Drafting ................................................................................................................... .. 92.00/hour "~ Technical Editin g .................................................................................................... ..86.00/hour .. Technician .............................................................................................................. ..83.00/hour Senior Technician ... . 100.00/hour Prevailing Wage Field Services Week Days (6 am to 5 pm) .................................................................................... 100.00/hour Weekday Overtime (first 4 hours) .......................................................................... 120.00/hour "" Week Nights (5 pm to 6 am), Saturdays (0 to 12 hours) ........................................ 120.00/hour Sundays, Holidays, Other Overtime ....................................................................... 150.00/hour Equipment Truck ........................................................................................................................16.00/hour Automobile ................................................................................................................. 0.60/mile Nuclear Gauge .......................................................................................................... 80.00/day Manometer ................................................................................................................ 25.00/day Slope Inclinometer .................................................................................................... 50.00/day Coring Machine .......................................................................................................200.00/day Other Equipment ........................................................................................ Separate Schedule - Note: These rates are inclusive of compensation, fringe benefds, overhead, insurance, supplies, communications, general administration, other overhead expenses, profits, fees and all out-of- pocket expenses other than those listed separately below. Subcontractor and subconsultant costs (laboratory, field equipment, etc.) are not included. Outside direct costs such as equipment rental, outside services, and printing, copying, travel, °', and subsistence ................................. Cost + 15% For non prevailing wage field services provided by a staff engineer during night time (7 pm to 7 am) a $150 surcharge/ per night and a minimum per visit charge of 4 hours will apply. Contract personnel may be charged at the hourly rates listed above. Travel time will be charged at regular hourly rates. Appearances as a witness (including depositions and court appearances) will be charged at a rate of $400/hour plus expenses, with a minimum daily charge of 4 hours. Preparation will be charged at regular hourly rates. The rates will be subject to a minimum 5 percent escalation for services provided in subsequent years. Invoices are due upon receipt and are past due 30 days after the invoice date. A finance charge of 1.5 percent per month, or the maximum allowed by law, will be charged on past due invoices. Diaz•Yourman & Associates makes no warranty, either express or implied, to its statements, conclusions, findings, recommendations or specifications except that they are prepared and presented in accordance with generally accepted standard of care. K..\DATAFLS\PHOPOSAU091U9-U'ltiW9 SCHEDULEI.DOC 25B-24 D~A2•/YOU(RMAN CI~TIfl.~ !AL }f tti .llf Position Junior Engineer Staff Engineer Project Engineer Senior Engineer Principal Actual Hourly Rate $26.44 to $30.56 $35.20 to $37.59 $41.53 to $49.61 $55.46 to $58.38 Fringe Benefits, Overhead, . Administration Last audited overhead rate (2002 ACTA post project audit) Profit Anticipated Yearly Fee increase 192.40 10% 5% * DYA's accounting system did not have the ability to break out benefits from other overhead costs at the time of our last audit. K~\DAi AFLS1PROPOSALW9l09.026\09 SCNEDULEI.DOC 25B-25 3151 Airway Avenue Suite 5-2 Costa Mesa, CA 92626 Civil Woria Engineer RATE SCHEDULE PROFESSIONAL SERVICES Principal Project Manager Senior Engineer Engineer Senior Designer Jr. Engineer /Designer Jr. Designer / CADD Technician Clerical / Admin Support REIMBURSABLE EXPENSES Reproduction Consultant Services Automobile Transportation Computer Plots Delivery, Freight, Courier Agency Fees Commercial Travel /Subsistence HOURLY RATE ($) $160.00 $150.00 $125.00 $115.00 $110.00 $ 90.00 $ 80.00 $ 60.00 Cost Cost plus 10% $0.55 /mile $ 1.501 SF Bond $ 2.00 / SF Vellum $ 3.00 / SF Color $ 4.00 / SF Mylar Cost Cost Cost Effective Through 12/31/09 25B-26 STRUCTURAL i CIVIL ENGINEERS STRUCTURAL & CIVIL ENGINEERING SERVICES HOURLY BILLING RATES (Effective June 2008) Principal $200.00 - 240.00 Project Manager 140.00 - 195.00 Los Angeles Project Engineer 110.00 - 140.00 Newport Beach Design Engineer 90.00 - 110.00 CAD Designer 110.00 - 130.00 CAD Technician 70.00 - 105.00 Note: Rates change annually. • Reimbursables billed at cost plus 15%. • Overtime rates are 1%s times the above. 444 South Flower Street Suite 400 Los Angeles, CA 90071 T 213 596 4500 f 213 596 4501 25B-27 F.T.Andrews, Inc. 4 C n n e t F c l f i n c E a G t e a a division ~f ~'DS 1 Prlarc Canynn Rr,nd. Stc. 1!'.U (; 1A) 2f.:{_03A7 Ilvinn CP 97R(IG F0Y (776) 2L3-0346 www.itendrewe.com F.T. ANDREVNS, INC. 2009 STANDARD HOURLY RATE SCHEDULE CLASSIFICATION PRINCIPAL: ENGINEERING MANAGER: PROJECT ENGINEER: ENGINEER: SENIOR DESIGNER: DESIGNER: JUNIOR DESIGNER: CADD OPERATOR: CLERICAL: HOURLY BILLING RATE $155.00 $140.00 $125.00 $115.00 $105.00 $ 90.00 $ 75.00 $ 65.00 $ 55.00 These hourly rates include all cysts and charges for telephone, fax, computers, local travel, and plotting and printing of drawings and specifications for coordination purposes. 25B-28 o 0 Electrical Engineers, Inc. OMB Electrical Engineers Hourly Rates Principal Lighting Designer Project Engineer Senior Designer Designer CADD Draftsperson Word Processor $150.00 $140.00 $125.00 $110.00 $ 90.00 $ 70.00 $ 50.00 The Power BehindThe Design 8825 Research Drive Irvine, CA 92618 Phone 949.753.1553 Fax 949.753.1992 www.OMBengrs.com 25B-29 - Archit~ctore ~ Intedoes ~ Planning ~- The hourly rates for DKY Architects are as follows: ~„, Architect -Principal $ 135.00 Architect -Project Manager $ 105.00 Project Architect $ 95.00 Structural Principal $ 125.00 Structural Engineer $ 110.00 Structural Draftsman $ 70.00 Electrical -Principal $ 175.00 Electrical- Associate $ 150.00 Electrical -Project Engineer $ 125.00 "' Electrical -Designer $ 85.00 Electrical Cadd Draftsman $ 65.00 Electrical- Clerical $ 35.00 Cadd Draftsman $ 85.00 Clerical /Administrative $ 55.00 Ex~enses• All expenses shall be approved by the Client in advance and in writing. 11" X 17" reprographics shall be billed at $.12/ sheet All other reprographics shall be billed at $.16/sf Personal automobile use for project travel shall be billed at $.58.5/ mile x, Shipping, materials and equipment purchased, leased or rented by DKY Architects, specifically on behalf of the Client shall be billed at cost plus ten percent (10%). DKY Architects • 15375 Barranca Pkwy. Suite A-210. Irvine, CA 92618 P: 949-788-9223 ~ F: 949-788-0716 ~ E-mail: David@DKYArchitects.com Architecture • Planning ~ Interiors 25B-30 CONVERSE CONSULTANTS Schedule of Fees Environmental Personnel Introduction It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through January 31, 2010. Hourly Charges for Personnel Staff assignments will depend on personnel availability, job complexity, project site location and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care. Field Technical Services Soils Technician $65 Senior Soils Technician 75 Supervisory Solis Technician 90 Professlonal Services (Fleld and Office) Staff Professional ~~0 Senior Staff Professional 85 Project Professional 97 ,;.