HomeMy WebLinkAboutMAJOR LEAGUE INFIELDS, INC. (2)INSURANCE NOT ON FILE
A 202o-ooa
WORK MAY NOT PROCEED
CLERK OF COUNCIL.
DATE:
r vevkr `ti AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
MAJOR LEAGUE INFIELDS, INC.
THIS AGREEMENT is hereby made and entered into this 21st day of January, 2020, by
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and between the City of Santa Ana, a charter city and municipal corporation organized and
c' existing under the Constitution and laws of the State of California ("City"), and Major League
cJ Infields, Inc., a California Corporation ("Consultant").
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RECITALS
A. The City issued Request for Proposal ("RFP") 19-093 on October 7, 2019 for in -
filed ball diamond maintenance for City parks in districts 1-4. City's RFP is
incorporated herein by reference as though fully set forth below.
B. Consultant submitted a proposal in response to RFP 19-093 and has been selected
for award of the contract for districts 1, 3, and 4.
B. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably
be expected from a professional firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and
subject to the terms and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Consultant shall provide baseball diamond infield maintenance services in City districts
1, 3, and 4 as outlined in more detail in the City's RFP and the attached Exhibit "A."
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the fees and rates set forth in consultant's proposal submitted in response to City's
RFP and Exhibit B of this Agreement. The total sum to be expended under this
Agreement shall not exceed $1,294,506.40 for the entire term of this Agreement. The
annual not to exceed amount for this Agreement is 323,626.60, which includes a base
annual Agreement amount of $294,206.00 plus a 10% contingency of $29,420.60 to
be exercised at the City's sole discretion.
b. City will be invoiced by Consultant monthly. Payment will be made within forty-five
(45) days of the date of the invoice.
3. TERM
The tern of this Agreement shall commence on February 1, 2020 and terminate on
January 31, 2024, unless terminated earlier in accordance with Section 13, below.
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4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer -employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which arc the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to its employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance, which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's negligent operations in
the performance of this Agreement, including, without limitation, acts involving vehicles. The
insurance policy shall not have an exclusion for sexual molestation. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers,
employees, agents, volunteers and representatives as additional insured(s); (b) be primary and
not contributory with respect to insurance or self-insurance programs maintained by the City;
and (c) contain standard separation of insured provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with California State law,
Consultant, if Consultant has any employees, is required to be insured against liability for
worker's compensation or to undertake self-insurance. Prior to commencing the performance of
the work under this Agreement, Consultant agrees to obtain and maintain any employer's
liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim with $2,000,000 in the aggregate.
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e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
(iv) Consultant shall supply City with fully executed additional insured endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to terminate this
Agreement. Such termination shall not affect Consultant's right to be paid for its time and
materials expended prior to notification of termination. Consultant waives the right to receive
compensation and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
6. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation,, restitution, judicial or equitable relief arising out of
claims for personal injury, including death, and claims for property damage, which may arise
from the negligent operations of the Consultant, its subcontractors, agents, employees, or other
persons acting on its behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or
asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in any
legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject
to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by
Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant.
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RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of
all work, data, documents, proceedings, and activities related to this Agreement for a period of
three (3) years from the date of final payment to Consultant under this Agreement.
8. CONFIDENTIALITY
If Consultant received from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant and disclosed without an obligation of confidentiality; (d) is
required to be disclosed by operation of law; or (e) is independently developed by the Consultant
without reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, sent by fax or other telegraphic
communication in the manner provided in this Section, to the following persons:
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To City: City of Santa Ana
City Clerk (M-30)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
With copy to: Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
Fax (714) 571-4211
And: City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax (714) 647-6515
To Consultant: Mr. David R. Johnson, President
Major League hrfields, Inc.
508 East Chapman Avenue
Fullerton, California 92632
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to
have been given twenty-four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
11, EXCLUSIVITV AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement
and any attachments hereto, the terms of this Agreement shall prevail and will serve to fully
supersede existing Agreement. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, that terms or conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
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promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any parties, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services that are the subject to this
Agreement performed by City personnel or by other Consultants retained by City.
13. TERMINATION
Except as otherwise specified herein, this Agreement may be terminated by the City with
thirty (30) days written notice of termination to the Consultant.
a. As a condition of such payment, the City may require Consultant to deliver to the City
all the work product completed, as of such date, and in such case, such work product shall be the
property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes, as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. BACKGROUND CHECK REQUIREMENTS
Consultant shall not assign any employee, agent, subcontractor or volunteer to provide
services pursuant to this Agreement, if that employee, agent, subcontractor or volunteer is
required to register as a sex offender under California Penal Code Section 290 et seq, has a
conviction for any crime of moral turpitude, has a conviction for a violent felony as defined in
California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in
California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited
to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-
190.4 and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 2361(b) or
236.1(c), 243.4, 261, 26t.5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a,
273ab, 273d, 285, 286, 288, 288a, 288.2, 2883, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2,
311.3, 311.4, 311.t0, 31L11, 314, 347(a), 368, 417(b), 45l(a),518 with 186,22, 647.6, 653f(c),
664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and
Professions Code Section 729. Failure to comply with this Section shall be grounds for
immediate termination of this Agreement.
15. NON-DISCRIMINATION
Provider shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
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information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under
this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with
all applicable federal, state and local laws and regulations.
16. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
17. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United Sates, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for ternination of this
Agreement.
18. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage haws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. Since the
services being performed are part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more,
Contractor agrees to fully comply with such Prevailing Wage Laws, Contractor shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claim or liability arising out of any failure or alleged failure to comply with
the Prevailing Wage Laws.
19. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
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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:
M11
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: LAURA A. ROSSINI
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
>A*4\
/
S RUDLOFF Y
Executive Director of Parks,
Recreation and Community Services Agency
CITY OF SANTA ANA
EYRISTINE RIDGE
City Manager
MAJOR LEAGUE INFIELDS, INC
By: David R. Johnson, President
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EXHIBIT A
SCOPE Or SERVICES
42 R540
f Appendix - ----
ATTACHMENT 1.
