CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274 • FAX: (714) 744-7251
REQUEST FOR BID (RFB) BID NO. 23-24.27
EISENHOWER PARK LAKE & STREAM MAINTENANCE
BID DUE DATE: March 14, 2024
TIME: 2:00p.m
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: Eisenhower Park Lake & Stream Maintenance Location Address: 2864 N. Tustin St. 92865
Contact Name: Paul Miller, Parks Maintenance Supervisor E-Mail Address: [email protected]
Phone: 714-532-6472
PROJECT DESCRIPTION:
The City of Orange, CA, a Municipal Corporation, is requesting qualified contractors to provide bids in accordance with the specifications prep ared by City of Orange staff. All work shall also conform to City of Orange codes, ordinances , and standards.
The work will generally include, but not be limited to:
Provide regular, and ongoing cleaning and pr eventative maintenance at the stream, lake, and waterfalls located at Eisenhower Park in Orange.
TIMELINE (APPROXIMATE):
1. Mandatory Job walk February 27, 2024 at 10:00 a.m.
2. Deadline for questions regarding RFB February 29, 2024 by 2:00 p.m.
3. Bids due March 14, 2024 by 2:00 p.m.
4. Presentation to City Council May 28, 2024
5. Notice to Proceed (NTP) TBD
BID SUBMISSION:
Provide response to the above Request for Bid on attached Bid Sheet and return all pages of the Request for Bids, including the bid bond and specification sections and references. Bids must be received on February 29, 2024, by 2:00 PM via Electronic Bid Submission, or at the City of Orange, City Clerk’s Office located at:
300 E. Chapman Ave., Orange, CA 92866
OPTION 1:
Electronic Bids may be submitted through the following link at Electronic Bid Submissions and must include all required attachments listed in the Request for Bid document.
OPTION 2:
Responses may be sent via U.S. Mail or delivered personally to the office of the City Clerk at the address listed above. Please provide three copies of bid packets.
BID PACKETS MUST BE LABELLED APPROPRIATELY:
RFB 23-24.27 Eisenhower Park Lake & Stream Maintenance
Attn: City of Orange, City Clerk’s Office
The City reserves the right to reject any and all bids and any item on items therein, and to waive any non -conformity of bids with this Request for Bids, whether of a technical or substantive nature, as the interest of the City may require.
GENERAL PROVISIONS:
1. A mandatory job walk has been scheduled for Tuesday, February 20 , 2024, at 10:00 a.m. at Eisenhower Park, 2864 N. Tustin St., Orange, CA 92865, in the lower parking lot, entrance from E. Main St.
2. NOTE: All cleaning and maintenance work shall be performed in adherence to the approved specifications listed in this document, City of Orange Landscape Standards and Specifications available at the Public Works counter for NON - REFUNDABLE charge of $12.00 ($15.00 if mailed), the current ed ition of the CalTrans “Green Book” and the City of Orange Park Development Standards and Specifications.
3. The Contractor shall, at all times, carry valid insurance, which meets all City of Orange insurance requirements as outlined in Attachment No. 5.
4. The Contractor shall pay prevailing wages per the current Department of Industrial Relations wage rate (including all scheduled increases) and furnish Certified Payroll Reports for all workdays.
5. All vehicles used by the contractor are to be identified with door signs (approx. 20” x 16”, magnetic sign okay) or equivalent with the company name and phone number. These need to be visible from both sides of said vehicle.
6. Uniforms: All of contractor’s employees shall wear appropriate uniforms at all times while on duty. Uniforms must have the contractor’s name.
7. Background/Security: All personnel engaged in performance of this work shall be employees of the contractor a nd as such shall be warranted to possess sufficient experience and security records to perform this work.
8. All bids must be received, via Electronic Bid Submission or date and time stamped by the City Clerk’s Office on or before the due date stated above. Any bids received after the stated due date and time will be returned unopened.
SCOPE OF WORK AND PROJECT SPECIFICATIONS:
SITE REQUIREMENTS:
• Supply all equipment , biological control agents, and labor necessary for preventative and scheduled maintenance.
• The contractor is responsible for making him/herself familiar with all existing site conditions at the work site within the boundaries of the lake, stream, and waterfall area at Eisenhower Park, including but not limited to water features, ingress/egress and plant material that is to be maintained. • The maintenance contractor is to maintain the job site in a safe condition at all times.
• Park amenities shall be left in a clean, neat , and safe condition after each workday.
Note: The Contractor is responsible for hauling off all debris and dead plant material generated from all of the maintenance operations in this agreement. All debris removed from the lake or stream must be removed from the park on the same day of the work that generated it.
SCOPE OF SERVICES FOR LAKE AND STREAM MAINTENANCE AT
EISENHOWER PARK:
Weekly Maintenance: Weekly Maintenance shall occur and be completed between 7:00 a.m. and 3:00 p.m. per the schedule below:
• May 1 through October 31 (Monday, Wednesday, and Friday) • November 1 through April 30 (Monday and Friday)
Ongoing, year-round maintenance shall include:
1. Trash and debris removal from the lak e and stream. Trash and debris should be picked up and removed from the area. There shall be no blowing of debris into lake or stream. Large bricks, stones and other submerged foreign objects or debris that are visible from the sidewa lk should be removed during this weekly maintenance.
