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HomeMy WebLinkAbout25C - AGMT - INFIELD MAINTENANCEr 61 '.. -. -_ _ 0 r. 0 CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: AGREEMENTS WITH MAJOR LEAGUE INFIELDS, INC. AND PROFESSIONAL SPORTS FIELD MAINTENANCE INC. FOR INFIELD MAINTENANCE SERVICES IN CITY PARKS {STRATEGIC PLAN NO. 6, 1 B} s Zt '" CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Major League Infields, Inc. to provide infield maintenance services in District 1 in an annual amount not to exceed $104,623, which includes a 10% contingency, for a term from February 1, 2016 through January 31, 2018, with two, one -year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Professional Sports Field Maintenance, Inc. to provide infield maintenance services in District 4 in an annual amount not to exceed $114,604, which includes a 10% contingency, for a term from February 1, 2016 through January 31, 2018, with two, one -year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) divides the city into four maintenance districts. On November 2, 2015, PRCSA issued a Request for Proposal (RFP) for the infield maintenance of districts 1 and 4. The Agency received two proposals from interested companies. An evaluation committee consisting of two representatives from PRCSA and one from Public Works Agency reviewed and rated the proposals. The proposals were evaluated according to the criteria listed in the RFP, which includes firm /team experience, relevant project experience, scope understanding, references and fee. The results of the RFP evaluation were as follows 25C -1 Agreements with Major League Infields, Inc. and Professional Sports Field Maintenance, Inc. January 19, 2016 Page 2 DISTRICT 1 Score (300 Max) Ranking Major League Infields, Inc. 273 1 Professional Sports Field Maintenance, Inc. 261 2 DISTRICT 4 Score (300 Max) Ranking Major League Infields, Inc. 261 2 Professional Sports Field Maintenance, Inc. 274 1 The City proposes to enter into a two -year agreement with Major League Infields, Inc. and Professional Sports Field Maintenance, Inc. for an amount not to exceed $438,454, with two, one - year renewal options, for the infield maintenance of District 1 and 4. 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 Funds are available in the PRCSA -Park Maintenance (no. 01113250 - 62320) expenditure account. Funds will be budgeted in the same account for the following years and amounts, including renewal periods, if executed: FY 2015 -2016 $91,345 -Park Maintenance Expenditure Account —Year 1 FY 2016 -2017 $219,227 - Park Maintenance Expenditure Account — Year 1 & 2 FY 2017 -2018 $127,882 - Park Maintenance Expenditure Account — Year 2 Contract Total: $438,454 FY 2017 -2018 — $91,345 — Park Maintenance Expenditure Account — Renewal Year 1 FY 2018 -2019 - $219,227 — Park Maintenance Expenditure Account — Renewal Year 1 & 2 FY 2019 -2020 - $127,882 — Park Maintenance Expenditure Account — Renewal Year 2 Optional Renewal Total: $438,454 25C -2 Agreements with Major League Infields, Inc. and Professional Sports Field Maintenance, Inc. January 19, 2016 Page 3 Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency EXHIBIT: Agreements APPROVED AS TO FUNDS AND ACCOUNT: a D Francisco Gutierrez, Executive Director Finance and Management Services Agency 25C -3 25C -4 AGREEMENT FOR BALL DIAMOND MAINTENANCE SERVICES CITY OF SANTA ANA (DISTRICT 1) THIS AGREEMENT is made and entered into this 19th day of January, 2016 by and between Major League Infields, Inc. ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing imder the Constitution and laws of the State of California ( "City"). RECITALS A. On November 5, 2015, the City issued Request for Proposal No. 15 -113, by which it sought proposals from qualified firms for in -field ball diamond maintenance services at City parks in Districts 1 and 4. B. Contractor submitted a responsive proposal that was selected by the City for District 1. Contractor represents that it is able and willing to provide the services described in the scope of work for District 1 that was included in RFP No. 15 -113 as Attachment 1 and that is attached to this Agreement as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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 Contractor shall perform those services as set forth in Exhibit A to this Agreement as they pertain to District 1. Contractor's proposal is incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibit B as they pertain to District 1, The total annual sum to be expended under this Agreement shall not exceed $104,623 during the term of this Agreement. This annual amount is comprised of (1) the sum of $95,112 and (2) a 10% contingency of up to $9,511 for services as may be performed by Contractor at the sole discretion of City. b. Payment by City shall be made within forty -five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accornting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on February 1, 2016 and terminate on January 31, 2018, unless terminated earlier in accordance with Section 15, below. The tern of this Agreement may be extended for two (2) one -year periods upon a writing executed by the City Manager and the City Attorney. 25C -5 4. 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 5. INDEPENDENT CONTRACTOR Contractor shall, dining the entire tern 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ( "Docrments & Data "). Contractor shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance, Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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 Contractor's operations in the performance of this Agreement, including, without Ihnitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single 25G -6 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, with $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 insureds 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 the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the perfornlance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor 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. C. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor 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 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 (3 0) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement, If Contractor 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 tennination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City, 8. INDEMNIFICATION Contractor agrees to and shall indemnify and bold harmless the City, its officers, agents, employees, consultants, 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 2SC-7 Contractor or its, subcontractors, agents, employees, or other persons acting on their 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 hannless 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 Contractor frther 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 Agreemcnt. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor 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 Contractor. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 10, CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor 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 infornation 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. r 12. 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, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa .Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: To Contractor: Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza M -23 P.O. Box 1988 Santa Ana, California 92702 Fax 714 -571 -4211 Major League Infields, Inc. 508 E. Chapman Ave Fullerton, CA 92832 Attn: David R. Johnson, President City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 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 fax, 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, 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. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms P : • and conditions hereof, shall not bind, or obligate Contractor or 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 party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 mill and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City, 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of sucla payment, the Executive Director may require Contractor to deliver to the City all 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 Contractor 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. 16. NONDISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities tinder this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. 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 rn.aybe brought or arise out of, in connection with or by reason of this Agreement, 18. ]PROFESSIONAL LICENSES Contractor 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 States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain 250 -10 or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for tennination of this Agreement. 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. 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: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: John g. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: David R. Johnson Major League hifields, Inc. Tax ID# 25C -11 EXHIBIT A 25C -12 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR IN -FIELD BALL DIAMOND MAINTENANCE RFP NO.: 15 -113 Introduction and Background The City of Santa Ana Park Services elects to enter into agreement with a landscape contractor whose specialty is maintaining baseball /softball infields and warning tracks. State of California Licensed C -27 Contractor specializing in Ball Diamond ht -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 1.0 Ball Diamond Locations and Quantities /Types of Diamonds at Each Site 1.1 Adams Park - District 4 1.1.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 1.2 Centennial Park - District 4 1.2.1 Two (2) 60' base path Girls Softball /Major Little League diamond with skinned brickdust infields. 1.3 El Salvador Park.- District 1 1.3.1 Two (2) 60' base path Little League diamond with skinned brickdust infields. 1.3.2 Three (3) base path T -Ball diamonds with skinned brickdust infields. 1.4 Heritage Park - District 1 1.4.1 One (1) 60' base path Girls Softball /Major Little .League diamond with skinned brickdust infield. 1.5 Jerome Park- District 4 1.5.1 One (1) 80'/90' base path Little League Junior /Senior diamond with skinned brickdust infield. 1.5.2 Two (2) 60' base path Little League diamond with skinned brickdust infields. 1.6 .Riverview Park - District 1 1.6.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 1.6.2 One (1) 60' base path Major Little League diamond with sport turf and brickdust infield, City of Santa Ana RFP 15 -113 Pa 25 &1013 1.6.3 One(]) Minor Little League diamond with sport turf and brickdust infield. 1.6.4 One (1) T -Ball Little League diamond with sport turf and brickdust infield. 1.7 Rosita Park - District 1 1,7.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 1.8 Thornton Park- District 4 1,8.1 Three (3) 60' base path Girls Softball diamond with skinned brickdust infield. L9 Windsor Park - District 4 1.9.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield, 2.0 Schedule of Work to be Completed 2.1 Adams Park: 5 Days per wk, Fab 1st to July 15th 3 Day per wk, July 16th to Jan 31st 2.2 Centennial Park: 5 Days per wk Feb I st to April 31 3 Day per wk May 1 at to Jan 31 er 2.3 El Salvador Park: 5 Days per wk, Feb 1 st to July 15th 3 Day per wk, July 16th to Jan 31 at 2.4 Heritage Park: I Day per wk Year round 2.5 Jerome Park: Field #1 5 Days per wk, Feb 1st to Aug 31st 3 Day per wk, Sept 1st to Jan 3181 Field #2 & #3 5 Days per wk, Feb Ist to July 15th 3 day per wk July 16th to Jan 31 st 2.6 Riverview Park: 5 Days per wk, Feb 1st to July 15th 3 Day per wk, July 16th to Jan 31st 2.7 Rosita Park: 5 Days per wk, March 1 st to July 3180 3 Day per wk, July 30th to Feb 28th 2.8 Thornton Park: 5 Days per wk Year round 2.9 Windsor Park: 3 Days per wk Feb 1st to July 15th 1 Day per wk July l6th to January 31st 3.0 Field Composition Mix ( Briekdust) To Be Used When Maintaining In- fields. 3.1 Field In General 3.1.1 When adding field composition mix (brickdust) to any City of Santa Ana infield, the specific type of material to be used is: City of Santa Ana RFP 15 -113 Page 11 25C -14 Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). 3.2 Pitcher's Mound/Home Plate /Basepath Areas 3.2.1 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, 3.3 Warning Track 3.3,1 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, 4.0 Equipment The contractor shall provide and have "on hand" at all times daring the brickdust maintenance operation the following equipment. 4.1 Utility Vehicle Small tight turn radios (13') 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. 4.2 Drags 4.2.1 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 1/2" in diameter. Pull chain shall be included. 4.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the slcirmed 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. 4.2.3 &coming 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. Nail Drag: Used to lightly roughen infield surface. Use True Pitch Mound Nail Drag or approved equal 4.3 Other Equipment 4.3.1 Hand Tamp: 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate and pitching mound. 4.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 4.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be. made of aluminum, 36" wide and a 6' handle, 4.