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Home My WebLink About25D - AGREEMENT WITH MAJOR LEAGUE INFIELDS AND PROFESSIONAL SPORTS FIELD INCREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2020 TITLE: APPROVE AGREEMENTS WITH MAJOR LEAGUE INFIELDS, INC. AND PROFESSIONAL SPORTS FIELD MAINTENANCE, INC. TO PROVIDE IN- FIELD BALL DIAMOND MAINTENANCE SERVICES AT CITY PARKS FOR AN ANNUAL AMOUNT NOT TO EXCEED $323,626.60 AND $66,595.10, FOR THE PERIOD FEBRUARY 1, 2020 TO JANUARY 31, 2024 (TOTAL AGREEMENT AMOUNTS OF $1,294,506.40 AND $266,380.40)TO BE FUNDED BY THE GENERAL FUND {STRATEGIC PLAN NO. 6, 1B} /s/Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager to execute agreements with Major League Infields, Inc. and Professional Sports Field Maintenance, Inc. to provide in -field ball diamond maintenance services at city parks for an annual amount not to exceed $323,626.60 and $66,595.10, which includes a 10 percent contingency, for the period from February 1, 2020 to January 31, 2024 for total agreement amounts of $1,294,506.40 and $266,380.40 to be funded by the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On October 7, 2019, the Parks, Recreation and Community Services Agency (PRCSA) issued a Request for Proposal (RFP) for in -field ball diamond maintenance of all four districts. The City notified 16 companies (4 Santa Ana companies), 17 companies downloaded the documents (one Santa Ana company), and two companies submitted proposals (zero Santa Ana companies) for in- field ball diamond maintenance for city parks. An evaluation committee consisting of three representatives from PRCSA Park Facilities Division reviewed and rated the proposals. The proposals were evaluated according to the criteria listed in the RFP, which includes firm/team experience, reference/relevant project experience, listing of resources, manner for performing services/schedule and fee. The results of the RFP evaluation were as follows: 25D-1 Agreements with Major League Infields, Inc. and Professional Sports Field Maintenance, Inc.to provide in -field ball diamond maintenance services at city parks January 21, 2020 Page 2 IN -FIELD MAINTENANCE DISTRICTS 1, 2, 3, 4 Rankin Major League Infield, Inc. 1 Professional Sports Field Maintenance, Inc. 2 The City proposes to enter into four-year agreements with each proposer. Major League Infields, Inc. would maintain fields for Districts 1, 3, and 4. Professional Sports Field Maintenance would maintain fields in District 2. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). FISCAL IMPACT The FY 2019-20 budget contains new allocations in alignment with Measure X funding including increased funding in the PRCSA for improving the scope of contract services for landscaping, trees, lakes, ball diamonds, and custodial. The in -field ball diamond maintenance services proposals are higher than anticipated, however PRCSA has enough funding for FY 2019-20 to cover the increased cost for the remainder of the fiscal year. Additional funding for the in -field maintenance ($52,000) is required to continue the in -field ball diamond maintenance services agreement in FY 20-21 and beyond. Funds are available in the followinq account for the specified fiscal year of the initial term: Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Descri tion Description FY 19-20 01113250- General Fund Park Facilities, $162,592.38 62320 Maint. & Repair/ Bldn . & Ground Funds will be budgeted and made available in the following account for the specified fiscal years of the remaining term: Fiscal Accounting Fund Accounting Unit, Account Annual Year Unit -Account # Descri tion Description Amount FY 20-21 01113250- General Fund Park Facilities, $390,221.70 to 22-23 62320 Maint. & Re air / Bldn . & Ground Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description FY 23-24 01113250- General Fund Park Facilities, $227,629.32 62320 Maint. & Re air / Bldn . & Ground 25D-2 Agreements with Major League Infields, Inc. and Professional Sports Field Maintenance, Inc.to provide in -field ball diamond maintenance services at city parks January 21, 2020 Page 3 The total agreement amounts for the four-year term are $1,294,506.40 and $266,380.40. APPROVED AS TO FUNDS AND ACCOUNT: Lisa Rudloff Kathryn Downs, CPA Executive Director Executive Director Parks, Recreation, and Community Finance and Management Services Agency Services Agency Exhibits: 1. Agreement -Major League Infields, Inc. 2. Agreement -Professional Sports Field Maintenance, Inc. 25D-3 Exhibit 7 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MAJOR LEAGUE INFIELDS, INC. THIS AGREEMENT is hereby made and entered into this 21st day of January, 2020, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and Major League Infields, Inc., a California Corporation ("Consultant"). RECITALS A. The City issued Request for Proposal ("RFP") 19-093 on October 7, 2019 for in - filed ball diamond maintenance for City parks in districts 1-4. City's RFP is incorporated herein by reference as though fully set forth below. B. Consultant submitted a proposal in response to RFP 19-093 and has been selected for award of the contract for districts 1, 3, and 4. B. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide baseball diamond infield maintenance services in City districts 1, 3, and 4 as outlined in more detail in the City's RFP and the attached Exhibit "A." 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the fees and rates set forth in consultant's proposal submitted in response to City's RFP and Exhibit B of this Agreement. The total sum to be expended under this Agreement shall not exceed $1,294,506.40 for the entire term of this Agreement. The annual not to exceed amount for this Agreement is 323,626.60, which includes a base annual Agreement amount of $294,206.00 plus a 10% contingency of $29,420.60 to be exercised at the City's sole discretion. b. City will be invoiced by Consultant monthly. Payment will be made within forty-five (45) days of the date of the invoice. 3. TERM The term of this Agreement shall commence on February 1, 2020 and terminate on January 31, 2024, unless terminated earlier in accordance with Section 13, below. Page 1 of 8 421454v1 2 5 D-4 Exhibit 7 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance, which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's negligent operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The insurance policy shall not have an exclusion for sexual molestation. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with California State law, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. Page 2 of 8 N214540 2 5 D-5 Exhibit 7 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be fumished to the City upon execution of this Agreement and shall be approved in form by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors; agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 3 of 8 N21454vi 2 5 D-6 Exhibit 7 7. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 8. CONFIDENTIALITY If Consultant received from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant and disclosed without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 4 of 8 "214540 25D-7 Exhibit 7 To City: City of Santa Ana City Clerk (M-30) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-4211 And: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647-6515 To Consultant: Mr. David R. Johnson, President Major League hifields, Inc. 508 East Chapman Avenue Fullerton, California 92632 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail and will serve to fully supersede existing Agreement. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms or conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, Page 5 of 8 N21454vl 25D-8 Exhibit 7 promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 13. TERMINATION Except as otherwise specified herein, this Agreement may be terminated by the City with thirty (30) days written notice of termination to the Consultant. a. As a condition of such payment, the City may require Consultant to deliver to the City all the work product completed, as of such date, and in such case, such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes, as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. BACKGROUND CHECK REQUIREMENTS Consultant shall not assign any employee, agent, subcontractor or volunteer to provide services pursuant to this Agreement, if that employee, agent, subcontractor or volunteer is required to register as a sex offender under California Penal Code Section 290 et seq, has a conviction for any crime of moral turpitude, has a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190- 190.4 and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314, 347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729. Failure to comply with this Section shall be grounds for immediate termination of this Agreement. 15. NON-DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic Page 6 of 8 #21454v ` 2 5 D-9 Exhibit 7 information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. Page 7 of 8 #21454vt 25D-10 Exhibit 7 b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Attorney Z�C�,i.-v7GL Ii By: LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: LISA RUDLOFF Executive Director of Parks, Recreation and Community Services Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager MAJOR LEAGUE INFIELDS, INC By: David R. Johnson, President Page 8 of 8 #21454vl 25D-11 Exhibit 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attomey By: LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL LISA RUDLOFF Executive Director of Parks, Recreation and Community Services Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager MAJOR LEAGUE INFIELDS, INC By: David R. Johnson, President Page 8 of 8 25D-12 Exhibit 7 EXHIBIT A SCOPE OF SERVICES nziasavi 25D-13 Exhibit 7 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFIELD BALL DIAMOND MAINTENANCE RFP NO.: 19-093 Introduction and Background The City of Santa Ana intends to enter into agreement with a contractor whose specialty is maintaining baseball/softball infields and warning tracks. State of California Licensed C-27 Contractor specializing in Ball Diamond In -Field Maintenance shall provide in -field and warning track brickdust maintenance for Baseball/Softball Diamonds per the specifications and conditions listed below. Description of Work BALL DIAMOND LOCATIONS/QUANTITIES/TYPES OF DIAMONDS 1.0 DISTRICT I 1.1 El Salvador Park -District 1 1.1.1 Two (2) 60' base path Little League diamond with skinned brickdust infields. 