2. Skimmer baskets shall be removed, inspected, cleaned, and correctly reinstalled. Missing or damaged skimmer baskets shall be reported as soon as discovered to the Parks Maintenance Supervisor.
3. Continual control, removal, and management of filamentous algae, and all other aquatic plant material.
4. Remove, trim, and maintain plant material along the stream and lake edges.
Said maintenance is to include the regular trimming of the existing aquatic (Papyrus) plantings and weed removal and abatement within 5 feet of entire stream and lake edge.
5. Add Enviro-zyme and/or other biological agents as required each week to remove unwanted nutrients.
6. Maintain water quality of lake, stream, and feeder pond to be clear, free of excessive aquatic plant material, free of algae growth, free of excessive nitrates and other nutrients that negatively affect water quality , and free of trash and debris . Maintain healthy oxygen levels at all depths of the lake and stream.
7. Maintain lake ph. at 7.0.
8. Power wash all sidewalks, boulders, and hardscape adjacent to the lake one time per week to remove duck feces and other debris. Said power washing is to be accomplished using ‘lake’ water by means of a submersible water pump system. All power washing lake water is to be directed back into the lake. All pumping/washing equipment is to be provided by the contractor.
Monthly Maintenance (year-round): Work may occur Monday through Friday.
1. Power-wash the waterfall monthly during the first week of the month.
2. Remove and clean aerators.
3. Amend lake with biological agents as required to maintain water quality.
4. Papyrus plants along stream bed shall be trimmed and dead stalks removed, being careful not to damage new growth. Papyrus plants will be kept trimmed to ensure visibility through the park.
5. Remove all weeds, palm tree starts , and any other undesirable plant material within 5 feet from entire stream bed edge and all around lake edge.
Annual Maintenance: Work may occur Monday through Friday.
1. Dredge and clean out suction pump intake area. The intake is in the North-West area of the lake and is where the pumps push water from the main lake to the upper pond to create flow for the stream and waterfalls.
2. Dredge 25% of the lake bottom each year to remove decaying algae, deposits, and sediment.
a. North-East Quadrant in September of 2024
b. South-East Quadrant in September of 2025
c. South-West Quadrant in September of 2026
d. North-West Quadrant in September of 2027
3. Service all skimmers and all aerators annually in conjunction with dredging. Periodic service on skimmers and aerators may be more frequent if needed. Report findings on condition of each skimmer and aerator to City’s representative.
________________________________________________________
Contract Payment
The Contractor will be paid monthly for satisfactory work performed under this contract. By the 10 th day of the month, the Contractor shall submit a detailed invoice and all reports required in the contract for work performed in the prior month including a breakdown of work performed and all materials or supplies that are utilized.
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. The City shall pay all submitted invoices within 30 days of approval.
D. Any charges in the invoice not approved by the City’s representative shall not be paid by the City.
E. A written estimate for all work that is above and beyond the normal scheduled maintenance work must be provided to the City’s representative for all additional work requested and agreed upon between the contractor and the City’s representative. All additio nal work shall not proceed without written approval of the City’s representative.
Contract Non-performance
If the Contractor fails to execute the work in the manner and at such locations as specified or fails to maintain the work schedule which will ensure the City’s interest, or if the Contractor is not carrying out the interest of the Contract, the City shall notify the Contractor both verbally and in writing demanding satisfactory compliance with the Contract. The Contractor will have one (1) day to respond to said issue and begin correction. If the Contractor does not perform the work in question within the time specified in said notice or fails to continue to comply, the City may then complete the work by City forces, by letting the unfinished work to another contractor, or by a combination of such methods. In any event, the cost of completing the work sha ll be charged against the Contractor and may be deducted from any money due or becoming due from the City. In the event the Contractor does not perform the work in question, the City has no obligation to pay the contractor for work not performed.
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. Contractor’s failure to make payments properly to subcontractors, or for materials and/or labor.
D. A reasonable doubt that the Contractor will not complete his 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.
Performance During Inclement Weather
During the periods when inclement weather hinders normal operations, the Contractor shall adjust his workforce in order to accomplish those activities that are not affected by weather.
A. Failure to adjust the workforce to show good progress on the work shall result in deduction of payments to reflect only the work accomplished.
B. The Contractor shall immediately notify the City when the work force has been removed from the job site due to inclement weather, or other reasons.
Protection and Restoration of Existing Improvements
All damage incurred to existing facilities and improvements by the Contractor's operations shall be repaired or replaced at the Contractor's expense. The Contractor shall complete corrective action within the following time frames subsequent to verbal and/or written notification:
A. General 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. Re -seeding 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.
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.
4. Damage to trees shall be repaired at the expense of the Contractor, in the following manner:
a) Minor damage, such as bark lost from mechanical equipment, shall be remedied by a qualified Tree Surgeon or Arborist.
b) 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. If the tree in question is of a large specimen size not available from normal nursery stock, a replacement ratio of trees will be determined by the City Representative to be supplied and planted by the Contractor at his own expense.
5. Hardscape facilities damaged shall be repaired with materials approved by the City.
6. All damage resulting from chemical application and/or operation, either by spray-draft, improper application, lateral leaching, or other means, shall be corrected in accordance with the previous provisions and the soil conditioned to ensure its ability to support plant life.
7. All landscape repairs will comply with current City Landscape Standards and Specifications. The Contractor is responsible for all repair related maintenance such as, but not limited to, watering and fertilizing of replaced plant materials until accepted by the City.