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop shovels. City of Santa Ana RFP 15 -113 Page 12 25C -15 4.3.5 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. 4.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. 4.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min. wide with heavy -duty dual weight bristles. 4.4 Wet Conditions Equipment" (Add to equipment above) 4.4.1 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: 4.4.2 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. 4.4.3 "Super Sopper ": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 4.4.4 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 4.4.5 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. 5.0 Meetings 5.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am — 5:00pm, Monday — Saturday. 5.2 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. 5.3 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). 6.0 Daily Infield & Warning Track Maintenance 6.1 General 6.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 6.1.2 Contractor shall keep brickdust and dugout areas in a clean and weed free condition. Dugouts shall be cleaned daily and be free of brickdust, stains, weeds and other debris. Dugouts shall be hosed down weekly so they are completely free of any brickdust or other stains /gum, sunflower seeds, etc. 6.1.3 Contractor shall hose and /or sweep and hose out all dugouts so they are 100% free of brickdust, brickdust stains or any other debris. City of Santa Ana RFP 15 -113 Page 13 25C -16 6,2 Maintenance Procedure 6,23 Retain smooth and level playing surface, using the following daily procedure. The contractor shalt remove all bases before beginning any work on in- field, and re- install after all work on in -field is completed. 6.2.2 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. 6.2.3 The Contractor shall rake /shovel loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /wom areas appearing on the field before any watering or dragging shall take place. 6.3 Home Plate Area /Batter's Box Area Holes (follow Gail Materials home plate /pitchers mound maintenance video) 6.3.1 Sweep /Rake away all loose brickdust -mound mix- calcine clay. 6.3.2 Wet area until moist. 6.3.3 Scarify area (`s) [batter's box hole (`s)] with shovel. This will help the mix bind better. 6,3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 6.3.5 Backfill "mound -mix" material lute hole (`s), 63.6 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. 6.3.7 Wet area until moist using a hose and power nozzle. Cover areas with calcified clay. 6.4 Pitcher's Mound 6.4.1 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. 6.4,2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix ". 6.5 General Brickdust Skinned Infield Areas 6.5,1 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. 6.5.2 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 pavernent outside the infield. 6.53 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. 6.5.4 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, City of Santa Ana RFP 15 -113 Page 14 25C -17 6.5.5 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/t rf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 6.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 6.5.7 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. 6.5.8 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. 6.5.9 After raking the 18" 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 contactors expense. Pre- existing conditions shall be corrected during contract start -up. 6.6 Final Watering 6.6.1 This is the most time consuming and a very important element of the procedure. 6.6.2 The contractor shall final water the skinned brickdust to a depth of 1/4" minimum. 7.0 Rainy Weather /Wet Field Procedure 7.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 7.1.1 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. 7.1.2 Rake out (scarify) wet areas. 7.1.3 Apply Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) from stock to all Wet Areas and Rake Out. Cap with calcified clay Turface. 8.0 Work to be Completed FIVE (5) TIMES PER YEAR 8.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and out 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). 8.2 Leavy water scarified and cut and leveled areas to a %2" 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 City of Santa Ana RPP 15 -113 Page 15 25C -18 bi- monthly scarify /cut and level drag dates to contractor. 9.0 Work to be Completed "ANNUALLY" 9.1 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. 9.11 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). 9.1.2 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 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 mininau n 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, 9.1.3 The Director's Representative may elect to pay extra for the Contractor to rebuild pitcher's mound and bailers 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. 10.0 Work To Be Completed "AS DIRECTED" 10.1 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 sirface on all sides. 10.2 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. 10.3 Replace or Remove /Level /Re- Install home plates as directed. Home plate shall be 1" above finish grade of batters circle. City of Santa Ana RFP 15 -113 Page 16 25C -19 10.4 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. 10.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 11.0 hifield Turf Maintenance 11.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield and warning track brickdust skin line /are. Infield and warning track turf shall be mowed and edged one (1) time per week. Mowing shall be accomplished by walls- behind reel mower — Jacobsen Eclipse2 reel mower, TruCut or John Deere Walk Greens Mowers (180 &Cut Hybrid, 220 -E Cut Hybrid, 180SL - 220SL -260SL Precision Cut units along skinned infield brickdust areas, turf infields, turf infield foul areas, and foul territories, Additional mowers may be submitted for approval by the City. 11,1.1 Contractor shall use a Jacobsen Eclipse2, TruCut or John Deere walk- behind "greens" reel mower to provide "putting green" quality finish cut. 11.1.2 Infield turf shall be cut between %2" and ' /d' per Director's Representative direction. 11.1.3 All turf clippings shall be collected and disposed of 11.1.4 Edging of infield arc shall be performed by infield stub. Straight lines shall be edged by running a string line to assure lines are edged perfectly straight. 11.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. 11.2.1 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. 11.2.2 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 - Infield 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. 