MAINTENANCE SERVICES AGREEMENT
[Electrical Maintenance Services for City Parks]
THIS MAINTENANCE SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s _____ day of __________ ____, 2023 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and ACADEMY ELECTRIC, INC., a California corporation (“Contractor”), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducem ent to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are th e subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the busi ness of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provid ing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.
Paul Miller, Parks Maintenance 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 Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.
2. Compensation and Fees.
a. Contractor's total compensation for all services perform ed under this Agreement, shall not exceed ONE HUNDRED FORTY-SEVEN THOUSAND FIVE HUNDRED TWENTY DOLLARS and 00/100 ($147,520.00) without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.
c. In addition to the scheduled services to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by City’s Project Manager. In anticipation of such contingencies, the sum of FOURTEEN THOUSAND SEVEN HUNDRED FIFTY-TWO DOLLARS and 00/100 ($ 14,752.00) has bee n added to the total 2 compensation of this Agreement. City’s Project Manager may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as City’s Project Mana ger and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a n Amendment to Agreement approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the City’s Project Manager. Any and all additional work and services performed under this Agreement shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by City’s Project Manager prior to the commencement of such services.
d. The total amount of compensation under this Agreement, including contingencies, shall not exceed ONE HUNDRED SIXTY-TWO THOUSAND TWO HUNDRED SEVENTY-TWO DOLLARS and 00/100 ($162,272.00).
3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.
c. City will pay Contractor the amount invoiced within thirty (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, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. City’s Project Manager is authorized to approve a reduction in the services to be performed and compensation therefor. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate l icenses, including a City of Orange business license, at its cost, during the performance of this Agreement.
3 6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any natu re 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 obliga tion whatsoever.
8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.
It is understood by the parties that clerical and other no nprofessional work may be performed by persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.
10. Time of Completion . The term of this Agreement shall be for four (4) years, commencing on July 1, 2023, and ending on June 30, 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, wh y the delay has caused 4 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 Opportunity . During the performance of this Agreement, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law , Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and 5 any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, defa ult, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this 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. 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.
c. The indemniti es set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers ’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any worker s’ compensation benefits unde r 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 ( $1,000,000) per occurrence ; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.
c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($ 1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available 6 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 herein 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. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set -off from any sums owed Contractor.
i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.
j. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for e ach 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 7 this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.
b. 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 laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
(3) Has properly mainta ined, 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 re sponded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
c. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c.
d. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification 8 that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
e. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Section d.
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. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agree ment shall not be compensated.
24. Notice. Except as otherwise provided he rein, all notices required under this Agreement shall be in writing and delivered personally , by e -mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
Academy Electric, Inc. City of Orange
864 South Winthrope Street 300 E. Chapman Avenue
Orange, CA 92869 Orange, CA 92866-1591
Attn.: Donald B. Gentry Attn.: Paul Miller
Telephone: 714-289-9143 Telephone: 714-532-6472
E-Mail: [email protected] E-Mail: [email protected]
9 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.
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
“CONTRACTOR” “CITY”
ACADEMY ELECTRIC, INC., a California CITY OF ORANGE, a municipal corporation corporation
*By: By:
Printed Name: Daniel R. Slater, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Nathalie Adourian
Senior Assistant City Attorney
*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.
√
EXHIBIT “A”
SCOPE OF SERVICES
[Beneath this sheet.]
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE:(714)744-7274 FAX: (714)744-7251
ELECTRICAL MAINTENANCE SERVICES FOR CITY OF
ORANGE PARK FACILITIES
REQUEST FOR BID (RFB) NO. 22-23.39
BIDS DUE: MAY 4, 2023
TIME: 2:00 PM
The documents contained in this Request for Bid document are considered to be the invitation and not the full final representation of the documents needed to submit a successful response to the bid described herein.
Interested bidders should subscribe to receive bid 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 bid 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 bid list and to check the website frequently to look for any additional updates.
Project Name: ELECTRICAL MAINTENANCE SERVICES FOR
CITY OF ORANGE PARK FACILITIES
Location Address: City Parks detailed in Attachment 4
Contact Name: Paul Miller, Park Maintenance Supervisor Phone Number: 714-532-6472
E-Mail Address: [email protected]
PROJECT DESCRIPTION:
The City of Orange, a Municipal Corporation, is requesting bids from qualified Electrical Contractors to p erform regular preventative maintenance on parks electrical panels and other electrical components at various city parks in Orange, CA.