Underground Excavations
If the City requests or directs the Contactor to perform work in a given area, in any Park Site, 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 immediately notify the City and contact the Underground Service Alert, call 1- (800) 227-2600, 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, provided that should the Contractor, in the performance of the work, disturb, disconnect or damage any of the above, all expense arising from such disturbance or in the replacement or repair thereof, shall be borne by the Contractor.
Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances that apply to any work performed pursuant to the contract.
A noise level limit of 65 dba at a distance of fifty feet (50’) shall apply to all construction and/or 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 resident s near any Park Site shall commence before 7:00 a.m.
Monday through Friday, and 8:00 a.m. on Saturdays, Sundays, and Holidays.
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 therefore.
SPECIAL INSTRUCTIONS:
1. The contractor shall provide with this bid a minimum of three (3) references of commensurate/equal lake maintenance 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 contract cost of said work.
• A contact person and phone number to directly contact that person to verify lake maintenance work and contractor performance.
2. The City reserves the right to reject any contract or who they feel does not meet the qualifying work experience or provides 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. building, sidewalks, curbs, landscape, etc.) are to be protected from all maintenance work and equipment. Any damage to any existing site amenities including work outside of the lake and stream maintenance area will be repaired or replaced at the contractor’s expense to the satisfaction of the City of Orange.
5. The Cont ractor will be responsible for labor and m aterials for this project/work.
6. The Contractor is required to maintain a business license with the City of Orange for the duration of this agreement.
7. All questions regarding this request for bid are to be submitted by email to Paul Miller, Parks Maintenance Supervisor, at
[email protected]. All e-mails must be labeled ‘Eisenhower Park Lake and Stream Maintenance RFB’ and submitted to Paul Miller no later than February 21 at 2:00 p.m. 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 Paul Miller, Parks Maintenance Supervisor, at [email protected].
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. 1;
(b) A Statement of Required Information and Experience in the form attached hereto as Attachment No. 2;
(c) A Public Contract Code, Certificate of Non-Collusion Affidavit, and Debarment and Suspension Certification in the form attached hereto as Attachment No. 3;
(d) California Public Works Bid Bond Attachment No. 4 ; and
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. 5.
Contact Nicole McDaniel for any questions related to bid submission a t [email protected]
The City reserves the right to reject any and all bids and any item on items therein, and to waive any non -conformity of bids with this Request for Bids, whether of a technical or substantive nature, as the interest of the City may require.
Bid No. 23-24.27
Eisenhower Park Lake & Stream Maintenance
Site Map
ATTACHMENT NO. 1
EISENHOWER PARK LAKE & STREAM MAINTENANCE
BID SHEET
Date: ________________________________________ Bid Submitted by: ________________________________________ Company Name: ________________________________________ Address: ________________________________________ ________________________________________
Phone #: ________________________________________
E-mail Address: ________________________________________ Contact Name: ________________________________________
____________________________________ ______________________ Signature of Responsible Officer or Employee Print Name
Location Address
Eisenhower Park, 2864 N. Tustin St. 92865
Total bid amount year 1 $_____________
Total bid amount year 2 $_____________
Total bid amount year 3 $_____________
Total bid amount year 4 $_____________
Total bid amount: $_____________
The stated bid amount above constitutes the total dollar amount to perform the work described in the above scope of services and 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 standa rd, and to install and apply all materials per the approved plans and all manufacturer’s specifications and recommendations.
Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is experienced in performing the work and will follow professional standards in performance of the work. All
services provided shall conform to all federal, state, and local laws, rules and regulations and to the best professional standards and practices.
ATTACHMENT NO. 2
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:
3. Company Name:
3. Type of Entity (for example, a California corporation):
2. Number of years’ experience as a licensed contractor engaged in signage installation 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.
3. Name: _____________________________________________________________
Address: ____________________________________________________________
City: ____________________________ State: _____________ Zip: ________
Contact: __________________________ Telephone: (_____) _______________
Type of Project: _____________________________________________________
Contract Duration: ___________________ Annual Contract Amount: __________
3. Name: _____________________________________________________________
Address: ____________________________________________________________
City: ____________________________ State: _____________ Zip: ________
Contact: __________________________ Telephone: (_____) _______________
Type of Project: _____________________________________________________
Contract Duration: ___________________ Annual Contract Amount: __________
3. 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:
3. ____ The undersigned DOES NOT INTEND to subcontract any portion of this project.
3. ____ 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:
________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________
________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________
LIST OF SUBCONTRACTS
A. The undersigned intends to s ubcontract a por tion of this project to the following subcontracts (Note: Refer to Section 2.3 of the Standard Specifications and Section 4100 through 4113 of the California Contract Code for SUBCONTRACT DISCLOSURE REQUIREMENTS.
NAME OF SUBCONTRACTOR LICENSE NO. BID ITEM NO. PERCENT OF BID CHECK IF DESCRIBE WORK $ AMOUNT & ADDRESS ITEMS SUBBED SPECIALTY WHEN LESS THAN BASED ON 100% OF WORK IS BID AMOUNT
SUBBED
3. 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
ATTACHMENT NO. 3:
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares
under penalty of perjury under the laws of the State of California that the bidder has convicted
, has not been
within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term “bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a check mark after “has” or “has not” in one of the blank spaces provided.
