PROFESSIONAL SERVICES AGREEMENT
[Hart Park Diamond 1 Field Improvements Services (Bid No. 22-23.22)]
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ________________, 2023 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and VERDE DESIGN, INC., a California corporation (“Contractor”), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducem ent to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are th e subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the busi ness of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provided such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.
Nathan Bluhm, Senior Project/Landscape Coordinator (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.
2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this Agreement, shall not exceed ONE HUNDRED THIRTY-FOUR THOUSAND EIGHT HUNDRED THREE DOLLARS and 00/100 ($134,803.00) without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.
c. In addition to the scheduled services to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by City’s Project Manager. In anticipation of such contingencies, the sum of TWENTY-SIX THOUSAND NINE 2 HUNDRED SIXTY DOLLARS and 60/100 ($26,960.60) has been added to the total compensation of this Agreement. City’s Project Manager may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as City’s Project Manager and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a n Amendment to Agreement approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the City’s Project Manager. Any and all additional work and services performed under this Agreement shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by City’s Project Manager prior to the commencement of such services.
d. The total amount of compensation under this Agreement, including contingencies, shall not exceed ONE HUNDRED SIXTY-ONE THOUSAND SEVEN HUNDRED SIXTY-THREE DOLLARS and 60/100 ($161,763.60).
3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.
c. City will pay Contractor the amount invoiced within thirty-five (35) days after the approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. City’s Project Manager is authorized to approve a reduction in the services to be performed and compensation therefor. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are requ ired under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.
3 6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materi als and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employ ed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, P ublic Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied , to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.
8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.
It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.
10. Time of Completion . Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement within ten (10) days of the Effective Date of this Agreement and diligently prosecute completion of the work in accordance with the time period set forth in Exhibit “A” hereto or as otherwise agreed to by and between the representatives of the parties.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time . Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing 4 at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additio nal costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, ab ove, absent a written amendment to this Agreement.
14. Products of Contractor. The documents, studies, evaluations, asses sments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.
15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applica nt for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employmen t, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents 5 and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s empl oyees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omis sion of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arisin g out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misco nduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgmen t that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.
b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.
d. The indemniti es set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any worker s’ compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability 6 insurance: the greater of (1) One Million Dollars ( $1,000,000) per occurrence ; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.
c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($ 1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.
e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work perform ed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Agreement.
f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of thi s Agreement.
g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.
h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.
i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of 7 professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer pos sesses the aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all d amages resulting therefrom, by way of set -off from any sums owed Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery .
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.
l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.
19. Termination. City may for any reason terminate this Agreeme nt by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.
8 b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the w ebsite of the Department of Industrial Relations ( www.dir.ca.gov/DLSR). Additionally, to perform work under this Agreement, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
c. Contractor represents and warrants that Contractor:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
(3) Has properly maintained, and shall at all times during t he term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times duri ng the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c.
e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.
9 g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.
h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agree ment shall not be compensated.
24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally , by e -mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
Verde Design, Inc. City of Orange
3685 Main Street, Suite 350 300 E. Chapman Avenue
Riverside, CA 92501 Orange, CA 92866-1591
Attn.: Devin Conway Attn.: Nathan Bluhm
Telephone: 408-850-3420 Telephone: 714-744-6491
E-Mail: [email protected] E-Mail: [email protected]
25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.
[Signatures on next page]
10 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
“CONTRACTOR” “CITY”
VERDE DESIGN, INC., a California corporation CITY OF ORANGE, a municipal corporation
*By: By:
Printed Name: Daniel R. Slater, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning, City Attorney
*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolutio n, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.
√
EXHIBIT “A”
SCOPE OF SERVICES
[Beneath this sheet.]
