MAINTENANCE SERVICES AGREEMENT
[Maintenance Services for Sports Field Maintenance]
THIS MAINTENA NCE SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ______________________, 2023 by and between the CITY OF ORANGE, a mun icipal corporation (“City”) and CSA HOLDINGS, INC., a California Corporation, dba SPORTS FIELD SERVICES (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 fort h in Exhibit “A ,” which is attached hereto and incorporated herein by this 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 service s and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is experienced in performing the work and will follow the highest 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.
The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.
Paul Miller, Park Supervisor (“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 Proje ct Manager (or 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. Total Compensation, Annual Compensation and Fee Schedule.
a. Contractor’s total compensation for all services performed under this Agreement, shall not exceed THREE HUNDRED THOUSAND DOLLARS and 00/100 ($300,000.00) without the prior written authorization of City.
b. The compensation for services performed under this Agreement shall be paid as specified in Exhibit “B.”
c. The above fee shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto and equipment rental, and all related expenses.
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.
2 b. All such invoice s 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 (30) 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, shal l 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. The amendment shall set forth the changes of work, extension of time, and adjustment of the compensation to be paid by City to Contractor.
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.
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 th is 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 a ll 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. Except as otherwise authorized by City’s Project Manager, only the employees of Contractor 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.
3 9. Assignment or Subcontracting . No assignment or subcontracting by Contractor of any part of th is Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has had 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 designee.
10. Term. The term of this Agreement shall be for 4 (four) years, commencing on March 1, 2023, and ending on February 28, 2027.
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 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 amount stated in Section 2.a, above, absent a written amendment to this Agreement.
14. Reserved.
15. Equal Employment Opportunit y. 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 dis ability, or any other basis prohibited by applicable law. Such actions shall include, but n ot be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other fo rms 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 f or employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
4 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 contractor 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 and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all cl aims under worker s’ compensation acts and other employee benefit acts with respect to Contractor’s employees or 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 person s 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 t o 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 Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful 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 judgment 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. Reserved.
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 indemnities 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.
5 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 workers’ 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 insurance: the greater of (1) One Million Dollars ($1,000,000.00) per occurrence. 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 ($1,000,000.00). 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 lo ss 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. 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.
g. 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.
h. 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.
i. 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 6 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.
j. Contractor agrees that in the event of loss due to any of th e 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.
k. 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 Agree ment, 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. Cont ractor 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 Laws/Background.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.
b. 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, t o the extent Contractor’s employees wi ll 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 rates of wages to all such workers and shall comply with all statutory requirements thereunder . Statutory provisions for penalties for failure to comply with prevailing wage laws will be enforced. 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). 7 Additionally, to perform work under this Contract, Contractor must meet all St ate registration requirements and criteria, including project compliance monitoring.
c. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration la ws, 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 immigrati on 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, upon request of City, provide a list of all employees wor king 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 reque st 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.
e. Contractor shall require all subcontractors to make the same representations and warranties as set forth herein.
f. 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.
g. All personnel performing any services to City under this Contract shall possess sufficient experience and security records to perform the work at public facilities. Contractor shall conduct and complete, to City’s satisfaction, sufficient background checks to ensure no personnel performing services under this Contract is listed on the National Sex Offender Public Registry (“NSOPR”). Contractor shall monitor personnel security records to ensure no existing or new employees performing services under this Contract are added to the NSOPR or convicted of any crimes that would disqualify them from adhering to conduct conducive to public safety.
8 h. All costs asso ciated with the documentation and verification required herein shall be borne by Contractor. Contractor shall require all subcontractors to provide the same documentation and verification when hired to perform services under this Contract. City has the right, in its sole and absolute discretion, to reject any employee of Contractor assigned to perform services for City, with or without cause, at the time of such assignment or at any time thereafter, and Contractor shall remove that employee from providing services to City to the extent permitted by law and any applicable collective bargaining agreement. City’s rights under this Article shall not be exercised in an arbitrary or capricious manner, or with the intent of forcing a termination of this Contract
i. Contractor agrees to indemnify and hold City, its officials, 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 sai d 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 writt en, 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 Agreement 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 mail, postage prepaid, to each party at the address listed below. Eit her party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within 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”
Sports Field Services City of Orange
27762 Antonio Pkwy L1-609 300 E. Chapman Avenue
Ladera Ranch CA, 92694 Orange CA, 92866-1591
Attn.: Mannie Adams Attn.: Paul Miller
Telephone: 951-232-2401 Telephone: 714-532-6472
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.