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
INFIELD BALL DIAMOND MAINTENANCE
RFP NO.: 19-093
Introduction and Background
The City of Santa Ana intends to enter into agreement with a contractor whose specialty is maintaining
baseball/softball infields and warning tracks.
State of California Licensed C-27 Contractor specializing in Ball Diamond In -Field Maintenance shall provide
in -field and warning track brickdust maintenance for Baseball/Softball Diamonds per the specifications and
conditions listed below.
Description of Work
BALL, DIAMOND LOCATIONS/OIJANTITIES/TYPES OF DIAMONDS
1.0 DISTRICT 1
1.1 El Salvador Park -District 1
1.1.1 Two (2) 60' base path Little League diamond with skinned brickdust infields.
1.1.2 Three (3) base path T-Ball diamonds with skinned brickdust infields.
1.2 Riverview Park -District 1
1.2.1 One (1) 60' base path Major Little League diamond with skinned brickdust
infield.
1.2.2 One (1) 60' base path Major Little League diamond with sport turf and brickdust
infield.
1.2.3 One (1) Minor Little League diamond with sport turf and brickdust infield.
1.2.4 Two (2) T-Ball Little League diamond with spoil turf and brickdust infield.
1.3 Rosita Park -District 1
1.3.1 One (1) 80790' base path Little League Junior/Senior diamond with sport
brickdust infield.
2.0 DISTRICT 2
2.1 Cabrillo Park -District 2
2.1.1 One (1) 80'/90' base path Little League Junior/Senior diamond with skinned
brickdust infield.
2.2 Morrison Park -District 2
City of Santa Ana RFP 19-093
Page 12
2.2.1 One (1) 60' base path Girls Softball/ Little League diamond with skinned
brickdust infield.
2.3 Portola Park -District 2
2.3.1 One (1) 60' base path Girls Softball/ Little League diamond with skinned
brickdust infield.
2.4 Santiago Park -District 2
2.4.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield.
3.0 DISTRICT 3
3.1 Delhi Park -District 3
3.1.1 One (1) 60' base path Little League diamond with skinned brickdust infield.
3.2 Madison Park -District 3
3.2.1 One (1) 60' base path Major Little League diamond with skinned brickdust
infield.
3.2.2 One (1) T-Ball diamond with skinned brickdust infield.
3.3 Memorial Park -District 3
3.3.1 One (1) 80'/90' base path Little League Junior/Senior diamond with sport
turf/brickdust infield.
3.3.2 One (1) 60' base path Little League diamond with combination sport
turf/brickdust infield.
3.3.3 Two (2) 60' base path Little League diamonds with skinned brickdust infields.
4.0 DISTRICT 4
4.1 Adams Park -District 4
4. l . l One (1) 60' base path Little League diamond with skinned brickdust infield.
4.2 Centennial Park -District 4
4.2.1 Two (2) 60' base path Girls Softball/Major Little League diamond with skinned
brickdust infields.
4.3 Heritage Park -District 4
4.3.1 One (1) 60' base path Girls Softball/Major Little League diamond with skinned
brickdust infield,
4.4 Jerome Park -District 4
4.4.1 One (1) 80'/90' base path Little League Junior/Senior diamond with sport
turf/brickdust infield.
4.4.2 Two (2) 60' base path Girls Softball/Major Little League diamond with skinned
brickdust infields.
4.5 Thornton Park -District 4
4.5.1 Three (3) 60' base path Girls Softball diamond with skinned brickdust infield.
_ City of Santa Ana RFP 19-093
Page 13
4.6 Windsor Park -District 4
4.6.1 One (1) 60' base path Girls Softball diamond with skinned brickdust infield.
SCHEDULE OF WORK TO DE COMPLETED
5.0 DISTRICT 1
5.1 El Salvador Park: 5 Days per week, Januarylst to Judy 318t
3 Day per week, August I" to December 3lst
5.2 Riverview Park: 5 Days per week, Januaryl st to .luly 31 st
3 Day per week, August 1" to December 3Ist
5.3 Rosita Park: 5 Days per week, Januarylst to July 3lst
3 Day per week, August 1" to December 31st
6.0 DISTRICT 2
6.1 Cabrillo Park: 5 Days per week, Januaryl st to July 31 st
3 Day per week, August l" to December 31 `r
6.2 Morrison Park: 3 Days per week Year Round
6.3 Portola Park: 5 Days per week, Januaryl st to July 3lst:
3 Day per week, August I" to December 31st
6.4 Santiago Park: 5 Days per week Year Round
7.0 DISTRICT 3
7.1 Delhi Park: I Day per week year round
7.2 Madison Park: 5 Days per week, Januarylst to July 31 st
3 Day per week, August l st to December 31 st
7.3 Memorial Park: 5 Days per week, Januarylst to July 31 st
3 Day per week, August 1" to December 31 st
8.0 DISTRICT 4
8.1 Adams Park: 5 Days per week, Januarylst to July 31st
3 Day per week, August 1"to December 31st
8.2 Centennial Park: 5 Days per week, January tst to July 31st
3 Day per week, August 1" to December 31 st
8.3 Heritage Park: 1 Day per week Year round
8.4 Jerome Park: Field 91
5 Days per week, Januarylst to July 31 st
3 Day per week, August I st to December 3151
City of Santa Ana RFP 19.093
Page 14
Field #2 & #3
5 Days per week, Januarylst to July 31 st
3 Day per week, August l"to December 31st
8.5 Thornton Park: 5 Days per week Year Round
8.6 Windsor Park: 5 Days per week, January Ist to July 31st
3 Day per week, August I` to December 31st
BALL DIAMOND MAINTENANCE
9.0 Field Composition Mix (Brickdust) To Be Used When Maintaining Infields.
9.1 Field In General
9.1.1 When adding field composition mix (brickdust) to any City of Santa Ana infield,
the specific type of material to be used is: Stabilizer Solutions Stabilizer Gold
Infield Mix (with stabilizer).