Exhibit A: Page 1 of 40
TABLE OF CONTENTS
INSTRUCTIONS TO BIDDERS .......................................................................... 1
ATTACHMENT NO. 1 – Scope of Work .............................................................. 7
ATTACHMENT NO. 2 – Bid Sheet ..................................................................... 9
ATTACHMENT NO. 3 – Statement of Required Information and Experience ...... 10
ATTACHMENT NO. 4 – Park Inventory ............................................................ 11
ATTACHMENT NO. 5 – Public Contract Code ................................................... 13
ATTACHMENT NO. 6 – Liability Insurance…………………………………………………….14
ATTACHMENT NO. 7 – Bid Bond…………..…………………………………………………….20
ATTACHMENT NO. 8 – General Requirements………………………………………………21
Exhibit A: Page 2 of 40
INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK. The City of Orange, a municipal corporation (herein referred to as the “City”), is requesting bids from qualified companies to provide preventative maintenance, troubleshooting and repair of City managed and maintained electrical facilities to include, but not limited to, community facilities, park buildings (restrooms, community rooms, concession buildings), irrigation pumps and systems, athletic fields and courts electrical and lighting, area and security lighting, distribution panels, sub panels & equipment, and lake electrical distribution/circulation pumps and equipment.
TIME LINE (APPROXIMATE):
1. Pre-Bid Meeting: April 25, 2023 at 10:00 AM
2. Deadline for questions regarding RFB: April 27, 2023 by 12:00 PM p.m. 3. Bids due: May 4, 2023 by 2:00 PM
4. Presentation to City Council: June 13, 2023
5. Notice to Proceed: TBD
2. BID SUBMISSIONS . Provide response to the above REQUEST FOR BIDS on attached Bid Sheet and return all pages of the Request for Bid. Bids must be received on or before May 4, 2023, no later than 2:00 PM and shall be submitted to the Office of the City Clerk , located at 300 E ast Chapman Avenue, Orange, California, 92866. Please provide three (3) copies of bid packets. Fee schedule must be in a separate envelope from bid packet . Faxed or e -mailed bids are not acceptable and will not be considered. Bids received after this deadline will not be considered.
Bid packets must be labelled appropriately:
RFB 22-23.39 ELECTRICAL MAINTENANCE SERVICES FOR CITY OF
ORANGE PARK FACILITIES
Attn: City of Orange, City Clerk’s Office
3. BID INQUIRIES, INSTRUCTIONS AND QUESTIONS. The City representative from whom proposers will receive instructions:
Paul Miller, Park Maintenance Supervisor
[email protected]
230 East Chapman Avenue
Orange, California 92866
714-532-6472
Mr. Miller will hold an optional pre-bid meeting. Please meet Mr. Miller at 10:00 AM on April 25, 2023 at 230 East Chapman Avenue in the City of Orange in the Community Services Conference Room . Proposers are strongly encouraged to attend this meeting and visit sites prior to submitting their bids.
Exhibit A: Page 3 of 40
Questions regarding this Request for Bids (“RFB”) should be directed only to Mr. Miller.
All questions, requests for clarification, and comments must be sent to the City by e- mail, and must be clearly titled “Written Questions”. All such e-mails shall be sent to Paul Miller, Park Maintenance Supervisor, at [email protected]. The City shall not be responsible for its failure to respond to e -mail questions that have not been titled as such, and that have not been sent directly to Mr. Miller. Any interpretation or correction of any part of this RFB will be made only by addendum, issued by Mr. Miller.
4. EXAMINATION OF BID . Each bidder is responsible for examining this RFB, including all attachments hereto, and submitting its bid complete and in conformance with these instructions.
5. REQUIRED INFORMATION . The bidder is required to complete, execute and submit the following as part of the bid submittal:
(a) Bid Sheet attached hereto as Attachment No. 2;
(b) A Statement of Required Information and Experience in the form attached hereto as Attachment No. 3;
(c) A Public Contract Code, Certificate of Non-Collusion Affidavit, and Debarment and Suspension Certification in the form attached hereto as Attachment No. 5; and
(d) Bid Bonds as described in Section 9 below and Attachment No. 7.
6. BONDS.
(a) Bid Bond. Each bidder must submit a 10% Bid Bond with bid package.
(b) Payment Bond . If awarded, this project requires a payment b ond for projects over $25,000. The successful bidder shall submit a Payment Bond to Ashlie Valencia, Administrative Assistant, in Community Services.
7. CERTIFICATE OF INSURANCE. Proof of insurance is not required to be submitted with your bid but will be required prior to the City's award of the contract in accordance with the terms of the written contract attached hereto as Attachment No. 6.
8. QUALIFICATIONS OF BIDDERS . The Contractor shall be registered with Department of Industrial Relations (DIR), State of California per Labor Code Section 177.1(a) at the time of bid. This project is subject to compliance monitoring and enforcement by DIR.
