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HomeMy WebLinkAbout08 APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR HEIDEMANAgenda Item _______ Reviewed: City Manager _______ Finance Director _______ MEETING DATE: TO: FROM: SUBJECT: JANUARY 16, 2024 NICOLE BERNARD, ACTING CITY MANAGER CHAD W. CLANTON, DIRECTOR, PARKS AND RECREATION APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR HEIDEMAN SCHOOL PARK (CIP No. 20089) SUMMARY Approval of a Consultant Services Agreement between the City of Tustin and NUVIS Landscape Architecture to provide the city with design services and construction documents for the Heideman School Park project (CIP No. 20089). RECOMMENDATION Authorize the Acting City Manager to execute a Consultant Services Agreement with NUVIS Landscape Architecture for the preparation of plans and specifications for the Heideman School Park project (CIP No. 20089) in an amount not to exceed $602,491, subject to any non-substantive modifications as deemed necessary and/or recommended by the City Attorney. FISCAL IMPACT The Heideman School Park project (CIP No. 20089) is funded by a Proposition 68 Statewide Parks Program Grant. The total grant amount for the entire project is $5,687,395. CORRELATION TO THE STRATEGIC PLAN This project advances the following goal of the City of Tustin Strategic Plan: •Goal A. Economic and Neighborhood Development, Strategy 6. Assess and explore opportunities for expanded recreational activities through a joint use school site in Southwest Tustin. BACKGROUND In December 2021, California State Parks announced that the City of Tustin was awarded a Statewide Parks and Program Grant for the design and construction of a joint-use park at Heideman Elementary School. Heideman School Park will provide much-needed outdoor space for the surrounding neighborhood to gather, exercise, celebrate, and relax. Amenities will include a new multipurpose athletic field, playground, restrooms, picnic shelter, sports field and AGENDA REPORT DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 8 walkway lighting, running/walking track, outdoor fitness equipment, a tactile experience garden, and renovated basketball courts. The scope of the design services for this project will be to prepare the plans and specifications necessary to construct the 3.5-acre joint-use park in collaboration with the Tustin Unified School District (TUSD). In January 2022, a Request for Proposals (RFP) was sent to eight local landscape architects with whom either the City or TUSD has had previous experience. Three firms responded to the RFP and the proposals were evaluated using a Qualifications Based Selection process for professional services. Evaluators included staff in the Parks and Recreation and Public Works Departments as well as a TUSD representative from the Maintenance, Operation, and Facilities Division. As a result of this evaluation process, NUVIS Landscape Architecture was rated highest, with substantial consistency between the three evaluators. Their proposal was deemed the strongest in its demonstration of a thorough work plan and significant experience working with municipal agencies and school districts on projects with a similar scope. EVALUATION SUMMARY Total Score Avg. Rating NUVIS 264 88.0 MIG, INC. 250 83.3 David Volz Design, Inc. 246 82.0 Respectfully submitted, Chad W. Clanton Director, Parks and Recreation Services Attachment: Consultant Services Agreement DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 1813844.1 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this day of 2024, by and between the CITY OF TUSTIN, a municipal corporation, hereafter referred to as “City”, and Nuvis Landscape Architecture, a California Corporation, hereinafter referred to as “Consultant”. RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary architectural design services for the preparation of plans and specifications for the Heideman School Park project hereinafter referred to as “Project”; and WHEREAS, Consultant has submitted to City a proposal dated February 28, 2022, a copy of which is attached hereto marked as Exhibit “B” and is by this reference incorporated into this Agreement; and WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires to provide said services to City; and WHEREAS, City desires to retain the services of Consultant for said Project. NOW, THEREFORE, for the consideration and upon the terms and conditions hereinafter set forth, the parties agree as follows: AGREEMENT Section 1: Scope of Consultant’s Services Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in Exhibits “A” and “B” in accordance with the terms and conditions of this Agreement. Section 2: Order of Precedence In the event of a conflict between or among any of the documents comprising this Agreement, the following order of precedence shall govern the provision in question: 1. This Agreement 2. City’s Request for Proposal (Exhibit “A”) 3. Consultant’s Proposal (Exhibit “B”) DocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 1813844.1 Section 3: Time for Completion The time for completion of the work to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to reasonable schedules established by the City for various items described and as outlined within Consultant’s proposal. Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Section 4: Compensation A. The compensation to be paid under this Agreement shall be as set forth in Exhibit “B”, which shall not exceed a total cost of $ 602,491.00. B. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. C. Progress payments for work completed shall be paid by City as the work progresses, within thirty (30) days of the date of Consultant’s invoice. D. Consultant shall provide City with a monthly itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. Section 5: Independent Contractor Consultant’s relationship to City in the performance of this Agreement is that of an independent contractor. Consultant’s personnel performing services under this Agreement shall at all times be under Consultant’s exclusive direction and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, worker’s compensation and similar matters. Section 6: Indemnification Consultant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, DocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 1813844.1 death, or other claim made by any person and from all costs, expenses and charges including attorney’s fees caused by or arising out of Consultant’s, its officers’, agents’, subcontractors’, or employees’ negligent acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law imposes strict liability on Consultant in the performance or failure to perform this Agreement. Notwithstanding the foregoing, and only to the extent that the services performed by Consultant are subject to California Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify the City, its officials, officers, employees, agents and volunteers, shall not apply to the extent that such claims are caused by the sole negligence or willful misconduct of that indemnified party. Section 7: Insurance A. Consultant shall maintain in full force and effect during the term of this Agreement policies of commercial general liability and automobile liability insurance (each of which shall include property damage and bodily injury) and each with limits of at least $1,000,000 combined single limit coverage per occurrence. B. Consultant shall maintain in full force and effect during the term of this Agreement a policy of professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim or per occurrence. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement or to cover claims made within five (5) years of the completion of Consultant’s service under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier, or with an equivalent carrier in the amount required by this Agreement for at least five (5) years after completion of Consultant’s services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on Consultant’s letterhead. C. Consultant shall carry and pay for such workers’ compensation insurance as is required to fully protect Consultant and its employees under California Worker’s Compensation Insurance Law. The insurance company shall agree to waive all rights of subrogation against the City for losses paid under the policy, which losses arose from the work performed by the named insured. DocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 1813844.1 D. Other applicable insurance requirements are: (1) Name the City, its officials and employees as additional insured on the commercial general liability and automobile liability insurance policies. (2) The insurance shall be issued by a company authorized by the Insurance Department of the State of California and rated A, VII (seven) or better (if an admitted carrier) or A-, X (ten) or better (if offered by a surplus line broker), by the latest edition of Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance rated B-, VII (seven) or better, or from the State Compensation fund. (3) The insurance shall not be cancelled, except after thirty (30) days written prior notice to the City; and (4) The commercial general liability and automobile liability insurance shall each be primary as respects the City, and any other insurance maintained by the City shall be in excess of this insurance and not contribute to it. E. Upon execution of this Agreement, Consultant shall provide to City certificates of insurance and insurer endorsements evidencing the required insurance. Insurer endorsements (or a copy of the policy binder if applicable) shall be provided as evidence of meeting the requirements of Subsections (1)(3) and (4) of Section 7D above and the waiver of subrogation requirement in Section 7C above. If self- insured for worker’s compensation, Consultant shall submit to City a copy of its certification of self-insurance issued by the Department of Industrial Relations. Section 8: Termination of Agreement A. City and Consultant shall each have the right to terminate any or all of the services covered by this Agreement at any time or any reason by giving ten (10) business days written advance notice to the other party. B. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. C. Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. of this Section, Consultant shall within ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant’s possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. Section 9: Notice Any notice allowed or required to be given shall be effective upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, upon receipt requested, postage prepaid, addressed as follows: DocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 1813844.1 To City: City of Tustin Attn.: Chad W. Clanton, Director 300 Centennial Way Tustin, CA 92780 To Consultant: Nuvis Landscape Architecture Attn: Perry Cardoza 20250 SW Acacia Street Newport Beach, CA 92660 Section 10: Miscellaneous Provisions A. Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. B. No part of this Agreement may be assigned by Consultant without the prior written approval of City. C. This Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. D. Consultant shall perform all services required under this Agreement using that degree of care and skill ordinarily exercised under similar conditions in similar localities, and shall be responsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. E. Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any application for such employment, because of race, religion, color, sex, or national origin including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. F. This Agreement shall be interpreted in accordance with California Law. The parties agree that the Orange County Superior Court is the exclusive venue for any lawsuits by either party regarding this Agreement. DocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 1813844.1 IN WITNESS WHEREOF, this Agreement was executed by the parties on the date and year first above written. “CITY” City of Tustin By Nicole Bernard, Acting City Manager ATTEST: By Erica Yasuda, City Clerk Date: APPROVED AS TO FORM: By David Kendig, City Attorney /MSD/ “CONSULTANT” Nuvis Landscape Architecture By Title DocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 Exhibit A DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 C I T Y O F T U S T I N 300 Centennial Way, Tustin, California 92780 R E Q U E S T F O R P R O P O S A L S for Professional Consulting Services for the Heideman School Park – Preparation of Plans and Specifications February 2022 PROPOSAL SUBMITTALS: Responses to the Request for Proposals (RFP) are to be submitted to: Chad W. Clanton, Director Parks and Recreation Services Department City of Tustin 300 Centennial Way Tustin, California 92780 No later than 4:00 P.M. on February 28, 2022. Three copies of the proposal shall be submitted in a sealed envelope and marked: “Proposal for Heideman School Park – Preparation of Plans and Specifications.” Proposals received after the specified time will not be accepted and will be returned unopened. Fees shall be provided in a separate sealed envelope. Questions regarding this request will be limited to written form and shall be submitted no later than seven (7) calendar days prior to the deadline for proposal submission. (Verbal inquiries will not be accepted except at site walk-through.) Questions shall be directed to Chad Clanton, cclanton@tustinca.org. INDEX SECTION PAGE I. Project Description 2 II. Schedule of Events 2 III. Scope of Work 2 IV. Proposal Requirements 3 V. General Requirements 5 VI. Consultant Evaluation & Selection Process 7 VII. Administration Specifications 8 Attachments 8 DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 C ITY OF T USTIN Heideman School Park – Plans & Specs. - RFP February 2022 Page 2 I. PROJECT DESCRIPTION The City of Tustin Parks and Recreation Services Department is requesting proposals from design firms for the preparation of Plans and Specifications for Heideman School Park. Robert P. Heideman Elementary School, which is owned and operated by the Tustin Unified School District (TUSD), is located at 15571 Williams Street in Tustin. The school was founded in July 1980 and has approximately three and a half (3.5) acres of active recreation space in the outdoor field area of the campus. The City has been awarded a Statewide Parks Program Grant from California State Parks to design and construct a joint-use public park using the active recreation space at Heideman Elementary School. II. SCHEDULE OF EVENTS February 1, 2022 Issuance of Request for Proposals February 15, 2022 Site Walk-Through at Heideman School, 4:00 P.M. * February 22, 2022 Deadline for written questions. February 28, 2022 Proposals due at Tustin City Hall by 4:00 P.M. March 3, 2022 Consultant Evaluation and Selection Process (est. date) March 15, 2022 City Council Approval of Consultant Contract (est. date) April 1, 2022 Issuance of Notice to Proceed (est. date) * City of Tustin and Tustin Unified School District staff will conduct a non-mandatory site walk- through at Heideman Elementary School for interested proposers on Tuesday, February 15, at 4:00 P.M. III. SCOPE OF WORK Although the City is attempting to identify the limits and services required, this should not unnecessarily limit the Consultant in the development of a scope it believes is necessary to meet the City’s goals and objectives. The Consultant will prepare all necessary onsite and offsite design plans and biddable specifications for the project that will include a natural turf, multi-purpose field with sports lighting, playground, picnic area, restroom/office building, outdoor fitness equipment, exercise loop, a tactile experience garden, perimeter fencing with gates, walkways/trails with passive lighting, security cameras, and basketball courts. The Consultant will also prepare construction cost estimates, earthwork quantities, a detailed topographic survey and map of the site and any necessary surrounding areas including but not limited to utilities, a complete geotechnical investigation, WQMP, SWPPP, hydrology & hydraulics report, any necessary miscellaneous exhibits, and legal descriptions. Additionally, the Consultant shall provide full and all necessary coordination with all affected/required utilities and agencies, including but not limited to preparation of plans and specifications. The Consultant shall provide design DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 C ITY OF T USTIN Heideman School Park – Plans & Specs. - RFP February 2022 Page 3 revisions as needed (e.g. 100% Design Development, 50% and 100% Construction Documents) each accompanied by a cost estimate. During construction Consultant shall provide project management & administration and construction support services including but not limited to construction revisions, responses to RFI’s, review and approval of submittals, review of shop drawings, and development of final record drawings. For a full description of the project, including environmental analysis (CEQA), interested proposers are highly encouraged to review the City of Tustin’s Statewide Parks Program Grant application packet information which can be found at http://www.tustinca.org/heidemanschoolpark. The Consultant is also to meet with City (and TUSD) staff on an as needed, on-going basis. This shall include construction meetings and site visits. IV. PROPOSAL REQUIREMENTS Although the City requires no specific format, this section is intended to provide guidelines to the Consultant regarding features that the City will look for and expect to be included in the proposal. 