11.2.3 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed, Optional As Extra Work - Infield turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff. 11.3 Infield turf shall be kept weed free at all times. 11.3.1 Any grasses other than the original hybrid Bermuda, and cropped over perennial rye installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 11.3.2 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. City of Santa Ana RFP 15 -113 Page 17 25C -20 11.4 Infield turf shall be kept free of disease and rodents at all times. 11.4.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice, 11.5 Infield turf annual renovation (Optional, at City's request, as a contingency item) 11.5.1 Each year the infield turf shall be renovated: 1) verticut using the straight blade reels with blades 1.25'- 1.50" apart; 2) mowed to ' /4" high immediately following verticutting; 3) overseeded with Stovers Seed Company Bermuda Dunes at a rate of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately following seeding by Materials using "Santa Ana Top Dress Mix" '/4" minus STA tested /approved compost -seed topper with California Organic Phyta -Boost 7 -1 -2 fertilizer pre -mixed (35 cubic yards seed topper to 700 pounds of organic fertilizer). 11.6 Infield monthly overseeding (Optional, at City's request, as a contingency item) 11.6.1 Each month the infield turf shall be verticut using the greens reel mower straight blade reels with blades 1,25'- 1.50" apart and overseeded with Stovers Seed Company Bermuda Dunes at a rate of 1 pound of seed per 1,000 square feet or Simplot's Jacklin Seed Company CSI Perennial Rye at a rate of I pound of seed per 1,000 square feet. 12.0 General Contract Provisions 12.1 Contractor shall provide and is responsible for all equipment necessary to cant' out the work outlined in the contract. There will be no available storage for equipment, Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. Consultant Responsibilities: 1.0 UNIFORMS AND VEHICLES IDENTIFICATION 1.1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company bats, collared work shirts, pants, j ackets, cold weather vests and ANSI approved safety slices. All uniforms will be marked by patch, sills screen or embroidery with the company name and logo or other form of identification. 1.2 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. 1.3 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. 2.0 SAFETY REQUIREMENTS Clty of Santa Ana RFP 15 -113 Page 18 25C -21 2.1 All work performed under this contract shall be completed with maximinn safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City approved Illness and Injury Prevention Program. 2.2 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. 2.3 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. 2.4 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 and update OSHA safety training records and employee safety training certificates. 3.0 SAFETY NOTIFICATION 3.1 I£ Contractor identifies a potential safety issue, Contractor shall: 3.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 3.1.2 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. 4.0 UNDERGROUND ALERT SYSTEMS 4.1 Underground Alert Systems (telephone number 1- 800 -422 -4133) must be notified 48- hours in advance prior to any excavation work. 5.0 PROPERTY DAMAGE 5.1 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. 6.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 6.1 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 Santa Ana RFP 15 -113 Page 19 25C -22 7.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 7.1 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 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, 7.2 If the Directors Representative requests or directs the Contractor to perfom7 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. 7,3 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, 8.0 SUBSTITUTIONS 8.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 9.0 CERTIFICATION & APPLICATION OF MATERIALS 9.1 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. 9.2 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 verifites 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. 10.0 SOUND CONTROL REQUIREMENTS 10.1 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 recormnended 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 City of Santa Ana RFP 15 -113 Page 20 25C -23 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. 11.0 NOTIFICATION OF LOCATIONS OF WORK 11.1 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, Coll phone, fax, or by weekly written schedules which specify the entire weeks work locations. 12.0 WORK FORCE 12.1 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. 13.0 MATERIALS 13.1 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. 13.1.1 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, City of Santa Ana RFP 15 -113 Page 21 25C -24 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. 13.1.2 All materials delivered to the site shall be. accompanied by a paelcing slip or other form from the vendor indicating the specific commodity delivered and the quantity. 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. hi 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. Special Requirements See- ATTACIIMC+NT 4 ADDITIONAL PROVISIONS City of Santa Ana RFP 15 -113 Page 22 25C -25 APPENDIX ATTACHMENT 4: ADDITIONAL PROVISIONS 1. TERM This Agreement shall commence on upon execution of the agreement through January 31, 2018 with the option for the City to grant up to two one -year renewal options, at the same fee structure identified in Attachment 3 -6 Fee Schedule, exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 2. ADDITIONAL SERVICES The City reserves the right to request additional services associated to in -field ball diamond maintenance. Prior to performance of any work the City will negotiate scope /pricing and the contractor must provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an "Authorization for Extra Work" form. 3. POLICY FOR DRIVING ON PARK PROPERTY Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to a job site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs, are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E, Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. 