HomeMy WebLinkAboutDAVID VOLZ DESIGN LANDSCAPE ARCHITECTS, INC.@1A� 0 5 �a21 NSURANCE NOT ON FILE
WORK MAY NOT PROCEED N-2021-095
CLERK OF COUNCIL
DATE:
PWfl U) (�oV I AGREEMENT WITH DAVID VOLZ DESIGN TO PROVIDE
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THIS AGREEMENT is made and entered into on this 20th day of April, 2021 by and between David Volz
Design Landscape Architects, Inc., a California corporation ("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 ("City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
Architectural and Landscape Architectural Design services.
B. Consultant represents that it 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 during the term of this Agreement, the tasks and obligations including
all labor, materials, tools, equipment, and incidental customary work required to fully and adequately
complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference.
The Scope of Services shall include a Schedule for the Delivery of Services, which shall be delivered as
prescribed, beginning upon the City's issuance of a Notice to Proceed.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City,
the rates and charges identified in Exhibit B, where applicable. The total amount to be
expended during the term of this Agreement shall not exceed $50,000.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. 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.
3. TERM
This Agreement shall commence on the date first written above for a one (1) year term, unless
terminated earlier in accordance with Section 15, below.
Page 1 of 8
4. 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 wages, employer's social security taxes, unemployment insurance and similar
taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consuiltant represents and warrants that Consultant has the
legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
6. 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 naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and 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 Contractor'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, with $2,000,000
in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory 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 $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
Page 2 of 8
C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
the Labor Code, Contractor, 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. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant pursuant
to this section:
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 by the City.
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.
iv. Where the amounts or coverage provided by the certificates of insurance provides
coverage greater than those listed by this Agreement, the amounts provided by the
certificates of insurance shall be incorporated by reference into the Agreement.
V. Consultant shall supply City with a fully executed additional insured endorsement.
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 affect Contractor'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.
INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, contractors, 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 death, and claims for property damage, which may arise from the negligent operations
of the Consultant, its subcontractors, agents, employees, or other persons acting on its 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 terms of or
effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for
damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, 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 challenging the validity of this Agreement, or asserting that personal injury,
Page 3 of 8
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. Notwithstanding the foregoing, to the extent
Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnifythe City, its officers, agents, representatives, and employees
against any and all liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in the work product or documents
provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a
minimum period of three (3) years, or for any longer period required by law, from the date of final payment
to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
10. 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, 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.
11, CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
Page 4 of 8
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic information, or
military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other
employment related activities or any services provided under this Agreement. Consultant affirms that it is
an equal opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor,
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 Contractor. 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 or 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 is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
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 Contractors retained by City.
15. 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(s) 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.
Page 5 of 8
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed
a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
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.
18. PROI+ESSIONAL 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 its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
19. 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 fax 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
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
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City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax:714-647-5635
To Contractor:
David Volz, President
David Volz Design Landscape Architect, Inc.
151 Kalmus Dr., Ste. M8
Costa Mesa, CA 92626
Fax:714-641-1323
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
fax, 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.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below 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. The Agreement is the final and complete agreement and any prior or contemporaneous
agreements for similar services between the parties is superseded by this Agreement. This
shall not apply where the Parties are currently engaged and Consultant is providing services
not contemplated by 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.
ATTE
Daisy Gomez
Clerk of the Council
CITY OF SANTA ANA
Kristine Ridge
City Manager
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APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
ByrKim (�• f
Jok
Senior Assistant City Attorney
FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
DAVID VOLZ DESIGN LANDSCAPE
ARCI3ITECTS, INC.
A=
David Volz
President
EXHIBIT A
SCOPE OF SERVICES
David Volz Design will provide construction documents for public
bidding of Santiago Park Gas House Area development plans.
The basis of the design will be the city suppiled program and the
concept plan to be developed in Task 1 below,
Task 1 - Pre -Design
Initial project services will include a site analysis, review of the
preliminary plan and review of background documents. A kick-off
meeting with the city project staff will be held to review initial flnd-
Ings, discuss the project scope, goals and objectives, potential
elements and issues and schedule. The DVD team will facilitate
and lead three (3) concept planning meetings with the Park San-
tiago Neighborhood Association (PSNA) to obtain input and to
finalize a concept plan for this area.
Meetings - Project Kick-off Meeting with city staff
Three (3) Concept Planning Meetings with PSNA
Presentation and review for approval by the
PRCSA
Deliverables - Synopsis of Initial reviews and project schedule
Up to three (3) rendered concept plans for
community review
Final Concept Plan for the area development
Task 2 - Design Development (60% plans)
The park design will be developed based upon the approved con-
ceptual design. The DVD team will undertake Initial engineering,
landscape architectural, and electrical engineering.
Meetings - City Project Team Review Meeting
Deliverables - 50% construction documents, draft technical
specifications, opinion of probable cost, lighting
layouts, photometrics, materials submittal. Also,
site survey and utilities information will be
submitted for city review.
Task 3A - Construction Documents (90% plans)
Construction documents will be updated based upon city guid-
ance after review of Design Development documents. The up-
dated plans will provide detailed engineering, landscape, irriga-
tion and construction layout plans. Plans shall include:
Tustin Branch Treks,
City of Tustin
Los Rios Park City at San Juen Capistrano
Pioneer Road Park,
Cityot Tustin
Hudess Barton Amphitheater. City atyarba Linda
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nesigning ldndscape that create community ... �������������������������������������������������...._ ..
