MAINTENANCE SERVICES AGREEMENT
[Softball Field Maintenance Services]
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 MAJOR LEAGUE INFIELDS, 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 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 services and fully understands the difficulties and restric tions 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 Maintenance Supervisor (herein referred to as the “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 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 TWO HUNDRED ELEVEN THOUSAND ONE HUNDRED TWENTY DOLLARS and 00/100 ($211,120.00) 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, 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 am endment 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 e xpense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement.
Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long -term disability or workers' compensation insurance benefits.
7. Contractor Not Agent. Except as City may specify in writing, Contractor s hall 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 ot her than those designated.
3 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 had the pri or 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. Term. The term of this Agreement shall be for four (4) years, commencing November 2, 2023, and ending on November 1, 2027.
11. Time Is of the Essence . Time is of the essence in this Agreement. Con tractor 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 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 empl oyed, 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 n ot 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 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 o f 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, par tners, 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 persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation includin g 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 l iability 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.
5 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 workers’ compensation benefits under any Cit y 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 f ollowing minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non - owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.
e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Agreement.
f. 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, ev idencing 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.
6 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 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 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.
k. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endor sements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.
19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days ’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise. Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records . In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) ye ars 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 furnishe d 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 will perform any work that falls withi n any of the 7 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).
Additionally, to perform work under this Contract, Contractor must meet all State reg istration 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 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 kno wingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
d. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All cos ts 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 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 check s to ensure no personnel 8 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.
h. All costs associated with the documentation and verification required herein shall be borne by Contractor. Contr actor 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 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 Agree ment 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. 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 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”
Major League Infields, Inc. City of Orange
508 E. Chapman Avenue 300 E. Chapman Avenue
Fullerton, CA 92832 Orange, CA 92866-1591
Attn.: David J. Johnson Attn.: Paul Miller, Park Maintenance Supervisor
Telephone: 818-355-2169 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 ha ve 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”
MAJOR LEAGUE INFIELDS, INC., CITY OF ORANGE, a municipal corporation a California corporation
*By: By:
Printed Name: Daniel R. Slater, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Melissa M. Crosthwaite
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.
√
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
SOFTBALL FIELD MAINTENANCE SERVICES
REQUEST FOR BIDS (RFB) NO. 22-23.46
BIDS DUE: JUNE 15, 2023
TIME: 2:00 p.m. (PST)
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: SOFTBALL FIELD MAINTENANCE SERVICES Location Address: El Camino Real Park, 400 North Main Street El Modena Park, 555 South Hewes Street
Contact Name: Paul Miller, Parks Maintenance Supervisor Phone Number: 714-532-6472
E-Mail Address: [email protected]
PROJECT DESCRIPTION:
The City of Orange, CA, a Municipal Corporation, is requesting qualified contractors to provide bids in accordance with the specifications prepared by City of Orange staff. All work shall also conform to City of Orange codes, ordinances, and standards. Th e work will generally include, but not be limited to provide softball and baseball field maintenance services.
TIMELINE (APPROXIMATE):
1. Job walk: June 6, 2023 at 9:00 a.m. (PST)
2. Deadline for questions: June 8, 2023
3. Bids due: June 15, 2023 by 2:00 p.m. (PST)
4. Presentation to City Council: September 12, 2023
5. Notice to Proceed: TBD
1 Exhibit A: Page 1 of 33
BID SUBMISSION:
Provide response to the above REQUEST FOR BID (RFB) on the attached Bid Sheet and return all pages of the Request for Bid (including all sections).
Bids must be received on June 15, 2023 by 2:00 p.m. (PST) 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 delivered personally to the above address. Please provide three copies of bid packets.
Bid packets must be labelled appropriately:
RFB 22-23.46- SOFTBALL FIELD MAINTENANCE SERVICES
BIDDER NAME/COMPANY
Attn: City of Orange, City Clerk’s Office
The City reserves the right to reject any and all Bids and any item or items therein, and to waive any non-conformity of Bids with this Request for Bid, whether of a technical or substantive nature, as the interest of the City may require.
GENERAL PROVISIONS:
1. A optional job walk has been scheduled for June 6, 2023 at 230 E. Chapman Avenue, Orange CA 92866 at 9:00 a.m. (PST).
2. Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract.
3. All questions, requests for clarification, and comments shall 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. If any person o r firm contemplating the submittal of a bid in response to this RFB is in doubt as to the true meaning of any part of this RFB, they may submit to Mr. Miller a written request for an interpretation or correction thereof. Any interpretation or correction o f any part of this RFB will be made only by addendum. The Addendum (if any) will be e-mailed to those who attend the optional job walk listed above and posted on City of Orange website.