4. STA SEED TOPPER TESTING REQUIREMENTS The purpose of this specification is to assure that compost products, such as mulch and seed topper, are of high quality by evidence of meeting the U.S. Composting Council's Compost Analysis Proficiency Program (CAPTP) requirements. All compost products must meet or surpass all the requirements specified in the CAPTP program, including but not limited to, having compost products tested by a CAPTP certified lab. All products must be tested and approved by a CAPTP certified lab within 30 clays of delivery to the City of Santa Ana. The City of Santa Ana RFP 15 -113 Page 38 25C -26 Director's Representative reserves the right to take samples of compost products delivered or used in the City of Santa Ana and submit the samples to a CAPTP certified lab to verify that the compost products meet or exceed the requirements set forth by the CAPTP. Should products delivered or used in the City of Santa Ana not meet the CAPTP compost requirements, the City will consider this as a failure to perform by the contractor. City of Santa Ana RFP 15 -113 Page 39 25C -27 104*4 1111 25C -28 APPENDIX ATTACHMENT 3-6: FEE SCHEDULE CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR IN -FIELD BALL DIAMOND MAINTENANCE RFP NO.: 15.113 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, 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 90 days from the date the proposal is due, in order to allow time to award an agreement, DISTRICT I ANNUAL AMOUNT El Salvador Park $38,752.00 (aeaPdoasummorybnlow) Heritage Park $4,216.00 (sac lain summmyholow) Riverview Park $42,496.00 (SaaPd ®Suinmoryholaw) RoAaPartC $9,648,00 (saa P,loo Bum,vorybaiow) TOTAL $95,112.00 (sm Pdoo Summary WOW) DISTRICT 4 ANNUAL AMOUNT Adams Park $9,688.00 (sm &Imaummaoybamw) Centennial Park $17,792,00 (soeenm somroavyholaw) Jerome Park _ $30,762.00 (seaPdcosummaryboluw) Thol'nton.Park $41,040.00 (sea Pro >a „aa,my baron) Windsor Park $5,944.00 (sm Pdoo Summary WOW) TOTAL $105,226.00 1 SERVICE PER WEEK IPtloos appear M WoW Prim Sher I ON't"d SERVICE, PEW, WEEK Pni appanrou nttaohd PdmShM.I It the City wishes W ineraliso the 4cquouey of maintenance please provide the cost to add a day of scrvieo per week for a year, Inc. 818.559.9787 Ext, 5/818,559,9780 Legal Name of Company Phone and Pax Numbers 508 E. Chapman Ave. Fullerton CA 92832 Business Address David R. Johnson Presldc.nt Printed Dame of Authorized. Agent Title �-tA w ^ 12/4115 Signature of Authorized Agent Date 461515324 992473 Federal ID narabor (if applicable) Contractor License Number (if applicable) City of Santa Ana RFP 16 -113 Page 37 25C -29 25C -30 AGREEMENT FOR BALL DIAMOND MAINTENANCE SERVICES CITY OF SANTA ANA (DISTRICT 4) THIS AGREEMENT is made and entered into this 19th day of January, 2016 by and between Professional Sports Field Maintenance, Inc. ( "Contractor "), and 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 "). RECITALS A. On November 5, 2015, the City issued Request for Proposal No. 15 -113, by which it sought proposals from qualified firms for in -field ball diamond maintenance services at City parks in Districts 1 and 4. B. Contractor submitted a responsive proposal that was selected by the City for District 4, Contractor represents that it is able and willing to provide the services described in the scope of work for District 4 that was included in RFP No. 15.113 as Attachment 1 and that is attached to this Agreement as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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 Contractor shall perform those services as set forth in Exhibit A to this Agreement as they pertain to District 4. Contractor's proposal is incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibit Bas they pertain to District 4. The total annual srmi to be expended under this Agreement shall not exceed $114,604 during the term of this Agreement. This annual amount is comprised of (1) the sun of $104,185 and (2) a 10% contingency of tip to $10,419 for services as may be performed by Contractor at the sole discretion of City. b. Payment by City shall be made within forty -five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on February 1, 2016 and terminate on January 31, 2018, unless terminated earlier in accordance. with Section 15, below. The term of this Agreement may be extended for two (2) one -year periods upon a writing executed by the City Manager and the City Attorney. 25C -31 4. 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 5. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in amanner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance slid similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSIIIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible meditiun of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ( "Documents & Data'). Contractor shall require all subcontractors to agree in writing that Cityis granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and 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 Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single 25G -32 limit coverage applying to bodily and personal injury, including death resulting therefrom, acid property damage, in the total amount of $1,000,000 per occurrence, with $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 insureds 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 the California Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor 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. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor 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 famished to the City upon execution of this Agreement and shall be approved 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 (3 0) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 25C -33 Contractor or its, subcontractors, agents, employees, or other persons acting on their 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 Contractor 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 Contractor 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 Contractor. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightfal possession of the Contractor an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25C-34 12. 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, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 - 647 -6956 With courtesy copies to: To Contractor: Gerardo Monet Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza M -23 P.O. Box 1988 Santa Ana, California 92702 Fax 714 -571 -4211 Professional Sports Field Maintenance, Inc. 23 Emerald Glen Laguna Niguel, CA 92677 Attn: Don Bordelon, President City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 -647 -6515 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 fax, 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. 13. EXCLUSIVITY AND AMENDMENT This Agroement represents the complete and exclusive statement between the City and Contractor regarding the subject matter therein, 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. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement 25C -35 actmowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assigmnent, 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 which are the subject to this Agreement performed by City personnel or by other consultants retained by City, 15, TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all 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 Contractor 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 perfonnance specified in the Recitals of this Agreement. 16, NONDISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. 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 maybe brought or arise out of, in connection with or by reason of this Agreement, 18. PROFESSIONAL LICENSES Contractor 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 States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 250-36 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. 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: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: John M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouct Executive Director Parks, Recreation, and Community Services Agency CITY OF SANTA ANA David Cavazos City Manager CONTRACTOR: Don Bordelon Professional Sports Field Maintenance, Inc, Tax ID# 25C -37 EXHIBIT A 25C -38 Appendix ATTACHMENT I SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR IN -FIELD BALL DIAMOND MAINTENANCE RFP NO.: 15 -113 Introduction and Background The City of Santa Ana Park Services elects to enter into agreement with a landscape 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 1.0 Ball Diamond Locations and Quantities /Types of Diamonds at Each Site 1.1 Adams Park - District 4 1.1.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 1.2 Centennial Park - District 4 1.2.1 Two (2) 60' base path Girls Softball /Major Little League diamond with skinned brickdust infields. 1.3 El Salvador Park- District 1 1.3.1 Two (2) 60' base path Little League diamond with sldnned brickdust infields. 1.3.2 Three (3) base path T -Ball diamonds with skinned brickdust infields. 1.4 Heritage Park - District 1 1,4.1 One (1) 60' base path Girls Softball /Major Little League diamond with skinned brickdust infield. 1.5 Jerome Park - District 4 1,5.1 One (1) 80'/90' base path Little League Junior /Senior diamond with skinned brickdust infield. 1.5.2 Two (2) 60' base path Little League diamond with skinned brickdust infields. 1.6 Riverview Park- District 1 1.6,1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 1.6.2 One (1) 60' base path Major Little League diamond with sport turf and brickdust infield. City of Santa Ana RFP 15 -118 Page 10 25C -39 1.6.3 One (1) Minor Little League diamond with sport turf and brickdust infield. 1.6.4 One (1) T -Ball Little League diamond with sport turf and brickdust infield. 1.7 Rosita Park - District 1 1.7.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 1.8 Thornton Park - District 4 1.8.1 Three (3) 60' base path Girls Softball diamond with skinned brickdust infield. 1.9 Windsor Park - District 4 1.9.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield. 2.0 Schedule of Work to be Completed 2.1 Adams Park: 5 Days per wk, Feb I at to July 15th 3 Day per wk, Ady 16th to Jan 31st 2.2 Centennial Park: 5 Days per wk Feb 1st to April 31" 3 Day per wk May 1st to Jan 3161 2.3 El Salvador Park; 5 Days per wk, Feb 1st to July 15th 3 Day per wk, July 16th to Jan 31 st 2A Heritage Park: 1 Day per wk Year round 2.5 Jerome Park: Field #1 5 Days per wk, Feb 1st to Aug 31st 3 Day per wk, Sept 1st to Jan 31st Field 42 & #3 5 Days per wk, Feb 1st to July 15th 3 day per wk July 16th to Jan 31st 2.6 Riverview Park: 5 Days per wk, Feb 1 st to July 151h 3 Day per wk, July 16th to Jan 31st 2.7 Rosita Park: 5 Days per wk, March 1 st to July 31 sh 3 Day per wk, July 30th to Feb 28th 2.8 Thornton Park: 5 Days per wk Year round 2.9 Windsor Park: 3 Days per wk Feb 1 st to July 15th 1 Day per wk July 16th to January 31 at 3.0 Field Composition Mix ( Brickdust) To Be Used When Maintaining In- fields. 3.1 Field. In General 3.l .1 When adding field composition mix (brickdust) to any City of Santa Ana infield, the specific type of material to be used is: City of Santa Ana RFP 15 -113 Page 11 25C -40 Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). 3.2 P'itcher's Mound /Home Plate /Basepath Areas 3,2.1 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. 3.3 Warning Track 3.3.1 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. 4.0 Equipment The contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment. 4.1 Utility Vehicle Small tight turn radios (13') 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. 4,2 Drags 4.2.1 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. 4.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the shinned 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. 4,2.3 Grooming or Pinish 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. Nail Drag: Used to lightly roughen infield surface. Use True Pitch Mound Nail Drag or approved equal 4.3 Other Equipment 43.1 Hand Tamp: 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate and pitching mound. 43.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 4.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be made of aluminum, 36" wide and a 6' handle. 4.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop Shovels. City of Santa Ana RFP 15 -113 Page 12 25C -41 4.3.5 Heavy Duty Hose: Used to water clown 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. 4.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. 4.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min. wide with heavy -duty dual weight bristles. 4.4 Wet Conditions Equipment" (Add to equipment above) 4.4.1 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: 4.4.2 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. 4.4.3 "Super Sopper ": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 4.4.4 Diamond or Beckson Ptanp: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 4.4.5 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. 5.0 Meetings 53 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am — 5:00pm, Monday — Saturday. 5.2 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. 5.3 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). 6.0 Daily Infield & Warning Track Maintenance 6.1 General 6.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 6.1.2 Contractor shall keep brickdust and dugout areas in a clean and weer] free condition. Dugouts shall be cleaned daily and be free of brickdust, stains, weeds and other debris. Dugouts shall be hosed down weekly so they are completely free of any brickdust or other stains /gum, sunflower seeds, etc. 6.1.3 Contractor shall hose and /or sweep and hose out all dugouts so they are 100% free of brickdust, brickdust stains or any other debris. City of Santa Ana RFP 15 -113 Page 13 25C -42 6.2 Maintenance Procedure 6.2.1 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. 