1. Content & Format The City requests that proposals submitted be organized and presented in a neat and logical format and relevant to these services. Consultant’s proposal shall be clear, accurate, and comprehensive. Excessive or irrelevant material will not be favorably received. Proposals shall contain no more than 10 typed pages using a 10-point minimum font size, including transmittal/offer letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, and graphic exhibits. The purpose of these restrictions is to minimize the costs of proposal preparation and to ensure that the response to the RFP is fully relevant to the project. The proposal should include the following: • Transmittal/offer letter • Page numbering • Index/Table of Contents • Approach • Team organization including an organization diagram and time commitment of key staff • Statement of Qualifications including descriptions of similar projects by key staff to be assigned during the term of the contract • Brief resumes of key staff • Schedule of hourly rates and fees in a separate sealed envelope DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 C ITY OF T USTIN Heideman School Park – Plans & Specs. - RFP February 2022 Page 4 2. Approach A description of the firm’s approach and work program to meet the City’s objectives shall be included. It should explain the firm’s technical approach and methodology, as well as specific tasks and activities, laid out in an estimated timeline that will be performed to address the specific issues and work items. Firms are also encouraged to provide examples of environmental and maintenance friendly design elements that could be incorporated into the project. 3. Team Organization The purpose of this section is to describe the organization of the project team including subconsultants and key staff. A Project Manager and an alternate Project Manager shall be named who shall be the prime contact and be responsible for coordinating all activities with the City. An organization diagram shall be submitted showing all key team members and illustrating the relationship between the City, the Project Manager, key staff, and subconsultants. There also should be a brief description of the role and responsibilities of all key staff and subconsultants identified in the team organization. 4. Statement of Qualifications The information provided in this section should describe the qualifications of the firm and key staff in performing projects within the past ten (10) years that are similar in scope and size to demonstrate competence to perform these services. In particular, direct experience with the following are highly preferred: • Municipalities • Public school districts • California Division of the State Architect • California Department of Parks and Recreation, Office of Grants and Local Services • Management of multiple subconsultants The projects listed should be those that the key staff named for this project were responsible for performing. Information shall include: • Names of key staff that participated on named projects and their specific responsibilities • The client’s name, contact person, addresses, and telephone numbers • A brief description of type and extent of services provided • Completion dates (estimated, if not yet completed) • Total costs of the projects There should be included in the section brief resumes of key personnel who will provide these services demonstrating their qualifications and experience. Resumes DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 C ITY OF T USTIN Heideman School Park – Plans & Specs. - RFP February 2022 Page 5 should highlight education, relevant experience, licenses, and specific responsibilities for services described. 5. Fee Proposal Compensation for services provided shall be based upon the Consultant’s detailed fee proposal to furnish the services detailed in their proposal. A Fee Proposal shall be submitted in a separate, sealed envelope and marked as “Fee Proposal” along with the name of the project. A work program together with a breakdown of labor hours by employee billing classification together with the cost of non-labor and subconsultant services shall be included with the fee proposal. The labor breakdown shall be compiled based upon a listing of work tasks that correlates with the Consultant’s defined scope of work for the project proposal. This information will be used by the City staff to evaluate the reasonableness of the fee proposal and may be used in negotiating the final fee amounts for the contract agreement. The fee proposal of the three (3) top ranked Consultants will be opened at the conclusion of the Consultant evaluation and selection process. Fees will not be used to determine the ranking of the Consultants. The Fee Proposals of those Consultants not ranked in the top three (3) will be returned to them unopened upon Award of Contract to the selected Consultant. The City will negotiate the final fee with the top ranked Consultant. Reimbursable expenses shall not be allowed unless negotiated prior to a contract. Price escalations during the contract term are disfavored and will not be allowed unless negotiated prior to execution of contract. Although no public meetings are anticipated, the fee proposal shall include a unit cost for a public meeting (eg, $/public meeting) in the event a meeting will be required. The Consultant shall prepare progress billings reflective of the project schedule and the scope of work completed, by line item and description. 