SCOPE OF SERVICES
Los Rios Park, Clty of San Just Capistrano
Hollings kiand Park City of Coulon; Tustin Branch Trails, City of Tustin
Pioneer Road Park Cit of TUatln
Title Sheet
Civil Engineering
• Site Erosion Plan
• Parking lot at Valencia Avenue
• Horizontal and Vertical Control Plan
• Grading and on -site Drainage Plan
• Site Utility Plan
Architectural (Gas House and Restroom)
• Plans Elevations, Electrical, Plumbing details
Structural Engineering Details (Gas House and Restroom)
• Plans, details
• Structural calculations
Landscape Architecture
Site Layout / Construction Plans and Details
(including plumbing)
• Site Sections, as applicable
• Planting Plans/Details/Notes
• Irrigation Plans/Details/Calculations/Notes
Electrical
• Electrical Site Plan to include lighting and electrical outlets
• Photometrics
• Location of panels, switchgear, meters
• Schedules
• Details
Notes, specifications
Meetings - City Project Team Review Meeting
Deliverables - Construction Document submittal (90% and
100%) for plan review by Park, Recreation and
Community Services Agency, Planning and
Building Agency and Public Works Agency. This
Construction Plan set will include technical
specifications and an updated opinion of probable
costs.
Task 3B - Final Construction Documents (100%)
Construction plans, specifications, and estimate will be updated
based upon city reviews. The final design package will be read-
ied for bidding and construction
Meetings - Final Review Meeting with city project staff
Deliverables - Turnover of files for city records and bidding,
Designing landscape that rreate commugiry...
SCOPE OF SERVICES
Task 4 - Bid Advertisement, Construction Administration,
Record Drawings
Assistance During Bidding
DVD will assist the city staff during bidding by answering "Re-
quests for Information" From the potential bidders, preparing
and distributing necessary addendum and assisting with the
bid evaluations
Construction Period Assistance
During construction David Volz Design will attend the pre -con-
struction meeting, review shop drawings and submittals, and
change orders, answer requests for information and make
site visits at key times during construction. DVD will provide
support as -needed to City staff, project manager, general
contractor and the City Inspector. DVD will attend the final
walk through of the project and provide a written final review
of the project.
As -Built Drawings
Once the project construction is complete DVD will prepare
as -built drawings for the city based on red lined plans of field
conditions provided by the construction contractor.
Meetings - Attend meetings as directed by city staff during
bidding and construction.
Deliverables - Provide site reviews, RFI responses, submittal
reviews and general assistance to the city's
construction management team.
Los Rm Park,
City at San Juan Capistrano
Washington Street Mini Perk
City of Diamond Bar
Hedtage Island Pmk, City of Cerritos
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Designing landscape that create community ..,
EXHIBIT B
FEE SCHEDULE
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David Volz Design proposes the following Not to Exceed fee schedule to provide the services Identified in this
proposal. The tasks listed below are offered at a fixed fee for the design services for identified program elements.
The services included in this spread sheet are project management, park design, landscape architecture, and
listed support services.
TASK 1 - PRE DESIGN
A. Landscape Architect - Project Management, Pre
Design
B. Civil Engineering
C. Architectural / Structural Engineering
D. Electrical Engineering
TASK 2 - DESIGN DEVELOPMENT (50% PLANS)
A. Landscape Architect - Project Management,
Design Development
B. Civil Engineering
C. Architectural / Structural Engineering
D. Electrical Engineering
PR
LA
PP
C.T
AD
Total
$220
I $193
I $135
I $121
I $115 I
Hrs
Fee
8
8
8
M122[31]
$ 6,166
$ 5,290
$ 2,523
$ '631
$ 14,510
30 40 40 I 40 I 12 II 162 I $ 25,940
TASK 3A-CONSTRUCTION DOCUMENTS (90%PLANS)
A. Landscape Architect - Project Management,
Construction Documents 32
B. Civil Engineering
C. Architectural / Structural Engineering
D. Electrical Engineering
TASK 3B - FINAL CONSTRUCTION DOCUMENTS
A. Landscape Architect - Project Management, Final
Construction Documents 2
B. Civil Engineering
C, Architectural / Structural Engineering
D. Electrical Engineering
Proposal to Provide Landscape Architectural Services for
Santiago Park Gas House, City of Santa Ana
44 1 42 1 44
Mt-W
$ 17,825
$ 8,503
$ 2,126
$ 54,393
12 II 174 1 $ 27,906
$ 31,223
$ 14,893
$ 3,723
$ 77,745
2 26 I $ 3,992
$ 10,408
$ 4,964
$ 1,241
$ 20,605
2/21/2017
FEE SCHEDULE
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TASK 4- BID ADVERTISEMENT, CONSTRUCTION ADMINSTRATION, RECORD DRAWINGS
A. Landscape Architect - Project Management, Bid 11tt
Advertisement, Construction Administration, 6 6 6 16 14 I 36 I$ 5,684
Record Drawings
B. Civil Engineering $ 2,760
C. Architectural / Structural Engineering $ 1,317
D. Electrical Engineering $ 829
$ 10,090
OPTIONAL:
Site Survey $ 9,545
Geotechnical (LGC Geotechnical) $ 16,675
REIMBURSABLES
Reimbursable expenses, printing, copying, postage, etc. Estimate $ 1,000
where Identified included in proposed fee.
TOTAL PROPOSED DESIGN FEE $ 204,563
ASSUMPTIONS:
1. Subconsultant services, civil engineering and electrical engineering, listed above include administrative mark-
up of 15%.
2. Boundary and property line research if needed will required an additional fee.
Proposal to Provide Landscape Architectural Services for
Santiago Park Gas House, City of Santa Ana 2/21/2017