9.2 Pitcher's Mound/1-1ome Plate/Basepath Areas
9.2.1 When adding a mix with a higher clay composition material to any pitcher's
mound/home plate/base-path area, the specific type of material to be used is: Hill
Topper Home Plate and Mound Mix,
9.3 Warning Track
9.3.1 When adding field composition mix to ball diamond warning tracks the specified
type of material to be used is: Stabilizer Solutions Stabilizer Warning Track Mix.
10.0 Equipment
The contractor shall provide and have "on hand" at all times during the brickdust maintenance
operation the following equipment:
10.1 Utility Vehicle
10.1.1 Small tight turn radias (13'R) vehicle designed especially for this type of work.
This vehicle shall have the capability to make circle and figure eight patterns
completely within the skinned brickdust infield area and not trespass onto adjacent
turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may
be acceptable.
10.2 Drags
10.2.1 Scarifying Drag: Used to scratch up or loosen up the skinned area. The drag shall
be made of heavy-duty steel capable of carrying additional weight (`s). Digging
teeth shall be hardened and pointed and be %" in diameter, Pull chain shall be
included,
10.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned
area. The leveling drag and cutting blades shall be made of galvanized steel. This
drag shall feature cutting blades that are adjustable and capable of cutting down dirt
build -tip (high spots) and depositing dirt into holes (low spots) creating a smooth
and level playing surface. Pull chain shall be included.
City of Santa Ana RFP 19-093
Page 15
10.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis
and lighter/gentle movement of brickdust. This drag shall be galvanized metal
"door -mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in
width.
10.2.4 Nail Drag: Used to lightly roughen infield surface. Use True Pitch Mound Nail
Drag or approved equal
10.3 Other Equipment
10.3.1 bland Tamp: 20 Ib. variety with 48" min. handle. Used to compact worn areas
around bases, home plate and pitching mound.
10.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent
wet clay from sticking.
10.3.3 Grade or Grooming Rake: Used to rake and fine level areas, Shall be made of
aluminum, 36" wide and a 6' handle.
10.3,4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop
shovels.
10.3.5 Heavy Duty Hose: Used to water down skinned area. Shal l be 3/4" to 1" top quality
construction with 225-psi working pressure. Leaks of any kind are not permitted.
Contractor shall have a minimum of 175' of hose on hand at all times.
10.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push
excess brickdust off turf edges.
10.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be
24" min. wide with heavy-duty dual weight bristles.
10.4 Wet Conditions Equipment" (Add to equipment above)
10.4.1 During periods of inclement weather or when the areas are wet the contractor shall
have "on -hand" during all brickdust maintenance operations the following items:
10.4.2 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains.
Shall be 24" to 36" wide with neoprene blade and magnesiunr/alummum head.
10.4.3 "Super Sopper": Used to collect standing water in brickdust areas. Shall be drum
type with exterior sponge and arm holding drum.
10.4.4 Diamond or Beckson Pump: Used to remove standing water in brickdust areas.
Shall be plastic with flexible piston and value.
10.4.5 Infield Sopper with Wringer and Bucket: Used to collect standing water in
brickdust areas. Sopper shall be geotextile-covered sponge typical for absorbing
chemical spills.
I L0 Meetings
11.1 Contractor shall provide City of Santa Ana staff with a contact English speaking person
and a phone number to reach the contact person from the hours of 6:30am — 5:00pm,
Monday — Saturday.
t l.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 Chat may
arise and any goals for the week.
City of Santa Ana RFP 19-093
Page 16
11.3 In November of each year for as long as the contract is in effect, Contractor shall personally
meet with staff, along with the designated site supervisor, to discuss and outline schedules
for "Annual Renovations" (listed in Section 10.0).
12.0 Daily Infield & Warning Track Maintenance
12.1 General
12.1,1 Contractor shall remove all litter, broken glass and hazardous debris from infield
and dugout areas.
12.1.2 Contractor shall keep brickdust and dugout areas in a clean and weed free condition.
Dugouts shall be completely free of any brickdust or other stains/gum, sunflower
seeds, debris, etc.
12.1.3 Contractor shall sweep/pressure wash out dugouts so they are 100% free of
brickdust, brickdust stains or any other debris.
12.1.4 Contractor shall clean mow strips, backstops, chain link fencing, including
brickdust build-up along bottom rails.
12.2 Maintenance Procedure
12.2.1 Retain smooth and level playing surface, using the following daily procedure. The
contractor shall remove all bases before beginning any work on in -field and re-
install after all work on in -field is completed.
12.2.2 After removing all bases, the contractor shall scrape/wire brush all base post
anchors and base inserts. This will help facilitate the base removal and installation.
12.2.3 The Contractor shall rake/shovel loose material from high spots back into low
spots/worn areas on running paths, sliding zones, and any other low spots/worn
areas appearing on the field before any watering or dragging shall take place.
12.3 Home Plate Area/Batter's Box Area Holes (follow Gail Materials home plate/pitchers
mound maintenance video)
12.3. l Sweep/Rake away all loose brickdust-mound mix -calcine clay.
12.3.2 Wet area until moist.
12.3.3 Scarify area (`s) [batter's box hole ('s)] with shovel. This will help the mix bind
better.
12.3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not
use infield mix for this purpose.
12.3.5 Backfill "mound -mix" material into hole (`s).
12.3.6 Tamp the area firmly with steel tamp. Note: The tamp will be most effective if you
cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic
keeps the clay from sticking to the tamp's bottom.
12.3.7 Wet area until moist using a hose and power nozzle. Cover areas with calcified
clay.
12.4 Pitcher's Mound
12.4.1 Follow same procedure for repair of home plate/batter's box area utilizing dry
"mound mix" for this purpose. Do not cover with infield mix.
12.4.2 Add to the above the following: Rake all loose material from bottom to top and
cover with "Mound Mix".