6. Statement of Offer & Signature The proposal shall contain a statement that the proposals are a firm offer for a 90- day period and signed by an individual authorized to act on behalf of the firm. DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 C ITY OF T USTIN Heideman School Park – Plans & Specs. - RFP February 2022 Page 6 V. GENERAL REQUIREMENTS 1. Insurance Requirements The Consultant shall furnish with the proposal proof of the following minimum insurance coverage. These minimum levels of coverage are required to be maintained for the duration of the project: A. General Liability and Automobile Liability Coverage - $1,000,000 per occurrence for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general 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. B. Professional Liability Coverage - $1,000,000 per occurrence (note: A “claims made” policy is acceptable). If Consultant provides “claims made” coverage, Consultant shall also agree in writing to either: i. Purchase Tail Insurance in the amount required by the resulting agreement to cover claims made within five (5) years of completion of Consultant’s services under the agreement. ii. Maintain professional liability insurance coverage with the same carrier or with an equivalent carrier in the amount required by the resulting agreement five (5) years after completion of Consultant’s services under this agreement. The Consultant shall provide written evidence of either form by executing the attached letter agreement (Attachment B) on Consultant letterhead. C. Worker’s Compensation Coverage - State statutory limits. Deductibles, Self-Insurance Retentions, or Similar Forms of Coverage Limitations or Modifications, must be declared to and approved by the City of Tustin. The Consultant is encouraged to contact its insurance carriers during the proposal stage to ensure that the insurance requirements can be met if selected for negotiation of a contract agreement. The City shall be named as Additional Insured and no policy may be modified or cancelled prior to thirty (30) days written notice to the City. Certificates of Insurance and insurer endorsements evidencing the required insurance shall be provided. DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 C ITY OF T USTIN Heideman School Park – Plans & Specs. - RFP February 2022 Page 7 2. Standard Form of Agreement The Consultant will enter into an agreement with the City based upon the contents of the RFP and the Consultant’s proposal. The City’s standard form of agreement is included as Attachment A. The Consultant shall carefully review the agreement and include with the proposal a description of any exceptions requested to the standard contract. If there are no exceptions, a statement to that effect shall be included in the proposal. 3. Disclaimer This RFP does not commit the City to award a contract or to pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified Consultant, or to cancel this RFP in part or in its entirety. The City may require the selected Consultant to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from negotiations. 4. Assigned Representatives The City will assign a responsible representative to administer the contract and to assist the Consultant in obtaining information. The Consultant also shall assign a responsible representative (Project Manager) and an alternate, who shall be identified in the proposal. The Consultant’s representative will remain in responsible charge of the Consultant’s duties from the Notice to Proceed through project completion. If the Consultant’s primary representative should be unable to continue with the project, then the alternate representative identified in the proposal shall become the Project Manager. The City’s representative shall first approve any substitution of representatives or subconsultants identified in the proposal in writing. The City reserves the right to review and approve/disapprove all key staff and subconsultant substitution or removal and may consider such changes not approved to be a breach of contract. 5. City Business License A City Business License will be required of the Consultant and any sub-consultants for services under this agreement. VI. CONSULTANT EVALUATION & SELECTION PROCESS The City’s Consultant evaluation and selection process is based upon Qualifications Based Selection (QBS) for professional services. The following criteria will be used in evaluating the proposals using a point value system (100 points) based upon the weighting indicated below: DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 C ITY OF T USTIN Heideman School Park – Plans & Specs. - RFP February 2022 Page 8 1. Approach and work plan to achieve specified city objectives. (25 points) 2. Qualifications and experience of the Project Manager and other key individuals. (40 points) 3. Results of reference checks. (15 points) Reference checks will only be conducted for a short list of firms or the top-rated firm. 4. Clarity of proposal. (10 points) 5. Compliance with proposal requirements including the 10-page limitation. (10 points) The City