9 [Remainder of page intentionally left blank; 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”
CSA HOLDINGS INC., dba Sports Field CITY OF ORANGE, a municipal corporation Services, a California corporation
*By: By:
Printed Name:
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary Binning, Senior Assistant City Attorney
*NOTE: The 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 the City.
Daniel R. Slater, Mayor
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
SPORTS FIELD RENOVATION
REQUEST FOR PROPOSALS (RFP) NO. 22-23.14
BID DUE DATE: NOVEMBER 3, 2022
TIME: 2:00 PM
The documents contained in this Request for Proposal 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 or proposal described herein.
Interested bidders 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 proposals list in order to receive emailed updates of any revised/additional information and addenda.
It is the responsibility of the interested bidder to request being added to the proposal list and to check the website frequently to look for any additional updates.
Project Name: SPORTS FIELD RENOVATION
Location Address: El Camino Real Park 400 N. Main St. Orange, Ca. 92868 El Modena Park 555 S. Hewes St. Orange, Ca. 92869
Handy Park 2143 E. Oakmont Ave. Orange, Ca. 92867
Hart Park 701 S. Glassell St. Orange, Ca. 92866
McPherson Athletic Center 333 S. Prospect Ave. Orange, Ca. 92869 Olive Park 2841 N. Glassell St. Orange, Ca. 92865
Shaffer Park 1930 N. Shaffer St. Orange, Ca. 92865
Grijalva Park 368 N. Prospect St. Orange, Ca. 92869
Steve Ambriz Memorial Park 611 W. Riverbend Pkwy. Orange, Ca. 92865 Fred Barrera Park 8380 E. Serrano Ave. Orange, Ca. 92869 Belmont Park 4536 E. Via Escola Ave. 92865
Contact Name: Paul Miller, Park Maintenance Supervisor Phone Number: 714-532-6472
E-mail Address: [email protected]
EXHIBIT A
PROJECT DESCRIPTION:
The City of Orange, CA, a Municipal Corporation, requests proposals from qualified Sport Field Renovation/Installation Firms to provide periodic maintenance and renovation work at city sport fields including baseball, softball, football and soccer fields and decomposed granite (DG) walkways throughout various parks; locations of said sport and ball fields are shown within this Request For Proposal (RFP).
GENERAL PROVISIONS:
1. A recommended (Not Mandatory) job walk is scheduled for Tuesday, October 18, 2022 at 9:00 a.m. on the north side of El Camino Real Park, 400 N. Main Street, Orange, CA 92868. A City representative will provide a tour of this facility which is representative of all sports fields in the City. At the conclusion of this tour, the City representative will be available to tour any other City facility listed on this RFP if requested.
2. NOTE: All construction work shall be performed in adherence to the City of Orange Public Works Standard Plans and Specifications (available at the Public Works counter for NON - REFUNDABLE charge of $12.00 ($15.00 if mailed) and the current edition of the “Green Book” for ‘Standard Specifications for Public Works Construction’.
3. Contractor shall, at all times, carry valid insurance, which meets all City of Orange insurance requirements as outlined in Attachment No. 1.
4. Contractor 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.
5. The contractor is responsible for carrying/acquiring all pertinent licenses/permits for accomplishing this work. Contractors bidding for work on this project must hold an active State of California Contractors License; C-27 - Landscape Contractor.
6. All work shall conform to the specifications contained in the RFP and any s ubsequent agreements.
7. Working hours will be per City of Orange ordinance; 7:00 am till 3:30 pm. Weekend work will only take place with permission from the City of Orange.
8. All vehicles used by the contractor are to be identified with door signs (approx. 20” x 16”, magnetic sign okay) or equivalent with the company name and phone number. These need to be visible from both sides of said vehicle.
9. Uniforms: All of contractor’s employees shall wear appropriate uniforms at all times while on duty. Uniforms must have the contractor’s name.
10. Background/Security: All personnel engaged in performance of this work shall be employees of the contractor and as such shall be warranted to possess sufficient experience and security records to perform this work.
SCOPE OF WORK, PROJECT SPECIFICATIONS, and SUBSEQUENT PRICING:
1. Sod cut turf at back radius of baseball/softball infield areas as required, remove elevated grade at back radius, re-grade and install new sod. Roll new sod with 1-ton smooth double drum roller.
Price per square ft.:
2. Regarding over seeding turf areas: Scalp grass areas to a cut height of 3/8 inches. Sweep, rake, and vacuum up the clippings that are generated from the scalping operation . Apply 10 pounds of Perennial Ryegrass seed per 1000 square feet . Seed will be applied using a tow -behind slit seeder. Slit seeder will make two passes on each field, with half of the seed applied in each pass.