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274 • FAX: (714) 744-7251
COMMUNITY SERVICES DEPARTMENT • 230 E. CHAPMAN AVENUE • ORANGE, CA 92866
REQUEST FOR PROPOSAL (RFP)
Bid No. 22-23.22
HART PARK DIAMOND 1 FIELD IMPROVEMENTS
BID DUE DATE: THURSDAY, FEBRUARY 2, 2023
TIME: 2:00 PM
PROJECT NAME: Hart Park Diamond 1 Field Improvements PROJECT LOCATION: 701 South Glassell Street, Orange, CA 92866
CONTACT: Nathan Bluhm Sr. Project Landscape Coordinator PHONE: (714) 532-6491
EMAIL: [email protected]
INTRODUCTION: The City of Orange, a Municipal Corporation, is requesting p roposals from qualified Professional Design/Engineering Firms to provide design services for baseball field #1 located at Hart Park that may include, but not be limited to , the replacement of the ex isting bac kstop, new hardscape and fencing, replacement of the existing ballfield lights and poles, and installation of new foul ball protection netting.
REQUEST FOR PROPOSAL SUBMISSION:
Provide response to this REQUEST FOR PROPOSAL on attached Sheet and return all pages of the Request for Proposal . Provide three (3) copies of your proposal at time of submission and mark on the sealed package - Bid No. 22-23.22. Proposals must be received by the Office of the City Clerk , City of Orange, 300 E . Chapman Ave. Orange, California, 92866, on or before the deadline of Thursday, February 2, 202 3 at 2:00 p.m.
Exhibit A: Page 1 of 35
RFP Page 2 of 10
TIMELINE (APPROXIMATE):
1. Mandatory Job Walk: January 17, 2023 at 1:30 p.m.
2. Deadline for questions regarding RFP: January 19, 2023 at 12:00 p.m.
3. Proposals due: February 2, 2023 at 2:00 p.m.
4. Interview (if necessary) TBD
5. Presentation to City Council: March 14, 2023
6. Notice to Proceed: TBD
PROJECT BOUNDARIES: The s ite map below represents a general description o f the project boundaries. A more comprehensive description will be identified and established at the mandatory job walk.
HART PARK BASEBALL FIELD 1 SITE MAP
BACKGROUND/PROJECT DESCRIPTION: Located at Hart Park, Field 1 is us ed as a collegiate-level play baseball field. Currently, the City partners with Chapman University and Orange Lutheran High School to maintain this premier field. The intent of this project is to provide foul ball protection to park patrons and the adjacent neighborhood with the installation of new fencing and ball field netting along the first and third base foul lines .
Additionally, the project would include an update to the existing ball field lighting with new light poles and LED fixtures as well as improvements to the surrounding hardscape and backstop as necessary.
Exhibit A: Page 2 of 35
RFP Page 3 of 10
GENERAL PROVISIONS:
1. NOTE: All design work shall be in compliance with the City of Orange Public Works Standard Plans and Specifications, the current edit ion of the CalTrans “Green Book,” the City of Orange Landscape Standards and Specifications , and City of Orange Parks Construction Standards.
2. A mandatory job walk has been scheduled for Tuesday, January 17, 2023 at Hart Park – Field 1, at 1:3 0 pm. The Park is located at 701 S. Glassell Street, Orange CA 92866. Please bring business cards to the job walk.
3. The successful firm shall, at all times, carry valid insurance, which meets all City of Orange insurance requirements as outlined in Attachment No. 1.
4. If applicable, the successful firm shall pay prevailing wages per the current Department of Industrial Relations wage rate (including all scheduled increases) and furnish Certified Payroll Reports for all workdays.
SCOPE OF SERVICES
The following is a general outline of the scope of services to be provided by the consultant.
While it is intended that the following scope include all eleme nts essential to develop the project, those submitting proposals are advised to perform their own field reconnaissance and include any items/opportunities which they feel may have been overlooked. The successful firm is to create an accurate base plan of the overall baseball field area which shall include the existing baseball diamond, all fences/gates/openings, backstop, dugouts, storage areas, field lights, bleachers, hardscape, relevant site amenities, and significant/critical site elevations and topography.