„~ Senior Professional 125 Principal Professonal 1a5 Principals/Consultants 180 Office Support " Clerical/Word Processing 56'~ Drafting 62 CAD Operator/Drafting Manager 71 An overtime charge of 50 percent of the above hourly rates (excluding Professional Services) will be added for time in excess of eight hours per day and for all time on Saturdays, Sundays and holidays. An overtime charge of 100 percent of the above hourly rates (excuding Professional Services) will be charged on Sunday H hours worked was seven continuous eight hours per day in one work week, not counting vacation or sick leave within the week. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel. Expenses 1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent. 2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living away from a principal office are charged at cost plus fifteen percent. 3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at a vale of fifty -five cents per mile for company- owned vehicles traveling between principal office and project. 4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, outside printing services, tests, etc.) are charged at cost plus fifteen percent. Invoices 1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services. 2. Payment is due upon presentation of invoice and ispast-due thirty days from invoice date. In the event Client faits to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum {but not exceeding the maximum allowed by law) from the due date, has been received. Further, _. Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Clieni fails to pay Converse for services when said payments are due. 3. Client shall pay attorneys' fees or other costs incurred in collecting any delinquent amount. General Conditions The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the ;,, General Conditions does not accompany this fee schedule, Client should request a copy from this office. Converse ConsuRants EP20t)<3 25B-31 AGREEMENT FOR PROVISION OF ON-CALL SERVICES LANDSCAPE ARCHITECT AND ENGINEERING THIS AGREEMENT, made and entered into this 2nd day of March, 2009 by and between RJM Design Group, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of engineering and landscape architecture for the purpose of preparing construction documents. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform engineering and landscape architecture services on an on-call basis, as set forth in City's Request for Proposals dated January 7, 2009, attached as Exhibit A to this Agreement, and incorporated by reference. Said services will be provided by Consultant personnel and sub consultants as set forth in Consultant's Proposal dated February 4, 2009, on file at the Santa Ana Public Works Agency. In providing such services, Consultant shall comply with the City's CADD standards. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be the President or his/her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 25B-32 3. DELIVERY OF WORK PRODUCT -OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $300,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City shall retain fifteen percent (15%) of the contract price for each project until the completed Project has been accepted by City. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 5. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 14, below. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional 25B-33 manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 25B-34 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If 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 indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either 25B-35 party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 facsimile (714) 647-6956 With courtesy copies to: and Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. BOX 1988 Santa Ana, California 92702 facsimile (714) 647-5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. BOX 1988 Santa Ana, California 92702 facsimile (714) 647-6515 To Consultant: RJM Design Group, Inc. 31591 Camino Capistrano 25B-36 San Juan Capistrano, California 92675 Facsimile (949) 493-2690 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work 25B-37 product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. 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, including reasonable costs and attorney's fees, 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. 25B-38 b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney DAVID N. REAM City Manager RJM DESIGN GROUP, INC. ROBERT J. MUETING Principal 25B-39 REQUEST FOR PROPOSAL ON CALL CONTRACT FOR LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES: CITY OF SANTA ANA PUBLIC WORKS AGENCY SANTA ANA, CALIFORNIA 92702 PROJECT DIRECTOR Souri Amirani Deputy City Engineer Phone (714) 647-5640 25B-40 REQUEST FOR PROPOSAL ON-CALL CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES GENERAL The City is soliciting proposals from professional landscape azchitectural firms to provide landscaping design services to prepaze contract documents (plans, specifications and "Opinions of Probable Cost") and to provide limited field observation and construction support on an as needed basis. The total amount of each contract shall not exceed $300,000. A detailed scope of work will be outlined when specific project is assigned to a consultant. Upon receiving this Request for Proposal (RFP), consultant shall notify the City regarding its intent to respond to the RFP. From the proposals received, the City will enter into an agreement with the selected firms. The work, in general, consists of general landscape architectural design projects of City owned facilities citywide. The projects may include new site design, construction or retrofitting of existing sites, landscaping, and irrigation systems; and other related projects as required. In addition, City may need mechanical, electrical, aquatic, structural, or geotechnical services for smaller projects. The consultant must be able to assist the City through this contract to provide the services needed. The consultant shall utilize in-house staff and/or sub-consultants satisfactorily to the City to complete the assignments. For specialized work for which the prime consultant will require asub-consultant, the prime consultant shall serve as an administrative liaison between the City and the sub-consultant. The prime consultant mark-up for sub-consultants shall not exceed 10%. The proposal shall be limited to fifteen (15) pages, excluding any appendices material. A cover letter shall summarize key factors and guazantee that key personnel shall be committed to perform the required tasks throughout the duration of the contract. A fee schedule described in the section "Supplied to Offeror" is to be included. PROPOSED SCOPE OF SERVICES In general, the Consultants shall perform landscape architectural design and site planning services resulting in contract documents (plans, specifications and cost estimates) for vazious projects on an as-needed basis. The Consultants shall also provide all field survey work required to complete the designs. The Consultant's services shall include, but not be limited to, the following: 1. Research existing utility company and City records and coordinate proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. All survey field notes shall be submitted to the City and shall become property of the City upon completion of the project. 