12.5 General Brickdust Skinned Infield Areas
City of Santa Ana RFP 19-093
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12.5.1 After raking/shoveling loose material from high spots back into low spots/worn
areas on running paths, sliding zones, and any other low spots/worn areas appearing
on the field, the Contractor shall fill all remaining low spots with new Stabilizer
Solutions Stabilizer Gold Infield Mix (with stabilizer). brickdust fiom stock and
make level.
12.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop;
dugout chain link fencing and/or infield chain link fence lines so that the infield
brickdust is level with the dugout pavement and pavement outside the infield.
12.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate
brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping
brickdust in place and not going air home.
12.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing
drag". Circular or figure eight drag patterns shall be used (see details I -A & 1-13).
Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and
high/low areas. Speed of drag procedure shall not exceed 7 mph.
12.5.5 When dragging the skinned infield, the contractor shall stay away from all turf
edges a minimum of 18". This will help in avoiding lips at brickdust/turf edges.
This 18' gap shall also apply to all backstops and chain link fence areas.
12.5.E Contractor shall hand rake all base paths on combination turf/brickdust infields.
12.5.7 When the dragging process is complete, the contractor shall stop the drag in a
different location daily. This will stop the accumulation of brickdust in focused
areas. At this time roll -up the drag, place it on the vehicle and remove all debris
accumulated in the drag at this spot and rake out material emptied from drag.
12.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake". The
rake shall be held at an angle as to not push brickdust onto/into turf areas.
12.5.9 After raking the 36" edges, the contractor shall clean all excess brickdust on the
turf edges utilizing a high pressure water nozzle or heavy duty broom. NO
brickdust shall be permitted on the turf edges at any time. If in the determination of
City staff, an unsafe lip situation exists (an unsafe lip is V2" or greater) in any
turf/brickdust border area infield to brickdust, base -paths or brickdust to outfield),
contractor will be required to remove or level the soil build-up with a sod cutter and
re-establish the in -field boundaries with a string line or suitable method and re -sod
up to the border to remedy the situation at contractors expense. Pre-existing
conditions shall be corrected during contract start-up.
12.6 Final Watering
12.6.1 This is the most time consuming and a very important element of the procedure.
12.6.2 The contractor shall final water the skinned brickdust to a depth of A" minimum
t3.0 Rainy Weather/Wet Field Procedure
13.1 On the next scheduled working day after a rainfall, the following procedure, in the order
listed, shall be adhered to:
13.1.1 Remove all standing water from low spots either by skimming off excess water and
spreading it out to dry areas or using a pump/copper system.
13.1.2 Rake out (scarify) wet areas.
13.1.3 Apply Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) from stock
to all Wet Areas and Rake Out. Cap with calcified clay Turface.
City of Santa Ana RFP 19-093
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14.0 Work to be Completed SIX (6) TIMES PER YEAR
14.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag
built up amounts of materials at high spots and cut and level drag the scarified material to
low spots. The Contractor shall till any remaining low spots with new Stabilizer Solutions
Stabilizer Gold Infield Mix (with stabilizer) briekdust from stock and make level. Cap with
calcified clay Ttrface. Note: Staff shall identify areas to scarify/cut and level drag to the
contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2
of contract).
14.2 Heavy water scarified and cut and leveled areas to a %z" min. depth and allow settling in
before play on field. Note: Due to heavy watering and its need to settle before play, staff
shall provide a schedule of bi-monthly scarify/cut and level drag dates to contractor.
15.0 Work to be Completed "ANNUALLY"
15.1 Each year, the following renovation is to be done on all fields in conjunction with the City's
Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year.
15.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built
up amounts of materials at high spots and 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. Note: Staff shall identify areas to scarily/cut and level drag at the
November meeting with contractor's owner (as per section 6.3 of contract).
15. 1.2 Contractor shall verify and maintain all base distances, pitching rubber distances
and pitching mound specifications per the Little League, Pony/Colt League
specifications for each specific field. Contractor shall use surveying equipment to
verify first and third base are true 90 degree angles, second base is 45 degrees and
foul poles are in the correct location from the apex of home plate. Contractor shall
repair any specifications not being met on any field. In addition, the Director's
Representative may elect to pay extra for the Contractor to install t/2" new
Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) to in -fields at all
diamonds (minimum 25 tons per Girls Softball/Major Little League Field and
minimum 50 tons per Junior/Senior Little League Field). Also, the Director's
Representative may elect to pay extra for the Contractor to install a minimum of 2
ton of Turface calcite clay per Girls Softball/Major Little League Field and 4 tons
of Turface calcite clay to Junior/Senior Little League Fields Responsibility for and
purchase of necessary materials shall be at contractor's expense.
15.1.3 Contractor shall rebuild pitcher's mound and batters boxes to MLB specifications
for high school/college/senior-junior diamonds and Little League specifications for
Little League major diamonds using Hill Topper Mound Mix capped with calcified
clay by Turface.
16.0 Work To Be Completed "AS DIRECTED"
16.1 Replace Base Anchors as directed. Note: City of Santa Ana uses the Hollywood
Breakaway base anchoring system. Contractor shall install base anchors into the ground
per manufacturer's standards. Top of stake shall be approximately 2" below the surface
grade so that the base sits level and flush against the surface on all sides.
City of Santa Ana RFP 19-093
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16.2 Replace Bases as directed. Note: City of Santa Ana shall be responsible for supplying all
necessary base anchors and/or bases to the contractor as needed.
16.3 Replace or Remove/Level/Re-Install home plates as directed. Home plate shall be 1" above
finish grade of batters circle.
16A Replace or Remove/Level/Re-Install pitching rubbers as directed.
Note: City of Santa Ana shall be responsible for supplying all necessary home plates and/or
pitching rubbers to the contractor as needed.
16.5 When given direction to complete "as directed" work, contractor shall complete the
directed work on the next working day.