4. The successful bidder must possess an active C-27 contractors license that has been issued by the State of California Contractors State License Board. This license must be maintained for the duration of the agreement. Failure to possess the specified license shall render the Bid non-responsive.
REQUIRED INFORMATION:
The bidder is required to complete, execute and deliver with its bid the following:
(a) A Statement of Required Information and Experience in the form attached hereto as Attachment No. 1
(b) Bid Sheet in the form attached hereto as Attachment No. 2
(c) A Certificate of Non-collusion in the form attached hereto as Attachment No. 3
2 Exhibit A: Page 2 of 33
(d) Bid Bond is required for this Request for Bid in the form attached hereto as Attachement No. 4
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 form of contract attached hereto as Attachment No. 5
PAYMENT BOND:
The City of Orange requires a payment bond for all agreements over $25 thousand dollars.
TERM OF CONTRACT:
This RFB is for the purpose of awarding a four (4) year agreement. The scope of the contract may be all or any portions of the scope described.
AWARD OF CONTRACT:
The award of contract, if awarded, will be to the lowest bidder whose bid complies with all requirements of the notice inviting bids, including, but not limited to, the Statement of Required Information and Experience ( Attachment No. 1). The award of contract, if made, shall be made within one hundred twenty (120) days after the opening of the bids.
PREVAILING WAGES:
While the work which will be the subject of the contract to be awarded to the lowest responsible bidder is not a "public project" (as that term is defined in Section 22002 of the Public Contract Code of the State of California), Section 1771 of the California Labor Code expressly includes “maintenance” within its definition of a “public work” and provides that contracts for maintenance are subject to prevailing wage laws. Prevailing wage determinations exist for certain crafts since 1977.
To the extent that the Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, the Contractor will be required, together with any subcontractor under it, to pay not less than the specified prevailing rates of wages to al l such workmen. The general prevailing wage determinations for crafts can be located on the web site of the Department of Industrial Relations (www.dir.ca.gov/DLSR).
Accordingly, the Contractor selected by the City to enter into a contract for the work, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all workers employed in the execution of the contract and the work.
SCOPE OF WORK AND PROJECT SPECIFICATIONS:
The City of Orange, a municipal corporation (herein referred to as the “City”), is requesting bids from qualified companies to provide softball field maintenance services for four (4) softball fields at El Camino Real Park, 400 North Main Street ; one (1) baseball field at El Modena Park, 555 South Hewes Street; and other parks as directed.
Provide the Following Softball Field Maintenance Services:
1. Heavy Water, Deep Scarify and Drag Treatments (2 times per week) After putting down a layer of water to approximately ½”, scarify the entire infield surface to loosen 3 Exhibit A: Page 3 of 33
the infield mix to knock down high areas and backfill high impact areas that are depressed. After scarifying and leveling/backfilling, the surface is then dragged smooth using a screen drag and is watered again.
2. Water-Blast Perimeter Border (Every other week)
Using a hose and a high-pressure nozzle, push infield mix that has been displaced by weather or use into the turf border back onto the traction area. Rake the area adjacent to the turf border level to prevent a “trough” from developing.
3. Paint Foul Lines (1 Time per week)
Run a string from well behind home plate, going along the right back edge of home plate, to beyond first base, going along the outside edge of the base, terminating at the foul pole. Anchor each end of the string, pulling tight. Foll owing the inside edge of the string line, paint the foul line with white turf paint. Paint the line from first base to the foul pole, placing the foul line in the turf. Repeat the process from the left side of home plate to paint the foul line on the thi rd base side. Paint will be provided by the contractor.
4. Install Base Anchors, Pitching Rubbers, and Home Plate Installation will be made at the direction of the City, per the standards described in Ballfield Maintenance Procedures Manual below this page. All materials will be provided by the Contractor.
These items will be as needed at an additional cost above regular maintenance.
5. Patching and Tamping (2 times per week)
The areas that usually need to be patched and tamped are the batter’s box, around the bases, the pitcher’s mound and behind home plate where the catcher plays:
Start with home plate and then the pitcher’s mound. They need more time to dry because of the amount of clay. Sweep out loose infield mix. Fill hole with water and let it soak into about half of the depth of the hole. Push loose infield mix back into the hole and mix it with water. Sometimes new infield mix needs to be brought in because there is not enough clay left for adhesion. It is generally better to use mound m ix in the areas of the pitcher’s mound and home plate for better adhesion and compaction. Let this set until firm but still damp, then tamp.