The above Statement is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Non-collusion Affidavit
(Title 23 United States Code Section 112
and
Public Contract Code Section
7106)
To the CITY OF ORANGE – DEPARTMENT OF COMMUNITY
SERVICES
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham 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.
DEBARMENT AND SUSPENSION
CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any
Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past
3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Certification.
The undersigned bidder hereby represents as follows:
That no Councilman, officer, agent, or employee of the City of Orange, is personally interested, directly or indirectly, in the Contract, or the compensation to be paid hereunder:
That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud.
By my signature on this bid I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this bid I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.
Date:
Signature and Title of Bidder
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer and Manager thereof).
NAME OF BIDDER
BUSINESS P.O. BOX
CITY, STATE, ZIP
BUSINESS STREET ADDRESS
(Please include even if P.O. Box is used)
CITY, STATE, ZIP
PLACE OF BUSINESS (Include City & State)
PLACE OF RESIDENCE (Include City & State)
Telephone No. ( ) Fax No. ( )
Licensed in accordance with an Act providing for the registration of Contractors.
LICENSE NUMBER
LICENSE CLASS
ATTACHMENT 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 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 severally, by this Bid Bond.
WHEREAS, the Principal is herewith submitting a bid for Bid No. 23-24.27 Eisenhower Park Lake & Stream Maintenance
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. Otherwis e 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 _______________________________, 2023.
CONTRACTOR NAME OF SURETY
BY: BY:
SECRETARY/TREASURER ATTORNEY-IN-FACT
BY:
PRESIDENT/VICE PRESIDENT
NOTARY ACKNOWLEDGEMENTS ATTACHED
ATTACHMENT NO. 5
Sample Liability Insurance
Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01).
2. Insurance Services Office Form Number CA 00 01 covering Automobile Liability, code 1 (any auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and pr operty damage. If
Commercial General Liability i nsurance or
other form with a general aggregate limit
is used, either the ge neral aggregate limit
shall apply separately to this
project/location or the ge neral aggregate
limit shall be twice the required occurrence
limit.
2. Automobile Liability:
$1,000,000
per accident for bodily injury and property
damage.
3. Workers’ Compensation:
As required by the State of California.
4. Employer’s Liability:
$1,000,000
per accident for bodily injury or disease.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, it officers, officials and employees; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
1. The City, its off icers, 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. 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 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 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.
The Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274 • FAX: (714) 744-7251
ADDENDUM #1
Request for Bids (RFB) Bid No. 23-24.27
Eisenhower Park Lake & Stream Maintenance
March 5, 2024
This addendum serves as written notice of the following corrections, clarifications, additions and/or deletions to any and all copies of the Request for Bids Bid No. 23-24.27
1. Is the re-circulation pump included in this RFB?
• No.
2. Where is the aeration compressor located within the park? • In the box adjacent to the lake. The maintenance of the compressor is not included in this RFB. Cleaning the pump entries in the lake itself is included in the RFB.
3. Will the City allow the use of bio bacteria only?
• Yes, only bio bacteria may be used. Absolutely no copper sulfate type chemicals may be used.
4. Do the lake or stream experience sever algae blooms? • No.
5. Does the City stock the lake?
• The California Department of Fish and Wildlife stocks the lake periodically. The City does not have a schedule for this.
6. Does the requirement to maintain the landscape around the stream include mowing? • No. This landscape maintenance refers mainly to the vegetation close to the water including maintaining the papyrus plants and weeding.
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274 • FAX: (714) 744-7251
ADDENDUM #2
Request for Bids (RFB) Bid No. 23-24.27
Eisenhower Park Lake & Stream Maintenance
March 6, 2024
This addendum serves as written notice of the following corrections, clarifications, additions and/or deletions to any and all copies of the Request for Bids Bid No. 23-24.27
The City updated the timeline for this RFB. The new timeline is as follows:
TIMELINE (APPROXIMATE):
1. Mandatory Job walk February 27, 2024 at 10:00 a.m.
2. Deadline for questions regarding RFB February 29, 2024 by 2:00 p.m.
3. Second Mandatory Job Walk March 14, 2024 at 10:00 a.m.*
4. Deadline for second round of questions March 18, 2024 at 2:00 p.m.
5. Bids due April 4, 2024 by 2:00 p.m.
4. Presentation to City Council June 25, 2024
5. Notice to Proceed (NTP) TBD
*The second mandatory job walk will be held at Eisenhower Park, 2864 N. Tustin St., Orange, CA 92865, in the lower parking lot, entrance from E. Main St. Vendors may attend either the first or second mandatory job walk; it is not required to attend both mandatory job walks. However, vendors are permitted to attend both mandatory job walks. Bids received from vendors that did not attend one of the job walks will be deemed non-responsive.
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274 • FAX: (714) 744-7251
ADDENDUM #3
Request for Bids (RFB) Bid No. 23-24.27
Eisenhower Park Lake & Stream Maintenance
March 19, 2024
This addendum serves as written notice of the following corrections, clarifications, additions and/or deletions to any and all copies of the Request for Bids Bid No. 23-24.27
1. The RFB specifies that the selected vendor will be responsible for landscape maintenance within 5 feet of the waterway. Does this include the weeds that appear on the sidewalk around the pond?
• Yes, the selected vendor will be responsible for removing the weeds around the pond.