17.0 Sport Turf (Infield/Warning Track/Cricket Pitch) Maintenance
17.1 Sport turf shall mean all sport turf in the infield, the foul territory of the infield, 36" beyond
the infield skin line/arc and 36" from the warning track brickdust skin line/arc and the
cricket pitch at Centennial Dan Young Soccer Complex Fields#5 & #6. Sport turf shall be
mowed and edged one (1) time per week, Mowing shall be accomplished by walk -behind
reel mower— Jacobsen Eclipse2 reel mower, TruCut or John Deere Walk Greens Mowers
(180 E-Cut Hybrid, 220-E Cut Hybrid, 180SL-220SL-260SL Precision Cut units along
skinned infield/warning track brickdust areas, turf infields, turf infield foul areas, foul
territories and cricket pitch, Additional mowers may be submitted for approval by the City.
17.1.1 Contractor shall use a Jacobsen Eclipse2, TruCut or John Deere walk -behind
"greens" reel mower to provide "putting green" quality finish cut.
17.1.2 Sport turf shall be cut between %2" and %" per Director's Representative direction.
17.1..3 All turf clippings shall be collected and disposed of:
17A A Edging of infield are shall be performed by infield sub. Straight lines shall be edged
by running a string line to assure lines are edged perfectly straight.
17.2 Sport turf shall be irrigated to maximize healthy growth of the turf while conserving water.
Over watering will not be acceptable.
17.2.1 Connector shall check and program the automatic irrigation controller as often as
necessary to assure the correct amount of water is applied to the infield sport turf,
17.2.2 Conti -actor shall provide any areas of the turf supplemental watering using a garden
hose on an as needed basis to assure a high quality turf infield.
Optional As Extra Work — Sport turf shall be fertilized two (3) times per year in the
first week of January and April and when the field is renovated each year per the
agronomic plan. The Contractor shall use California Organic products 'Phyta-
Boost' 7-1-2 fertilizer at 600 pounds per acre, and 'Compel' compost at 300 pounds
per acre.
17.2.3 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No
hand distribution will be allowed.
IT2.4 Sport turf shall be aerated using a walk behind piston type aerator as often as
deemed necessary by Staff.
17.3 Spat turf shall be kept weed free at all times.
17.3.1 Any grasses other than the original hybrid Bermuda, and cropped over perennial
rye installed in the infield shall be eradicated immediately upon notice. The
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Contractor may choose the method of eradication, however, may not damage the
turf.
17.32 Any broadleaf and/or turf type weeds shall be eradicated immediately upon notice,
The Contractor may choose the method of eradication, however, may not damage
the turf.
17.4 Sport turf shall be kept pest free of disease and rodents at all titres.
17.4, l The Contractor shall be responsible for identifying and treating any diseases or
rodents immediately upon notice.
17.5 Sport Turf Renovation-Overseeding
t7.5.1 Sport/Priority turf shall be renovated-overseeded each year per the Spoil/Priority
Turf Annual Schedule. All seed quantities and type specified shall be verified by
the Director's Representative prior to any applications. The process for renovation-
overseeding shall be as follows:
17.5.2 Contractor shall install a 6' high temporary construction fence around the
sport/priority turf areas prior to commencing renovation-overseeding work, Note,
the fence shall be installed on the perimeter of the sport/priority turf to be
renovated-overseeded in accordance with the park map depicting the sport/priority
turf areas.
17.5.3 Turf shall be mowed down to %". All turf clippings shall be removed.
17.5.4 Turf shall be aerated using the Ryan piston driven aeration equipment. Contractor
shall make two -passes in different directions per the Director's Representatives
direction.
17.5.5 Turf shall then be verticut using the greens mower with verticut reels (straight
blades 1.5" to 2" apart) Following verticutting all turf clippings shall be removed.
17.5.6 Contractor shall coordinate with the Irrigation Consultant to confirm all irrigation
has been tested and restored to original design specifications prior to overseeding.
17.5.7 Once the Irrigation Consultant verifies the irrigation system is working efficiently,
the Contractor shall evenly overseed the turf using a) Stover Seed Company's
Grand Slam FS in the fall/winter at a rate of 350 pounds per acre; and, b) Stover
Seed Company's Pro Sportfield Extreme in the spring/summer at a rate of 65
pounds per acre.
17.5.8 Immediately after overseeding the Contractor shall evenly apply %a" minus STA
approved compost topper from R&S Soils to all turf applied at a rate of 35 cubic
yards per acre mixed with California Organic 7-1-2 Phyta Boost organic fertilizer
at a rate of 600 pounds per acre (35 c.y. top dress mix/600tf 7-1-2 organic fertilizer).
17.5.9 Immediately following applying topper the Contractor shall coordinate with the
Irrigation Consultant to program irrigation controllers to irrigate the seeded areas.
The irrigation programs shall be set to maximize germination of seed. Once the
renovation process is complete, the Irrigation Consultant shall retake control of the
irrigation programming.
17.6 Overseeding Germination Guarantee
17.6.1 The Contractor shall guarantee 100% uniform germination within 10 weeks from
the time the first application of seed or will sod any thin or bare areas with "thick
cut" (thickest available cut) West Coast Turf Improved Kikuyu during warm season
and West Coast Turf Improved Kikuyu Sod that has been "cropped over" with
perennial rye grass. Renovation must be completed within three months of field
City of Santa Ana RFP 19-093
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Closure. The Director's Representative shall determine the quantity of thick cut sod
needed to achieve 100% coverage.
17.7 Replanting
17.7.1 As turf begins to stress, die back, or become thin in appearance for any reason, the
Contractor shall immediately install thick cut sod (thickest available cut) West
Coast Turf Improved Kikuyu during warn season and West Coast Turf Improved
Kikuyu Sod that has been "cropped over" with perennial rye grass.
apply supplemental water to hydrate the affected area(a). The Contractor shall also
meet with the Irrigation Consultant and coordinate the irrigation programming to
germinate seed. The Contractor shall then overseed these turf areas using Stovers
Seed Company AZI Kikuyugrass (spring/summer) or Stovers Grand Slam FS
(fall/winter) seed at the manufacturer's recommended rate and process. The
Contractor shall use STA approved 1/2" minus compost seed topper at a rate of 35
cubic yards per acre pre mixed with California Organic 6-1-2 Kickstart fertilizer
at a rate of 600 pounds per acre.
