PROFESSIONAL SERVICES AGREEMENT
[El Modena Park Ball Field Netting Design Services (Bid No. 23-24.10)]
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s _____ day of ____________, 20 23 (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 inducement 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 SIXTEEN THOUSAND FIVE HUNDRED SIXTY DOLLARS and 00/100 ($116,560.00) without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.
c. In addition to the scheduled services to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by City’s Project Manager. In anticipation of such contingencies, the sum of ELEVEN THOUSAND SIX HUNDRED FIFTY-SIX DOLLARS and 00/100 ($ 11,656.00) has been added to the total 2 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 ac ceptable 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 TWENTY-EIGHT THOUSAND TWO HUNDRED SIXTEEN DOLLARS and 00/100 ($128,216.00).
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 required 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, materials 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 employed 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, Public 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 additional 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 a mount stated in Section 2.a, above, 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 applicant 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 employment, 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 employees 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 omission 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, arising out of, or in any way connected with the work or services which are the subject of this Agreeme nt, 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 misconduct 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 performed 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 this 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 damages 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 Agreement 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 web site 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 the 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 during 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.: Mike Salazar 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:
Nathalie Adourian
Senior Assistant 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 resolution, 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
EL MODENA PARK BALL FIELD NETTING DESIGN
REQUEST FOR PROPOSALS (RFP) NO. 23-24.10
PROPOSALS DUE: OCTOBER 19, 2023
TIME: 2:00 PM
The documents contained in this Request for Proposals document are considered to be the invitation and not the full final representation of the documents needed to submit a successful response to the proposal described herein.
Interested proposers should subscribe to receive proposal updates and notifications via the City’s website at:
https://public.govdelivery.com/accounts/CACITYORANGE/subscriber/new as well as emailing [email protected] to be added to the contact list for this specific proposal list in order to receive emailed updates of any revised/additional information and addenda.
It is the responsibility of the interested proposer to request being added to the proposer list and to check the website frequently to look for any additional updates.
Project Name: El Modena Park Ball Field Netting Design Location Address: El Modena Park (555 S. Hewes Street Orange, CA 92869) Contact Name: Nathan Bluhm, Senior Project/Landscape Coordinator Phone Number: 714-532-6491
E-Mail Address: [email protected]
INTRODUCTION:
The City of Orange, a Municipal Corporation, is requesting proposals from qualified professional firms for the design and corresponding preparation of construction documents, plans, specifications and cost estimates for the El Modena Ball Field Netting Design project. The project will also include a comprehensive professional analysis that accurately studies the foul ball trajectory of age-appropriate baseball players for the baseball field at El Modena Park.
COMMUNITY SERVICES DEPARTMENT • 230 E. CHAPMAN AVENUE • ORANGE, CA 92866 Exhibit "A"
PROJECT BOUNDARIES: The site 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.
TIMELINE (APPROXIMATE):
1. Mandatory job walk: October 3, 2023, at 1:30 PM
2. Deadline for questions: October 5, 2023, by 2:00 PM
3. Proposals due: October 19, 2023, by 2:00 PM
4. Presentation to City Council: January 23, 2024
5. Notice to Proceed: TBD
PROPOSAL SUBMISSION AND QUESTIONS:
Provide response to the above REQUEST FOR PROPOSALS on attached Proposal Sheet and return all pages of the Request for proposals (including the scope and specification sections) and references.
Please email any questions you may have to Nathan Bluhm, Senior Project/Landscape Coordinator at [email protected] and [email protected] on or before Thursday, October 5, by 2:00PM.
Proposals must be received on Thursday October 19, 2023 by 2:00 PM at the City of Orange City Clerk’s Office (300 E. Chapman Ave., Orange, CA 92866). Responses may be sent via U.S. Mail or de livered pe rsonally to the ab ove address. Please provide three (3) copies of proposal packets and a separate sealed fee proposal.
PROPOSAL PACKETS MUST BE LABELLED APPROPRIATELY:
RFP 23-24.10 – El Modena Park Ball Field Netting Design Attn: City of Orange, City Clerk’s Office
The City reserves the right to reject any and all Proposals and any item or items therein, and to waive any non-conformity of Proposals with this Request for Proposals , whether of a technical or substantive nature, as the interest of the City may require.
PROJECT DESCRIPTION:
The project will include a foul ball trajectory study and subsequent analysis as necessary to calculate the netting height and span of the protective netting to provide appropriate protection of adjacent homes, park users, street traffic, and parked cars . The project will also include demolition and removal of the existing backstop and provide a new safety netting system along the first and thi rd baselines of the baseball field which may or may not include utilizing the existing light poles. The project should include but not be limited to: new support poles and/or potential use of existing Musco light poles as support system for new netting, safety netting, , and electrical infrastructure for future security cameras.