TASK – 1 CONCEPTUAL/PRELIMINARY PLAN:
The successful firm is to prepare a Preliminary Plan and accompanying analysis that shall include, but not be limited to, the following:
• A comprehensive review of the existing site conditions and constraints. • A professional analysis that accurately studies the fou l ball trajectory of age- appropriate baseball players for the H art Park Baseball Field #1. This analysis will serve to determine the required height of the new first and third foul line protective netting.
• New backstop area including fencing and/or netting.
• New first and third foul line protective fencing and/or netting. • New Musco LED field lighting with poles capable of supporting weight and tension of new lights and/or safety netting.
• New hardscape and walkways as necessary.
• Site features that are to be preserved/protected in place. • Initial Cost Analysis/Estimate
Preliminary Plan sheet requirements:
Exhibit A: Page 3 of 35
RFP Page 4 of 10
• Title Page with project title.
• Scale and north arrow.
• Graphic symbols showing existing trees, sh rub, ground cover /turf and general landscape areas.
• A legend that references and clearly identifies, but is not limited to, all perimeter and interior sidewalks /paving areas/pathways, trees , baseball field, parking area, park lighting, bleacher seating areas, fencing/walls and relevant site amenities. • Photo imagery of the proposed backstop, fencing/netting and field lighting. • Name, license number, address and phone number of firm. • Project limits and/or boundaries.
Additional Notes for Task-1:
• The final scale of the finished Conceptual/Preliminary plan will be determined by the City of Orange representative and the design firm.
• The Conceptual/Preliminary plan is subject to City of Orange SMART Committee and staff review. Any needed revisions to the plan will be provided at no extra fee. • The design firm is to identify within the fe e proposal, t he number of City Staff meetings that will be included within the preliminary/conceptual design Task-1. • The successful firm is to prepare an initial cost analysis/estimate of probable construction costs, and provide updated costs and value engineering based on the Preliminary Plan. Value engineering is to be comprehensive and include all reasonable and relevant phases of construction/installation costs. The cost analysis/estimate shall be expressed in two ways;
1) Total estimated cost for the completed project as constructed with new poles with new lights and new safety netting.
2) Total estimated cost for the completed project as constructed with new poles with new safety netting and the ability to support new lighting in the future.
TASK-2 CONSTRUCTION DOCUMENT (CD) PLAN SET:
Note: The successful firm shall only proceed with TASK -2 when directed to do so by the City. The City will direct the design firm to proceed with TASK-2 only after analysis of overall construction costs are determined to be feasible.
The successful firm is to pre pare a Construction Document Plan Set (plans, details, schedules and specifications) based on the final/accepted Preliminary Plan design a nd review for the new improvements as well as any park element s/areas that are to be renovated or repaired. Plans and specifications shall comply with all adopted Federal, State, and local laws, ordinances and codes and may include the following as necessary but not be limited to:
• Cover Sheet
• Grading and Drainage Plans and Details
• Construction Plans and Details
• Architectural and Details
• Structural and Details
Exhibit A: Page 4 of 35
RFP Page 5 of 10
• Electrical and Details
• Utility Plans and Details
• Irrigation Plans and Details
• Planting Plans and Details
• Specifications
Additional notes for Scope of Work and Construction Document plan set preparation:
• CD plans are to be bid-ready, including all general notes and specifications. • The CD plans are to comply with all City of Orange Design Guidelines, Standards and Specifications.
• The CD plans/sheets are to be drawn no smaller than 1” = 20’ scale. • The CD plan set is subject to all City of Orange department reviews. Any needed revisions to the CD plan set will be provided at no extra fee. • The successful firm is to provide the number of meetings with City Staff that will be included within the firm’s fee proposal.
Task 3 – Preparation of Engineers Estimate
The successful firm is to prepare an Engineers Estimate of Probable Construction Costs, and provide updated costing and value engineering that reflects the work as detailed within the CD plan set. Value engineering is to be comprehensive and include all reasonable and relevant phases of construction/installation costs.