3. Assess and incorporate all design criteria and construction requirements conforming to the City of Santa Ana and other governmental agency requirements including, but not limited to handicapped requirements, safety provisions, CBC, seismic considerations, orientation, mechanical, electrical, maintenance factors, flood zone requirements, fire and security codes. 4. Complete design of projects including plans, specifications, and "Opinions of Probable Cost". Consultant shall contact manufacturers and/or contractors to verify these costs prior to submitting to 25B-41 the City. Specifications shall be written in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boiler plate to the Consultants. 5. All preliminary and bid sets of plans shall be plotted on bond paper. All drawings shall be 24" x 36" on City standard title block and title sheet. 6. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional landscaped architect/engineer in responsible- charge of the project. These signed originals shall then become the property of the City. 7. Upon completion of construction, as-builts shall be submitted to Consultant. Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of as-built mylars shall be submitted to the City with an electronic copy of the final as-built drawings via CD or a-mail. 8. Consultant shall tightly control the quality of the work performed by in-house staff and/or sub- consultants. Incomplete (not meeting targeted % completion) or poor quality work will not be accepted. The consultant shall need to revise the documents within a revised schedule set by the City, which may require overtime. No additional regular or overtime hours shall be approved for the required revisions. 9. Attend meetings with City's staff as required. 10. Coordination with other Agencies as required. 11. Plan check coordination with the City of Santa Ana and other agencies as required. 12. Consultant shall provide construction support and be required to review and approve addenda and clarifications to plans and specifications. Consultant shall attend pre-construction meetings, attend initial job walk, final walk-through and assist with preparation of punch list, and attend final inspection as requested by City staff. CITY RESPONSIBILITIES In general, the City will be responsible for the following items: • Providing copies of available plans and existing documentation on file. • Providing standard City boilerplate spec. • Acting as a liaison with the appropriate decision making bodies. • Furnish electronic design file with City title block and title sheet (24" x 36") • Process plans for governmental agency approvals having jurisdiction over the project and pay for all plan check fees. • Reproduce final Contract Documents for bidding purposes. All reproduction costs prior to bid documents are the responsibility of the consultant. CONTRACT CONSIDERATION Since total actual cost cannot be pre-determined, a fee for each assigned project shall be negotiated. T'he Consultant shall be paid based upon hourly rates, unit costs or fixed fee for services rendered. PROPOSAL REJECTION The City reserves the right to reject any or all proposals submitted, and is not liable for any pre-contractual expenses: 25B-42 Pre-contractual expenses are defined as expenses incurred by the offeror in: (a) preparing the proposal in response to this RFP; (b) submitting that proposal to the City; (c) negotiating with the City in any matter related to this proposal; (d) any other expenses incurred by offeror prior to date of award, if any, of the contract. Offeror shall not include any such expenses as part of the price as proposed in response to this RFP. ACCEPTANCE OF CONTRACT The contents of the proposal of the successful consultants shall become a contractual obligation if a contract ensues. Failure of a consultant to accept this obligation shall result in the cancellation of any award. Any damage accruing to the City as a result of a failure to contract may be recovered from the consultant. PRIME CONSULTANT RESPONSIBILITIES The selected consultants shall be required to assume responsibility for all services offered in their proposals. The selected consultants shall be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contracts. DISCLOSURE Any information, other than cost and price, which a consultant does not wish to have disclosed, other than for the purpose of evaluation, should have each applicable sheet or part marked "Confidential" -this data shall not be disclosed or duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the response; provided that: the contract is awarded to this offeror, or as a result of or in connection with the submission of such information, the City shall have the right to duplicate, use or disclose this information to the extent provided in this contract. This restriction shall not limit the City the right to use information contained herein if it is obtained from another source. DELAYS The City reserves the right to delay scheduled dates if it is to the advantage of the City. RULES FOR PROPOSALS The signer of the proposals must declare in writing that the only person, persons, company or parties interested in the proposal as principals, are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has fully authority to bind the principal proposer. METHOD OF PAYMENT The consultant shall submit a monthly invoice to the City for the service rendered in that month. The invoice shall include a detailed breakdown of the services, project title and limits, the tasks, the hours, and the unit costs or the hourly rates or percentage completed. Monthly payments will be made for work completed during the preceding month, except that no more than 85 percent of the total contract price shall be paid until the work is considered by the City to be 100 percent complete. REGULATIONS 25B-43 The selected consultants shall be expected to comply with all applicable federal, state and local regulations, building codes, and contract provisions. The ensuing contract shall contain such contractual provisions and conditions necessary to define a sound and complete agreement. INFORMATION REQUIRED FROM CONSULTANTS Proposals shall be submitted in the format as described below: Organization and Credentials Provide a synopsis of the consultant's qualifications and past experience. Work Plan Provide a narrative rendition of the technical work plan. Show how all required tasks are to be completed. Staff nq The consultant shall identify their Project Manager as well as other key personnel to be assigned to the project, their qualifications, education, representative experience, and their capability to explore and resolve problems. Subconsultants Identification is required of any contemplated subconsultants to be used during the project, with the identification of personnel to be assigned, their qualifications, education, and representative experience. SUPPLIED TO OFFEROR The offeror shall furnish a fee schedule for the proposed service. The offeror shall also complete Attachment "A" (Consultant Rate Comparison Form) located at the end of the Request for Proposal and include it with the fee schedule. The fee schedule (3 copies) and Attachment "A" shall be separately bound, sealed, and submitted to the City. The fee schedule shall include the following: A. Hourly rate for each personnel category. B. Any other direct charges. C. Indirect cost or overhead. D. Cost of supplies and materials (itemized). 