9. MISCELLANEOUS.
1. The contractor shall provide with this proposal a minimum of three (3 ) references of commensurate/equal installation/ electrical work with cities and/or municipalities. References shall represent/include:
Exhibit A: Page 4 of 40
• Work completed within the last five (5) years.
• A description and location of said installation/electrical work. • An approximate cost of said installation/electrical work. • A contact person and phone number to verify installation/electrical work.
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 bids, or parts thereof, and to waive any variances, technicalities and informalities which do not impair the quality, or performance of the project.
4. Existing site amenities (ex. sidewalks, walls, tables, paving, etc.) are to be protected from all construction and painting. Any damage to any existing site amenities will be repaired or replaced at the contractor’s expense to the satisfaction of the City of Orange.
5. The Contractor is to verify all dimensions and conditions at site(s) prior to bid and construction.
6. The Contractor is responsible for inspecting and being aware of all site conditions.
[Remainder of page intentionally left blank]
Exhibit A: Page 5 of 40
ATTACHMENT NO. 1
SCOPE OF WORK
Provide a detailed and systematic site by site program of preventive maintenance at varied levels for critical and non-critical apparatus.
Provide electrical troubleshooting and repairs as required.
Miscellaneous replacement parts, if required, shall be furnished by contractor and installed expeditiously the same day or immediately upon delivery of parts.
A list of parts frequently used for the City’s equipment shall be maintained and updated as required. These parts shall be maintained in stock by the Contractor to facilitate timely repairs and replacements.
All materials shall be charged at cost plus 15%. All invoices/receipts for materials shall accompany invoices for services rendered.
Material costs must be detailed in all invoices.
PROJECT DESCRIPTION
Preventative maintenance: To be performed annually or as directed by City Representative.
Criteria:
Provide service and evaluation on meter mains, buss bars, breakers and switchboard enclosures and operational electrical and mechanical apparatus, and solid state power and control.
Conductors:
Check and evaluate main feeders – underground branch circuits.
Motors:
Running voltage to ground, running voltage to neutral, running voltage phase to phase, and running amperes, megger to ground megger between windings, and grease motors, lube bearings.
Pump and/or Vent Fans:
Running voltage to ground, running voltage phase to phase, and running amperes evaluations, if required.
Wetwell End Switches & Pumps:
Clean and calibrate the transducers. Check and replace leaking, cavitations pumps and bearings. Prime, grease and align.
Exhibit A: Page 6 of 40
Control Panels:
• Tighten all terminal lugs & torque with no Lox
• Check power supply voltage
• Test induction relays
• Test heater block build-up
• Check cooling apparatus
• Replace filters
• Clean soot and scum
• Remove dirt & material buildup
• Check for proper connection of motor leads & perform internal testing
• Perform necessary Infra-red readings
• Exercise circuit breakers
Clean and inspect transformers:
• Tighten all terminal lugs & torque with no Lox
• Check power supply voltage
• Test induction relays
• Test heater block build-up
• Check cooling apparatus
• Replace filters
• Clean soot and scum
• Remove dirt & material buildup
• Check for proper connection of motor leads & perform internal testing
• Perform necessary Infra-red readings
Internal Testing:
• Check and record voltage to motor
• Check motor amperage start up draw
• Inspect relay and starter contacts
• Clean inside control panel
• Calibrate & adjust controllers and transducers as needed
Ground Power Vaults /Ground Sprinkler Solenoid Vaults:
• Level and check drainage
• Re-pigtail aged terminations and weatherproof terminals • Seal and secure vaults
Replacement parts, when required, are not included in this Bid and such parts will be provided by Contractor with City representative’s approval. The Bid shall include rates for emergency and afterhours call-out service, “on call”, for potential emergency situations. Preventative maintenance services shall include one journeyman tech and service truck, tools, and equipment to complete tasks portal to portal.
Exhibit A: Page 7 of 40
BID PROPOSAL NOTE:
All City of Orange utility inventories are estimates only, bidder to verify all quantities.
Parks have a total of 26 main electrical panels and 47 sub electrical panels. The successful bidder awarded the contract to perform the work and services shall be responsible for determining actual quantities, sizes, and costs for providing electrical maintenance services for the City of Orange Park Facilities. Electrical panels in the Park Facilities range from 600 amp, 277/480 Volt, 3 Phase, 4 Wire to 100-amp sub panels. All details are to be confirmed by the bidder.
