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_
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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,
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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.
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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
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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.
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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.
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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.
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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.
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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").
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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
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~ ~/~/•
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
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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