SPECIAL INSTRUCTIONS:
1. The Contractor shall provide with this RF B a minimum of three (3) references of commensurate/equal work with cities and/or municipalities. References shall represent/include:
• Work completed within the last five (5) years.
• A description and location of said work.
• An approximate cost of said 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 (e.g. - 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 prior to bid.
6. The Contractor is responsible for inspecting and being aware of all site conditions.
7. All maintenance work shall be performed in adherence to the City of Orange Ballfield Maintenance Procedures Manual (Attachment No.4 hereto).
8. All maintenance work shall conform to the specifications contained in the Request for Bids and any subsequent Agreements.
4 Exhibit A: Page 4 of 33
BALLFIELD MAINTENANCE PROCEDURES MANUAL
Patching and Tamping
The areas that usually need to be patched and tamped are the batter’s box, around the bases, the pitcher’s mound and behind home plate where the catcher plays:
Start with home plate and then the pitcher’s mound. They need more time to dry because of the amount of clay.
• Sweep out loose infield mix.
• Fill hole with water and let it soak into about half of the depth of the hole. • Push loose infield mix back into the hole and mix it with water. • Sometimes new infield mix needs to be brought in because there is not enough clay left for adhesion.
• It is generally better to use mound mix in the areas of the pitcher’s mound and home plate for better adhesion and compaction.
• Let this set until firm but still damp, then tamp.
Dragging
Prior to dragging, hand-water the infield mix lightly to keep it from blowing.
• The base lines on turfed infields, the pitcher’s mound and all edges near turf shall be prepared by hand with a rake or lute.
• The infield shall be dragged using a tight loop, circular or crisscross pattern, alternating the pattern daily.
Watering (Floating)
Weather conditions affect how much water is used. More water will be needed if it is sunny or windy; if overcast, less; if raining, none.
• After dragging, set out sprinklers and water heavily. • Do not over-water areas that have been patched. Too much water can cause the field to become slippery and a hazard to play on.
• Apply a sufficient amount of water to ensure the infield mix compacts and adheres together for good footing during play.
• Hand-water problem areas, such as base paths, when needed. • The infield shall be lightly watered again, just prior to a game, to keep down the dust.
Removing Infield Mix from Turf
• Sweep with a broom, daily or as needed.
• Water blast with a high-pressure nozzle. Note: This can only be done if there is sufficient time for drying.
• Perform this work at least every other week.
Scarify and Level Infields
• Water heavily prior to scarifying to keep down dust and to soften the infield mix. • Scarify in a tight circular pattern going over the area several times to get the lines down to a depth of one to two inches (See Exhibit A).
• The base lines on turfed infields shall be prepared by hand with a rake. • Never scarify a pitcher’s mound.
• Do not snag a base stand with the lines.
• Level the infield with the flip side of the scarifier. 5 Exhibit A: Page 5 of 33
• Follow procedures for dragging and watering fields.
• Edge infield every other week.
• Check irrigation around infields; repair and adjust weekly. • Check for problems and hazards weekly.
• Renovate yearly, as needed.
• Seed, fertilize, and aerate as needed.
• Paint/Chalk in foul lines monthly.
Procedures to Correct Flooded Ballfields
Standing Water
• Drain off water.
• Fill low areas with dry infield mix.
• Push water into dry area with the back of the rake.
Field must be dry for a while before it can be walked on without slipping or squishing.
Very Wet with No Standing Water
• Rake with a bow rake to a depth of ½ inch in all muddy areas. • Allow to air out for several hours while raking occasionally. • Rake several more times to assist airing.
• Scarify entire field until there are no clods. It should be fluffy even though moist. • Alternate between wet and dry areas to help mix the soils and aid in drying. The dry areas must be crumbled while scarifying in order for this to work. • A straight edge drag-type planing device (the flip side of the scarifier), shall be dragged as above until there is even texture and color.
• The field shall be dragged and leveled.
• Allow time after this for additional drying, 20 to 30 minutes on a warm day. • Drag and prepare the field as usual.
Equipment
The contractor shall provide and have “on hand” at all times during the infield mix maintenance operation the following equipment.
Utility Vehicle
Small tight turn radius (13 foot) vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned infield mix area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deer, Ryan, Toro, and Dihatsu would be acceptable.