1.1.2 Three (3) base path T-Ball diamonds with skinned brickdust infields. 1.2 Riverview Park -District 1 1.2.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 1.2.2 One (1) 60' base path Major Little League diamond with sport turf and brickdust infield. 1.2.3 One (1) Minor Little League diamond with sport turf and brickdust infield. 1.2.4 Two (2) T-Ball Little League diamond with sport turf and brickdust infield. 1.3 Rosita Park -District 1 1.3.1 One (1) 80'/90' base path Little League Junior/Senior diamond with sport brickdust infield. 2.0 DISTRICT 2 2.1 Cabrillo Park -District 2 2.1.1 One (1) 80'/90' base path Little League Junior/Senior diamond with skinned brickdust infield. 2.2 Morrison Park -District 2 City of TAPP 7419-093 Exhibit 7 2.2.1 One (1) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield. 2.3 Portola Park -District 2 2.3.1 One (1) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield. 2.4 Santiago Park -District 2 2.4.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield. 3.0 DISTRICT 3 3.1 Delhi Park -District 3 3.1.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 3.2 Madison Park -District 3 3.2.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 3.2.2 One (1) T-Ball diamond with skinned brickdust infield. 3.3 Memorial Park -District 3 3.3.1 One (1) 80'/90' base path Little League Junior/Senior diamond with sport turf/brickdust infield. 3.3.2 One (1) 60' base path Little League diamond with combination sport turf/brickdust infield. 3.3.3 Two (2) 60' base path Little League diamonds with skinned brickdust infields. 4.0 DISTRICT 4 4.1 Adams Park -District 4 4.1.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 4.2 Centennial Park -District 4 4.2.1 Two (2) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infields. 4.3 Heritage Park -District 4 4.3.1 One (1) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infield. 4.4 Jerome Park -District 4 4.4.1 One (1) 80'/90' base path Little League Junior/Senior diamond with sport turf/brickdust infield. 4.4.2 Two (2) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infields. 4.5 Thornton Park -District 4 4.5.1 Three (3) 60' base path Girls Softball diamond with skinned brickdust infield. City of 92V; T519-093 Exhibit 7 4.6 Windsor Park -District 4 4.6.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield. SCHEDULE OF WORK TO BE COMPLETED 5.0 DISTRICT 1 5.1 El Salvador Park: 5 Days per week, Januarylst to July 31st 3 Day per week, August Is` to December 31st 5.2 Riverview Park: 5 Days per week, January st to July 31 st 3 Day per week, August lst to December 31st 5.3 Rosita Park: 5 Days per week, Januaryl st to July 31 st 3 Day per week, August I" to December 3lst 6.0 DISTRICT 2 6.1 Cabrillo Park: 5 Days per week, Januarylst to July 31st 3 Day per week, August 1st to December 31s` 6.2 Morrison Park: 3 Days per week Year Round 6.3 Portola Park: 5 Days per week, Januaryl st to July 3I st 3 Day per week, August 1S1 to December 31st 6.4 Santiago Park: 5 Days per week Year Round 7.0 DISTRICT 3 7.1 Delhi Park: 1 Day per week year round 7.2 Madison Park: 5 Days per week, Januarylst to July 31 st 3 Day per week, August 1 sc to December 31 st 7.3 Memorial Park: 5 Days per week, January st to July 31 st 3 Day per week, August I"to December 31st 8.0 DISTRICT 4 8.1 Adams Park: 5 Days per week, January st to July 31 st 3 Day per week, August 1" to December 31 st 8.2 Centennial Park: 5 Days per week, January Ist to July 31st 3 Day per week, August 1" to December 31st 8.3 Heritage Park: 1 Day per week Year round 8.4 Jerome Park: Field #1 5 Days per week, January 1 st to July 31 st 3 Day per week, August 1 st to December 31:t City of SE F f V 9-093 Exhibit 7 Field #2 & #3 5 Days per week, January Ist to July 31st 3 Day per week, August 1" to December 31 st 8.5 Thornton Park: 5 Days per week Year Round 8.6 Windsor Park: 5 Days per week, January st to July 31 st 3 Day per week, August 1 S1 to December 31 st BALL DIAMOND MAINTENANCE 9.0 Field Composition Mix (Brickdust) To Be Used When Maintaining Infields. 9.1 Field In General 9.1.1 When adding field composition mix (brickdust) to any City of Santa Ana infield, the specific type of material to be used is: Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). 9.2 Pitcher's Mound/Home Plate/Basepath Areas 9.2.1 When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix. 9.3 Warning Track 9.3.1 When adding field composition mix to ball diamond warning tracks the specified type of material to be used is: Stabilizer Solutions Stabilizer Warning Track Mix. 10.0 Equipment The contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment: 10.1 Utility Vehicle 10.1.1 Small tight turn radias (IYR) 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 brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 10.2 Drags 10.2.1 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 be %z" in diameter. Pull chain shall be included. 10.2.2 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 that 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. City of S6AAPP1 FT 719-093 Exhibit 7 10.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter/gentle movement of brickdust. This drag shall be galvanized metal "door -mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. 10.2.4 Nail Drag: Used to lightly roughen infield surface. Use True Pitch Mound Nail Drag or approved equal 10.3 Other Equipment 10.3.1 Hand Tamp: 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate and pitching mound. 10.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 10.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be made of aluminum, 36" wide and a 6' handle. 10.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop shovels. 10.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to I" top quality construction with 225-psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. 10.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. 10.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min. wide with heavy-duty dual weight bristles. 10.4 Wet Conditions Equipment" (Add to equipment above) 10.4.1 During periods of inclement weather or when the areas are wet the contractor shall have "on -hand" during all brickdust maintenance operations the following items: 10.4.2 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium/aluminum head. 10.4.3 "Super Sopper": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 10.4.4 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 10.4.5 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile-covered sponge typical for absorbing chemical spills. 11.0 Meetings 11.1 Contractor shall provide City of Santa Ana staff with a contact English speaking person and a phone number to reach the contact person from the hours of 6:30am — 5:00pm, Monday— Saturday. 11.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor". This site supervisor shall meet with staff as requested at time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns that may arise and any goals for the week. City of S2V1IfA19-093 Exhibit 7 11.3 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). 12.0 Daily Infield & Warning Track Maintenance 12.1 General 12.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 12.1.2 Contractor shall keep brickdust and dugout areas in a clean and weed free condition. Dugouts shall be completely free of any brickdust or other stains/gum, sunflower seeds, debris, etc. 12.1.3 Contractor shall sweep/pressure wash out dugouts so they are 100% free of brickdust, brickdust stains or any other debris. 12.1.4 Contractor shall clean mow strips, backstops, chain link fencing, including brickdust build-up along bottom rails. 12.2 Maintenance Procedure 12.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in -field and re- install after all work on in -field is completed. 12.2.2 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. 12.2.3 The Contractor shall rake/shovel loose material from high spots back into low spots/wom areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field before any watering or dragging shall take place. 12.3 Home Plate Area/Batter's Box Area Holes (follow Gail Materials home plate/pitchers mound maintenance video) 12.3.1 Sweep/Rake away all loose brickdust-mound mix -calcine clay. 12.3.2 Wet area until moist. 12.3.3 Scarify area (`s) [batter's box hole (`s)] with shovel. This will help the mix bind better. 12.3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 12.3.5 Backfill "mound -mix" material into hole (`s). 12.3.6 Tamp the area firmly with steel tamp. 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. 12.3.7 Wet area until moist using a hose and power nozzle. Cover areas with calcified clay. 12.4 Pitcher's Mound 12.4.1 Follow same procedure for repair of home plate/batter's box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. 12.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix". 12.5 General Brickdust Skinned Infield Areas City of SE -O,PPT r�P119-093 Exhibit 7 12.5.1 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 Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). brickdust from stock and make level. 12.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop; dugout chain link fencing and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 12.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going air borne. 12.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag". Circular or figure eight drag patterns shall be used (see details 1-A & 1-B). 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 mph. 12.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18". This will help in avoiding lips at brickdust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 12.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 12.