25B-44 Consultant may submit a revised fee schedule at the beginning of the calendar year for any adjustments to the hourly rates. The City must approve the revised hourly rates in writing prior to the revised rates taking effect. The consultant may be required to submit supporting back-up documentation for the revised fee schedule changes. Total cost for the contract shall not exceed $300,000. ADDITIONAL INFORMATION AND COMMENTS The contents under this heading are left to the discretion of the consultant. Material shall be pertinent to the proposal, but not otherwise requested in the RFP. CRITERIA FOR SELECTION An evaluation committee appointed by the Executive Director of the Public Works Agency will review the proposals. The criteria for evaluating the proposals submitted will take the following items into consideration: • Experience and reputation of the firm including a verification of data and references. • Experience and credentials of key personnel assigned to the project. • Understanding of project objectives and work tasks as evidenced in the written narratives and oral interview. • Adherence to Schedule: Demonstrate that the present workload of the firm and the availability of staff for the project shall enable staying on schedule. • Consultant's past record of performance in similar projects related to control of costs, quality of work and meeting schedules. • Familiarity with City design and construction specifications and procedures. • The City's prior experience with the consultant. • Familiarity with the geographical area of the project. • Fee (separate sealed envelope). The ultimate consultant selections shall be based upon both technical merit and cost competitiveness. THE CITY'S AFFIRMATIVE ACTION PROGRAM The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. The attached "Certification of Non- Discrimination by Contractors" shall be completed by each submitting firm and included in the proposal (Attachment "B"). 25B-45 EXHIBIT B FEE SCHEDULE 25B-46 Fee Schedule On Call Contract for Landscape Architectural Consultant Services February 4, 2009 25B-47 City of Santa Ana - On-call landscape architectural services DF.SIG!~i CROUP ATTACHMENT "A" ANNUAL LANDSCAPE ARCHITECTURAL SERVICES CONTRACT CONSULTANT RATE COMPARISON FORM Consultant shall complete this form and include it along with the comprehensive fee schedule in the sealed fee envelope. This comparison is based upon services required for approximately one plan sheet each for landscape architectural design services including specifications and cost estimate for the following sample project: Design of a new 2500 sf landscaping and irrigation area for Santa Ana Zoo front entrance area. The sample plan and profile sheets shall be at '/":1' and conform to all requirements detailed in this RFP. On a separate sheet of paper, please provide a detailed scope of work for the tasks required to complete this sample project. This form will be used for fee comparison purposes only. Description of Consultant Test or Services Unit Quantity Unit Cost Total Survey Three person survey crew Hours 6 $ 280.00 $ 1,6go.oo Design and Draft Plans Principal Landscape Architect Hours s $ 145.00 $~2s.oo Senior Landscape Architect Hours N/A $ N/A $ N/A Project Landscape Architect Hours 60 $ lls.oo $ 6,900.00 Draftsperson Hours so $ as.oo $ 2,sso.oo Word Processor Hours g $ ss.oo $ 4ao.oo Hours $ ~ $ The sample man-hours estimate for planting and irrigation design is based on a estimated construction budget to $50,000.00. We anticipate an entry area for the Santa Ana Zoo will have larger container specimen plant materials, as well as accent/exotic species of plants. The man-hours estimate does not include as-builts, bidding, construction administration, or any subconsultant services expect the noted 3-person survey crew. 1 25B-48 City of Santa Ana - On-call landscape architectural services DESIGN OU I. SCOPE OF WORK PHASE I - RESEARCH/ANALYSIS A. Meet with City of Santa Ana Staff to discuss project goals, potential elements, and project time frame. B. Commence preparation of aerial mapping and topographic base sheet preparation in digital format (as needed}. Include field survey of existing tree trunks not visible on the aerial photography. C. Review pertinent information regarding this project (Information to be provided by the City of Santa Ana): 1. Boundary and Easement Information 2. Existing "As Built" Irrigation and Electrical Construction Plans 3. Any other available documents D. Conduct site visit, with City staff, to review existing site conditions, including utilities, drainage, topography, easements, physical limitations,ADAaccessibility, external influences, and access. MEETINGS: One (1) Design Tea /City StajJ'Meeting/(1) Site Meeting PRODUCTS: Project Notes, Summaries, Topographic Base PHASE II -CONCEPTUAL PLANS A. Commence preparation of a Conceptual Plan base at 1/4" = 1'- 0" scale. B. Prepare Conceptual Plan exhibit indicating the extent of grading, and proposed elements and amenities. C. Meet with City to present Conceptual Plan for review and discuss suggested refinements. D. Revise Conceptual Plan based upon City comments and direction. E. Commence preparation of Preliminary Budget Estimates based upon average unit cost amounts. F. Meet with City to present the refined Conceptual Plan and Preliminary Budget Estimate. MEETINGS: Two (2) Design Team /City StafJ'Meetings 2 25B-49 Ciry of Santa Ana - On-call landscape architectural services DESIGN P PRODUCTS.• Conceptual Plan Exhibit and Preliminary Budget Estimate PHASE III -CONTRACT DOCUMENTS A. Develop Base Plans at 1/4" = 1'- 0" scale on 24" x 36" in digital format reproducible bond. B. Prepare construction drawings at 1/4" = 1'- 0" scale, 24" x 36" sheets on City standazd title block and title sheet. These documents will encompass: 1. Title Sheet 2. Demolition Plan (if applicable) 3. Grading and Drainage Plan 4. Irrigation Plan 5. Irrigation Details 6. Planting Plan 7. Planting Details 8. Technical Specifications Technical Specifications (Green Book format) will be provided on 8 '/z" x 11" Microsoft Word format for packaging by the City. Standard boiler plate specifications to be provided by City of Santa Ana. C. Prepare an opinion of probable construction cost based on construction documents. D. Submit plans to the City Santa Ana for plan check. Meet with City to review plan check comments. Submit and revise drawings per two (2) City plan check reviews. E. Identify affected utilities and transmit preliminary and final plans to the affected utility agencies with copies of the transmittal letters to the City of Santa Ana as necessary. F. Revise plans per plan check utility agency review and obtain agency signature. G. Obtain final approval and signature from the City of Santa Ana. H. The result of service will consist of demolition, irrigation, and planting plans with required details and specifications for competitive bidding. I. All formal bidding and contract negotiation will be conducted by the City of Santa Ana. J. Preparation of as-builts (construction information provided by general contractor) for signed set of as-built mylazs to be submitted to the City. MEETINGS: One (1) Meeting with City Staff PRODUCTS': Base Plans, Construction Drawings, Technical Spec cations, and Opinion 3 25B-50 City ofSanta Ana - On-call landscape architectural services DESIGN GRO of Probable Construction Costs PHASE IV -Bidding A. Assist the City with the Bidding Process by addressing questions or clarifications with written addenda. B. Attend pre-bid conference, if required. PHASE V -Construction Administration A. Attend pre-construction meeting, if required by City of Santa Ana. B. Attend initial job walk and any subsequent job site meetings if required by City of Santa Ana. C. Review change order requests by City Staff, review contractor change orders and issue recommendations to City Staff for action. D. Attend final walk-through. Prepare final punch list for all required corrections, non- conforming work, and remaining work. E. Attend final inspection if requested by City of Santa Ana. 4 25B-51 City of Santa Ana - On-call landscape architectural services DESI III. ADDITIONAL SERVICES The following items are not a part of the fee identified in the proposal but shall be reimbursable to RJM Design Group, Inc. as follows: 1. Any requested refinements to the plans after authorization to begin Construction Documents shall be completed in accordance with the Standard Hourly Fee Schedule. 