The passes of the slit seeder will be approximately perpendicular to each other. Areas where the
slit seeder cannot apply the seed, ex. around trees, valve boxes, obstructions, etc., seed will be applied with handheld spreader at a similar rate as the slit seeded application. After the seed is applied, a cover of approved organic topdressing will be applied over all seeded areas at a rate of 1/8 inch to 1/4-inch thickness.
Price per square ft.:
3. Water, rototill softball/baseball infields (4 in. deep); import and incorporate infield mix (amount may vary depending on conditions); laser grade, water and compact.
Price per square ft.:
4. Import mound clay for pitcher’s mound and batter’s box areas (amount may vary depending on conditions) as required; fill, grade and tamp new material for pitcher’s, batters' and catcher's box areas.
Price per square ft.:
5. Aerate outfield or soccer/football field turf areas by removing half inch (1/2”) diameter by 4 inch (4”) deep cores with an aerator machine at not more than si x inch (6”) spacing. Rake up and remove soil plugs; fertilize turf per City of Orange specifications.
Price per square ft.:
6. Reno thatch back radiuses of infields and base path areas to reduce ‘lips’ in lieu of sod patching per item #1. Sweep and remove all waste.
Price per square ft.:
7. All other work not detailed in this RFP to be at Daily Crew Rate (DCR). Identify size and classification of crew; equipment to be included in DCR pricing.
Price per DCR:
Size, Classification, and Description of Crew:
8. Contractor shall provide a cost for a semi -annual evaluation of all sports fields. At the City’s request, the c ontractor will provide written evaluations each year in March and again in September on every field detailing:
a. Replacing sod
b. Overseeding
c. Importing infield mix
d. Repairing / reconstructing pitching mounds and home plate area e. Aeration
f. Repairing back infield radius
g. Laser grading
h. Other recommendations
**No cost estimations are required in the field evaluations.
Price for March Evals:
Price for October Evals:
9. Renovate Decomposed Granite Walkways
a. Furnish all labor, materials, and equipment for the complete installation of decomposed granite paving and renovation.
b. Binding Material: shall be included in the decomposed granite material and shall be a non-toxic, colorless, odorless, organic binder as distributed by “Stabilizer” , Phoenix Arizona (800) 336-2468 or accepted equal.
c. Grading of trail tread may require implementation of water control/diversion techniques and/or devices.
d. Upon completion of grading operations, compact the subgrade at the required elevation to a relative compaction density of 95%.
e. No material shall be placed in muddy conditions, nor shall any material be placed during or immediately after inclement weather, i.e., rainstorms, etc. f. Prior to placement of crushed granite material, thoroughly combine binder int o granite fines as a concentrated powder, uniformly and thoroughly rototilled to achieve a uniform mixture.
g. Spread crushed granite fine/binder material in lifts no greater than one half inch (1-1/2”). h. Wet and roll each lift to form a uniform, smooth surface with a cross slope of 2%.
Compact each lift to a 95%.
i. Thoroughly clean all areas where work has occurred. Remove from site excess material, debris and rubbish.
Price per square ft.:
SITE PREPARATION:
1. The Contractor is responsible for making himself familiar with all existing site conditions at the City of Orange sports field sites including all ingress/egress access and all amenities that are to be protected, as well as existing landscape spaces that are to be protected in place.
2. The C ontractor is responsible for accurate site layout and elevations of all project amenities/furnishings per approved plans.
3. At the conclusion of each day’s work, the contractor shall remove all tools and equipment from the project site. The project site shall be left each day in a clean, neat and safe condition.
4. If the project site cannot for any reason be left in a safe condition at the end of any day, the contractor will supply temporary barrier fencing during construction. Barrier fencing to be six feet tall chain-link free-standing type. Fencing to surround entire area of construction.
CONSTRUCTION:
1. The Contractor is responsible for any/all demolition and disposal of all trash/debris off site.
2. The Contractor is responsible for all construction, purchase and installation of all amenities and furnishings as called out.
3. All work is to be completed as described.
SPECIAL INSTRUCTIONS:
1. The City reserves the right to reject at any time any or all proposals, or parts thereof, and to waive any variances, technicalities and informalities which do not impair the quality, or performance of the project.
2. The City reserves the right to reject any contractor who they feel does not meet a qualifying work experience or satisfying references.
3. The City reserves the right to reject at any time any or all proposals, or parts thereof, and to waive any variances, technicalities and informalities which do not impair the quality, or performance of the project.