Drags
Scarifying Drag
Used to scratch up or loosen up the skinned area. The drag shall be made of heavy-duty steel capable of carrying additional weight(s). Digging teeth shall be hardened and pointed and ½ inch in diameter. Pull chain shall be included.
Cutting and Leveling Drag
Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades which are adjustable and capable of cutting down dirt build-up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 6 Exhibit A: Page 6 of 33
Grooming or Finish Drag
Used to complete dragging procedure on a daily basis and lighter-gentle movement of infield mix.
This drag shall be galvanized metal “door-mat” link. Pull chain shall be included. Drag(s) shall be 6 foot in length and 6 foot in width.
Other Equipment
Hand Tamp
20-pound variety with 48-inch min. handle. Used to compact worn areas around bases, home plate and pitching mound.
Plastic Sheeting and Duct Tape
Used to wrap hand tamp head and help prevent wet clay from sticking.
Grade or Grooming Rake
Used to rake and fine level areas. Shall be made of aluminum, 36 inch wide and a 6-foot handle.
Heavy Duty Shovels
Used to move materials. Round and square nosed.
Heavy Duty Hose
Used to water down skinned area. Shall be ¾ inch to 1inch top quality construction with 225 psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175 foot of hose on hand at all times.
High Pressure Nozzle
Attached to hose. Used to spray down infield mix and push excess brick dust off turf edges.
Industrial Push Broom
Used to remove excess infield mix from turf edges. Shall be 24-inch min. wide with heavy duty dual weight bristles.
Wet Conditions Equipment
(Add to equipment above.) During periods of inclement weather or when the areas are wet, the contractor shall have the following items “on-hand” during all infield mix maintenance operations:
Squeegee
Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24 to 36 inches wide with neoprene blade and magnesium/aluminum head.
“Super Sopper”
Used to collect standing water in infield mix areas. Shall be drum type with exterior sponge and arm holding drum.
Diamond or Beckson Pump
Used to remove standing water in infield mix areas. Shall be plastic with flexible piston and valve.
Infield Sopper with Wringer and Bucket
Used to collect standing water in infield mix areas. Sopper shall be geotextile covered sponge typical for absorbing chemical spills.
Meetings
Contractor shall provide City of Orange staff with a contact person(s) and a phone number to reach the contact person(s) from the hours of 8:00 a. m. – 10:00 p.m., Monday – Saturday. 7 Exhibit A: Page 7 of 33
Contractor shall appoint and identify to City of Orange staff a “site supervisor.” This site supervisor shall meet with staff one (1) time per week at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns which may arise and any goals for the day/week.
In November of each year for as long as the contract is in effect, contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for “Annual Renovations” (listed in Section 10.0).
Daily Maintenance
General
• Contractor shall remove all litter, broken glass, and hazardous debris from infield area. • Contractor shall keep infield mix area in a weed free condition. • Contractor shall hose and/or sweep all dug outs.
Maintenance Procedure
• Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on infield and re-install after all work on infield is completed.
• After removing all bases, the contractor shall scrape/wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. • The contractor shall rake/shovel loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field before any watering or dragging takes place.
Home Plate Area/Batters Box Area Holes
• Sweep/rake away all loose brick dust.
• Wet area until moist.
• Scarify areas (batter’s box holes) with shovel. This will help the mix bind better. • In a 5-gallon bucket, mix “mound mix” with water to desired consistency. Do not use infield mix for this purpose.
• Backfill “mound-mix” material into hole(s).
• Tamp the area firmly with steel ramp.
Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp’s bottom.
After tamping and compacting the “mound mix”, cover areas with infield brick dust.
Pitcher’s Mound
• Follow same procedure for repair of home plate/batter’s box area except do not cover with infield mix. Utilize dry “mound mix” for this purpose. • Add to the above the following: Rake all loose material from bottom to top and cover with “mound mix.”
General Infield Mix Skinned Infield Areas
• After raking/shoveling loose material from high spots back into low spots/worn areas on running paths, sliding zones and any other low spots/worn areas appearing on the field, the contractor shall fill all remaining low spots with new infield mix from stock and make level.
• Lightly water entire infield before dragging.
8 Exhibit A: Page 8 of 33
Note: Watering shall penetrate infield mix to a minimum depth of 1/8 inch deep min. This process is crucial to keeping brick dust in place and not going air borne.
• Drag infield utilizing small utility vehicle as specified with “grooming or finishing drag.” Circular or figure eight drag patterns shall be used. Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and high/low areas. Speed of drag procedure shall not exceed 7 m.p.h.