17.7.2 Should the Contractor's seed germination effort fail within four (4) weeks of effort,
the Contractor shall install thick cut sod to those turf areas using West Coast Turf
Bandera Bermuda cropped over with perennial rye grass (fall/winter) and West
Coast Turf Bandera Bermuda (spring/summer).
17.7.3 The Contractor understands and accepts that at the beginning of the agreement there
may be existing turf areas that are thin or bare. The Contractor, by entering into
the agreement, shall routinely and at no extra cost to the City, repair thin or bare
turf areas by overseeding or sodding with approved seed or sod until a thick healthy
stand of turf is established.
17.7.4 The Contractor also understands and accepts that park areas are very heavily used,
including increased foot traffic, and other uses and, therefore, acknowledges that
he/she will immediately respond to thin or bare areas in turf without delay.
17.8 Cricket Pitch Special Maintenance
17.8.1 Monthly Rolling of Pitch -- Each month the Contractor shall use a clean 3-5 ton
asphalt roller (tree of asphalt, oil, etc.) to roll the pitch.
17.9 Annual Cricket Pitch Turf Renovation (30'00"
17.9.1 Each year the cricket pitch turf shall be renovated by: 1) sod cutting/removing the
old pitch; 2) topdressing'/" USGA mix by Simplot; 3) applying California Organic
Kickstarf 6-1-2 organic fertilizer at 600 pounds per acre rate; 4)laser grading the
pitch; 4) installing West Coast Sod Bandera Hybrid Bermuda 1-1/4" thick cut sod;
5) rolling the pitch/level by hand and 3-5 ton asphalt roller; and, 6) installing a 6"
chain link construction fence around the pitch to remain until the turf is firmly
rooted.
18 General Contract Provisions
189 Contractor shall provide and is responsible for all equipment necessary to carry out the
work outlined in the contract. There will be no available storage for equipment. Contractor
City of Santa Ana RFP 19-093
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will be responsible for bringing in and then removing all equipment necessary to carry out
the work outlined in the contract.
Contractor Responsibilities:
1.0 GENERAL CONDITIONS
1.1 Defrnitions-
1,1.1 "Director's Representative" shall mean the Executive Director of Parks, Recreation
and Community Services designated representative(s).
1. L2 "SAPRF" shall mean Santa Ana Park and Recreation Facilities.
1. L3 "Pruning" shall mean the practice of removing lateral shrub or tree branches and
may also be referred to as "trimming."
1.1.4 "Weed" shall mean any undesirable or misplaced plant.
1.1.5 "Flardscape" shall mean any resilient surface other than turf or planting beds, such
as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt
pavement, mow strips, bollards, signs, grandstands, benches, picnic tables, drinking
fountains, BBQ's, fencing, railing, tire stops, etc.
1.2 Scheduling of Work -The Contractor shall provide landscape/grounds maintenance
between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may
be modified only with the Director's Representative consent. Landscape/grounds
maintenance that generates excess noise cannot begin before 8:00 a.m.
1.3 The Contractor shall establish schedules of `routine work" to be followed in the
performance of this contract. In addition to the Contractor submitting the Monthly Park
Maintenance Inspector's Inspection Schedule and other required monthly reports, the
Contractor shall submit weekly schedules' listing the work tasks, crew performing the task,
and the projected hours to complete the task. The schedules shall be emailed to Director's
Representative by Thursday at 4:00pm for the upcoming week. Any changes in scheduling
shall be reported in writing 48 hours before the proposed change and must be approved by
the Director's Representative, The schedule shall include days of the week and what
person/crew will be performing specific work in accordance with the specification,
L2 Local Office - The Contractor shall maintain a physical office within the 714 area code
(local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m.
with a company representative present at all times. Answering services or mobile
telephones will not be considered a local office.
1.3 Emergency Response — The Contractor shall have an emergency "Stand-by" staff person
assigned to respond to urgent calls after hours. The Contractor shall have the capability to
answer calls immediately and respond to after-hours service within one (1) hour from the
time the call is made.
1.4 Extra Work or Outside the Scope of Work -Damage or malfunction to site amenities, plant
material or irrigation system equipment by any of the following may be considered outside
the scope of this Agreement unless otherwise specified herein:
-Acts of God
-Civil Disorder
-Vehicle Collision (excluding Contractor and its employees and subs)
City of Santa Ana RFP 19-093
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-Excavation or Re -surfacing of the Street
-Power Failures
-Underground Wiring Damage
-Extra Work Requested by the Director's Representative
Contractor will not be considered responsible for replacement. Contractor must prove to
the satisfaction of Director's Representative that one of the above occurred in order to be
excused from performing under the Agreement.
Extra Work or Outside the Scope of Work -Damage (a.k.a. Extra Work) shall be
compensated:
i Labor- 25% above prevailing wage
ii Materials- 15% above retail contractors cost
ii Equip Rear-15% above contractor's cost
All Extra Work or Outside the Scope of Work -Damage work shall be performed by
Contractor's staff other than the routine maintenance staff assigned to the contract. Any
staff routine maintenance Contractor's staff discovered performing Scope of Work -
Damage work shall not be charged as Extra Work.
2.0 UNIFORMS AND VEHICLES IDENTIFICATION
2.1 The Contractor shall provide to all field personnel a standard uniform including but not
limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests
and ANSI approved safety shoes. All uniforms will be marked by patch, silk screen or
embroidery with the company name and logo or other form of identification.
2.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging
to the Contractor, well maintained, in excellent working condition, be clean in appearance
and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have
the company's name, contractor's license number and contact information clearly
identified on both sides and the rear of the vehicle.
2.3 The Director's Representative reserves the right to direct the Contractor to remove an
employee or piece of equipment for not meethig high maintenance and appearance
standards.