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time 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. 12.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake". The rake shall be held at an angle as to not push brickdust onto/into turf areas. 12.5.9 After raking the 36" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water nozzle or heavy duty broom. NO brickdust shall be permitted on the turf edges at any time. If in the determination of City staff, an unsafe lip situation exists (an unsafe lip is %z" or greater) in any turf/brickdust border area infield to brickdust, base -paths or brickdust to outfield), contractor will be required to remove or level the soil build-up with a sod cutter and re-establish the in -field boundaries with a string line or suitable method and re -sod up to the border to remedy the situation at contractors expense. Pre-existing conditions shall be corrected during contract start-up. 12.6 Final Watering 12.6.1 This is the most time consuming and a very important element of the procedure. 12.6.2 The contractor shall final water the skinned brickdust to a depth of/4" minimum. 13.0 Rainy Weather/Wet Field Procedure 13.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 13.1.1 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. 13.1.2 Rake out (scarify) wet areas. 13.1.3 Apply Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) from stock to all Wet Areas and Rake Out. Cap with calcified clay Turface. City of 14PP,.7®19-093 Exhibit 7 14.0 Work to be Completed SIX (6) TIMES PER YEAR 14.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Cap with calcified clay Turface. Note: 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). 14.2 Heavy water scarified and cut and leveled areas to a V2" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi-monthly scarify/cut and level drag dates to contractor. 15.0 Work to be Completed "ANNUALLY" 15.1 Each year, the following renovation is to be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year. 15.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 15.1.2 Contractor shall verify and maintain all base distances, pitching rubber distances and pitching mound specifications per the Little League, Pony/Colt League specifications for each specific field. Contractor shall use surveying equipment to verify first and third base are true 90 degree angles, second base is 45 degrees and foul poles are in the correct location from the apex of home plate. Contractor shall repair any specifications not being met on any field. In addition, the Director's Representative may elect to pay extra for the Contractor to install 1/2" new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) to in -fields at all diamonds (minimum 25 tons per Girls Softball/Major Little League Field and minimum 50 tons per Junior/Senior Little League Field). Also, the Director's Representative may elect to pay extra for the Contractor to install a minimum of 2 ton of Turface calcite clay per Girls Softball/Major Little League Field and 4 tons of Turface calcite clay to Junior/Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. 15.1.3 Contractor shall rebuild pitcher's mound and batters boxes to MLB specifications for high schooUcollege/senior-junior diamonds and Little League specifications for Little League major diamonds using Hill Topper Mound Mix capped with calcified clay by Turface. 16.0 Work To Be Completed "AS DIRECTED" 16.1 Replace Base Anchors as directed. Note: City of Santa Ana uses the Hollywood Breakaway base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. City of S2APP R 119-093 Exhibit 7 16.2 Replace Bases as directed. Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed. 16.3 Replace or Remove/Level/Re-Install home plates as directed. Home plate shall be 1" above finish grade of batters circle. 16.4 Replace or Remove/Level/Re-Install pitching rubbers as directed. Note: City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. 16.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 17.0 Sport Turf (Infield/Waming Track/Cricket Pitch) Maintenance 17.1 Sport turf shall mean all sport turf in the infield, the foul territory of the infield, 36" beyond the infield skin line/arc and 36" from the warning track brickdust skin line/arc and the cricket pitch at Centennial Dan Young Soccer Complex Fields#5 & #6. Sport turf shall be mowed and edged one (1) time per week. Mowing shall be accomplished by walk -behind reel mower — Jacobsen Eclipse2 reel mower, TruCut or John Deere Walk Greens Mowers (180 E-Cut Hybrid, 220-E Cut Hybrid, 180SL-220SL-260SL Precision Cut units along skinned infield/warning track brickdust areas, turf infields, turf infield foul areas, foul territories and cricket pitch. Additional mowers may be submitted for approval by the City. 17.1.1 Contractor shall use a Jacobsen Eclipse2, TmCut or John Deere walk -behind "greens" reel mower to provide "putting green" quality finish cut. 17.1.2 Sport turf shall be cut between %z" and V per Director's Representative direction. 17.1.3 All turf clippings shall be collected and disposed of. 17.1.4 Edging of infield are shall be performed by infield sub. Straight lines shall be edged by running a string line to assure lines are edged perfectly straight. 17.2 Sport turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. 17.2.1 Contractor shall check and program the automatic irrigation controller as often as necessary to assure the correct amount of water is applied to the infield sport turf. 17.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. Optional As Extra Work — Sport turf shall be fertilized two (3) times per year in the first week of January and April and when the field is renovated each year per the agronomic plan. The Contractor shall use California Organic products `Phyta- Boost' 7-1-2 fertilizer at 600 pounds per acre, and `Compel' compost at 300 pounds per acre. 17.2.3 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. 17.2.4 Sport turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff. 17.3 Sport turf shall be kept weed free at all times. 17.3.1 Any grasses other than the original hybrid Bermuda, and cropped over perennial rye installed in the infield shall be eradicated immediately upon notice. The City of S6f�g1 PI'� L 7219-093 L Fal1€ Exhibit 7 Contractor may choose the method of eradication, however, may not damage the turf. 17.3.2 Any broadleaf and/or turf type weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 17.4 Sport turf shall be kept pest free of disease and rodents at all times. 17.4.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 17.5 Sport Turf Renovation-Overseeding 17.5.1 Sport/Priority turf shall be renovated-overseeded each year per the Sport/Priority Turf Annual Schedule. All seed quantities and type specified shall be verified by the Director's Representative prior to any applications. The process for renovation- overseeding shall be as follows: 17.5.2 Contractor shall install a 6' high temporary construction fence around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeded in accordance with the park map depicting the sport/priority turf areas. 17.5.3 Turf shall be mowed down to %4". All turf clippings shall be removed. 17.5.4 Turf shall be aerated using the Ryan piston driven aeration equipment. Contractor shall make two -passes in different directions per the Director's Representatives direction. 17.5.5 Turf shall then be verticut using the greens mower with verticut reels (straight blades 1.5" to 2" apart) Following verticutting all turf clippings shall be removed. 17.5.6 Contractor shall coordinate with the Irrigation Consultant to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. 17.5.7 Once the Irrigation Consultant verifies the irrigation system is working efficiently, the Contractor shall evenly overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 350 pounds per acre; and, b) Stover Seed Company's Pro Sportfield Extreme in the spring/summer at a rate of 65 pounds per acre. 17.5.8 Immediately after overseeding the Contractor shall evenly apply '/4" minus STA approved compost topper from R&S Soils to all turf applied at a rate of 35 cubic yards per acre mixed with California Organic 7-1-2 Phyta Boost organic fertilizer at a rate of 600 pounds per acre (35 c.y. top dress mix/600# 7-1-2 organic fertilizer). 17.5.9 Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination of seed. Once the renovation process is complete, the Irrigation Consultant shall retake control of the irrigation programming. 17.6 Overseeding Germination Guarantee 17.6.1 The Contractor shall guarantee 100% uniform germination within 10 weeks from the time the first application of seed or will sod any thin or bare areas with "thick cut" (thickest available cut) West Coast Turf Improved Kikuyu during warm season and West Coast Turf Improved Kikuyu Sod that has been "cropped over" with perennial rye grass. Renovation must be completed within three months of field City of 10 tr=19-093 Exhibit 7 closure. The Director's Representative shall determine the quantity of thick cut sod needed to achieve 100% coverage. 17.7 Replanting 17.7.1 As turf begins to stress, die back, or become thin in appearance for any reason, the Contractor shall immediately install thick cut sod (thickest available cut) West Coast Turf Improved Kikuyu during warm season and West Coast Turf Improved Kikuyu Sod that has been "cropped over" with perennial rye grass. apply supplemental water to hydrate the affected area(a). The Contractor shall also meet with the Irrigation Consultant and coordinate the irrigation programming to germinate seed. The Contractor shall then overseed these turf areas using Stovers Seed Company AZl Kikuyugrass (spring/summer) or Stovers Grand Slam FS (fall/winter) seed at the manufacturer's recommended rate and process. The Contractor shall use STA approved 1/2" minus compost seed topper at a rate of 35 cubic yards per acre pre mixed with California Organic 6-1-2 Kickstart fertilizer at a rate of 600 pounds per acre. 17.7.2 Should the Contractor's seed germination effort fail within four (4) weeks of effort, the Contractor shall install thick cut sod to those turf areas using West Coast Turf Bandera Bermuda cropped over with perennial rye grass (fall/winter) and West Coast Turf Bandera Bermuda (spring/summer). 