• When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18 inches. This will help in avoiding lips at brick dust/turf edges. This 18-inch gap shall also apply to all backstops and chain link fence areas. • Contractor shall hand rake all base paths on combination turf/infield mix infields. • When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of infield mix in focused areas. Roll-up the drag, place it on the vehicle, and remove all debris accumulated in the drag at this spot and rake out material emptied from drag.
• After dragging, hand rake the 12-inch edges using the “grade or grooming rake.” The rake shall be held at an angle as to not push brick dust onto/into turf areas. • After raking the 18-inch edges, the contractor shall clean all excess infield mix on the turf edges utilizing a high-pressure water nozzle or heavy duty broom. NO infield mix shall be permitted on the turf edges at any time.
• If in the determination of City staff an unsafe lip situation occurs in any turf/infield mix border area, infield to infield mix, basepaths, or infield mix to outfield, contractor will be required to remove or level the soil build-up with a rototiller or sod cutter and re-establish the infield boundaries with a string line or suitable method and re-sod up to the border to remedy the situation at the contractor’s expense.
Final Watering
• This is the most time-consuming and a very important element of the procedure. • The contractor shall final water the skinned infield mix to a depth of ¼ inch minimum.
Lining of Fields
Lining of fields should be performed per the requirements of Section 68 and the Request for Bids with paint/chalk/Perma-White marking material.
Rainy Weather / Wet Field Procedure
On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to:
• Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump/sopper system. • Rake out (scarify) wet areas.
• Apply dry infield mix material from stock to all wet areas and rake out.
Work to be Completed “BI-MONTHLY”
To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of material at high spots and cut and level drag the scarified material to low spots. The contractor shall fill any remaining low spots with new “Angel Mix” brick dust from stock and make level.
Note: City staff shall identify areas to scarify/cut and level drag to the contractor at weekly meetings with contractors’ appointed site supervisor (as per section 6.2 of contract).
Heavy water, scarify, and cut and level areas to a ½ inch min. depth and allow to settle in before play on field. 9
Exhibit A: Page 9 of 33
Note: Due to heavy watering and its need to settle before play, City staff shall provide a schedule of bio-monthly scarify/cut and level drag dates to contractor.
Work to be Completed “ANNUALLY”
Between December 1st and December 30th of each year, the following renovation is to be done on all fields:
• Contractor shall scarify and drag built up amounts of material at high spots and cut and level drag the scarified material to low spots. The contractor shall fill any remaining low spots with new infield mix from stock and make level.
Note: Staff shall identify areas to scarify/cut and level drag to the contractor at the November, year-end meeting with contractor’s owner (as per section 6.3 of contract).
• Contractor shall verify all base distances, pitching rubber distances, and pitching mound heights per the Little League and Pony/Colt League specifications for each specific field.
Any specifications not being met on any field, shall be repaired by contractor. • In addition, contractor shall install ½ inch new infield mix to infields at all diamonds.
Responsibility for and purchase of necessary infield mix shall be determined by the City of Orange.
Note: City of Orange will supply contractor with a schedule of the order in which fields are to be renovated.
Work to be Completed “AS DIRECTED”
• Replace base ANCHORS as directed.
Note: City of Orange uses the BOLCO base anchoring system. Contractor shall install base anchors into the ground per manufacturer’s standards Top of stake shall be approximately 1-inch below the surface grade so that the base sits level and flush against the surface of all sides.
• Replace bases as directed.
Note: City of Orange shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed.
• Replace or remove/level/re-install home plates as directed. • Replace or remove/level/re-install pitching rubbers as directed.
Note: City of Orange shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed.
When given direction to complete “as directed” work, contractor shall complete the directed work on the next working day.
10 Exhibit A: Page 10 of 33
ATTACHMENT NO. 1
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 softball field 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 Three (3) 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: ______________
11 Exhibit A: Page 11 of 33
C. Name: __________________________________________________________________
Address: ________________________________________________________________
City: ____________________________ State: ____________ Zip: _______________
Contact: _________________________ Telephone: (_____) ______________________
Type of Project: __________________________________________________________
Contract Duration: ___________________ Annual Contract Amount: ______________
4. If requested by the City of Orange, the Bidder shall furnish a notarized financial statement, financial data, or other information and reference(s) sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions.