may elect to interview a short list of qualified firms or to interview only the top-rated firm based upon the proposals submitted for the project. The City staff will negotiate a contract with the best qualified firm for the desired consulting services. Should the City staff be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm shall be formally terminated. Negotiations will then be undertaken with the next most qualified firm. Failing accord with the second most qualified firm, the City staff will terminate negotiations and continue the negotiation process with the next most qualified firms in order of their evaluation ranking until an agreement is reached and a firm is selected and an agreement is executed. Additional information related to the Consultant selection process will be made available in the future once the City has executed this contract. Please refrain from making any verbal inquires or requests for a formal debriefing related to the subject RFP until the City of Tustin completes the ongoing contract process. VII. ADMINISTRATION SPECIFICATIONS A. The City of Tustin’s Rights to Proposals All proposals, upon submission to the City of Tustin shall become its property for use as deemed appropriate. By submitting a proposal, the offer covenants not to make any claim for or have any right to damages because of any misinterpretation or misunderstanding of the specification or because of any misinformation or lack of information. The City of Tustin has the following prerogatives with regard to proposals submitted: - to accept or reject any or all proposals; - to correct any arithmetic errors in any or all proposals submitted; - to utilize any or all the ideas from proposals submitted; - to change the proposal’s due date upon appropriate notification; - to adopt any or all of an offeror’s proposal; and - to negotiate modifications to the scope and fee with selected offeror prior to contract award. DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 C ITY OF T USTIN Heideman School Park – Plans & Specs. - RFP February 2022 Page 9 ATTACHMENTS Attachment A --- Sample Consultant Services Agreement Attachment B --- Grant Application Site Plan Attachment C --- Photos of Heideman School Park Project Site DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 Attachment A DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 1 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this day of 20 , by and between the CITY OF TUSTIN, a municipal corporation, hereafter referred to as “City”, and , a California Corporation, hereinafter referred to as “Consultant”. RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary [engineering or other] services for the [describe project] hereinafter referred to as “Project”; and WHEREAS, City has prepared a Request for Proposal (RFP) dated , a copy of which is attached hereto, marked as Exhibit “A” and is by this reference incorporated into this Agreement; and WHEREAS, in response to City’s RFP, Consultant has submitted to City a proposal dated , a copy of which is attached hereto marked as Exhibit “B” and is by this reference incorporated into this Agreement; and WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires to provide said services to City; and WHEREAS, City desires to retain the services of Consultant for said Project. NOW, THEREFORE, for the consideration and upon the terms and conditions hereinafter set forth, the parties agree as follows: AGREEMENT Section 1: Scope of Consultant’s Services Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in Exhibit “A” and Exhibit “B” in accordance with the terms and conditions of this Agreement. DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 2 Section 2: Order of Precedence In the event of a conflict between or among any of the documents comprising this Agreement, the following order of precedence shall govern the provision in question: 1. This Agreement 2. City’s Request for Proposal (Exhibit “A”) 3. Consultant’s Proposal (Exhibit “B”) Section 3: Time for Completion The time for completion of the work to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to reasonable schedules established by the City for various items described and as outlined within Consultant’s proposal. Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Section 4: Compensation A. The compensation to be paid under this Agreement shall be as set forth in Exhibit “B”, which shall not exceed a total cost of $ . B. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. C. Progress payments for work completed shall be paid by City as the work progresses, within thirty (30) days of the date of Consultant’s invoice. D. Consultant shall provide City with a monthly itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. Section 5: Independent Contractor Consultant’s relationship to City in the performance of this Agreement is that of an independent contractor. Consultant’s personnel performing services under this Agreement shall at all times be under Consultant’s exclusive direction and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 3 security, income tax withholding, unemployment compensation, worker’s compensation and similar matters. Section 6: Indemnification Consultant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by any person and from all costs, expenses and charges including attorney’s fees caused by or arising out of Consultant’s, its officers’, agents’, subcontractors’, or employees’ negligent acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law imposes strict liability on Consultant in the performance or failure to perform this Agreement. Section 7: Insurance A. Consultant shall maintain in full force and effect during the term of this Agreement policies of commercial general liability and automobile liability insurance (each of which shall include property damage and bodily injury) and each with limits of at least $1,000,000 combined single limit coverage per occurrence. B. Consultant shall maintain in full force and effect during the term of this Agreement a policy of professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim or per occurrence. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement or to cover claims made within five (5) years of the completion of Consultant’s service under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier, or with an equivalent carrier in the amount required by this Agreement for at least five (5) years after completion of Consultant’s services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on Consultant’s letterhead. C. Consultant shall carry and pay for such workers’ compensation insurance as is required to fully protect Consultant and its employees under California Worker’s Compensation Insurance Law. The insurance company shall agree to waive all rights of subrogation against the City for losses paid under the policy, which losses arose from the work performed by the named insured. D. Other applicable insurance requirements are: (1) Name the City, its officials and employees as additional insured on the commercial general liability and automobile liability insurance policies. (2) The insurance shall be issued by a company authorized by the Insurance Department of the State of California and DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 4 rated A, VII (seven) or better (if an admitted carrier) or A-, X (ten) or better (if offered by a surplus line broker), by the latest edition of Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance rated B-, VII (seven) or better, or from the State Compensation fund. (3) The insurance shall not be cancelled, except after thirty (30) days written prior notice to the City; and (4) The commercial general liability and automobile liability insurance shall each be primary as respects the City, and any other insurance maintained by the City shall be in excess of this insurance and not contribute to it. E. Upon execution of this Agreement, Consultant shall provide to City certificates of insurance and insurer endorsements evidencing the required insurance. Insurer endorsements (or a copy of the policy binder if applicable) shall be provided as evidence of meeting the requirements of Subsections (1)(3) and (4) of Section 7D above and the waiver of subrogation requirement in Section 7C above. If self- insured for worker’s compensation, Consultant shall submit to City a copy of its certification of self-insurance issued by the Department of Industrial Relations. Section 8: Termination of Agreement A. City and Consultant shall each have the right to terminate any or all of the services covered by this Agreement at any time or any reason by giving ten (10) business days written advance notice to the other party. B. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. C. Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. of this Section, Consultant shall within ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant’s possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. Section 9: Notice Any notice allowed or required to be given shall be effective upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, upon receipt requested, postage prepaid, addressed as follows: DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 5 To City: City of Tustin Attn.: Department Head 300 Centennial Way Tustin, CA 92780-3715 To Consultant: Section 10: Miscellaneous Provisions A. Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. B. No part of this Agreement may be assigned by Consultant without the prior written approval of City. C. This Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. D. Consultant shall perform all services required under this Agreement using that degree of care and skill ordinarily exercised under similar conditions in similar localities, and shall be responsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. E. Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any application for such employment, because of race, religion, color, sex, or national origin including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. F. This Agreement shall be interpreted in accordance with California Law. The parties agree that the Orange County Superior Court is the exclusive venue for any lawsuits by either party regarding this Agreement. DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 6 IN WITNESS WHEREOF, this Agreement was executed by the parties on the date and year first above written. “CITY” CITY OF TUSTIN By Title ATTEST: Erica Yasuda, City Clerk APPROVED AS TO FORM: David Kendig, City Attorney “CONSULTANT” By Title DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 Attachment B DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 Attachment C DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 Project Site Photos View from South East corner View from South West corner DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 View from North West corner View from North East corner DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 Exhibit B DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign Envelope ID: 4B434E77-50D4-40A2-B8AA-CB46C4D750B3 DocuSign Envelope ID: D4EFA658-244A-4CE8-A380-887B4FCE511BDocuSign Envelope ID: 3F89DE3C-AD6F-4A29-850F-483386061E1DDocuSign 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