17.7.3 The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City, repair thin or bare turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established. 17.7.4 The Contractor also understands and accepts that park areas are very heavily used, including increased foot traffic, and other uses and, therefore, acknowledges that he/she will immediately respond to thin or bare areas in turf without delay. 17.8 Cricket Pitch Special Maintenance 17.8.1 Monthly Rolling of Pitch — Each month the Contractor shall use a clean 3-5 ton asphalt roller (free of asphalt, oil, etc.) to roll the pitch. 17.9 Annual Cricket Pitch Turf Renovation (30'00" 17.9.1 Each year the cricket pitch turf shall be renovated by: 1) sod cutting/removing the old pitch; 2) topdressing %a" USGA mix by Simplot; 3) applying California Organic Kickstart 6-1-2 organic fertilizer at 600 pounds per acre rate; 4)laser grading the pitch; 4) installing West Coast Sod Bandera Hybrid Bermuda 1-1/4" thick cut sod: 5) rolling the pitch/level by hand and 3-5 ton asphalt roller; and, 6) installing a 6" chain link construction fence around the pitch to remain until the turf is firmly rooted. 18 General Contract Provisions 18.7 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 City of szoa tea 2W 9-093 Exhibit 7 will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. Contractor Responsibilities: 1.0 GENERAL CONDITIONS 1.1 Definitions- 1.1.1 "Director's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative(s). 1.1.2 "SAPRF" shall mean Santa Ana Park and Recreation Facilities. 1.1.3 "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 1.1.4 "Weed" shall mean any undesirable or misplaced plant. 1.1.5 "Hadscape" shall mean any resilient surface other than turf or planting beds, such as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt pavement, mow strips, bollards, signs, grandstands, benches, picnic tables, drinking fountains, BBQ's, fencing, railing, tire stops, etc. 1.2 Scheduling of Work -The Contractor shall provide landscape/grounds maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's Representative consent. Landscape/grounds maintenance that generates excess noise cannot begin before 8:00 a.m. 1.3 The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. In addition to the Contractor submitting the Monthly Park Maintenance Inspector's Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules listing the work tasks, crew performing the task, and the projected hours to complete the task. The schedules shall be emailed to Director's Representative by Thursday at 4:OOpm for the upcoming week. Any changes in scheduling shall be reported in writing 48 hours before the proposed change and must be approved by the Director's Representative. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. 1.2 Local Office - The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. 1.3 Emergency Response — The Contractor shall have an emergency "Stand-by" staff person assigned to respond to urgent calls after hours. The Contractor shall have the capability to answer calls immediately and respond to after-hours service within one (1) hour from the time the call is made. 1.4 Extra Work or Outside the Scope of Work -Damage or malfunction to site amenities, plant material or irrigation system equipment by any of the following may be considered outside the scope of this Agreement unless otherwise specified herein: -Acts of God -Civil Disorder -Vehicle Collision (excluding Contractor and its employees and subs) City of ScrooapP59-093 Exhibit 7 -Excavation or Re -surfacing of the Street -Power Failures -Underground Wiring Damage -Extra Work Requested by the Director's Representative Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director's Representative that one of the above occurred in order to be excused from performing under the Agreement. Extra Work or Outside the Scope of Work -Damage (a.k.a. Extra Work) shall be compensated: i Labor- 25% above prevailing wage ii Materials- 15% above retail contractors cost ii Equip Rent-15% above contractor's cost All Extra Work or Outside the Scope of Work -Damage work shall be performed by Contractor's staff other than the routine maintenance staff assigned to the contract. Any staff routine maintenance Contractor's staff discovered performing Scope of Work - Damage work shall not be charged as Extra Work. 2.0 UNIFORMS AND VEHICLES IDENTIFICATION 2.1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, silk screen or embroidery with the company name and logo or other form of identification. 2.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 2.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 3.0 SAFETY REQUIREMENTS 3.1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program and all Federal, State and Local OSHA requirements, laws and regulations. 3.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching/shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. City of SUCY GlfP19-093 �/ 7qG v Exhibit 7 3.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 3 A The Contractor shall perform all safety training required by OSHA, CalOSHA and any and all authoritative government entities having authority over required safety training. 3.5 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan which shall include the annual OSHA safety training schedule and update OSHA safety training records and employee safety training certificates. All OSHA Training shall be performed by a certified OSHA Trainer. 4.0 SAFETY NOTIFICATION 4.1 If Contractor identifies a potential safety issue, Contractor shall: 4.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 4.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. 5.0 UNDERGROUND ALERT SYSTEMS 5.1 Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48- hours in advance prior to any excavation work. 6.0 PROPERTY DAMAGE 6.1 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 7.0 ACCESS TO PRIVATE PROPERTY 7.1 Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or property owner 8.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 8.1 The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems; drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre - approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 4). City of S24,Yp 2719-093 Exhibit 7 9.0 TRAFFIC CONTROL 9.1 The Contractor will not interrupt traffic flow on City streets without obtaining a no -fee permit from the City. Prior to performing maintenance activities where Contractor employees work immediately adjacent City vehicular lanes or any other situation covered under the California MUTCD, the Contractor shall implement no -fee permitted City approved traffic safety plans to protect the health and welfare of its employees and the general public prior to commencement of the agreement. 10.0 MONTHLY REPORTS 10.1 Prior to the first of each month the Contractor shall submit to the Director's Representative for approval: 10.1.1 The Excel Park Maintenance Inspector's Inspection Schedule including a detailed annual, monthly, weekly and daily work schedules consistent with task frequencies in Exhibit A; 10.1.2 A copy of certified payroll sent to the Department of Industrial Relations on the required format/forms of employees assigned to the contract areas; 10.1.3 An updated organizational chart, or equal, listing the names, titles, schedules and number of Full -Time Equivalent (FTE'e) assignments of all persons working in the contract areas; 10.1.4 Invoices and packing slips of name, type and quantities of commodities purchased; 10.1.5 Green Waste recycling report including tonnage and name/location of the green waste recycling plant. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director's Representative shall be immediately notified of any changes to the above information. Failure to submit a report by the first of each month shall result in a fine of $100.00 per day for each report submitted late. 11.0 WATER CONSERVATION & PROGRAMMING OF CONTROLLERS 11.1 The City shall be responsible for programming irrigation controllers and conserving water. The Contractor shall be responsible for all repairs to lateral lines, rotors/heads/fittings. 12.0 SPECIFICATIONS INTERPRETATION 12.1 The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the sole discretion of the Director's Representative, and the Contractor shall abide by all such interpretations 13.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 13.1 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any City of Snty a19-093 Exhibit 7 damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. 13.2 If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. 13.3 Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem. 14.0 SUBSTITUTIONS 14.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 15.0 CERTIFICATION & APPLICATION OF MATERIALS 15.1 All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director's Representative. The Director's Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non -satisfactory items at his/her cost. 15.2 No materials shall be applied prior to the Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifies correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 16.0 CONTRACTOR NEGLECT 16.1 Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 17.0 CONSTRUCTION EQUIPMENT 17.1 The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 18.0 SOUND CONTROL REQUIREMENTS City of Sary V Rf 99-093 Exhibit 7 18.1 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. 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. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 19.0 INQUIRIES AND COMPLAINTS 19.1 The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, Director's Representative, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the Director's Representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the Director's Representative may deduct such cost from any amount due to Contractor. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges 20.0 NOTIFICATION OF LOCATIONS OF WORK 20.1 The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 21.0 WORK FORCE 21.1 The Director's Representative may evaluate each of the Contractor's staff and if he/she finds that a Contractors employee or sub -contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. City of SaP 019-093 Exhibit 7 22.0 MATERIALS 22.1 The Director's Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use/application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. 22.1.1 The materials and chemicals utilized in fiu-therance of this Agreement shall comply with the following standards: All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition. Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative. 22.1.2 All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. 23.0 TRASH DISPOSAL AND RECYCLING 23.1 All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. 23.2 As an alternative, the City may allow Contractor to dispose of green waste and trash in bins City of SUtY231 19-093 Exhibit 7 provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service. 24.0 PREVAILING WAGE DETERMINATION General prevailing wage determination made by the Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 is: CRAFT: ## LANDSCAPE MAINTENANCE LABORER DETERMINATION: SC-LML-2019-1 ISSUE DATE: February 22, 2019 EXPIRATION DATE OF DETERMINATION: March 31, 2019* Effective until superseded by a new termination issued by the Director of Industrial Relations. City Responsibilities 1.0 CITY -DIRECTOR'S AUTHORITY The Director's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director's Representative shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub -standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director's Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. City of S240 RL29-093 Exhibit 7 N21454vI EXHIBIT B FEES/COSTS 25D-33 Exhibit 7 APPENDIX ATTACHMENT 3-5: FEE SCHEDULE CERTIFICATIONS CITY OF SANTA ANA IN -FIELD BALL DIAMOND MAINTENANCE RFP NO.: 19-093 ***Pricing information for each site should be as accurate as possible. Based on funding availability, the City may remove a site from the scope of work without affecting pricing for other sites. DISTRICT 1 ANNUAL AMOUNT El Salvador Park S38,052.00 Riverview Park S41,930.00 Rosita Park $11,132.00 TOTAL S91,114.00 DISTRICT2 Not Applicable ANNUAL AMOUNT Cabrillo Park Ni\ Morrison Park N/A Parole Park N/A Santiago Park N/A TOTAL NIA COST PER DAY OF SERVICE PER WEEK FOR A YEAR' S 1.872,00 S1,872.00 S2.080.00 S5,824.00 DISTRICT 3 I ANNUAL AMOUNT Delhi Park S4,332.00 Madison Park S_10,328.00 Memorial Park S49,522.00 TOTAL S74,182.00 COST PER DAY OF SERVICE PER WEEK FOR A YEAR` S2,08R00 S I ,87L00 52.600.00 56,552.00 COST PER DAY OF SERVICE PER WEEK FOR A YEAR' S1080 00 S 1,8°72.00 $2,080.00 S2,600.00 S1,872.00 S2,080.00 S 12,584.00 Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. COST PER DAY OF SERVICE PER WEEK FOR A YEAR' N/A NIA NI -A N/A N/A DISTRICT 4 ANNUAL AMOUNT Adams Park SI1.132.00 Centennial Park $34,248.00 Heritage Park S4,332.00 Jerome Park S33.430.00 Thornton Park S34,430.00 Windsor Park S10,932.00 TOTAL $128,910.00 Proposal Item Price - Provide costs for in -field ball diamond maintenance. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. The proposer warrants that the prices, terms and conditioned quoted will be valid for a period of 120 days from the date the proposal is due, in order to allow time to award an agreement. David R. Johnson President Printed Name of Authorized Agent Title Signature of Authorized Agent Date City of Santa Ana RFP 19-093 25De 34 Exhibit 2 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PROFESSIONAL SPORTS FIELD MAINTENANCE, INC. THIS AGREEMENT is hereby made and entered into this 21 st day of January, 2020, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and Professional Sports Field Maintenance, Inc., a California Corporation ("Consultant"). RECITALS A. The City issued Request for Proposal ("RFP") 19-093 on October 7, 2019 for in - filed ball diamond maintenance for City parks in districts 1-4. City's RFP is incorporated herein by reference as though fully set forth below. B. Consultant submitted a proposal in response to RFP 19-093 and has been selected for award of the contract for district 2. B. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide baseball diamond infield maintenance services in City district 2 as outlined in more detail in the City's RFP and the attached Exhibit "A." 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the fees and rates set forth in consultant's proposal submitted in response to City's RFP and Exhibit B of this Agreement. The total sum to be expended under this Agreement shall not exceed $266,380.40 for the entire term of this Agreement. The annual not to exceed amount for this Agreement is 66,595.10, which includes a base annual Agreement amount of $60,541.00 plus a 10% contingency of $6,054.10 to be exercised at the City's sole discretion. b. City will be invoiced by Consultant monthly. Payment will be made within forty-five (45) days of the date of the invoice. 3. TERM The term of this Agreement shall commence on February 1, 2020 and terminate on January 31, 2024, unless terminated earlier in accordance with Section 13, below. Page 1 of 8 #21732v1 2 5 D-35 Exhibit 2 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance, which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's negligent operations in the performance of this Agreement, including, without limitation, acts involving vehicles. This insurance policy shall not have an exclusion for sexual molestation. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with California State law, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. Page 2 of 8 #21732vl 25D-36 Exhibit 2 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 3 of 8 #21732v1 2 5 D-37 Exhibit 2 7. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 8. CONFIDENTIALITY If Consultant received from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant and disclosed without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 4 of 8 #21732v1 25D-38 Exhibit 2 To City: City of Santa Ana City Clerk (M-30) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-4211 And: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647-6515 To Consultant: Mr. Jesus Moreno, CEO Professional Sports Field Maintenance, Inc. 29466 Ridge Road San Juan Capistrano, California 92675 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail and will serve to fully supersede existing Agreement. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms or conditions hereof, shall not bind or obligate Consultant nor Page 5 of 8 #21732vt 25D-39 Exhibit 2 the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 13. TERMINATION Except as otherwise specified herein, this Agreement may be terminated by the City with thirty (30) days written notice of termination to the Consultant. a. As a condition of such payment, the City may require Consultant to deliver to the City all the work product completed, as of such date, and in such case, such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes, as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. BACKGROUND CHECK REQUIREMENTS Consultant shall not assign any employee, agent, subcontractor or volunteer to provide services pursuant to this Agreement, if that employee, agent, subcontractor or volunteer is required to register as a sex offender under California Penal Code Section 290 et seq, has a conviction for any crime of moral turpitude, has a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190- 190.4 and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314, 347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729. Failure to comply with this Section shall be grounds for immediate termination of this Agreement. Pal- c 6 of 8 #21732v1 25D-40 Exhibit 2 15. NON-DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and Page 7 of 8 #21732v1 25D-41 Exhibit 2 attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 1 By: LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: LISA RUDLOFF Executive Director of Parks, Recreation and Community Services Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager PROFESSIONAL SPORTS FIELD MAINTENANCE, INC. By: Jesus Moreno, Chief Executive Officer Page 8 of 8 #z t 732vt 2 5 D-42 Exhibit 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney - ru By, LAURA A, ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL LISA RUDLOFF Executive Director of Parks, Recreation and Community Services Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager PROFESSIONAL SPORTS FIELD MAINTENANCE, INC, By: e s Moreno, Chief Executive Officer 25D-43 Exhibit 2 EXHIBIT A SCOPE OF SERVICES 25D-44 Exhibit 2 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR INFIELD BALL DIAMOND MAINTENANCE RFP NO.: 19-093 Introduction and Background The City of Santa Ana intends to enter into agreement with a contractor whose specialty is maintaining baseball/softball infields and warning tracks. State of California Licensed C-27 Contractor specializing in Ball Diamond In -Field Maintenance shall provide in -field and warning track brickdust maintenance for BasebalItSoftball Diamonds per the specifications and conditions listed below. Descrintion of Work BALL DIAMOND LOCATIONS/QUANTITIES/TYPES OF DIAMONDS 1.0 DISTRICT 1 - Not applicable to this Agreement 2.0 DISTRICT 2 2.1 Cabrillo Park -District 2 2.1.1 One (1) 80'/90' base path Little League Junior/Senior diamond with skinned brickdust infield. 2.2 Morrison Park -District 2 Exhibit 2 2.2.1 One (1) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield. 2.3 Portola Park -District 2 2.3.1 One (1) 60' base path Girls Softball/ Little League diamond with skinned brickdust infield. 2.4 Santiago Pink -District 2 2.4.