6.2.2 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, 6.2.3 The Contractor shall rake /shovel loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /wom areas appearing on the field before any watering or dragging shall take place. 6.3 Home Plate Area /Batter's Box Area Holes (follow Gail Materials home plate /pitchers mound maintenance video) 63.1 Sweep /Rake away all loose brickdust -mound rnix- calcine clay. 6.3.2 Wet area until moist. 6,3,3 Scarify area (`s) [batter's box hole (`s)] with shovel. This will help the mix bind better. 6.3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 6.3.5 Backfill "mound -mix" material into hole (`s). 6.3.6 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. 6.3.7 Wet area until moist using a hose and power nozzle. Cover areas with calcified clay. 6.4 Pitcher's Mound 6.4.1 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. 6.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix ". 6.5 General Brickdust Skinned Infield Areas 6.5.1 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. 6.5.2 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. 6.5.3 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, 6.5.4 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 tuts and high/low areas. Speed of drag procedure shall not exceed 7 mph. City of Santa Ana RFP 15 -113 Page 14 25C -43 6.5.5 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 brick(lust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 6.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields. 6.5.7 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. 6.5.8 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. 6.5.9 After raking the 18" 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 %a" 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 lime 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, 6.6 Final Watering 6.6.1 This is the most time consuming and a very important element of the procedure. 6.6.2 The contractor shall final water the skinned brickdust to a depth of 1/4" minimum. 7.0 Rainy Weather /Wet Field Procedure 7.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to; 7.1.1 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. 7.1.2 Rake out (scarify) wet areas. 71.3 Apply Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) from stock to all Wet Areas and Rake Out. Cap with calcified clay Turfacc. 8.0 Work to be Completed FIVE (5) TIMES PER YEAR 8.1 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). 8.2 Heavy water scarified and cut and leveled areas to a' /2" 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 City of Santa Ana RFP 15 -113 Page 16 25C -44 bi- monthly scarify /cut and level drag dates to contractor, 9.0 Work to be Completed "ANNUALLY" 9,1 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. 9.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built Lip 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). 9.1.2 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 speck field. 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. 9.1.3 The Director's Representative may elect to pay extra for the Contractor to 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. 10,0 Work To Be Completed "AS DIRECTED" 10.1 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. 10.2 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. 10.3 Replace or Remove /Level /Re- Install home plates as directed. Home plate shall be 1" above finish grade of batters circle. City of Santa Ana RFP 15 -113 Page 16 25C -45 10.4 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. 10.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 11.0 Infield Turf Maintenance 11.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield and warning track brickdust skin line /arc. Infield and warning track turf shall be mowed and edged one (1) time per week. Mowing shall be accomplished by walls- behind reel mower — Jacobsen Eclipse2 reel mower, TruCut or John Deere Walk Greens Mowers (180 E -Cut Hybrid, 220 -E Cut Hybrid, 1808L - 220SL -260SL Precision Cut units along skinned infield brickdust areas, turf infields, turf infield foul areas, and foul territories. Additional mowers may be submitted for approval by the City. 11.1.1 Contractor shall use a Jacobsen Eclipse2, TruCut or John Deere walk- behind "greens" reel mower to provide "putting green" quality finish cut. 11.1.2 Infield turf shall be out between %2" and %" per Director's Representative direction. 11.1.3 All turf clippings shall be collected and disposed of 11.1.4 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. 11.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable, 11.2.1 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. 11.2.2 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 - Infield 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. 11.2.3 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed, Optional As Extra Work - Infield turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff. 11.3 Infield turf shall be kept weed free at all times. 11.3.1 Any grasses other than the original hybrid Bermuda, and cropped over perennial rye installed in the infield shall be eradicated inunediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 11.3.2 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. City of Santa Ana RPP 15 -113 Page 17 25C -46 11.4 Infield turf shall be kept free of disease and rodents at all times. 11.4.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 11.5 Infield turf annual renovation (Optional, at City's request, as a contingency item) 11.5,1 Each year the infield turf shall be renovated: 1) verticut using the straight blade reels with blades 1.25'- 1,50" apart; 2) mowed to ''/4" high immediately following verticutting; 3) overseeded with Stovers Seed Company Bermuda Dimes at a rate of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately following seeding by Materials using "Santa Ana Top Dress Mix" 1/4" minus STA tested /approved compost -seed topper with California Organic Phyta -Boast 7 -1 -2 fertilizer pre -mixed (35 cubic yards seed topper to 700 pounds of organic fertilizer). 11.6 Infield monthly overseeding (Optional, at City's request, as a contingency item) 11.6.1 Each month the infield turf shall be verticut using the greens reel mower straight blade reels with blades 1,25'- 1.50" apart and overseeded with Stovers Seed Company Bermuda Dunes at a rate of 1 pound of seed per 1,000 square feet or Simplot's Jacklin Seed Company CSI Perennial Rye at a rate of 1 pound of seed per 1,000 square feet, 12.0 General Contract Provisions 12:1 Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. Consultant Responsibilities: 1.0 UNIFORMS AND VEHICLES IDENTIFICATION 1,1 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. 