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274 • FAX: (714) 744-7251 ADDENDUM #2
Request for Bids (RFB) Bid No. 23-24.27
Eisenhower Park Lake & Stream Maintenance
March 6, 2024
This addendum serves as written notice of the following corrections, clarifications, additions and/or deletions to any and all copies of the Request for Bids Bid No. 23-24.27 The City updated the timeline for this RFB. The new timeline is as follows:
TIMELINE (APPROXIMATE):
1. Mandatory Job walk February 27, 2024 at 10:00 a.m.
2. Deadline for questions regarding RFB February 29, 2024 by 2:00 p.m.
3. Second Mandatory Job Walk March 14, 2024 at 10:00 a.m.*
4. Deadline for second round of questions March 18, 2024 at 2:00 p.m.
5. Bids due April 4, 2024 by 2:00 p.m.
4. Presentation to City Council June 25, 2024
5. Notice to Proceed (NTP) TBD
*The second mandatory job walk will be held at Eisenhower Park, 2864 N. Tustin St., Orange, CA 92865, in the lower parking lot, entrance from E. Main St. Vendors may attend either the first or second mandatory job walk; it is not required to attend both mandatory job walks. However, vendors are permitted to attend both mandatory job walks. Bids received from vendors that did not attend one of the job walks will be deemed non-responsive.
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274 • FAX: (714) 744-7251 REQUEST FOR BID (RFB) BID NO. 23-24.27
EISENHOWER PARK LAKE & STREAM MAINTENANCE
BID DUE DATE: March 14, 2024
TIME: 2:00p.m
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: Eisenhower Park Lake & Stream Maintenance Location Address: 2864 N. Tustin St. 92865
Contact Name: Paul Miller, Parks Maintenance Supervisor E-Mail Address: [email protected]
Phone: 714-532-6472
PROJECT DESCRIPTION:
The City of Orange, CA, a Municipal Corporation, is requesting qualified contractors to provide bids in accordance with the specifications prep ared by City of Orange staff. All work shall also conform to City of Orange codes, ordinances , and standards.
The work will generally include, but not be limited to:
Provide regular, and ongoing cleaning and pr eventative maintenance at the stream, lake, and waterfalls located at Eisenhower Park in Orange.
TIMELINE (APPROXIMATE):
1. Mandatory Job walk February 27, 2024 at 10:00 a.m.
2. Deadline for questions regarding RFB February 29, 2024 by 2:00 p.m.
3. Bids due March 14, 2024 by 2:00 p.m.
4. Presentation to City Council May 28, 2024
5. Notice to Proceed (NTP) TBD
BID SUBMISSION:
Provide response to the above Request for Bid on attached Bid Sheet and return all pages of the Request for Bids, including the bid bond and specification sections and references. Bids must be received on February 29, 2024, by 2:00 PM via Electronic Bid Submission, or at the City of Orange, City Clerk’s Office located at:
300 E. Chapman Ave., Orange, CA 92866
OPTION 1:
Electronic Bids may be submitted through the following link at Electronic Bid Submissions and must include all required attachments listed in the Request for Bid document.
OPTION 2:
Responses may be sent via U.S. Mail or delivered personally to the office of the City Clerk at the address listed above. Please provide three copies of bid packets.
BID PACKETS MUST BE LABELLED APPROPRIATELY:
RFB 23-24.27 Eisenhower Park Lake & Stream Maintenance
Attn: City of Orange, City Clerk’s Office
The City reserves the right to reject any and all bids and any item on items therein, and to waive any non -conformity of bids with this Request for Bids, whether of a technical or substantive nature, as the interest of the City may require.
GENERAL PROVISIONS:
$75,
1. A mandatory job walk has been scheduled for Tuesday, February 20 , 2024, at 10:00 a.m. at Eisenhower Park, 2864 N. Tustin St., Orange, CA 92865, in the lower parking lot, entrance from E. Main St.
2. NOTE: All cleaning and maintenance work shall be performed in adherence to the approved specifications listed in this document, City of Orange Landscape Standards and Specifications available at the Public Works counter for NON - REFUNDABLE charge of $12.00 ($15.00 if mailed), the current ed ition of the CalTrans “Green Book” and the City of Orange Park Development Standards and Specifications.
3. The Contractor shall, at all times, carry valid insurance, which meets all City of Orange insurance requirements as outlined in Attachment No. 5.
4. The Contractor shall pay prevailing wages per the current Department of Industrial Relations wage rate (including all scheduled increases) and furnish Certified Payroll Reports for all workdays.
5. All vehicles used by the contractor are to be identified with door signs (approx. 20” x 16”, magnetic sign okay) or equivalent with the company name and phone number. These need to be visible from both sides of said vehicle.
6. Uniforms: All of contractor’s employees shall wear appropriate uniforms at all times while on duty. Uniforms must have the contractor’s name.
7. Background/Security: All personnel engaged in performance of this work shall be employees of the contractor a nd as such shall be warranted to possess sufficient experience and security records to perform this work.
8. All bids must be received, via Electronic Bid Submission or date and time stamped by the City Clerk’s Office on or before the due date stated above. Any bids received after the stated due date and time will be returned unopened.
SCOPE OF WORK AND PROJECT SPECIFICATIONS:
SITE REQUIREMENTS:
• Supply all equipment , biological control agents, and labor necessary for preventative and scheduled maintenance.