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield. 3.0 DISTRICT 3 - not applicable to this Agreement 4.0 DISTRICT 4 - not applicable to this Agreement City of ZAPP 4e,`19-093 Exhibit 2 SCHEDULE OF WORK TO BE COMPLETED 5.0 DISTRICT 1 - not applicable 6.0 DISTRICT 2 6.1 Cabrillo Park: 5 Days per week, Januaryl st to July 31 st 3 Day per week, August I' to December 31 6.2 Morrison Park: 3 Days per week Year Round 6.3 Portola Park: 5 Days per week, Januaryl st to July 31 st 3 Day per week, August I' to December 31 st 6A Santiago Park: 5 Days per week Year Round 7.0 DISTRICT 3 - not applicable 8.0 DISTRICT 4 - not applicable City of Exhibit 2 BALL DIAMOND MAINTENANCE 9.0 Field Composition Mix (Brickdust) To Be Used When Maintaining Infields. 9.1 Field In General 9.1.1 When adding field composition mix (brickdust) to any City of Santa Ana infield, the specific type of material to be used is: Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). 9.2 Pitcher's Mound/Home Plate/Basepath Areas 9.2.1 When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix. 9.3 Warning Track 9.3.1 When adding field composition mix to ball diamond warning tracks the specified type of material to be used is: Stabilizer Solutions Stabilizer Warning Track Mix. 10.0 Equipment The contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment: 10.1 Utility Vehicle 10.1.1 Small tight turn radius (13'R) 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 brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 10.2 Drags 10.2.1 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 be %z" in diameter. Pull chain shall be included. 10.2.2 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 that 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. City of S20a� 4819-093 L S 1�$�vv Exhibit 2 10.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter/gentle movement of brickdust. This drag shall be galvanized metal "door -mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. 10.2.4 Nail Drag: Used to lightly roughen infield surface. Use True Pitch Mound Nail Drag or approved equal 10.3 Other Equipment 10.3.1 Hand Tamp: 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate and pitching mound. 10.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 10.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be made of aluminum, 36" wide and a 6' handle. 10.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop shovels. 10.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to 1" top quality construction with 225-psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. 10.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. 10.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min. wide with heavy-duty dual weight bristles. 10.4 Wet Conditions Equipment" (Add to equipment above) 10.4.1 During periods of inclement weather or when the areas are wet the contractor shall have "on -hand" during all brickdust maintenance operations the following items: 10.4.2 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium/aluminum head. 10.4.3 "Super Sopper": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 10.4.4 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 10.4.5 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile-covered sponge typical for absorbing chemical spills. 11.0 Meetings 11.1 Contractor shall provide City of Santa Ana staff with a contact English speaking person and a phone number to reach the contact person from the hours of 6:30am — 5:OOpm, Monday — Saturday. 11.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor". This site supervisor shall meet with staff as requested at time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concems that may arise and any goals for the week. City of 2 � "Q19-093 }+alj¢ 1 J Exhibit 2 1 1.3 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). 12.0 Daily Infield & Warning Track Maintenance 12.1 General 12.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 12.1.2 Contractor shall keep brickdust and dugout areas in a clean and weed free condition. Dugouts shall be completely free of any brickdust or other stains/gum, sunflower seeds, debris, etc. 12.1.3 Contractor shall sweep/pressure wash out dugouts so they are 100% free of brickdust, brickdust stains or any other debris. 12.1.4 Contractor shall clean mow strips, backstops, chain link fencing, including brickdust build-up along bottom rails. 12.2 Maintenance Procedure 12.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in -field and re- install after all work on in -field is completed. 12.2.2 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. 12.2.3 The Contractor shall rake/shovel loose material from high spots back into low spots/wom areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field before any watering or dragging shall take place. 12.3 Home Plate Area/Batter's Box Area Holes (follow Gail Materials home plate/pitchers mound maintenance video) 12.3.1 Sweep/Rake away all loose brickdust-mound mix -calcine clay. 12.3.2 Wet area until moist. 12.3.3 Scarify area (`s) [batter's box hole (`s)] with shovel. This will help the mix bind better. 12.3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 12.3.5 Backfill "mound -mix" material into hole (`s). 12.3.6 Tamp the area firmly with steel tamp. 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. 12.3.7 Wet area until moist using a hose and power nozzle. Cover areas with calcified clay. 12.4 Pitcher's Mound 12.4.1 Follow same procedure for repair of home plate/batter's box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. 12.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix". 12.5 General Brickdust Skinned Infield Areas City of IZ 1-5019-093 Exhibit 2 12.5.1 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 Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). brickdust from stock and make level. 12.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop; dugout chain link fencing and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 12.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going air borne. 12.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag". Circular or figure eight drag patterns shall be used (see details 1-A & 1-13). 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 mph. 12.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18". This will help in avoiding lips at brickdust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 12.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 12.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time 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. 12.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake". The rake shall be held at an angle as to not push brickdust onto/into turf areas. 12.5.9 After raking the 36" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water nozzle or heavy duty broom. NO brickdust shall be permitted on the turf edges at any time. If in the determination of City staff, an unsafe lip situation exists (an unsafe lip is ''/z" or greater) in any turf/brickdust border area infield to brickdust, base -paths or brickdust to outfield), contractor will be required to remove or level the soil build-up with a sod cutter and re-establish the in -field boundaries with a string line or suitable method and re -sod up to the border to remedy the situation at contractors expense. Pre-existing conditions shall be corrected during contract start-up. 12.6 Final Watering 12.6.1 This is the most time consuming and a very important element of the procedure. 12.6.2 The contractor shall final water the skinned brickdust to a depth of/d' minimum. 13.0 Rainy Weather/Wet Field Procedure 13.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 13.1.1 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. 13.1.2 Rake out (scarify) wet areas. 13.1.3 Apply Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) from stock to all Wet Areas and Rake Out. Cap with calcified clay Turface. City of TAPPg3119-093 p'� 1 �+ Exhibit 2 14.0 Work to be Completed SIX (6) TIMES PER YEAR 14.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Cap with calcified clay Turface. Note: 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). 14.2 Heavy water scarified and cut and leveled areas to a %z" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi-monthly scarify/cut and level drag dates to contractor. 15.0 Work to be Completed "ANNUALLY" 15.1 Each year, the following renovation is to be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year. 15.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Note: Staff shall identify areas to scarify/cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 15.1.2 Contractor shall verify and maintain all base distances, pitching rubber distances and pitching mound specifications per the Little League, Pony/Colt League specifications for each specific field. Contractor shall use surveying equipment to verify first and third base are true 90 degree angles, second base is 45 degrees and foul poles are in the correct location from the apex of home plate. Contractor shall repair any specifications not being met on any field. In addition, the Director's Representative may elect to pay extra for the Contractor to install 1/2" new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) to in -fields at all diamonds (minimum 25 tons per Girls Softball/Major Little League Field and minimum 50 tons per Junior/Senior Little League Field). Also, the Director's Representative may elect to pay extra for the Contractor to install a minimum of 2 ton of Turface calcite clay per Girls Softball/Major Little League Field and 4 tons of Turface calcite clay to Junior/Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. 15.1.3 Contractor shall rebuild pitcher's mound and batters boxes to MLB specifications for high school/college/senior-junior diamonds and Little League specifications for Little League major diamonds using Hill Topper Mound Mix capped with calcified clay by Turface. 16.0 Work To Be Completed "AS DIRECTED" 16.1 Replace Base Anchors as directed. Note: City of Santa Ana uses the Hollywood Breakaway base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. City of SZAFj5219-093 ` 1 Exhibit 2 16.2 Replace Bases as directed. Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed. 16.3 Replace or Remove/Level/Re-Install home plates as directed. Home plate shall be I" above finish grade of batters circle. 16.4 Replace or Remove/LeveURe-Install pitching rubbers as directed. Note: City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. 