Exhibit A: Page 8 of 40
ATTACHMENT NO. 2
BID SHEET
NAME OF BIDDER:
_______________________________________________________________________
TOTAL ANNUAL PREVENTIVE MAINTENANCE BID AMOUNT $_________________
* PER PANEL COSTS: $______________________
**HOURLY RATES FOR REPAIRS AND EMERGENCY RESPONSE:
Hourly Rates for Weekdays (Mon-Fri)
$_________________
Hourly Rates for Weekends
$_________________
Hourly Rates for Emergency Service Calls/After Hours
$_________________
Hourly Rates for Holidays
$_________________
List all Annual Holidays recognized by your company:
_______________________________________________________________________
List Hours of Operation and After Hours by your company:
_______________________________________________________________________
* Per Panel Cost may be used by the City to add or subtract panels from the preventative maintenance program.
** Hourly Rates pertain to repair work and emergency responses only and are not included in the preventative maintenance annual cost provided on this Bid Sheet.
Exhibit A: Page 9 of 40
ATTACHMENT NO. 3
STATEMENT OF REQUIRED INFORMATION AND EXPERIENCE
The bidder is required to supply the following information. Additional sheets may be attached if necessary:
1. The bidder shall provide the following:
A. Company Name:
B. Type of Entity (for example, a California corporation):
C. License Number:
D. License Class:
E. License Expiration Date:
2. Number of years experience as a licensed contractor engaged in electrical maintenance work for public agencies: __________
3. List at least three (3) public agencies or contracts for work similar in nature and scope to the work for which this bid is being submitted. Such work or contracts must have been performed or under contract during the past five (5) years.
A. Name: _____________________________________________________________
Address: ____________________________________________________________
City: ____________________________ State: _____________ Zip: ________
Contact: __________________________ Telephone: (_____) _______________
Type of Project: _____________________________________________________
Contract Duration: ___________________ Annual Contract Amount: __________
B. Name: _____________________________________________________________
Address: ____________________________________________________________
City: ____________________________ State: _____________ Zip: ________
Contact: __________________________ Telephone: (_____) _______________
Type of Project: _____________________________________________________
Contract Duration: ___________________ Annual Contract Amount: __________
Exhibit A: Page 10 of 40
C. Name: _____________________________________________________________
Address: ____________________________________________________________
City: ____________________________ State: _____________ Zip: ________
Contact: __________________________ Telephone: (_____) _______________
Type of Project: _____________________________________________________
Contract Duration: ___________________ Annual Contract Amount: __________
4. The Bidder shall check one of the following blank spaces, as the case may be. If the Bidder does not check either box, it will be deemed that he has checked Box A:
A. ____ The undersigned DOES NOT INTEND to subcontract any portion of this project.
B. ____ The undersigned INTENDS to subcontract a portion of this project to the following subcontractors. (Note: Please refer to the Subletting and Subcontracting Fair Practices Act commencing at Section 4100 of the California Public Contract Code for the portion of work for which subcontract disclosure is required with the bid.)
For each subcontractor to be used for the performance of work under this RFB, please identify the name of the subcontractor, the contact person, address and telephone number, a description of the type of work to be performed by each subcontractor , and the percentage that its work represents to the whole:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
Exhibit A: Page 11 of 40
ATTACHMENT NO. 4
PARK INVENTORY
This RFB was prepared to provide electrical maintenance specifications and a bidding program maintenance condition specific to City of Orange Parks Facilities. All City of Orange Parks Facilities herein collectively referred to as "Contract Areas" are listed below.
1. Fred Barrera Park
8380 E. Serrano Ave.
Orange, CA 92869
2. Belmont Park
4536 E. Via Escola Ave
Orange, CA 92865
3. Eisenhower Park
2864 N. Tustin St.
Orange, CA 92865
3a. Eisenhower Lake -
Circulation Pump Equip.
2864 N. Tustin St.
Orange, CA 92865
4. El Camino Real Park
400 N. Main St.
Orange, CA 92868
5. El Modena Basin
4343 E. Jordan Ave.
Orange, CA 92869
6. El Modena Park
555 S Hewes St.
Orange, CA 92869
7. Grijalva Park
368 N. Prospect St.
Orange, CA 92869
8. Grijalva Sports Center
368 N. Prospect St.
Orange, CA 92869
9. Handy Park
2143 E. Oakmont Ave
Orange, CA 92867
10. Hart Park
701 S. Glassell St.
Orange, CA 92866
11. Killefer Park
615 N. Lemon St.
Orange, CA 92867
12. La Veta Park
3705 E. La Veta Ave
Orange, CA 92867
13. McPherson Athletic Facility
333 S. Prospect Ave
Orange, CA 92869
14. Olive Park
2841 N. Glassell St.
Orange, CA 92865
15. Pitcher Park
204 S. Cambridge Ave.
Orange, CA 92866
16. Plaza Park
Orange Plaza
17. Santiago Hills Park
8040 E. White Oak Ridge
Orange, CA 92869
18. Serrano Park
2349 Apache Creek Dr.
Orange, CA 92869
Exhibit A: Page 12 of 40
19. Shaffer Park
1930 N. Shaffer Street
Orange, CA 92865
20. Steve Ambriz Memorial Park
610 Riverbend Pkwy.
Orange, CA 92865
21. Veterans Memorial at Depot Park
100 N. Atchinson St.
Orange, CA 92866
22. Yorba Park
190 S. Yorba St.
Orange, CA 92867
23. Orange Senior Center
170 Olive St.
Orange, CA 92866
Exhibit A: Page 13 of 40
ATTACHMENT NO. 5
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has convicted
, has not been
within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes
No
If the answer is yes, explain the circumstances in the following space.