3.0 SAFETY REQUIREMENTS
3.1 All work performed under this contract shall be completed with maximum safety as the
priority above all other requirements. The Contractor shall be incompliance with his/her
companies City approved Illness and Injury Prevention Program and all Federal, State and
Local OSHA requirements, laws and regulations.
3.2 All work performed under this contract shall be performed in strict compliance with all
federal, state and local safety laws, regulations or other authoritative mandates that protect
workers and the general public, including but not limited to, excavation/trenching/shoring,
blood borne pathogens, hazardous waste identification and transport and pesticide use and
reporting.
YCity of Santa Ana RFP 19-093
Page 24
3.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's
Representative may at his discretion order the Contractor to stop performing and pay all
costs and or damages resulting from the delay.
3.4 The Contractor shall perform all safety training required by OSHA, CalOSHA and any and
all authoritative government entities having authority over required safety training.
3.5 In addition, the Contractor shall submit to the Director's Representative each year upon
renewal of the agreement his/her updated Illness and Injury Prevention Plan which shall
include the annual OSHA safety training schedule and update OSHA safety training
records and employee safety training certificates. All OSHA Training shall be performed
by a certified OSHA Trainer.
4.0 SAFETY NOTIFICATION
4.1 If Contractor identities a potential safety issue, Contractor shall:
4.1.1 Notify the public that potentially unsafe conditions exist by installing yellow
"Caution Tape" and "A" frame barricades or equal substitute around the condition.
4.1.2 Notify the Director's Representative of the condition first by phone and then in
writing (c-mail is acceptable) including digital photographs of the potential safety
concern. Once the Contractor has notified the City and the public of the condition,
as specified above, Contractor shall have no further responsibility regarding the
condition.
5.0 UNDERGROUND ALERT SYSTEMS
5.1 Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48-
hours in advance prior to any excavation work.
6.0 PROPERTY DAMAGE
6.1 Any damage to private property caused by Contractor shall be immediately reported to the
property owner. Contractors shall pay for any damage caused to private property in
performing this agreement.
7.0 ACCESS TO PRIVATE PROPERTY
7.1 Prior to any work involving private property, the Contactor shall notify the City of the
proposed work and obtain all necessary permits and/or consent required from City and/or
property owner
8.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
8.1 The Contractor shall protect City and/or private property adjacent to work areas including
sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls,
sidewalks, street paving, etc., located on either public or private property. Contractor shall,
at its expense, replace any property that is removed or damaged, other than property pre -
approved for removal. Contractor shall abide by the City's "Policy for Driving on Park
Property" (See Attachment 4).
City of Santa Ana RFP 19-093
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9.0 TRAFFIC CONTROL
9.1 The Contractor will not interrupt traffic flow on City streets without obtaining a no -fee
permit from the City, Prior to performing maintenance activities where Contactor
employees work immediately adjacent City vehicular lanes or any other situation covered
under the California MUTCD, the Contractor shall implement no -fee permitted City
approved traffic safety plans to protect the health and welfare of its employees and the
general public prior to commencement of the agreement,
10.0 MONTHLY REPORTS
10.1 Prior to the first of each month the Contractor shall submit to the Director's Representative
for approval:
10.1.1 The Excel Park Maintenance Inspector's Inspection Schedule including a detailed
annual, monthly, weekly and daily work schedules consistent with task frequencies
in Exhibit A;
10. L2 A copy of certified payroll sent to the Department of Industrial Relations on the
required format/forms of employees assigned to the contract areas;
10.1.3 An updated organizational chart, or equal, listing the names, titles, schedules and
number of Pull -Time Equivalent (FTE'e) assignments of all persons working in the
contract areas;
10. L4 Invoices and packing slips of name, type and quantities of commodities purchased;
10. LS Green Waste recycling report including tonnage and name/location of the green
waste recycling plant.
The information contained in the above referenced documents shall be updated with any
new information as changes occur. The Director's Representative shall be immediately
notified of any changes to the above information.
Failure to submit a report by the first of each month shall result in a fine of $100.00 per
day for each report submitted late.
11.0 WATER CONSERVATION & PROGRAMMING OF CONTROLLERS
11.1 The City shall be responsible for programming irrigation controllers and conserving water.
The Contractor shall be responsible for all repairs to lateral lines, rotors/heads/fittings. _
12.0 SPECIFICATIONS INTERPRETATION
12.1 The intent of these specifications is known by the City of Santa Ana and SAPRF. Any
questions relating to the interpretation of these specifications must be addressed, in writing,
prior to the start of work. The Contractor agrees that interpretations of this contract after
the start of work are at the sole discretion of the Director's Representative, and the
Contractor shall abide by all such interpretations
13.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
t3.1 The Contractor shall exercise due care in protecting from damage all existing facilities,
structures, and utilities, both above surface and underground on the City's property. Any
City of Santa Ana RFP 19-093
Page 26
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 SAPRR The City of Santa Ana and/or Director's
Representative shall make the determination of fault. The Director's Representative
reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair
any damage, within twenty-four (24) hours of the damage incurred.
13.2 If the Directors Representative requests or directs the Contractor to perform work in a given
area, it will be the Contractor's responsibility to verify and locate any underground systems
(i.e, utility lines) and take responsibility for taking reasonable precaution when working in
these areas.
13.3 Contractor shall call Underground Alert (800) 422-4133) at least two working days prior
to digging for line locations. Any damage or problems shall be reported immediately to
the Director's Representative and the City of Santa Ana. If the Contractor discovers
something unexpected or a unique problem occurs, lie should stop work and immediately
contact an authorized Director's Representative for a timely resolution of the problem.
14.0 SUBSTITUTIONS
14.1 Whenever a specific type of material is specified, no substitutions shall be allowed without
written consent of the SAPRF representative.
15.0 CERTIFICATION & APPLICATION OF MATERIALS
15.1 All materials shall be delivered on the site in original containers. Materials shall be subject
to inspection by the Director's Representative. The Director's Representative will not
approve materials not meeting the SAPRF standards, and Contractor shall return any such
non -satisfactory items at his/her cost.