GENERAL PROVISIONS:
• A mandatory job walk has been scheduled for October 3 , 2023 at El Modena Park located at 555 S. Hewes Street, Orange, CA 92869 at 1:30 PM. • The successful firm shall, at all times, carry valid insurance, which meets all City of Orange insurance requirements as outlined in Attachment No. 1. • All described design work shall be in compliance with the City of Orange Public Works Standard Plans and Specifications, the current edition of the CalTrans “Green Book,” the City of Orange Landscape Standards and Specifications, and City of Orange Par ks Construction Standards.
• 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 elements essential to develop the project, those submitting proposals are advised to perform their own field reconnaissance and include any items which they feel may have been overlooked.
TASK 1 – CONCEPTUAL/PRELIMINARY PLAN
The successful firm is to prepare a Conceptual/Preliminary Plan with schedules and probable construction cost estimates. Consultant services shall include, but not be limited to the following:
• An understanding of the project design program, and the project site and scope. • Understanding and review of available existing record drawings and structural calculations.
The City of Orange will provide to the successful firm all available existing AutoCad/electronic files of the park site.
• Conduct site reconnaissance and site survey to confirm existing conditions and constraints. • A professional analysis that accurately studies the foul ball trajectory of age-appropriate baseball players for the El Modena Baseball Field. 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 support poles and/or potential use of existing Musco LED field lighting poles capable of supporting weight and tension of lights and/or safety netting. • Provide a schedule and timeline showing activity and duration for each task, and relevant milestones.
• Conduct a kick-off meeting and subsequent meetings with City staff. • Prepare conceptual/preliminary plans and support drawings (i.e., section/elevations), and information such as materials boards, etc. as necessary to convey design intent. • Initial Cost Analysis/Estimate
• Provide cost saving alternatives for the City to consider.
PRELIMINARY PLAN REQUIREMENTS:
Preliminary Plan shall include, but not be limited to the following:
• 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. • Name, license number, address and phone number of firm. • Project limits and/or boundaries.
Additional Notes for Task-1:
• The Conceptual/Preliminary plan is subject to criteria as specified within the City of Orange Landscape Standards and Specifications Section III, and Parks Construction Standards Section I - Design Guidelines and Construction Document Preparation. • 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 staff review. Any needed revisions to the plan will be provided at no extra fee. • The design firm is to identify within the fee proposal, the number of City Staff meetings that will be included within the preliminary/conceptual design Task 1. • Placement of all new facilities and improvements including setbacks, and any hardscape and/or paving adjustments for typical pedestrian and maintenance vehicle ingress/egress into and around the new facilities and improvements.
• New landscaping and/or remediation of existing landscape as needed. • A legend that references and clearly identifies, but is not limited to, all perimeter and interior sidewalks, existing structures and buildings, trees, parking area(s), park lighting, seating areas, paving/hardscape areas, fencing/walls and any/all park site amenities.
ESTIMATED COST/VALUE ENGINEERING OF PROPOSED WORK:
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.
TASK 2 - CONSTRUCTION DOCUMENTS (CD) PLAN SET:
The successful firm is to prepare final working drawings (plans, details, schedules, calculations and specifications) for the new improvements as well as any park elements/areas that are to be renovated, to reflect the conclusion s of the City staff review and all approvals. Plans and specifications shall comply with all adopted Federal, State, and local laws, ordinances and codes and shall include the following but not be limited to:
• Cover Sheet
• Grading and Drainage Plans and Details (as necessary) • Construction Plans and Details
• Structural Plans and Details
• Electrical Plans and Details
• Utility Plans and Details (as necessary)
• Irrigation Plans and Details (as necessary)
• Planting Plans and Details (as necessary)
• Specifications
ADDITIONAL NOTES FOR CONSTRUCTION DOCUMENT PLAN PREPARATION:
• Construction documents are to be bid ready, including all general notes and specifications. • The construction documents are to comply with all City of Orange Design Guidelines , Standards, and Specifications, and if applicable, State of California irrigation and City of Orange planting design standards.
• Irrigation plans are to comply with the City’s guidelines for Water Efficient Landscape Ordinance (WELO).
• The construction document plans/sheets are to be drawn no smaller than 1”= 20’ scale.
UPDATED COST/VALUE ENGINEERING OF PROPOSED WORK:
The successful firm is to prepare an updated opinion of probable construction costs for the proposed work based on the final 100% plan set. Cost estimate and value engineering is to be comprehensive and include all reasonable and relevant phases of construction/installation.