• The contractor is responsible for making him/herself familiar with all existing site conditions at the work site within the boundaries of the lake, stream, and waterfall area at Eisenhower Park, including but not limited to water features, ingress/egress and plant material that is to be maintained. • The maintenance contractor is to maintain the job site in a safe condition at all times.
• Park amenities shall be left in a clean, neat , and safe condition after each workday.
Note: The Contractor is responsible for hauling off all debris and dead plant material generated from all of the maintenance operations in this agreement. All debris removed from the lake or stream must be removed from the park on the same day of the work that generated it.
SCOPE OF SERVICES FOR LAKE AND STREAM MAINTENANCE AT
EISENHOWER PARK:
Weekly Maintenance: Weekly Maintenance shall occur and be completed between 7:00 a.m. and 3:00 p.m. per the schedule below:
• May 1 through October 31 (Monday, Wednesday, and Friday) • November 1 through April 30 (Monday and Friday)
Ongoing, year-round maintenance shall include:
1. Trash and debris removal from the lak e and stream. Trash and debris should be picked up and removed from the area. There shall be no blowing of debris into lake or stream. Large bricks, stones and other submerged foreign objects or debris that are visible from the sidewa lk should be removed during this weekly maintenance.
2. Skimmer baskets shall be removed, inspected, cleaned, and correctly reinstalled. Missing or damaged skimmer baskets shall be reported as soon as discovered to the Parks Maintenance Supervisor.
3. Continual control, removal, and management of filamentous algae, and all other aquatic plant material.
4. Remove, trim, and maintain plant material along the stream and lake edges.
Said maintenance is to include the regular trimming of the existing aquatic (Papyrus) plantings and weed removal and abatement within 5 feet of entire stream and lake edge.
5. Add Enviro-zyme and/or other biological agents as required each week to remove unwanted nutrients.
6. Maintain water quality of lake, stream, and feeder pond to be clear, free of excessive aquatic plant material, free of algae growth, free of excessive nitrates and other nutrients that negatively affect water quality , and free of trash and debris . Maintain healthy oxygen levels at all depths of the lake and stream.
7. Maintain lake ph. at 7.0.
8. Power wash all sidewalks, boulders, and hardscape adjacent to the lake one time per week to remove duck feces and other debris. Said power washing is to be accomplished using ‘lake’ water by means of a submersible water pump system. All power washing lake water is to be directed back into the lake. All pumping/washing equipment is to be provided by the contractor.
Monthly Maintenance (year-round): Work may occur Monday through Friday.
1. Power-wash the waterfall monthly during the first week of the month.
2. Remove and clean aerators.
3. Amend lake with biological agents as required to maintain water quality.
4. Papyrus plants along stream bed shall be trimmed and dead stalks removed, being careful not to damage new growth. Papyrus plants will be kept trimmed to ensure visibility through the park.
5. Remove all weeds, palm tree starts , and any other undesirable plant material within 5 feet from entire stream bed edge and all around lake edge.
Annual Maintenance: Work may occur Monday through Friday.
1. Dredge and clean out suction pump intake area. The intake is in the North-West area of the lake and is where the pumps push water from the main lake to the upper pond to create flow for the stream and waterfalls.
2. Dredge 25% of the lake bottom each year to remove decaying algae, deposits, and sediment.
a. North-East Quadrant in September of 2024
b. South-East Quadrant in September of 2025
c. South-West Quadrant in September of 2026
d. North-West Quadrant in September of 2027
3. Service all skimmers and all aerators annually in conjunction with dredging. Periodic service on skimmers and aerators may be more frequent if needed. Report findings on condition of each skimmer and aerator to City’s representative.
________________________________________________________ Contract Payment
The Contractor will be paid monthly for satisfactory work performed under this contract. By the 10 th day of the month, the Contractor shall submit a detailed invoice and all reports required in the contract for work performed in the prior month including a breakdown of work performed and all materials or supplies that are utilized.
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. The City shall pay all submitted invoices within 30 days of approval.
D. Any charges in the invoice not approved by the City’s representative shall not be paid by the City.
E. A written estimate for all work that is above and beyond the normal scheduled maintenance work must be provided to the City’s representative for all additional work requested and agreed upon between the contractor and the City’s representative. All additio nal work shall not proceed without written approval of the City’s representative.
Contract Non-performance
If the Contractor fails to execute the work in the manner and at such locations as specified or fails to maintain the work schedule which will ensure the City’s interest, or if the Contractor is not carrying out the interest of the Contract, the City shall notify the Contractor both verbally and in writing demanding satisfactory compliance with the Contract. The Contractor will have one (1) day to respond to said issue and begin correction. If the Contractor does not perform the work in question within the time specified in said notice or fails to continue to comply, the City may then complete the work by City forces, by letting the unfinished work to another contractor, or by a combination of such methods. In any event, the cost of completing the work sha ll be charged against the Contractor and may be deducted from any money due or becoming due from the City. In the event the Contractor does not perform the work in question, the City has no obligation to pay the contractor for work not performed.
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. Contractor’s failure to make payments properly to subcontractors, or for materials and/or labor.
D. A reasonable doubt that the Contractor will not complete his 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.
Performance During Inclement Weather
During the periods when inclement weather hinders normal operations, the Contractor shall adjust his workforce in order to accomplish those activities that are not affected by weather.