4. All square foot and linear foot totals listed in this RF P, and/or plans are approximate. The contractor is responsible for all measurements (linear and square foot) included in this bidding package and/or approved plans.
5. The contractor is responsible for the repair of any existing site amenities, inside or outside of the facility, including but not limited to: concrete, landscape, storm drain, supply lines, sprinklers, light poles that are damaged during the implementation of this work. Any and all replacement work will be performed to the satisfaction of the City of Orange. Any damages to City or residential property resulting from the contractor’s work shall be repaired or replaced at the contractor’s expense to the satisfaction of the City of Orange.
6. The contractor is required to provide and post appropriate signage directing/redirecting any and all pedestrian traffic in appropriate directions, per City of Orange.
AGREEMENT PROVISIONS:
• The term of this agreement between the City of Orange and the contractor shall be for four (4) years.
• If there are any annual changes in pricing, they shall be shown separately and as a percent (%).
Scope of Work Notes:
• Removals of all waste from sites are to be included in all line item costs as applicable dump fees are the responsibility of the contractor.
• Sod shall be ‘Hybrid Bermuda’ from ‘West Coast Turf”, over seeded in winter months with perennial ryegrass.
• Pitcher’s mound and batter’s box clay shall be per City standard - Stabilizer Ballyard Clay or equal.
• Stabilized DG infield mix shall be per City standard- Angel Mix or City approved equal. • Materials shall not be included in line-item costs. Materials will be charged at cost plus 15%. • All bid items shall reflect the cost of the required labor, administration, equipment and overhead cost necessary to complete each line-item task (material cost shall be excluded f rom line-item cost).
SPECIAL INSTRUCTIONS:
The Sport Field Renovation/Installation 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 selection process. c. Provides the name, title, address, and telephone number of the individual who will negotiate with the City and is authorized to contractually bind the firm.
2. Sport Field Renovation/Installation Firm Information:
a. Legal name of firm and type of organization.
b. Valid California landscape contractors license number. Also include any additional licensing and/or certifications that demonstrate expertise or proficiency for services as described in this RFP.
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 subcontracted positions. Submit team member resumes as an attachment.
g. List of equipment owned by the firm that enables them to provide the renovation/installation work as described within this RFP.
3. Sport Field Renovation/Installation Firm experience and references:
Provide a brief description of five (5) projects for which the firm has provided a comparable or similar, but not limited to, renovation/installation work during the past five years. 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.
f. Budget performance.
g. Ability to meet the established schedule.
h. Key personnel involved.
SELECTION CRITERIA:
Evaluation of the proposals shall be based upon a competitive selection process. The evaluation of proposals will not be limited to price alone. The City will select the most qualified bidder based on demonstrated competence, experience, references, and qualifications for services to be performed.
The City also reserves the privilege of interviewing the top candidates. Competitive selection evaluation criteria will be shown as a ‘% of 100%’ and structured as follows:
1. Responsiveness to the overall request for information within this RFP. (15%) WEIGHT
2. Sport Field Renovation/Installation Firms overall qualifications including but not limited to licensing, insurance, qualifications and capacity of the firm’s employees, key personnel and the ability to provide the necessary equipment needed to provide the work as describe within this RFP.
(20%) WEIGHT
3. The Sport Field Renovation/Installation Firms experience. (25%) WEIGHT
4. References. (15%) WEIGHT
5. Price. (25%) WEIGHT
RFP SUMMARY:
The undersigned as bidder declares that he/she has carefully examined the location of the proposed work, and hereby proposed and agrees, if the proposal is accepted, to do all work required to complete the said work for the price set forth. The undersigned has checked all words and figures inserted in the RFP submittal and understand that the City of Orange will make no allowance for any error or omission on the part of the undersigned. The undersigned has thoroughly read and understood all 6 pages of this RFP.
The CITY OF ORANGE reserves the right, and is hereby granted the right, to reject any and all proposals, to accept other than the lowest proposal, and to waive any informality in the bids.
Authorized Signature___________________________________________________________
Printed Name: ________________________________________________________________
Title: ________________________________________________________________________
Name of Company: _____________________________________________________________
State License Number and Classification Designation: _________________________________
Executed this________day of_________________, 2022 at_____________, California.
MISCELLANEOUS:
The Sport s Field Renovation/Installation 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 Sports Field Renovation/Installation 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.
The City reserves the right to revise this RFP prior to the date the proposals are due. Revisions to the RFP will be sent to all participants. The City reserves the right to procure or contract for work. All proposals submitted in response to this RF P 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 consultants shall be notified of any cancellation or revisions prior to the submittal date. The City also reserves the right to request additional information and/or clarifications regarding any proposals received.