2. Additional plans, exhibits, or reports requested by the client in addition to the specific tasks outlined in the Scope of Services shall be completed in accordance with the Standard Hourly Fee Schedule. 3. Additional meetings, as requested, shall be in accordance with the Standazd Hourly Fee Schedule. 4. Coordination, meetings, and plan check review with local utility agencies. Structural engineering, details, and/or calculations. 6. Any additional design elements such as hazdscape, site furniture, signage, berming, bioswales, etc shall be completed in accordance with the Standazd Hourly fee schedule. 7. Agronomic soils testing. 8. Permits, plan check or inspection fees. 25B-52 Ciry of Santa Ana - On-call landscape architectural services D 1 OUP Below is RJM Design Group and our subconsultants hourly rates schedules, this schedule shall be made part of our quote for use in invoicing for Progress payments and for extra work incurred that is not part of the RFP. RJM DESIGN GROUP. INC. PRINCIPAL LANDSCAPE ARCHITECT $145.00 - $165.00 per hour ASSOCIATE LANDSCAPE ARCHITECT $130.00 - $140.00 per hour LANDSCAPE ARCHITECT /PROJECT MANAGER $115.00 - $125.00 per hour JOB CAPTAIN /LANDSCAPE DESIGNER $100.00 - $110.00 per hour CADD TECHNICIAN $ 85.00 - $ 95.00 per hour DRAFTSPERSON $ 70.00 - $ 80.00 per hour WORD PROCESSOR $ 55.00 - $ 65.00 per hour MCE CONSULTANTS PRINCIPAL $176.00 per hour PROJECT MANAGER $132.00 per hour PROJECT ENGINEER $1100.00 per hour PROJECT SURVEYOR $132.00 per hour DESIGN ENGINEER $ 99.00 per hour COMPUTER DRAFTSPERSON ~ $ 77.00 per hour PROJECT ASSISTANT $ 55.00 per hour 3-MAN SURVEY CREW $286.00 per hour 2-MAN SURVEY CREW $232.00 per hour EXPERT WITNESS (TRIAL AND DEPOSITION) $275.00 per hour jITILTTY CONSULTANTS PRINCIPAL $110.00 per hour C~MU GEOTECHNICAL. INC. _ PROJECT ENGINEER OR GEOLOGIST $210.00 per hour ASSOCIATE ENGINEER OR GEOLOGIST $198.00 per hour SENIOR ENGINEER OR GEOLOGIST $176.00 per hour PROJECT ENGINEER OR GEOLOGIST $160.00 per hour STAFF ENGINEER OR GEOLOGIST $144.00 per hour KONSORTUM I PRINCIPAL $188.00 per hour PROJECT ENGINEER $149.00 per hour PROJECT ASSOCIATE $138.00 per hour PROJECT MANAGER $127.00 per hour DESIGNER $105.00 per hour CADD DRAFTING $ 83.00 per hour CLERICAI, $ 66.00 per hour 6 25B-53 City of Santa Ana - On-call landscape architectural services D .SI OUP JAIVIES MICKARTZ. ARCHITECT PRINCIPAL ARCHITECT $138.00 per hour ASSOCIATE ARCHITECT $116.00 per hour AQUATIC DESIGN GROUP. INC. PRINCIPAL $215.00 per hour PROJECT ENGINEER $182.00 per hour SENIOR PROJECT MANAGER -DESIGN $149.00 per hour SENIOR PROJECT MANAGER -CONSTRUCTION $149.00 per hour PROJECT MANAGER -DESIGN $138.00 per hour PROJECT MANAGER -CONSTRUCTION $138.00 per hour CADD TECHNICIAN $110.00 per hour GRAPHICS TECHNICIAN $ 95.00 per hour CLERICAL $ 55.00 per hour Billings for all time and materials and contract extension work shall be in accordance with the level of work performed and will be broken into the categories listed above. Fees will be escalated each August 1st in accordance with any increase in the Consumer's Price Index or other mutually agreed upon cost index, beginning with August 1, 2009. All provisions for fee escalation pertain to all contract extensions and additional work. This agreement may be terminated by either party upon seven ('~ days written notice via registered mail, should the other party fail substantially to perform in accordance with its terms through no fault of others. The Landscape Architect shall be paid his compensation for expenses then due. If a dispute arises under this contract and litigation is instituted, the prevailing party shall be entitled to recover all reasonable attorney fees. Payments will be due and payable on a monthly basis following the completion of any substantial phase of work. Carrying charges for overdue accounts beyond 30 days of billing date are charged at 1-1 /2% of the amount due, compounded monthly. All printing, reproduction, and delivery charges will be invoiced directly by the vendors to you. Should we incur these reimbursable expenses, we will invoice them to you at direct cost plus 15% for handling. 7 25B-54 RJM Design Group Planning and Landscape Architecture 31591 Camino Capistrano San Juan Capistrano, CA 92675 www rjmdesigngroup.com 25B-55 AGREEMENT FOR PROVISION OF ON-CALL SERVICES LANDSCAPE ARCHITECT AND ENGINEERING THIS AGREEMENT, made and entered into this 2°d day of March, 2009 by and between Lynn Capouya, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of engineering and landscape architecture for the purpose of preparing construction documents. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform engineering and landscape architecture services on an on-call basis, as set forth in City's Request for Proposals dated January 7, 2009, attached as Exhibit A to this Agreement, and incorporated by reference. Said services will be provided by Consultant personnel and sub consultants as set forth in Consultant's Proposal dated February 4, 2009, on file at the Santa Ana Public Works Agency. In providing such services, Consultant shall comply with the City's CADD standards. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be the President or his/her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 25B-56 3. DELIVERY OF WORK PRODUCT -OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $300,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City shall retain fifteen percent (15%) of the contract price for each project until the completed Project has been accepted by City. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 5. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 14, below. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and 25B-57 wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 25B-58 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If 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 indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, 4 25B-59 through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 facsimile (714) 647-6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-5635 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-6515 To Consultant: Lynn Capouya, Inc. 17992 Mitchell South Irvine, California 92614 Facsimile (949) 756-1635 25B-60 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 25B-61 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. 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, including reasonable costs and attorney's fees, 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. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. /// /// 25B-62 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney LYNN CAPOUYA, INC. LYNN CAPOUYA President 25B-63 REQUEST FOR PROPOSAL ON CALL CONTRACT FOR LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES: CITY OF SANTA ANA PUBLIC WORKS AGENCY SANTA ANA, CALIFORNIA 92702 PROJECT DIRECTOR Souri Amirani Deputy City Engineer Phone (714)647-5640 9 25B-64 REQUEST FOR PROPOSAL ON-CALL CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES GENERAL The City is soliciting proposals from professional landscape architectural firms to provide landscaping design services to prepare contract documents (plans, specifications and "Opinions of Probable Cost") and to provide limited field observation and construction support on an as needed basis. The total amount of each contract shall not exceed $300,000. A detailed scope of work will be outlined when specific project is assigned to a consultant. Upon receiving this Request for Proposal (RFP), consultant shall notify the City regarding its intent to respond to the RFP. From the proposals received, the City will enter into an agreement with the selected firms. The work, in general, consists of general landscape architectural design projects of City owned facilities citywide. The projects may include new site design, construction or retrofitting of existing sites, landscaping, and irrigation systems; and other related projects as required. In addition, City may need mechanical, electrical, aquatic, structural, or geotechnical services for smaller projects. The consultant must be able to assist the City through this contract to provide the services needed. The consultant shall utilize in-house staff and/or sub-consultants satisfactorily to the City to complete the assignments. For specialized work for which the prime consultant will require asub-consultant, the prime consultant shall serve as an administrative liaison between the City and the sub-consultant. The prime consultant mark-up for sub-consultants shall not exceed 10%. The proposal shall be limited to fifteen (15) pages, excluding any appendices material. A cover letter shall summarize key factors and guarantee that key personnel shall be committed to perform the required tasks throughout the duration of the contract. A fee schedule described in the section "Supplied to Offeror" is to be included. PROPOSED SCOPE OF SERVICES In general, the Consultants shall perform landscape architectural design and site planning services resulting in contract documents (plans, specifications and cost estimates) for various projects on an as-needed basis. The Consultants shall also provide all field survey work required to complete the designs. The Consultant's services shall include, but not be limited to, the following: 1. Research existing utility company and City records and coordinate proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. All survey field notes shall be submitted to the City and shall become property of the City upon completion of the project. 3. Assess and incorporate all design criteria and construction requirements conforming to the City of Santa Ana and other governmental agency requirements including, but not limited to handicapped requirements, safety provisions, CBC, seismic considerations, orientation, mechanical, electrical, maintenance factors, flood zone requirements, fire and security codes. 4. Complete design of projects including plans, specifications, and "Opinions of Probable Cost". Consultant shall contact manufacturers and/or contractors to verify these costs prior to submitting to the City. Specifications shall be written in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boiler plate to the Consultants. 10 25B-65 5. All preliminary and bid sets of plans shall be plotted on bond paper. All drawings shall be 24" x 36" on City standard title block and title sheet. 6. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional landscaped architectlengineer in responsible-charge of the project. These signed originals shall then become the property of the City. 7. Upon completion of construction, as-builts shall be submitted to Consultant. Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of as-built mylars shall be submitted to the City with an electronic copy of the final as-built drawings via CD or a-mail. 8. Consultant shall tightly control the quality of the work performed by in-house staff and/or sub-consultants. Incomplete (not meeting targeted % completion) or poor quality work will not be accepted. The consultant shall need to revise the documents within a revised schedule set by the City, which may require overtime. No additional regular or overtime hours shall be approved for the required revisions. 9. Attend meetings with City's staff as required. 10. Coordination with other Agencies as required. 11. Plan check coordination with the City of Santa Ana and other agencies as required. 12. Consultant shall provide construction support and be required to review and approve addenda and clarifications to plans and specifications. Consultant shall attend pre-construction meetings, attend initial job walk, final walk-through and assist with preparation of punch list, and attend final inspection as requested by City staff. CITY RESPONSIBILITIES In general, the City will be responsible for the following items: • Providing copies of available plans and existing documentation on file. • Providing standard City boilerplate spec. • Acting as a liaison with the appropriate decision making bodies. • Furnish electronic design file with City title block and title sheet (24" x 36") • Process plans for governmental agency approvals having jurisdiction over the project and pay for all plan check fees. • Reproduce final Contract Documents for bidding purposes. All reproduction costs prior to bid documents are the responsibility of the consultant. CONTRACT CONSIDERATION Since total actual cost cannot be pre-determined, a fee for each assigned project shall be negotiated. The Consultant shall be paid based upon hourly rates, unit costs or fixed fee for services rendered. PROPOSAL REJECTION The City reserves the right to reject any or all proposals submitted, and is not liable for any pre-contractual expenses: Pre-contractual expenses are defined as expenses incurred by the offeror in: (a) preparing the proposal in response to this RFP; (b) submitting that proposal to the City; (c) negotiating with the City in any matter related to this proposal; (d) any other expenses incurred by offeror prior to date of award, if any, of the contract. Offeror shall not include any such expenses as part of the price as proposed in response to this RFP. 11 25B-66 ACCEPTANCE OF CONTRACT The contents of the proposal of the successful consultants shall become a contractual obligation if a contract ensues. Failure of a consultant to accept this obligation shall result in the cancellation of any awazd. Any damage accruing to the City as a result of a failure to contract may be recovered from the consultant. PRIME CONSULTANT RESPONSIBILITIES The selected consultants shall be required to assume responsibility for all services offered in their proposals. The selected consultants shall be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contracts. DISCLOSURE Any information, other than cost and price, which a consultant does not wish to have disclosed, other than for the purpose of evaluation, should have each applicable sheet or part marked "Confidential" -this data shall not be disclosed or duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the response; provided that: the contract is awazded to this offeror, or as a result of or in connection with the submission of such information, the City shall have the right to duplicate, use or disclose this information to the extent provided in this contract. This restriction shall not limit the City the right to use information contained herein if it is obtained from another source. DELAYS The City reserves the right to delay scheduled dates if it is to the advantage of the City. RULES FOR PROPOSALS The signer of the proposals must declaze in writing that the only person, persons, company or parties interested in the proposal as principals, are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has fully authority to bind the principal proposer. METHOD OF PAYMENT The consultant shall submit a monthly invoice to the City for the service rendered in that month. The invoice shall include a detailed breakdown of the services, project title and limits, the tasks, the hours, and the unit costs or the hourly rates or percentage completed. Monthly payments will be made for work completed during the preceding month, except that no more than 85 percent of the total contract price shall be paid until the work is considered by the City to be 100 percent complete. REGULATIONS The selected consultants shall be expected to comply with all applicable federal, state and local regulations, building codes, and contract provisions. The ensuing contract shall contain such contractual provisions and conditions necessary to define a sound and complete agreement. 