12 Exhibit A: Page 12 of 33
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 PERCENT OF CHECK IF DESCRIBE WORK WHEN AMOUNT AND ADDRESS LICENSE NO. BID ITEM NUMBER(S) BID ITEMS SPECIALTY LESS THAN 100% OF WORK BASED ON
SUBBED IS SUBBED 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
13 Exhibit A: Page 13 of 33
ATTACHEMENT No. 2
RFB 22-23.46 SOFTBALL FIELD MAINTENANCE SERVICES
BID SHEET
Date: ________________
Bid Submitted by: _ Company Name: _____ Address:
Phone Number:
E-mail Address:
Name:
Contact
Signature of Responsible Officer or Employee Print Name
The stated bid amount below constitutes the total dollar amount to perform the work described in the above scope of services to include all that is required to provide the work product and/or install all materials required to complete the work to a professional workmanship standard, and to install and apply all materials per all manufacturer’s specifications and recommendations.
Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is experienced in performing the work and will follow p rofessional 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.
El Camino Real Park Bid Amount: $___________________________________
El Modena Park Bid Amount: $_______________________________________
Supply and Install as Needed: Base Peg (cost per) $ ______________ Supply and Install as Needed: Pitchers Rubbers (cost per) $______________ Supply and Install as Needed: Home Plate (cost per) $______________
TOTAL BID AMOUNT: $ (Lump Sum): $________________________
14 Exhibit A: Page 14 of 33
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.
15 Exhibit A: Page 15 of 33
ATTACHEMENT NO. 3
Non-collusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section
7106)
To the CITY OF ORANGE – DEPARTMENT OF COMMUNITY
SERVICES
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bi d, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indir ectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, c ompany association, o rganization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Non-collusion Affidavit is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Non- collusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
16 Exhibit A: Page 16 of 33
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.
17 Exhibit A: Page 17 of 33
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 ______________________________
18 Exhibit A: Page 18 of 33
ATTACHEMENT NO. 4 Bond No.__________
CALIFORNIA PUBLIC WORKS
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 unt o 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 severally, by this Bid Bond.
WHEREAS, the Principal is herewith submitting a bid for Bid No. 22-23-46 Softball Field Maintenance Services
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
19 Exhibit A: Page 19 of 33
ATTACHEMENT NO. 5
SOFTBALL FIELD MAINTENANCE
Sample Liability Insurance
Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01).
2. Insurance Services Office Form Number CA 00 01 covering Automobile Liability, code 1 (any auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and pr operty damage. If
Commercial General Liability i nsurance or
other form with a general aggregate limit
is used, either the ge neral aggregate li mit
shall apply separately to this
project/location or the ge neral aggregate
limit shall be twice the required occurrence
limit.
2. Automobile Liability:
$1,000,000
per accident for bodily injury and property
damage.
3. Workers’ Compensation:
As required by the State of California.
4. Employer’s Liability:
$1,000,000
per accident for bodily injury or disease.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, it officers, officials and employees; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
20 Exhibit A: Page 20 of 33
1. The City, its officers, officials, agents and employees are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured Endorsement (Insurance Services Office, Inc. Form CG 20 10 11 85 or such other form as may be acceptable to the City) to the Contractor’s insurance policy, or as a separate owner’s policy.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials and employees. A ny insurance or self- insurance maintained by the City, its officers, officials and employees shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice has been provided to the City
The Contractor s hall furnish the City with or iginal certificates of i nsurance and endorsements effecting coverage required by this clause. The endorsements should be on forms acceptable to City. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to do so shall not operate as a w aiver of these insurance requirements. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by th ese specifications at any time.
All insurance procured and maintained by the Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in the State of California and having a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide.
Contractor shall immediately notify the City if any required insurance lapses or is ot herwise modified and cease performance of this Agreement unless otherwise directed by the City. In such a case, the City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set-off from any sums owed Contractor.
Contractor hereby agrees to waive subrogation, which any insurer of the Contractor may acquire from the Contractor by virtue of the payment of any loss. The Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
The Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.
21 Exhibit A: Page 21 of 33
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EXHIBIT “B”
COMPENSATION FOR SERVICES
[Beneath this sheet.]
EXHIBIT “B”
Compensation for MAJOR LEAGUE INFIELDS, INC.
Softball Field Maintenance Services
Four-Year Term
November 2, 2023 – November 1, 2027
Year 1: 11/2023 through 11/2024 $52,780
Year 2: 11/2024 through 11/2025 $52,780
Year 3: 11/2025 through 11/2026 $52,780
Year 4: 11/2026 through 11/2027 $52,780