16.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 17.0 Sport Turf (Infield/Warning Track/Cricket Pitch) Maintenance 17.1 Sport turf shall mean all sport turf in the infield, the foul territory of the infield, 36" beyond the infield skin line/arc and 36" from the warning track brickdust skin line/arc and the cricket pitch at Centennial Dan Young Soccer Complex Fields#5 & #6. Sport turf shall be mowed and edged one (1) time per week. Mowing shall be accomplished by walk -behind reel mower — Jacobsen Eclipse2 reel mower, TruCut or John Deere Walk Greens Mowers (180 E-Cut Hybrid, 220-E Cut Hybrid, 180SL-220SL-260SL Precision Cut units along skinned infield/warning track brickdust areas, turf infields, turf infield foul areas, foul territories and cricket pitch. Additional mowers may be submitted for approval by the City. 17.1.1 Contractor shall use a Jacobsen Eclipse2, TruCut or John Deere walk -behind "greens" reel mower to provide "putting green" quality finish cut. 17.1.2 Sport turf shall be cut between %" and'/4" per Director's Representative direction. 17.1.3 All turf clippings shall be collected and disposed of. 17.1.4 Edging of infield arc shall be performed by infield sub. Straight lines shall be edged by running a string line to assure lines are edged perfectly straight. 17.2 Sport turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. 17.2.1 Contractor shall check and program the automatic irrigation controller as often as necessary to assure the correct amount of water is applied to the infield sport turf. 17.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. Optional As Extra Work — Sport turf shall be fertilized two (3) times per year in the first week of January and April and when the field is renovated each year per the agronomic plan. The Contractor shall use California Organic products `Phyta- Boost' 7-1-2 fertilizer at 600 pounds per acre, and `Compel' compost at 300 pounds per acre. 17.2.3 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. 17.2.4 Sport turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff. 17.3 Sport turf shall be kept weed free at all times. 17.3.1 Any grasses other than the original hybrid Bermuda, and cropped over perennial rye installed in the infield shall be eradicated immediately upon notice. The City of 5ftPJP79319-093 Exhibit 2 Contractor may choose the method of eradication, however, may not damage the turf. 17.3.2 Any broadleaf and/or turf type weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 17.4 Sport turf shall be kept pest free of disease and rodents at all times. 17.4.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 17.5 Sport Turf Renovation-Overseeding 17.5.1 Sport/Priority turf shall be renovated-overseeded each year per the Sport/Priority Turf Annual Schedule. All seed quantities and type specified shall be verified by the Director's Representative prior to any applications. The process for renovation- overseeding shall be as follows: 17.5.2 Contractor shall install a 6' high temporary construction fence around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeded in accordance with the park map depicting the sport/priority turf areas. 17.5.3 Turf shall be mowed down to ''/d'. All turf clippings shall be removed. 17.5.4 Turf shall be aerated using the Ryan piston driven aeration equipment. Contractor shall make two -passes in different directions per the Director's Representatives direction. 17.5.5 Turf shall then be verticut using the greens mower with verticut reels (straight blades 1.5" to 2" apart) Following verticutting all turf clippings shall be removed. 17.5.6 Contractor shall coordinate with the Irrigation Consultant to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. 17.5.7 Once the Irrigation Consultant verifies the irrigation system is working efficiently, the Contractor shall evenly overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 350 pounds per acre; and, b) Stover Seed Company's Pro Sportfield Extreme in the spring/summer at a rate of 65 pounds per acre. 17.5.8 Immediately after overseeding the Contractor shall evenly apply ''/a" minus STA approved compost topper from R&S Soils to all turf applied at a rate of 35 cubic yards per acre mixed with California Organic 7-1-2 Phyta Boost organic fertilizer at a rate of 600 pounds per acre (35 c.y. top dress mix/600# 7-1-2 organic fertilizer). 17.5.9 Immediately following applying topper the Contractor shall coordinate with the Irrigation Consultant to program irrigation controllers to irrigate the seeded areas. The irrigation programs shall be set to maximize germination of seed. Once the renovation process is complete, the Irrigation Consultant shall retake control of the irrigation programming. 17.6 Overseeding Germination Guarantee 17.6.1 The Contractor shall guarantee 100% uniform germination within 10 weeks from the time the first application of seed or will sod any thin or bare areas with "thick cut" (thickest available cut) West Coast Turf Improved Kikuyu during warm season and West Coast Turf Improved Kikuyu Sod that has been "cropped over" with perennial rye grass. Renovation must be completed within three months of field City of SZ.Ap fj�B119-093 2 �TJJ''��FF Exhibit 2 closure. The Director's Representative shall determine the quantity of thick cut sod needed to achieve 100% coverage. 17.7 Replanting 17.7.1 As turf begins to stress, die back, or become thin in appearance for any reason, the Contractor shall immediately install thick cut sod (thickest available cut) West Coast Turf Improved Kikuyu during warm season and West Coast Turf Improved Kikuyu Sod that has been "cropped over" with perennial rye grass. apply supplemental water to hydrate the affected area(a). The Contractor shall also meet with the Irrigation Consultant and coordinate the irrigation programming to germinate seed. The Contractor shall then overseed these turf areas using Stovers Seed Company AZ1 Kikuyugrass (spring/summer) or Stovers Grand Slam FS (fall/winter) seed at the manufacturer's recommended rate and process. The Contractor shall use STA approved 1/2" minus compost seed topper at a rate of 35 cubic yards per acre pre mixed with California Organic 6-1-2 Kickstart fertilizer at a rate of 600 pounds per acre. 17.7.2 Should the Contractor's seed germination effort fail within four (4) weeks of effort, the Contractor shall install thick cut sod to those turf areas using West Coast Turf Bandera Bermuda cropped over with perennial rye grass (fall/winter) and West Coast Turf Bandera Bermuda (spring/summer). 17.7.3 The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City, repair thin or bare turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established. 17.7.4 The Contractor also understands and accepts that park areas are very heavily used, including increased foot traffic, and other uses and, therefore, acknowledges that he/she will immediately respond to thin or bare areas in turf without delay. 17.8 Cricket Pitch Special Maintenance 17.8.1 Monthly Rolling of Pitch — Each month the Contractor shall use a clean 3-5 ton asphalt roller (free of asphalt, oil, etc.) to roll the pitch. 17.9 Annual Cricket Pitch Turf Renovation (30'x70" 17.9.1 Each year the cricket pitch turf shall be renovated by: 1) sod cutting/removing the old pitch; 2) topdressing %4" USGA mix by Simplot; 3) applying California Organic Kickstart 6-1-2 organic fertilizer at 600 pounds per acre rate; 4)laser grading the pitch; 4) installing West Coast Sod Bandera Hybrid Bermuda 1-1/4" thick cut sod; 5) rolling the pitch/level by hand and 3-5 ton asphalt roller; and, 6) installing a 6" chain link construction fence around the pitch to remain until the turf is firmly rooted. 18 General Contract Provisions 18.7 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 City of SZ150175519-093 Exhibit 2 will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. Contractor Responsibilities: 1.0 GENERAL CONDITIONS 1.1 Definitions- 1.1.1 "Director's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative(s). 1.1.2 "SAPRF" shall mean Santa Ana Park and Recreation Facilities. 1.1.3 "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 1.1.4 "Weed" shall mean any undesirable or misplaced plant. 1.1.5 "Hardscape" shall mean any resilient surface other than turf or planting beds, such as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt pavement, mow strips, bollards, signs, grandstands, benches, picnic tables, drinking fountains, BBQ's, fencing, railing, tire stops, etc. 1.2 Scheduling of Work -The Contractor shall provide landscape/grounds maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's Representative consent. Landscape/grounds maintenance that generates excess noise cannot begin before 8:00 a.m. 1.3 The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. In addition to the Contractor submitting the Monthly Park Maintenance Inspector's Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules listing the work tasks, crew performing the task, and the projected hours to complete the task. The schedules shall be emailed to Director's Representative by Thursday at 4:OOpm for the upcoming week. Any changes in scheduling shall be reported in writing 48 hours before the proposed change and must be approved by the Director's Representative. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. 1.2 Local Office - The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. 