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Exhibit A: Page 14 of 40
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 Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Non- collusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Exhibit A: Page 15 of 40
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any
Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Certification.
Exhibit A: Page 16 of 40
The undersigned bidder hereby represents as follows:
That no Councilman, officer, agent, or employee of the City of Orange, is personally interested, directly or indirectly, in the Contract, or the compensation to be paid hereunder:
That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud.
By my signature on this bid I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this bid I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.
Date:
Signature and Title of Bidder
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer and Manager thereof).
NAME OF BIDDER
BUSINESS P.O. BOX
CITY, STATE, ZIP
BUSINESS STREET ADDRESS
(Please include even if P.O. Box is used)
CITY, STATE, ZIP
PLACE OF BUSINESS (Include City & State)
PLACE OF RESIDENCE (Include City & State)
Telephone No. ( ) Fax No.( )
Licensed in accordance with an Act providing for the registration of Contractors.
LICENSE NUMBER
LICENSE CLASS
Exhibit A: Page 17 of 40
Attachment 6
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:
Exhibit A: Page 18 of 40
1. The City, its off icers, officials, agents and employees are to be covered as additional insureds w ith 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. Any insurance or self- insurance maintained by the City, its officers, officials and employees shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice has been provided to the City
The Contractor shall furnish the City with original certificates of insurance and endorsements effecting coverage required by this clause. The endorsements should be on forms acceptable to City. All certificates and endorsements are to be received and approved by the City before work commences.
However, failure to do so shall not operate as a waiver of these insurance requirements. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
All insurance procured and maintained by the Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in the State of California and having a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide.
Contractor shall immediately notify the City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by the City. In such a case, the City may 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.
Exhibit A: Page 19 of 40
ATTACHMENT NO. 7
Bond No.__________
CALIFORNIA PUBLIC WORKS
PROPOSAL OR BID BOND
TO WHOM IT MAY CONCERN:
WE, (CONTRACTOR) as Principal,
and (SURETY), a Corporation organized and existing under the laws of the State of and authorized to transact business in the State of California, as Surety, are held and firmly bound unto the CITY OF ORANGE, hereinafter called the Obligee, for the penal sum of Ten Percent (10%) of the Amount of the Bid as described herein and we each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and seve rally, by this Proposal/Bid Bond.
WHEREAS, the Principal is herewith submitting a proposal (bid) for Bid No. 22-23.39 Electrical Maintenance Services For City of Orange Park Facilities
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH that if the Principal shall be awarded the contract, and the Principal does within the period specified therefor, or, if no period be specified, within ten (10) days after the notice of such award, enter into a contract and give bond or bonds as specified in the bidding or contract documents with good and sufficient surety of adequate financial size category rating acceptable to the Obligee for the faithful performance of the contract and for the prompt payment of labor and material furnished in the prosecution thereof , then this obligation shall be null and void. Otherwise the Principal and the Surety will pay to the Obligee the difference in money between the amount of the bid of the Principal and the amount for which the Obligee may legally contract with another party to perform the work if the latter amount be in excess of the former. In no event shall the liability hereunder exceed the penal sum hereof.
SIGNED AND SEALED this ____________ day of _______________________________, 20________.
CONTRACTOR NAME OF SURETY
BY: BY:
SECRETARY/TREASURER ATTORNEY-IN-FACT
BY:
PRESIDENT/VICE PRESIDENT
NOTARY ACKNOWLEDGEMENTS ATTACHED
Exhibit A: Page 20 of 40
ATTACHMENT NO. 8
GENERAL REQUIREMENTS
The Contractor shall comply with the General Requirements described herein including, but not limited to, the following:
G- 1 TERMS AND DEFINITIONS:
A. Agency : The City of Orange, California, also herein called "City".
B. Contract Area: City of Orange Parks Facilities with electrical distribution
C. City’s Representative: Designated person(s) as authorized representative(s) or the contract administrating officer(s) of the City of Orange.
D. The use of the word "Contractor" shall be held to mean the Contractor and/or any person employed by him and working under this contract.