12 25B-67 INFORMATION REQUIRED FROM CONSULTANTS Proposals shall be submitted in the format as described below: Organization and Credentials Provide a synopsis of the consultant's qualifications and past experience. Work Plan Provide a narrative rendition of the technical work plan. Show how all required tasks are to be completed. Staffing The consultant shall identify their Project Manager as well as other key personnel to be assigned to the project, their qualifications, education, representative experience, and their capability to explore and resolve problems. Subconsultants Identification is required of any contemplated subconsultants to be used during the project, with the identification of personnel to be assigned, their qualifications, education, and representative experience. SUPPLIED TO OFFEROR The offeror shall furnish a fee schedule for the proposed service. The offeror shall also complete Attachment "A" (Consultant Rate Comparison Form) located at the end of the Request for Proposal and include it with the fee schedule. The fee schedule (3 copies) and Attachment "A" shall be separately bound, sealed, and submitted to the City. The fee schedule shall include the following: A. Hourly rate for each personnel category. B. Any other direct charges. C. Indirect cost or overhead. D. Cost of supplies and materials (itemized). Consultant may submit a revised fee schedule at the beginning of the calendar year for any adjustments to the hourly rates. The City must approve the revised hourly rates in writing prior to the revised rates taking effect. The consultant may be required to submit supporting back-up documentation for the revised fee schedule changes. Total cost for the contract shall not exceed $300,000. 13 25B-68 ADDITIONAL INFORMATION AND COMMENTS The contents under this heading are left to the discretion of the consultant. Material shall be pertinent to the proposal, but not otherwise requested in the 1tFP. CRITERIA FOR SELECTION An evaluation committee appointed by the Executive Director of the Public Works Agency will review the proposals. The criteria for evaluating the proposals submitted will take the following items into consideration: • Experience and reputation of the firm including a verification of data and references. • Experience and credentials of key personnel assigned to the project. • Understanding of project objectives and work tasks as evidenced in the written narratives and oral interview. • Adherence to Schedule: Demonstrate that the present workload of the firm and the availability of staff for the project shall enable staying on schedule. • Consultant's past record of performance in similar projects related to control of costs, quality of work and meeting schedules. • Familiarity with City design and construction specifications and procedures. • The City's prior experience with the consultant. • Familiarity with the geographical area of the project. • Fee (separate sealed envelope). The ultimate consultant selections shall be based upon both technical merit and cost competitiveness. THE CITY'S AFFIRMATIVE ACTION PROGRAM The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. The attached "Certification of Non-Discrimination by Contractors" shall be completed by each submitting firm and included in the proposal (Attachment "B"). 14 25B-69 EXffiBIT B FEE SCHEDULE 15 25B-70 City of Santa Ana February 4, 2009 Fee Proposal Santa Ana Zoo Front Entrance ~ ~ A ~ 25B-71 ~,~ e~~;~, tom. LANDSCAPE A 2 C H I T E C T S ATTACHMENT "A" ANNUAL LANDSCAPE ARCHITECTURAL SERVICES CONTRACT CONSULTANT RATE COMPARISON FORM ~nsaltar~t shall semplete this form and indude it ak3rag~-rith~ fee schedule in the sealed fee envelope. This comparison is based upon services required for approximately one plan sheet each for landscape architectural design services including specifications and cost estimate for the following sample project: Design of a new 2500 sf landscaping and irrigation area for Santa Ana Zoo front entrance area. The sample plan and profile sheets shall be at '/.°:1' and conform to all requirements detailed in this RFP. On a separate sheet of paper, please provide a detailed scope of work for the tasks required to complete this sample project. This form will be used for fee comparison purposes only. Description of Consultant Test or Services Unit Quanti Unit Cost Total Survev Three person survey crew Hours $ 335.00 $ Desian and Draft Plans Principal Landscape Architect Hours 2 ~ 196.00 ~ 392.00 Senior Landscape Architect Hours $ 148.00 Associate Landscape Architect Hours 67 ~ 133.00 $ 8,911.00 Draftsperson Hours 68 $ 90.00 $ 6,120.00 Irrigation Designer Hours 3 ~ 117.00 $ 351.00 Hours $ $ 9 25B-72 ~G~~ ~ ~/~/• LANDSCAPE ARCHITECTS ~ ~ ~ ~ 17992 Mitchell South, Suite i 10, Irvine, CA 92614 p: 949.756.0150 f: 949.756.1635 design~lcapouya.com February 4, 2009 Souri Amirani City of Santa Ana Public Works Agency Santa Ana, CA 92702 Re: Santa Ana Zoo Front Entrance Dear Ms. Amirani We are pleased that you have chosen to consider us for this project. Based upon our conversation, past experiences on similar projects with the City and their requirements, we have identified the following areas to be included in our Scope of Services: 1. 2,500 square feet of landscape area at the Zoo Entrance Our efforts will be directed towards design, construction documentation and field observation for irrigation and planting. Hardscape, Site furnishings/amenities, landscape lighting design and signage are not included in the scope. The work effort is on-grade. We have identified the following tasks, to include in our Scope of Services: TASK 1 - Fieid Investigation/Research/Schematic Design: 1.01 Site Issues/Field Investigation -Investigate/evaluate existing site conditions/elements including existing landscape, grading/drainage conditions, existing irrigation equipment, utilities, etc. Review pertinent Site Information i.e. topography, street improvement plans, utility easement and right of ways, traffic studies and speck and general plan requirements 1.02 Site Planning and Programming -Coordinate with Project Team to review/evaluate planning needs and programming requirements. Assist the Project Team in evaluating and coordination, potential irrigation systems, points of connections, potential grading/drainage issues, circulation, utility conflicts, and lighting and visuaUsound considerations 1.03 Attend a kickoff meeting to review CLIENT goals and objectives and key personnel within the Team and define milestones within the project 1.04 Review Soils Fertility Report to identify potential soils problems and recommended corrective practices and soils amendments 1.05 Review CLIENT and CITY standards and requirements in developing goals and objectives to preparing a cohesive landscape design 1.06 Conceptual Design Plan (Scale: 1"=20') -Prepare acolor-rendered illustrative Conceptual Landscape Plan including Tree, Shrub, Ground Cover areas and plant photos 1.07 Prepare Narrative Description of Landscape Concept 25B-73 City of Santa Ana Santa Ana Zoo Front Entrance February 4, 2008 Page 2 1.08 Preliminary Budget -Prepare Preliminary Statement of Probable Construction Costs 1.09 Assist in one (1) Client Meeting 1.10 Prepare Tree removaUTree protection information 1.11 Allow for one (1) plan revision per Client/City comments 1.12 Attend maximum of one (1) Project design/review meetings (in addition to kick-off meeting) via phone conference TASK 2 - Des[gn Development Phase: 2.01 Revise base files 2.02 Coordination with Architect, Mechanical, Electrical and Civil Engineers to provide on-structure, landscape drain connections to structural slab drains and/or curb drains; and water stub-outs/P.O.C. for irrigation system 2.03 Prepare Preliminary Irrigation layout/coordination 2.04 Prepare Preliminary Planting Plans with major plant material types and locations identified 2.05 Refinement of Statement of Probable Construction Costs 2.06 Prepare Outline specifications in City of Santa Ana format 2.07 Allow for one (1) plan revision per Client comments 2.08 Attend maximum of one (1) Project Team/Client Meeting TASK 3 -Construction Documents: 3.01 Prepare Irrigation Plans detailing automatic irrigation system indicating location and type of backflow prevention, mainlines, laterals, heads, valves, quick couplers and automatic controllers 3.02 Prepare Irrigation Schedules/Calculations and Details 3.03 Prepare Planting Plans identifying plant call-outs and planting details 3.04 Prepare Planting Details 3.05 Prepare finalized technical specification for irrigation, planting and landscape maintenance 3.06 Coordinate utility information with Team 3.07 Implement In-house QA/QC procedures 3.08 Respond to Client comments 3.09 Attendance at a maximum of one (1) project reviewlcoordination meeting 25B-74 City of Santa Ana Santa Ana Zoo Front Entrance February 4, 2008 Page 3 Construction Documents Summary: L-1 Irrigation plan (1"=20') L-2 Irrigation details and calculations L-3 Planting plan (1"=20') L-4 Planting Details • Specifications (City forma#) • Soil testing, evaluation by Wallace laboratories • Arborist Report to be provided by City of Santa Ana if required TASK 4 -Bidding: 4.01 Assist the team in preparation of bid packages 4.02 Attend pre-bid meeting 4.03 Assist response to bidder's RFl's 4.04 Assist in preparing addendums TASK 5 -Construction Administration (6 Site and/or Nursery Visits): 5.01 Attend construction kick-off meeting (1) 5.02 Process product submittals/shop drawings 5.03 Attend periodic construction reviews (allow 2) 5.04 Construction administration meetings (allow 1) 5.05 Assist preparation of change orders 5.06 Assist preparation of RFI's 5.07 Prepare final punchlist prior to commencement of maintenance period (1 visit) 5.08 Review end of maintenance review (1 visit) 5.09 Prepare as-built plans 5.10 Prepare project close out 25B-75 City of Santa Ana Santa Ana 20o Front Entrance February 4, 2008 Page 4 Assumptions: 1. Major existing irrigation equipment will be limited to the coordination of POC's only. LCI makes no acknowledgement to the serviceability of the system. Should a pump be required, LCI will provide pump design information to the engineer for his use in design. 2. Consultant may rely upon all materials provided as a result of request for information from client without independent verification. 3. Client shall provide accurate and complete, electronic base sheets in AutoCAD (ver. 2008 or earlier) to develop landscape drawings showing proposed improvements including building footprints and openings, and survey showing existing improvements including: property lines, topography, easements, curbs, utilities, structures, light poles, paving, tree trunk locations and sizes (diameter at 4' high}, planting areas and Irrigation systems. 4. The project will be designed and implemented in one continuous effort and not separated into multiple bid packages or construction phases. 5. No sub-Consultants are anticipated at this time. Any necessary sub-consultants that are in addition to the contract and will be billed at a factor of 1.10. 6. Client shall provide the standard General Conditions, Special Conditions and Bidd'+ng Instructions to the Specifications. 7. Verbal request to commence each task constitutes approval of prior work. Changes in subsequent work will be considered additional services, documented and billed on an hourly basis. 8. City shall pay all agency fees, permits and assessments. 9. Necessary preparation time and attendance at Public Hearings, Agency Meetings, and Community Outreach are not within this Scope of Services and will be considered an additional service unless otherwise noted. 10. Level of design and construction documentation is based on a landscape budget that shall be established by the City by the end of Schematic Design. 11. All Architectural, Structural, Electrical and Civil Engineering work is not included. 12. The Client will provide all water and electrical points of connections. 13. Assumes LCI to submit electronic files, plus one set of reproducibles to the Client for each submittal. 14. The work effort is on-grade. 15. Specifications will be per City of Santa Ana format, delivered in final form in Word 2003. 16. P.O.C. and available psi from the City are required for the irrigation. The controller requires a 120-volt outlet, which will need to be located inside the building or as required by maintenance. 17. The service of an Arborist have bee excluded from this proposal. FEES: We propose to undertake Tasks 1 through 5 of work for a lump sum fee as follows: Task 1 Field Investigation and Research/Schematic Design $5,431.00 Task 2 Design Development $3,306.00 Task 3 Construction Documents $3,798.00 Task 4 Bidding $665.00 Task 5 Construction Administration $2,574.00 SUB-TOTAL $15,774.00 Estimated Expenses (Allow) $1,575.00 Soils Testing $200.00 TOTAL 517,549.00 25B-76 City of Santa Ana Santa Ana Zoo Front Entrance February 4, 2008 Page 5 Fees for the project will be billed per Master Contract Agreement. We plan to submit these plans to the City of Santa. We appreciate this opportunity to work with you and look forvvard to a successful project. Sincerely, Lynn uya, Pre ' ent LYNN POUYA, INC. A California Corporation LCl/lt Authorized by: Date 25B-77 V I O W H V V a W ~ a y D J g Q U }}}yyy .~. I ~ ~ ~ cgs N ~ M ~, 00 ~~ ~ N' ~ N' M O 69 ~~ Ir C ~ 8 ..:•:•:•: i I ~ I I I I H. 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I ~i ~ :~:~:: , ~ O ~, S ;~ ( I ~ ~I ~ -~- ~:~: ~ ~ ~ $ ~ C ~ N1 W W ~ F- W d el B ~~ g ~ ~ _ ~ a ~~~ ~~W~ ~~ ~ ~ ~ d gf - ~ ~ v m ~; ~ ~ m ~~ w ~ ~ cl ~ cl ~' ~ ' o. ~~~~'~~!~z~f ~l " ~ ~ ~~ $ ~I a ~ E m~ ti I I i 4, a ~ ~I `~ I a I 0 0 o S oI o. ~~.~- -- ~-- I. o: o~ {V !V I IV ~ {V N N W c 0 0 N !0 C a~+ 25B-79 Q f+ l~ o~ rn .- g~ e~i V d V C L ~.+ C W w Q L N c Q J H O ~"' V V a W ~ a a ~~ 0 J g 25B-80 !Q ~ ~ O W N V W a y D .J g R C a y O V c is c W C O L Q N t0 25B-81 r. LANDSCAPE ARCHITECTS ~ ~ ~ IA 2995 AIRWAY AVENUE, COSTA MESA, CA 92626 p: 714.556.2500 f: 714.556.2504 design@icapouya.com fee breakdown City of Santa Ana Santa Ana Zoo Front Entrance 2/4!2009 Labor $5,431.00 Labor $3, 306.00 Expenses Expenses 'mileage (allow) $50.00 'mileage (allow) $50.00 printing & plotting (allow} $200.00 printing 8~ plotting (allow) $200.00 delivery (allow) $0.00 delivery (allow) $25.00 photos/images/scans (allow) $25.00 photos/images/scans (allow) $0.00 TOTAL $5,706.00 TOTAL $3,581.00 Labor $3,798.00 Labor . $665.00 Expenses Expenses *mileage (allow) $50.00 *mileage (allow) $50.00 printing 8 plotting (allow) $300.00 printing & plotting (allow) $100.00 delivery (allow) $25.00 delivery (allow) $25.00 photosCmages/scans {allow} $0.00 photos/images/scans (allow) $0.00 TOTAL $4,173.00 TOTAL $840.00 Labor $2, 574.00 Expenses *mileage (allow) $100.00 Arborist: N.I.C. printing 8 plotting (allow) $300.00 delivery (allow) $25.00 Soils Testing: $200.00 photos/images/scans (allow) $50.00 Total Hours: 140 TOTAL $3,049.00 -• ~ .• ~~ ' milaape to ba paitl >Y arrant LCI rate 25B-82