A. Failure to adjust the workforce to show good progress on the work shall result in deduction of payments to reflect only the work accomplished.
B. The Contractor shall immediately notify the City when the work force has been removed from the job site due to inclement weather, or other reasons.
Protection and Restoration of Existing Improvements
All damage incurred to existing facilities and improvements by the Contractor's operations shall be repaired or replaced at the Contractor's expense. The Contractor shall complete corrective action within the following time frames subsequent to verbal and/or written notification:
A. General 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. Re -seeding 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.
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.
4. Damage to trees shall be repaired at the expense of the Contractor, in the following manner:
a) Minor damage, such as bark lost from mechanical equipment, shall be remedied by a qualified Tree Surgeon or Arborist. b) 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. If the tree in question is of a large specimen size not available from normal nursery stock, a replacement ratio of trees will be determined by the City Representative to be supplied and planted by the Contractor at his own expense.
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5. Hardscape facilities damaged shall be repaired with materials approved by the City.
6. All damage resulting from chemical application and/or operation, either by spray-draft, improper application, lateral leaching, or other means, shall be corrected in accordance with the previous provisions and the soil conditioned to ensure its ability to support plant life.
7. All landscape repairs will comply with current City Landscape Standards and Specifications. The Contractor is responsible for all repair related maintenance such as, but not limited to, watering and fertilizing of replaced plant materials until accepted by the City.
Underground Excavations
If the City requests or directs the Contactor to perform work in a given area, in any Park Site, 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 immediately notify the City and contact the Underground Service Alert, call 1- (800) 227-2600, 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, provided that should the Contractor, in the performance of the work, disturb, disconnect or damage any of the above, all expense arising from such disturbance or in the replacement or repair thereof, shall be borne by the Contractor.
Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances that apply to any work performed pursuant to the contract.
A noise level limit of 65 dba at a distance of fifty feet (50’) shall apply to all construction and/or 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 resident s near any Park Site shall commence before 7:00 a.m.
Monday through Friday, and 8:00 a.m. on Saturdays, Sundays, and Holidays.
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 therefore.
SPECIAL INSTRUCTIONS:
1. The contractor shall provide with this bid a minimum of three (3) references of commensurate/equal lake maintenance 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 contract cost of said work.
• A contact person and phone number to directly contact that person to verify lake maintenance work and contractor performance.
2. The City reserves the right to reject any contract or who they feel does not meet the qualifying work experience or provides 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. building, sidewalks, curbs, landscape, etc.) are to be protected from all maintenance work and equipment. Any damage to any existing site amenities including work outside of the lake and stream maintenance area will be repaired or replaced at the contractor’s expense to the satisfaction of the City of Orange.
5. The Cont ractor will be responsible for labor and m aterials for this project/work.
6. The Contractor is required to maintain a business license with the City of Orange for the duration of this agreement.
7. All questions regarding this request for bid are to be submitted by email to Paul Miller, Parks Maintenance Supervisor, at
[email protected]. All e-mails must be labeled ‘Eisenhower Park Lake and Stream Maintenance RFB’ and submitted to Paul Miller no later than February 21 at 2:00 p.m. 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 Paul Miller, Parks Maintenance Supervisor, at [email protected].
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. 1;
(b) A Statement of Required Information and Experience in the form attached hereto as Attachment No. 2;
(c) A Public Contract Code, Certificate of Non-Collusion Affidavit, and Debarment and Suspension Certification in the form attached hereto as Attachment No. 3;
(d) California Public Works Bid Bond Attachment No. 4 ; and 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. 5.
Contact Nicole McDaniel for any questions related to bid submission a t [email protected]
The City reserves the right to reject any and all bids and any item on items therein, and to waive any non -conformity of bids with this Request for Bids, whether of a technical or substantive nature, as the interest of the City may require.
Bid No. 23-24.27
Eisenhower Park Lake & Stream Maintenance
Site Map
ATTACHMENT NO. 1
EISENHOWER PARK LAKE & STREAM MAINTENANCE
BID SHEET
Date: ________________________________________
Bid Submitted by: ________________________________________ Company Name: ________________________________________ Address: ________________________________________
________________________________________
Phone #: ________________________________________
E-mail Address: ________________________________________ Contact Name: ________________________________________
____________________________________ ______________________ Signature of Responsible Officer or Employee Print Name Location Address
Eisenhower Park, 2864 N. Tustin St. 92865
Total bid amount year 1 $_____________
Total bid amount year 2 $_____________
Total bid amount year 3 $_____________
Total bid amount year 4 $_____________
Total bid amount: $_____________
The stated bid amount above constitutes the total dollar amount to perform the work described in the above scope of services and 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 standa rd, and to install and apply all materials per the approved plans and all manufacturer’s specifications and recommendations.
Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is experienced in performing the work and will follow professional standards in performance of the work. All (714)467-1741/ (714)334-7234
34,650.00
36,400.00
38,200.00
40,100.00
149,350.00
EMILIO SANCHEZ/Pete Eich
BIO AQUATICS LAKE MANAGEMENT LLC/ Environmental Water Services [email protected]/ [email protected] EMILIO SANCHEZ/ Pete Eich
03/12/2024
3016 Everwood Dr.
Riverside, CA 92503
Emilio Sanchez
services provided shall conform to all federal, state, and local laws, rules and regulations and to the best professional standards and practices.