E. The use of the words "shall" and "may" shall be held to mean "Mandatory" and “permissive” respectively.
G-2 AREAS TO BE MAINTAINED:
The City makes no representation about the order or condition of the Contract Area work nor does the City warrant that the Contract Area will be free of defects, either apparent or hidden, at the commencement of, or at any time during the term of contract.
Contract Area sites may include Landscape, hardscape, medians, parkways, slopes, greenbelt areas, recreation trails or open space/natural areas.
An identification of the areas to be maintained is provided in this bid document.
Inventories supplies with this bid package are only approximate and may contain errors. By entering into contract, the Contractor shall be deemed to have agreed to accept the condition of the Contract Area in its "as is" condition with the intent to upgrade or modify existing deficiencies to contract specifications.
G-3 WORKING HOURS:
Normal working hours shall be between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. No Saturday or Sunday work is to be scheduled without permission from the City, or in emergency situations.
Exhibit A: Page 21 of 40
G-4 CONTRACTOR LICENSE:
The successful bidder must possess an active Class C-10 Electrical Contractor license that has been issued by the State of California Contractors State License Board, at the time that the Bid is submitted. Failure to possess the specified license shall re nder the Bid non - responsive.
G-5 CONTRACTOR'S OFFICE:
The Contractor is required to maintain an office within a one (1) hour response time of the job site and provide the office with phone services during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by cellular phone. Contractor shall have a maximum response time of one (1) hour to all emergencies. There will be no on-site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and yard.
G-6 SUPERVISION AND CONTRACTOR PERSONNEL:
The Contractor shall provide sufficient supervisory and working personnel to perform all work in accordance with the specifications set forth herein. The Contractor shall furnish supervisory and working personnel capable of promptly accomplishing on schedule, to the satisfaction of the City, all work required under this contract during the prescribed hours.
The Contractor shall have a competent journeyman level person on the job at all times work is being performed who is capable of communicating effectively both in written and oral English, and discuss matters pertaining to this contract. Supervisor, foreman, and journeymen must be able to demonstrate to the satisfaction of the City that they possess adequate technical background and experience in public facilities electrical maintenance of the type found in the City of Orange. Adequate and competent supervision shall be provided for all work done by the Contractor's employees to ensure accomplishment of high-quality work that will be acceptable to the City. Any order or communication given to the supervisor or on -site journeyman shall be deemed as delivered to the Contractor.
The Contractor and his employees shall always conduct themselves in a proper and efficient manner and shall cause the least possible annoyance to the public. The City m ay require the Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interest of the City.
G-7 REPORTING SAFETY HAZARDS, DAMAGE OR MALFUNCTION AND GRAFFITI:
It shall be the Contractor's responsibility to inspect work sites while performing maintenance or repair work and identify any condition(s), hazards, or potential hazards that render any Contract areas or portion thereof within this contract unsafe, as well as unsafe practices occurring thereon.
Exhibit A: Page 22 of 40
The Contractor shall notify the City immediately of any unusual and/or hazardous conditions in the Contract Area, including but not limited to any damage to, or malfunction of, or any item that creates a hazard or prevents the public's use of City facilities.
G-8 COOPERATION/COLLATERAL WORK:
The Contractor shall recognize that during the course of the contract other activities and operations within the Contract area may be conducted by the City and other contractors. These activities may include but are not limited to: landscape refurbishment, irrigation system modification or repair, construction, emergencies and storm related operations.
The Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the City to cooperate.
G-9 EMERGENCY NUMBERS AND RESPONSE:
The Contractor will provide the City with names and telephone numbers of qualified persons who can be called by the City when emergency conditions occur. The Contractor shall provide the capability to receive and respond immediately to calls of an emergency nature during working hours and during hours when the contractor's normal work force is not present.
The Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all emergencies within one (1) hour of notification.
The Contractor shall notify the City within one (1) hour when any emergency work has been completed.
G-10 SCHEDULES:
Contractor shall submit a maintenance schedule for all facilities to the City representative prior to commencement of contracted services that provides for a consistent, repetitive, chronological, and organized process of preventative maintenance for the Contract Area.
G-11 CONTRACT PAYMENT:
The Contractor will be paid monthly for satisfactory work performed under this contract. On or about the first of each month, the Contractor shall submit a detailed invoice and all reports required in the contract for work performed in the prior month. If no work is performed in the prior month no payment will be made.