1.2 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. 1.3 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. 2.0 SAFETY REQUIREMENTS City of Santa Ana RPP 15 -113 Page 18 25C -47 21 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. 2.2 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, excavatiorr/trenching /shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. 2.3 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. 2.4 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 and update OSHA safety training records and employee safety training certificates, 3.0 SAFETY NOTIFICATION 3.1 If Contractor identifies a potential safety issue, Contractor shall: 3.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the conditions 3.1.2 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. 4.0 UNDERGROUND ALERT SYSTEMS 4.1 Underground Alert Systems (telephone number 1- 800 - 422 -4133) must be notified 48- hours in advance prior to any excavation work. 5.0 PROPERTY DAMAGE 5.1 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. 6,0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 6.1 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, sidewallcs, 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 Santa Ana RFP 15 -113 Page 19 25C -48 7.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 7.1 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 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. 7.2 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. 7.3 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. 8.0 SUBSTITUTIONS 8.1 Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative, 9.0 CERTIFICATION & APPLICATION OF MATERIALS 9.1 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. 9.2 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 verifites 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. 10.0 SOUND CONTROL REQUIREMENTS 10.1 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 interval combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be City of Santa Ana RFP 15 -11-3 Page 20 25C -49 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 proiect, shall be kept at levels so as to not disturb the general public. 11.0 NOTIFICATION OF LOCATIONS OF WORK 11.1 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. 12.0 WORK FORCE 12.1 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. 13.0 MATERIALS 13.1 The Director's Representative shall approve or reject all materials delivered to the work sites In addition, the Contractor shall not apply any materials until the Dir'ector'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. 13.1.1 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. City of Santa Ana RFP 15 -113 Page 21 25C -50 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, 13.1.2 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. 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 withhold 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. Special Requirements See-ATTACHMENT 4: ADDITIONAL PROVISIONS City of Santa Ana RFP 15 -113 Page 22 25C -51 APPENDIX ATTACHMENT 4 ADDITIONAL. PROVISIONS 1. TERM This Agreement shall commence on upon execution of the agreement through January 31, 2018 with the option for the City to grant up to two one -year renewal options, at the same fee structure identified in Attachment 3 -6 Fee Schedule, exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 2. ADDITIONAL SERVICES The City reserves the right to request additional services associated to in -field ball diamond maintenance. Prior to performance of any work the City will negotiate scope /pricing and the contractor must provide a quotation for the requested work that is to be approved in writing by the City. City written approval may be in the form of an "Authorization for Extra Work" form. 3. POLICY FOR DRIVIiNG ON PARK PROPERTY Driving on park turf is allowed only when necessary to perform an official City maintenance or business fimction, and Linder the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to a job site B, When there is-no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D, Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. 4. STA SEED TOPPER TESTING REQUIREMENTS The purpose of this specification is to assure that compost products, such as mulch and seed topper, are of high quality by evidence of meeting the U.S. Composting Council's Compost Analysis Proficiency Program (CAPTP) requirements. All compost products must meet or surpass all the requirements specified in the CAPTP program, including but not limited to, having compost products tested by a CAPTP certified lab. All products must be tested and approved by a. CAPTP certified lab within 30 days of delivery to the City of Santa Ana. The City of Santa Ana RFP 15 -113 Page 38 25C -52 Director's Representative reserves the right to take samples of compost products delivered or used in the City of Santa Ana and submit the samples to a CAPTP certified lab to verify that the compost products meet or exceed the requirements set forth by the CAPTP. Should products delivered or used in the City of Santa Ana not meet the CAPTP compost requirements, the City will consider this as a failure to perform by the contractor. City of Santa Ana RPP 15 -113 Page 39 25C -53 1 *414 1111 r r 25C -54 APPENDLX ATTACHMENT 3 -6: FEE SCHEDULE CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR IN -FIELD BALL DIAMOND MAINTENANCE RFP NO.: 15 -113 Certification - I certify that I have read; understand and agree to the terms and conditions of this Request for Proposals. f 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. 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. 'rhe proposer warrants that the prices, terms and conditioned quoted will be valid for a period of 90 days from the date the proposal is due, in order to allow time to award an agreement. DISTRICT I ANNUAL. AMOUNT EI Salvador Park 33,190 Heritage Park 3,900 ..._.� Riverview Park 41,834 . -. Rosita Park 14,790 TOTAL 6,140 _.._ DISTRICT4 ANNUAL AMOUNT Adams Park -__,- 9;460 Centennial Park 21,520 Jerome Park 33,510 Thornton Panic 33;555 Windsor Park 6,140 _.._ TOTAL 104,185 If the City wislres to increase the frequency of maintenance please Field Maintenance, Inc. SERVICE PER WEEK FOR A YEARW 140/7,280 401 2,060 157/8,164 65/3,380 402/20,904 COST PER DAY or SERVICE PER WEEK FOR A YEAR- 40/2,080 100/5,200 140/7,280 11515 980 42/ 2,164 437/22,724 dde the cost to add a da, of service per week for a year. 949 -661 -0493 Legal Name or t;ompany Phone and Fax Numbers 23 Emerald Glen, Laguna Niguel, CA 92677 _ $tininess Address Don Bordelon President Agent Title r— r %L' (-%I Signature of Authorized Agent pate 72- 1565503 C27- 929290 Contractor License Nt City of Santa Ana RFP 16-113 Page 37 25C -55 25C -56