ATTACHMENT NO. 2
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:
3. Company Name:
3. Type of Entity (for example, a California corporation):
2. Number of years’ experience as a licensed contractor engaged in signage installation 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.
3. Name: _____________________________________________________________ Address: ____________________________________________________________ City: ____________________________ State: _____________ Zip: ________ Contact: __________________________ Telephone: (_____) _______________ Type of Project: _____________________________________________________ Contract Duration: ___________________ Annual Contract Amount: __________
3. Name: _____________________________________________________________ Address: ____________________________________________________________ City: ____________________________ State: _____________ Zip: ________ Contact: __________________________ Telephone: (_____) _______________ Type of Project: _____________________________________________________ Contract Duration: ___________________ Annual Contract Amount: __________ 12 Lake Maintenance
Kelsey Carey (Comm. Assoc. Manager)
$75,000.00
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661
964-1525
Valencia
CA
91355
27644 Newhall Rd. #45
Bridgeport Community Association
CA
Lake Maintenace
Portola Country Club
42500 Portola Avenue
Palm Desert
92260
Pete Ayon
760
565-2226
$27,120
LLC
BIO AQUATICS LAKE MANAGEMENT LLC
3. 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:
3. ____ The undersigned DOES NOT INTEND to subcontract any portion of this project.
3. ____ 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:
________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ 31943 Agoura Road
Westlake Village Inn
Westlake Village
CA
91361
$50,100.00
Not Applicable
Patrick Ponce
Lake Maintenace
653-3005
818
LIST OF SUBCONTRACTS
A. The undersigned intends to s ubcontract a por tion of this project to the following subcontracts (Note: Refer to Section 2.3 of the Standard Specifications and Section 4100 through 4113 of the California Contract Code for SUBCONTRACT DISCLOSURE REQUIREMENTS.
NAME OF SUBCONTRACTOR LICENSE NO. BID ITEM NO. PERCENT OF BID CHECK IF DESCRIBE WORK $ AMOUNT & ADDRESS ITEMS SUBBED SPECIALTY WHEN LESS THAN BASED ON 100% OF WORK IS BID AMOUNT
SUBBED
3. 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
ATTACHMENT NO. 3:
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
has
If the answer is yes, explain the circumstances in the following space.
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Non-collusion Affidavit
(Title 23 United States Code Section 112
and
Public Contract Code Section
7106)
To the CITY OF ORANGE – DEPARTMENT OF COMMUNITY
SERVICES
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham 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.
DEBARMENT AND SUSPENSION
CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past
3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Certification.
The undersigned bidder hereby represents as follows:
That no Councilman, officer, agent, or employee of the City of Orange, is personally interested, directly or indirectly, in the Contract, or the compensation to be paid hereunder:
That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair, and without collusion or fraud.
By my signature on this bid I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this bid I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.
Date:
Signature and Title of Bidder
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer and Manager thereof).
NAME OF BIDDER
BUSINESS P.O. BOX
CITY, STATE, ZIP
BUSINESS STREET ADDRESS
(Please include even if P.O. Box is used)
CITY, STATE, ZIP
PLACE OF BUSINESS (Include City & State)
PLACE OF RESIDENCE (Include City & State)
Telephone No. ( ) Fax No. ( ) Licensed in accordance with an Act providing for the registration of Contractors.
LICENSE NUMBER
LICENSE CLASS
714
467-1741
Type text here
BIO AQUATICS LAKE MANAGEMENT LLC/ Environmental Water Services 3016 EVERWOOD DR.
RIVERSIDE, CA 92503
RIVERSIDE, CA
RIVERSIDE, CA
03/12/2024
Emilio Sanchez
CEO of Bio Aquatics Lake Management
LLC
ATTACHMENT 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 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 severally, by this Bid Bond.
WHEREAS, the Principal is herewith submitting a bid for Bid No. 23-24.27 Eisenhower Park Lake & Stream Maintenance 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. Otherwis e 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 _______________________________, 2023.
CONTRACTOR NAME OF SURETY
BY: BY:
SECRETARY/TREASURER ATTORNEY-IN-FACT
BY:
PRESIDENT/VICE PRESIDENT
NOTARY ACKNOWLEDGEMENTS ATTACHED
Type text here
NOTE: APPPLIED FOR 4 YEAR BOND
ATTACHMENT NO. 5
Sample Liability Insurance
Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01).
2. Insurance Services Office Form Number CA 00 01 covering Automobile Liability, code 1 (any auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and pr operty damage. If
Commercial General Liability i nsurance or
other form with a general aggregate limit
is used, either the ge neral aggregate limit
shall apply separately to this
project/location or the ge neral aggregate
limit shall be twice the required occurrence
limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California.
4. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, it officers, officials and employees; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions:
1. The City, its off icers, 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. 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 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 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.
The Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein.
Total Compensation Up to $164,285
Up to $38,115.00
Up to $40,040.00
Up to $42,020.00
Up to $44,110.00
Year 3: 7/2024 through 6/2027
Year 4: 7/2024 through 6/2028
Year 2: 7/2024 through 6/2026
Compensation for Bio Aquatics Lake Management, LLC
Maintenance Services for Eisenhower Park Lake & Stream (RFB 23-24.27) Four Year Term
July 1, 2024 through June 30, 2028
Year 1: 7/2024 through 6/2025