A. This invoice shall be in accordance with the contract price and shall become the basis for payment.
B. This invoice shall be subject to review and approval by the City's representative.
C. All submitted invoices shall be paid within 30 days of approval by the City.
Exhibit A: Page 23 of 40
D. Any charges in the invoice not approved by the City's representative shall not be paid by the City.
G-12 CONTRACT NON-PERFORMANCE:
If the City determines that there are deficiencies in the performance of this contract, the Contractor shall be notified both verbally and in writing each time service requirements are unsatisfactory and corrective action is necessary. Upon notification of service failure, the Contractor shall complete corrective action within 48 hours of said notification.
G-13 PAYMENTS WITHHELD:
The City may withhold entire or partial payment for reasons as follows:
A. Work required by the specifications that is defective, incomplete, or not performed.
B. Claims against the City that are filed.
C. Failure of the Contractor to make payments properly to subcontractors, or for materials and/ or labor.
D. A reasonable doubt that the Contractor will not complete it's required performance for the remaining balance of the term of the contract.
E. Reports, records, or written documentation required of the Contractor to be delivered to the City’s Representative which are incomplete or not performed.
G-14 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS:
All damage incurred to existing facilities and improvements by the Contractor's operations shall be repaired or repl aced at the Contractor's expense. The Contractor shall complete corrective action within the following time frames subsequent to verbal notification:
A. All major irrigation repairs shall be complete within 24 hours of notification by the City.
B. Gen eral landscape and facility repairs shall be complete within three (3) days per the following guidelines:
1. Damage to turf shall be repaired by replacement with the appropriate variety of sod; reseeding shall not be considered as an adequate repair unless approved by the City's Representative.
2. Damage to ground cover shall be repaired by replacement with the appropriate variety of plant material. Size and spacing shall be determined by the City's representative.
3. Damage to shrubs may be corrected by appropriate pruning; however, if in the opinion of the City’s representative the damage is severe, the shrub shall be removed and replaced with a similar variety and size.
Exhibit A: Page 24 of 40
4. Damage to trees shall be repaired in the following manner:
• Minor damage such as bark lost from mechanical equipment shall be remedied by a qualified Tree Surgeon or Arborist.
• If the damage results in the loss of the tree, or a recommendation of removal, the damaged tree shall be removed and replaced with a similar variety and size at the Contractor's expense.
5. Hardscape facilities damaged shall be repaired with materials approved by the City.
6. All landscape repairs will comply with current City Landscape Standards and Specifications.
G- 15 UNDERGROUND EXCAVATIONS:
If the City requests or directs the Contractor to perform work in a given area, it will be the Contractors responsibility to verify and locate any underground utility lines. This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas.
Contractor shall notify the City and contact the Underground Service Alert (DigAlert 811) before commencing any excavation to locate underground utility systems. Any damage or problems shall be reported immediately to the City.
Unless otherwise indicated in the contract documents, all utility lines, conduits, wires or structures shall be maintained by the Contractor and shall not be disturbed, disconnected or damaged by Contractor during the progress of the work.
G-16 SOUND CONTROL REQUIREMENTS:
The Contractor shall comply with all local sound control and noise l evel rules, regulations, and ordinances that apply to any work performed pursuant to the Contract.
A noise level limit of 86 DBA at a distance of fifty feet (50') shall apply to all construction/maintenance equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. No maintenance functions that generate excess noise that would cause annoyance to residents of any Contract Area shall commence before 8:00 a.m.
Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
Exhibit A: Page 25 of 40
G-17 LOCKS AND KEYS:
Where City of Orange locks and keys are required as part of this contract, the Contractor shall:
A. Not duplicate any coded City key furnished by the City for access and operation of the controller.
B. Surrender all keys furnished by the City promptly at the end of the contract period, or at any time deemed necessary to prevent loss to the City.
C. Protect the security of City property by keeping controller cabinets and enclosure doors locked at all times.
D. Refrain from using premises behind locked doors for storage of materials, supplies or tools, except as approved by the City.
G-18 STORAGE FACILITIES:
The City of Orange will not provide any storage facilities for the Contractor.
G-19 COMPLAINTS FROM CITY:
All complaints shall be abated as soon as possible after notification; but in all cases within twenty-four (24) hours, to the satisfaction of the City. If any complaint is not abated within twenty-four (24) hours, the City shall be notified immediately of the reason for not abating the complaint, followed by a written report to the City's Representative within five (5) days.
If the complaints are not abated within the time specified, or to the satisfaction of the City, the City's representative may correct the specific complaint and the total cost incurred by the City will be deducted and forfeited from the payment owing to the Contractor form the City.
G-20 PARKING:
The Contractor shall park his vehicles and equipment within designated parking areas or in such locations as allows normal vehicular and bicycle traffic. The Contractor's vehicles and equipment shall not be parked or set in such a manner that they block pedestrian access or vehicular right-of-way except as required to comply with all standards of OSHA or CALOSHA.
G-21 SIGNS:
The Contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval is obtained from the City.