1.3 Emergency Response — The Contractor shall have an emergency "Stand-by" staff person assigned to respond to urgent calls after hours. The Contractor shall have the capability to answer calls immediately and respond to after-hours service within one (1) hour from the time the call is made. 1.4 Extra Work or Outside the Scope of Work -Damage or malfunction to site amenities, plant material or irrigation system equipment by any of the following may be considered outside the scope of this Agreement unless otherwise specified herein: -Acts of God -Civil Disorder -Vehicle Collision (excluding Contractor and its employees and subs) City of SZ-A� f5�`19-093 23vV Exhibit 2 -Excavation or Re -surfacing of the Street -Power Failures -Underground Wiring Damage -Extra Work Requested by the Director's Representative Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director's Representative that one of the above occurred in order to be excused from performing under the Agreement. Extra Work or Outside the Scope of Work -Damage (a.k.a. Extra Work) shall be compensated: i Labor- 25% above prevailing wage ii Materials- 15% above retail contractors cost ii Equip Rent-15% above contractor's cost All Extra Work or Outside the Scope of Work -Damage work shall be performed by Contractor's staff other than the routine maintenance staff assigned to the contract. Any staff routine maintenance Contractor's staff discovered performing Scope of Work - Damage work shall not be charged as Extra Work. 2.0 UNIFORMS AND VEHICLES IDENTIFICATION 2.1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, silk screen or embroidery with the company name and logo or other form of identification. 2.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 2.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 3.0 SAFETY REQUIREMENTS 3.1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and hijury Prevention Program and all Federal, State and Local OSHA requirements, laws and regulations. 3.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching/shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. City of SEjiS .A ry 19-093 Exhibit 2 3.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 3.4 The Contractor shall perform all safety training required by OSHA, CalOSHA and any and all authoritative government entities having authority over required safety training. 3.5 In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan which shall include the annual OSHA safety training schedule and update OSHA safety training records and employee safety training certificates. All OSHA Training shall be performed by a certified OSHA Trainer. 4.0 SAFETY NOTIFICATION 4.1 If Contractor identifies a potential safety issue, Contractor shall: 4.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 4.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e-mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. 5.0 UNDERGROUND ALERT SYSTEMS 5.1 Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48- hours in advance prior to any excavation work. =11009 "Tel 6.1 Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 7.0 ACCESS TO PRIVATE PROPERTY 7.1 Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or property owner 8.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 8.1 The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre - approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 4). City of SZW2'g�a� 5819-093 `Pe� Exhibit 2 9.0 TRAFFIC CONTROL 9.1 The Contractor will not interrupt traffic flow on City streets without obtaining a no -fee permit from the City. Prior to performing maintenance activities where Contractor employees work immediately adjacent City vehicular lanes or any other situation covered under the California MUTCD, the Contractor shall implement no -fee permitted City approved traffic safety plans to protect the health and welfare of its employees and the general public prior to commencement of the agreement. 10.0 MONTHLY REPORTS 10.1 Prior to the first of each month the Contractor shall submit to the Director's Representative for approval: 10.1.1 The Excel Park Maintenance Inspector's Inspection Schedule including a detailed annual, monthly, weekly and daily work schedules consistent with task frequencies in Exhibit A; 10.1.2 A copy of certified payroll sent to the Department of Industrial Relations on the required format/forms of employees assigned to the contract areas; 10.1.3 An updated organizational chart, or equal, listing the names, titles, schedules and number of Full -Time Equivalent (FTE'e) assignments of all persons working in the contract areas; 10.1.4 Invoices and packing slips of name, type and quantities of commodities purchased; 10.1.5 Green Waste recycling report including tonnage and name/location of the green waste recycling plant. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director's Representative shall be immediately notified of any changes to the above information. Failure to submit a report by the first of each month shall result in a fine of $100.00 per day for each report submitted late. 11.0 WATER CONSERVATION & PROGRAMMING OF CONTROLLERS 11.1 The City shall be responsible for programming irrigation controllers and conserving water. The Contractor shall be responsible for all repairs to lateral lines, rotors/heads/fittings. 12.0 SPECIFICATIONS INTERPRETATION 12.1 The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the sole discretion of the Director's Representative, and the Contractor shall abide by all such interpretations 13.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 13.1 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any City of I �a 65919-093 lam 2'g�.7 Exhibit 2 damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or Director's Representative shall make the determination of fault. The Director's Representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty-four (24) hours of the damage incurred. 13.2 If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. 13.3 Contractor shall call Underground Alert (800) 4224133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem. 14.0 SUBSTITUTIONS 14.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 15.0 CERTIFICATION & APPLICATION OF MATERIALS 15.1 All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director's Representative. The Director's Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non -satisfactory items at his/her cost. 15.2 No materials shall be applied prior to the Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifies correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 16.0 CONTRACTOR NEGLECT 16.1 Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 17.0 CONSTRUCTION EQUIPMENT 17.1 The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 18.0 SOUND CONTROL REQUIREMENTS City of S2AVP $019-093 Exhibit 2 18.1 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. 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. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 19.0 INQUIRIES AND COMPLAINTS 19.1 The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, Director's Representative, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the Director's Representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the Director's Representative may deduct such cost from any amount due to Contractor. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges 20.0 NOTIFICATION OF LOCATIONS OF WORK 20.1 The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 21.0 WORK FORCE 21.1 The Director's Representative may evaluate each of the Contractor's staff and if he/she finds that a Contractors employee or sub -contractor's employee is not performing to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. City of IAPP,.6119-093 Exhibit 2 22.0 MATERIALS 22.1 The Director's Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confirm they are correct per specifications. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use/application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. 22.1.1 The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition. Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative. 22.1.2 All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. 23.0 TRASH DISPOSAL AND RECYCLING 23.1 All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters/green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. 23.2 As an alternative, the City may allow Contractor to dispose of green waste and trash in bins City of SZOV70219-093 Exhibit 2 provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service. 24.0 PREVAILING WAGE DETERMINATION General prevailing wage determination made by the Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 is: CRAFT: ## LANDSCAPE MAINTENANCE LABORER DETERMINATION: SC-LML-2019-1 ISSUE DATE: February 22, 2019 EXPIRATION DATE OF DETERMINATION: March 31, 2019* Effective until superseded by a new termination issued by the Director of Industrial Relations. City Responsibilities 1.0 CITY -DIRECTOR'S AUTHORITY The Director's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative. hi the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director's Representative shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub -standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director's Representative shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. City of S24tYOT9-093 Exhibit 2 EXHIBIT B FEES/COSTS 25D-64 APPENDIX ATTACED, UNT 3-5: FEE SCHEDULE CERTIFICATIONS FOR PROPOSALS FOR IN -FIELD BALL DIAMOND MAINTENANCE RFP NO,: 19-093 °Pricing information for each site should be as accurate as possible. Based on funding availability, the City may remove a site from the scope of work without affecting pricing for other sites. DISTRICT ANNUAL AMOUNT El Salvador Park Riverview Park �R—ossitaaPPaarrk—� TOTAL L t DISTRICT ANNUALAMOUNT Cabrillo Park 19.751 Morrison Park 11 195 Portoia Park 13 581 Santiago Park _ 16,014 TOTAL I 60,541 COST PER DAY OF SERVICE PER WEEK FOR A YEAR` Certification - I certify that I have read. understand and agree t DISTRICT ANNUALAMOUNT Delhi Park Madison Park Memorial Park TOTAL DISTRICT ANNUAL AMOUNT Adams Park Centennial Park Heritage Park Jerome Park Thornton Park I Windsor Park TOTAL COST PER DAY OF SERVICE PER WEEK FOR A YEAR' COST PER DAY OF SERVICE PER WEEK FOR A YEAR' Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors; omissions or discrepancies to the City for clarification prior to the submission of my proposal. o the terms and conditions of this Request for Proposal Item Price - Provide costs for in -field ball diamond maintenance_ Pee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. The proposer warrants that the prices, terms and conditioned quoted will be valid for a period of I20 days from the date the proposal is due, in order to allow time to award an agreement. Agent CEO Agent Date City of Santa Ana RFP 19-093 t5 25D-65