SPECIAL INSTRUCTIONS:
The successful firm is to include within this request for proposal the following:
1. A cover letter that conforms to the following:
a. Signed by a person authorized to bind the firm contractually. b. Provides the name, title, address, and tel ephone number of the individual to whom correspondence and other contacts should be directed during the firm’s selection process.
c. Provides the name, title, address, and telephone n umber of the individual who is authorized to contractually bind the firm.
2. Firm Information:
a. Legal name of firm and type of organization.
b. All professional license numbers.
c. Firm location(s) and phone number(s).
d. Date firm established.
e. Number of employees.
f. Name, position, summary of qualifications and related experience, and proposed responsibilities of the firm’s project manager and key personnel on the proposed project t eam, including any sub consultant positions or s ub Exhibit A: Page 5 of 35
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consultant tasks that would be related to this RFP . Submit appropriate team member resumes as an attachment.
3. Firm Experience:
Provide a brief description of three (3) projec ts for which the firm has provided a comparable or simi lar service d uring the past ten years, demonstrating its experience on similar projects to those contemplated in this bid proposal. Include the following:
a. Client name, contact name, and phone number.
b. Project description and location.
c. Dates of the project(s).
d. Description of services provided.
e. Total cost of services provided.
4. Timeline for completion of work for all Tasks.
5. An hourly fee schedule for additional or extra work (to be submitted separately in a sealed envelope with the Fee Proposal Summary).
6. If awarded this contract, the successful firm is to provide a project schedule showing a starting and completion timeline for all phases of work, as well as a projected timeline for construction.
7. All questions, requests for clarification, and comments shall be sent to the City by Email, and must be clearly titled “Written Questions”. All such emails shall be sent to Ashlie Valencia at [email protected] by 12:00 PM on Thursday, January 19, 2023.
SELECTION CRITERIA:
Evaluation of the proposals shall be based on a competitive selection process . Fiscal responsibility is a priority for the City, however the evaluation of proposals w ill not be limited to price alone. The City will select the most qu alified firm on the basis of demonstrated competence, experience, references, and value for services to be performed.
The City also reserves the privilege of interviewing the top candidates.
The successful proposal will demonstrate experience in providing the consultant services as described within this RFP. While the experience and resources of the s uccessful firm are important, it is critical that the manager proposed for overall author ity on the project have extensive relevant experience and capability. The consultant will work effectively with City staff and complete assigned tasks within budget and within the project schedule.
The following criteria shall be used in selecting the firm ultimately chosen for this project:
A. Firm experience and staff qualifications of the specific individuals who will work on the project, as well as experience of any sub consultants working on this project.
B. Demonstrated record of success by the consultant on work previously performed for the City and/or other municipalities or enterprises. Firm’s responsiveness to the overall request for information within this RFP.
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The Selection Committee will make a final choice based on the information submitted, and the successful consulta nt will execute an agreement for Consultant Design Services with the City of Orange for the completion of this work. An interview may be required wit h the top scoring firms. The City of Orange reserves the right to negotiate cost of work within the Request for Proposal.
The following criteria shall be applied to each submittal:
Each Firm is to submit in response to this RFP, a Fee Proposal in a separate sealed envelope along with a copy of an hourly fee schedule (see Attachment A: Fee Proposal Summary)
Note- Each Firm is to include with said Fee Proposal Summary a detailed schedule showing the Firm’s hours/costing that will be dedicated to each Task.
The City reser ves the right to revise this RFP prior to the date the proposa ls are due.
Revisions to the RFP will be sent by Addenda to all known participants. The City reserves the right to procure or contract f or work. All proposals s ubmitted in response to this RFP become the property of the City and are public record. The City reserves the right to delay or cancel, in part or in its entirety, this RFP including, but not limited to: selection schedule, submittal date, and submittal requirements. All known participants shall be notified of any cancellation or revisions prior to the submittal date. The City also reserves t he right to request additional information and clarifications regarding any proposals received.