The Contractor shall, at all times, remove all unauthorized signs and advertising matter in the contract area under maintenance.
Exhibit A: Page 26 of 40
G-22 NO SMOKING:
No employee of the contractor shall smoke or use any tobacco product within any public park (or any portion thereof) or any building thereon or in an outdoor area within 20 feet of a public park within the City of Orange owned and maintained by the City as a public park.
MAINTENANCE SPECIFICATIONS
SCOPE
Notwithstanding the requirements of these specifications, it is the intent of this document to ensure that the electrical systems and Contract Area be maintained in a clean and safe state at all times. Contractor performance shall present a professional image, a high standard of quality and technical competence. The req uirements and specifications of this document do not supersede any other applicable standards for Public Works contracts. Where there are differences, the more stringent shall apply, and the City shall be notified of any necessary changes to the specified operations and materials.
M-1 GENERAL MAINTENANCE CARE AND PROCEDURES:
A. All necessary licenses, permits and/or approvals shall be obtained by the maintenance Contractor from the City of Orange.
B. The Contractor shall furnish all labor, materials, equipment, tools, office with telephone, equipment storage and service facilities.
C. Work done in any Contract Area which may affect existing utility improvements shall be done only after the notification of the affected utility company by the Contractor and in strict conformance with such utility company direction, specifications and/or supervision. The City shall be notified of any such work impacting existing utility improvements prior to commencement of such work.
D. Contractor personnel are not to take any direction from individual homeowners or members of the community unless the request is of an emergency nature. Contractor’s personnel shall inform the individual to contact the City’s Representative.
M-2 SAFETY:
All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and comply with all safety standards required by OSHA or CAL-OSHA. The City reserves the right to issue restraint or cease and desist order s to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract.
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A. Reporting Safety Hazards, Damage or Malfunction: It shall be the Contractor's responsibility to, while on site, inspect all Contract Areas and identify any condition(s) that renders any areas within this contract unsafe, as well as unsafe practices occurring thereon and report any deficiencies immediately to the City's Representative.
1. Notify the City immediately of any unusual and hazardous conditions in the Contract Area including, but not limited to, unsecured electrical panels or cabinets, exposed wires or damaged fixtures, an electrical facilities that do not meet code, or any item that creates a safety hazard or prevents the public’s use of the Contract Area.
2. Notify the City within one (1) hour of malfunctioning facilities of conditions that may break, malfunction, create a safety concern, or interrupt the public’s use of the Contract Area.
B. Work Site: The Contractor shall maintain all work Contract Area sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the condition noted by the Contractor, which is not a result of his operations, shall be immediately reported to the City.
C. Street Closures, Detours, Barricades: If work is to be conducted in the public right -of-way, the Contractor shall adhere to all safety rules, using cones, signboards, or other requi red safety equipment, and obtain all necessary permits and approvals per Work Area Traffic Control Handbook requirements (WATCH book).
If the Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City, the City's Representative may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment.
D. Safety Equipment: All required and recommended safety devices for all power equipment shall be maintained at all times. Failure to maintain safety devices will result in the temporary interruption of work as directed by the City.
M-3 EXTRA WORK:
The City may, from time to time, need additional electrical maintenance or installation services that shall only be authorized by the City's representative as stipulated in the contract and upon execution of the contract documents. Extra work shall be perf ormed by the Contractor or by competitive bid option at the discretion of the City.
A. In the event the Contractor is required by the City and agrees to perform extra work:
When required by the City, an estimate of cost will be submitted to the Communit y Services Department for approval prior to work being done. The Contractor shall maintain records sufficient to distinguish the direct cost of other operations. He shall furnish reports of extra work on forms furnished by the Contractor, itemizing all costs for labor, materials and equipment rental.
The report shall include hours worked. The following procedure will govern such extra work:
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1. Work will be executed under the direction of the City's Representative on a time and materials basis or an agreed lump sum price depending on the nature of the work.
2. City will issue a work request for such extra work to be performed.
3. Extra work will not be initiated without written authorization, except in emergency call-out situations. Contractor agrees that any services performed which are not authorized by the delegated City's Representative, as stipulated in the contract, may result in non-payment by the City.
4. Labor costs shall be based on the proposed wage scale for each type of workman.
B. The City's Representative is limited to issuance of orders, directions, notices and instruction, pursuant to the scope of electrical maintenance and repair work. The City shall not be obligated to pay for extra services which are not supported, in writing, by a Field Change Order Form.
C. Contractor shall submit invoices for extra work separate from regular monthly maintenance billing and shall detail: 1) Contract Area location, 2) services performed, 3) unit cost amounts, 4) City's Representative which ordered or authorized services.
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