********************************************
TIMELINE (APPROXIMATE):
1. Job walk: October 18, 2022 at 9:00 am.
2. Deadline for questions regarding project/RFP: October 20, 2022 by 2:00 p.m.
3. Proposals due/bid opening: November 3, 2022 by 2:00 p.m.
4. Presentation to City Council: December 13, 2022
5. Notice to Proceed: TBD
PROPOSAL SUBMISSIONS:
Provide responses to the above REQUEST FOR PROPOSAL on attached Proposal Sheet and return all pages of the Request for Proposal (including the scope and specification sections), references, and proposal bond. All ‘Price’ and ‘% increase’ information requested within this Request For Proposal must be completed and provided or else the submitted proposal will be considered incomplete.
Proposals must be received on November 3, 2022 by 2:00 P.M. 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 copies of proposal packets.
Proposal packets must be labelled appropriately:
RFP 22-23.14- SPORTS FIELD RENOVATION
ATTN: City Clerks Office
The City reserves the right to reject any and all Proposals and any item on items therein, and to waive any non-conformity of Proposals with this Request for Proposal , whether of a technical or substantive nature, as the interest of the City may require.
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT
230 E. CHAPMAN AVENUE
ORANGE, CALIFORNIA 92866-1591
(714) 744-7274
Company Name (Bidder)
TO THE CITY COUNCIL OF THE CITY OF ORANGE:
In compliance with the notice inviting bids, plans, specifications and other contract documents for the construction of Bid No. 22-23.14; SPORTS FIELD RENOVATION, the undersigned has carefully examined: the location of the proposed work, character, quality and quantity of work to be performed, conditions to be encountered, materials to be furnished and as to the requirements of the plans, specifications and other contract documents; agrees that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination; and proposes to furnish all labor, materials, tools, and equipment necessary to complete the work in accordance with said plans, specifications and other contract documents at the following unit or lump sum prices set forth in the schedule.
Contractor agrees to commence the work provided within ten (10) days of the date herein above stated and to diligently prosecute completion of the work in the time period agreed to by and between the representatives of the parties.
The undersigned agrees that the foregoing estimate of quantities of work to be done and materials to be furnished are approximate only, being given as basis for the comparison of bids.
The undersigned agrees that the City will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or mis-statement shall be discovered in the estimated quantities, it shall not invalidate this contract or release the undersigned from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefore, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract.
The undersigned agrees that the City shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items of work not separately provided in the proposal shall be considered included in the price bid for other various items of work.
Accompanying this proposal is ($ )
NOTICE: Insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Orange to guarantee that the bidder will, if awarded the contract, promptly execute such contract in accordance with the
proposal and in the manner and form required by the contract documents, and will furnish good and sufficient bonds for the faithful performance of the same.
The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Orange as liquidated damages in case this proposal is withdrawn by the undersigned and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 15 days after the bidder has received written notice of the award of the contract; otherwise, said security shall be returned to the undersigned.
Bidder hereby declares in writing, under penalty of perjury that all employees who will be performing labor, maintenance, delivery, installation or repair, will be those who are legally entitled to live and work in the United States. Further, the bidder as employer agrees to provide documentary proof of such eligibility (when requested by the City of any other authorized entity or agency).
Bids are to be submitted for the entire work. The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage wise the unit price or item total in the City of Orange Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the City of Orange, and that discretion will be exercised in the manner deemed by the City of Orange, to best protect the public interest in the prompt and economical completion of the work. The decision of the City of Orange respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.
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 Proposal. Signing this Proposal 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 other wise 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 Proposal. Signing this Proposal 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 bid, 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 indirectly, 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, organization, 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 Proposal. Signing this Proposal 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 Proposal. Signing this Proposal 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 proposal 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 proposal 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: SPORTS FIELD RENOVATION
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 limit
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 poli cies, 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.
EXHIBIT A
EXHIBIT “B”
COMPENSATION FOR SERVICES
[Beneath this sheet.]
Compensation for CSA HOLDINGS, INC., dba SPORTS FIELD SERVICES Field Maintenance Services
Four-Year Term
March 1, 2023 to February 28, 2027
Year 1: 03/2023 through 02/2024 $75,000.00
Year 2: 03/2024 through 02/2025 $75,000.00
Year 3: 03/2025 through 02/2026 $75,000.00
Year 4: 03/2026 through 02/2027 $75,000.00
EXHIBIT B