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 telephone 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 telephon e 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 team, including any sub consultant positions or sub 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) projects for which the firm has provided a comparable or similar service during 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.
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 will not be limited to price alone. The City will select the most qualified firm on the basis of demonstrated competenc e, 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 consultant services as described within this RFP. While the experience and resources of the successful firm are important, it is critical
that the manager proposed for overall authority 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.
The Selection Committee will make a final choice based on the information submitted, and the successful consultant will execute an agreement for Consultant Design Services with the City of Orange for the completion of this work. Top scoring firms may be required to answer subsequent questions and/or participate in an interview . 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 including 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 reserves the right to revise this RFP prior to the date the proposals are due. Revisions to the RFP will be sent by Addenda to all known participants. The City reserves the right to procure or contract for 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 the 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 conform to all federal, 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 and 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 successful firm all available, existing AutoCAD/electronic files of the El Modena Park site.
RFP 23-24.10 EL MODENA PARK BALL FIELD NETTING DESIGN
Fee Proposal
Date: ___________
Proposal Submitted by:
Company Name: _
Address: _
Phone Number:
E-mail Address:
Contact Name:
Signature of Responsible Officer or Employee Print Name
The stated bid amount below c onstitutes the total dollar amount to perfo rm the work described in the above scope of services to include all that is required to provide the work product and/or install all materials required to complete the work to a p rofessional workmanship standard, and to install and apply all materials per all manufacturer’s specifications and recommendations.
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. Contractor represents that it is experienced in performing the work and will follow professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rul es and regulations and to the best p rofessional standards and practices.
TOTAL BID AMOUNT: (Lump Sum):$_________________________
LIST OF SUBCONTRACTS
A. The undersigned intends to subcontract a portion of this project to the following subcontracts (Note: Refer to Section 2.3 of the Standard Specifications and Section 4100 through 4113 of the California Contract Code for SUBCONTRACT DISCLOSURE
REQUIREMENTS.
NAME OF SUBCONTRACTOR LICENSE BID ITEM NUMBER(s) PERCENT OF
CHECK IF DESCRIBE WORK WHEN $ AMOUNT
AND ADDRESS NO. BID ITEM
SUBBED
SPECIALITY LESS THAN 100% OF WORK
IS SUBBED
BASED ON
BID
AMOUNT
B. The undersigned DOES NOT INTEND to subcontract any portion of this project.
NOTE: The bidder shall check Box A or B as applicable. If the bidder does not check either box, it will be deemed that he has checked Box B.
Signature of the Bidder
$
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has convicted
, has not been
within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Non-collusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section
7106)
To the CITY OF ORANGE – DEPARTMENT OF COMMUNITY
SERVICES
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bi d, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indir ectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, c ompany association, o rganization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Non-collusion Affidavit is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Non- collusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS,
PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any
Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Certification.
The undersigned bidder hereby represents as follows:
That no Councilman, officer, agent, or employee of the City of Orange, is personally interested, directly or indirectly, in the Contract, or the compensation to be paid hereunder:
That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud.
By my signature on this bid I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this bid I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.
Date:
Signature and Title of Bidder
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer and Manager thereof).
NAME OF BIDDER
BUSINESS P.O. BOX
CITY, STATE, ZIP
BUSINESS STREET ADDRESS
(Please include even if P.O. Box is used)
CITY, STATE, ZIP
PLACE OF BUSINESS (Include City & State)
PLACE OF RESIDENCE (Include City & State)
Telephone No. ( ) Fax No. ( )
Licensed in accordance with an Act providing for the registration of Contractors.
LICENSE NUMBER
LICENSE CLASS
Attachment 1: EL MODENA PARK BALL FIELD NETTING DESIGN
Sample Liability Insurance
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 coverage (occurrence Form CG 00 01).
2. Insurance Services Office Form Number CA 00 01 covering Automobile 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 injury, personal injury and pr operty damage. If
Commercial General Liability i nsurance or
other form with a general aggregate limit
is used, either the ge neral aggregate li mit
shall apply separately to this
project/location or the ge neral 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.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such 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 Insured Endorsement (Insurance Services Office, Inc. Form CG 20 10 11 85 or such other form as may be acceptable to the City) to the Contractor’s insurance policy, or as a separate owner’s policy.
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. A ny 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 s hall furnish the City with or iginal certificates of i nsurance 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 w aiver 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 th ese 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 ot herwise modified and cease performance of this Agreement unless otherwise directed by the City. In such a case, the City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting 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 in 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.