It is understood that:
1. The successful firm represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The successful firm represents that it is experienced in performing the work and will follow professional standards in performance of the work.
All services provided shall conf orm to all fede ral, state and local laws, rules and regulations and to the best professional standards and practices.
2. At the conclusion of each phase of the project, the successful firm will include a nd submit to the City of Orange, all electronic files in both AutoCAD format as well as PDF.
3. The City of Orange will provide to the successf ul firm all available, existing AutoCAD/electronic files of the Hart Park site.
Deadline to submit questions regarding this pro ject and RFP are due no later than Thursday, January 19, 2023 at 12:00 p.m. All questions should be submitted via email at [email protected].
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Attachment A
FEE PROPOSAL SUMMARY
This page is to be submitted in a separate sealed envelope, along with an additional hourly fee schedule.
The undersigned as bidder dec lares that they have carefully examined the location of the proposed work, and hereby p roposed and agrees, if the proposal is accepted, to do all work required to complete said work for the price set forth. The undersigned has checked all words and figures inserted in the bid submittal, and understand that the City of Orange will make no allowance for any error or omission on the part of the undersigne d. The undersigned has thoroughly read and understood all pages of this RFP.
Task 1 – Preliminary Plan $______________________ (Figures)
Task 2 & 3 – Construction Documents $______________________ And Engineer’s Estimate (Figures)
Total Bid_________________________________ $______________________ (Words) (Figures)
Rates and Fees
Include a separate, additional, hourly schedule that includes Rates and Fees for services that may be considered as extra or additional work, not included in this proposal.
THE CITY OF ORANGE RESERVES THE RIGHT, AND IS HEREBY GRANTED THE
RIGHT, TO REJECT ANY AND ALL PROPOSALS, TO ACCEPT OTHER THAN THE LOWEST BID, AND TO WAIVE ANY INFORMALITY IN THE PROPOSAL.
Authorized Signature_______________________________________________________
Printed Name: ___________________________________________________________
Title: ___________________________________________________________________
Name of Company: _______________________________________________________
State License Number and Classification Designation: ____________________________
Executed this________day of_________________, 2022 at________________, California
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RFP 22-23.22 Sample Liability Insurance (Attachment No. 1.)
Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder, and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability covera ge (occurrence Form CG 00 01).
2. Insurance Services Office Form Number CA 00 01 covering Automobil e Liability, code 1 (any auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injur y, per sonal injury and property damage. If
Commercial General Liability insurance or
other form with a general aggregate limit
is used, either the general aggregate limit
shall apply separately to this
project/location or the general aggregate
limit shall be twice the required occurrence
limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California.
4. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
5. Professional Liability: $1,000,000 per claim.
Any deductibles or self -insured retentions must be declared to an d approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate suc h deductibles or self-insured retentions as respects the City, it officers, officials and employees; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, agents and employees are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Ins ured Endorsement, or such other form as may be acceptable to the City, to the Contractor’s insurance policy, o r as a separate owner’s policy.
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2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials and employees. Any insurance or self-insurance maintained by the City, its officers, officials and employees shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party , except after thirty (30) days’ prior written notice has been provided to the City
The Contractor shall furnish the City with original certificates of insurance and endorsements effecting coverage required by this clause. The endorsements should be on forms acceptable to City. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
All insurance procured and maintained by the Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in the State of California and having a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide.
Contractor shall immediately notify the City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by the City.
In such a case, the City may procur e insurance or self -insure the risk and charge Contractor for such costs and any and all damages result ing therefrom, by way of set -off from any sums owed Contractor.
Contractor hereby agrees to waive subrogation, which any insurer of the Contractor may acquire from the Contractor by virtue of the payment of any loss. The Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation i n favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
The Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.
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