15.2 No materials shall be applied prior to the Director's Representative verifying the specified
quantities of materials. Furthermore, should the Contractor apply materials before the
Director's Representative verifies correct materials and quantities, the Contractor shall not
receive credit for the applied materials. The Contractor shall then reorder and deliver the
materials, thereby not receiving credit for the applied materials.
16.0 CONTRACTOR NEGLECT
16.1 Any damage to the City of Santa Ana, SAPRF, or private property, which has been
determined to be due to the Contractor's neglect, shall be corrected at no additional cost to
the City of Santa Ana or the SAPRF.
17.0 CONSTRUCTION EQUIPMENT
17.1 The Contractor shall take all necessary precautions for safe operation of his equipment and
the protection of the public from injury and damage from such equipment.
18.0 SOUND CONTROL REQUIREMENTS
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Page 27
18,1 The Contractor shall comply with all local sound control and noise level rules, regulations
and ordinances that apply to any work performed pursuant to the Contract. Each internal
combustion engine used for any purpose on thejob or related to the job shall be equipped
with a muffler of a type recommended by the manufacturer of such equipment. No internal
combustion engine shall be operated on the project without said muffler. Full
compensation for conforming to the requirements of this section shall be considered as
included in the prices paid for the various contract items of work involved and no additional
compensation will be allowed therefore, Sounds, such as loud music, that are not related
to the project, shall be kept at levels so as to not disturb the general public.
19.0 INQUIRIES AND COMPLAINTS
19.1 The Contractor shall maintain an office at some fixed place and shall maintain a telephone
thereat, listed in the telephone directory in his own name or in the firm name by which he
is most commonly known. Furthermore, the Contractor shall, at all times, have some
responsible person(s), employed by the Contractor, to take the necessary action regarding
all inquiries and complaints that may be received from the City of Santa Ana, Director's
Representative, and/or private citizens during normal working hours.
Whenever immediate action is required to prevent impending injury, death or property
damage to the facilities being maintained, the Director's Representative may, after
reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF
work force. All costs of any such action shall be charged against the Contractor, or the
Director's Representative may deduct such cost from any amount due to Contractor.
All complaints shall be abated as soon as possible after notification, to the satisfaction of
the City of Santa Ana and/or Director's Representative. If any complaint is not abated
within a reasonable time, the Director's Representative shall be notified immediately of the
reason for not abating the complaint followed by a written report to the Director's
Representative within five (5) days. If the complaints are not abated within the time
specified or to the satisfaction of the Director's Representative, the Director's
Representative may correct the specific complaint and the total cost incurred by the SAPRF
will be deducted and forfeit from the payments owing to the Contractor from the SAPRF.
Such cost shall include all SAPRF staff time required to resolve the problem and
appropriate overhead charges
20.0 NOTIFICATION OF LOCATIONS OF WORK
20.1 The Contractor shall notify the Director's Representative when the contractor's crews will
be working within the SAPRF. Said notifications will be made on a daily basis by
telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks
work locations.
2t.0 WORKFORCE
21.1 The Director's Representative may evaluate each of the Contractor's staff and if he/she
finds that a Contractors employee or sub -contractor's employee is not performing to the
satisfaction of the Director's Representative, the Director's Representative shall require the
Contractor to remove the employee from work sites at his or her discretion within 24 hours
of written notice.
City of Santa Ana RFP 19-093
Page 28
22.0 MATERIALS
22.1 The Director's Representative shall approve or reject all materials delivered to the work
site. In addition, the Contractor shall not apply any materials until the Director's
Representative inspects the materials to confirm they are correct per specifications. Note
that the Director's Representative may stay at the work site to confirm that all materials
are applied correctly and in the quantities specified. Materials applied by the Contractor
prior to the Director's Representative inspecting the materials shall be considered not
applied. Therefore, the Contractor shall not be given credit towards the quantity of the
specified material required to be applied by the specification. The Contractor shall then be
required to deliver the specified quantity of material to the work site and, following the
Director's Representatives approval, apply the materials in the presence of the Director's
Representative:
Prior to the application or use of any materials the Contractor shall submit to the Director's
Representative a minimum 48 hours before delivery to the work site a list of all materials
and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall
include the name of the product, the products specifications, and the quantity of materials,
prescribed method of use/application, Material Safety Data Sheets and chemical analysis
where applicable, recommended usage and any other manufacturer's data that may be
pertinent. The list must be submitted before any materials/chemicals are used pursuant to
this Agreement.
22.1.1 The materials and chemicals utilized in furtherance of this Agreement shall comply
with the following standards:
All fertilizers shall be complete, furnishing the required percentage of nitrogen,
phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy
and vigorous growing condition.
Pesticides including but not limited to: Insecticides, fungicides, herbicides,
algaecides, aviacides, and rodenticides shall be of the best quality obtainable and
available on the market, properly labeled with guaranteed analysis, and brought to
the job site in the manufacturer's original container.
Materials shall as specified herein, matching those existing at the work site, or as
specified by the Director's Representative.
22.1.2 All materials delivered to the site shall be accompanied by a packing slip or other
form from the vendor indicating the specific conunodity delivered and the quantity.
23.0 'TRASH DISPOSAL, AND RECYCLING
23,1 All organic waste (including leaves, grass clippings, brush, branches, and tree parts)
resulting from work performed under this contract shall be disposed of pursuant to the
requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot
be taken to a landfill. Every month, the Contractor shall submit receipts from licensed
composters/green waste recycling facilities, to the Director listing the tons of organic waste
recycled and the names and addresses of the composting or processing companies.
23.2 As an alternative, the City may allow Contractor to dispose of green waste and trash in bins
City of Santa Ana RFP 19-093
Page 29
provided by the City. The City will determine the amount of green waste and trash allowed
to be dumped in these bins based on historical amounts. Any additional disposal Fees must
be paid by Contractor. At no time wilt the contractor be allowed to dispose of trash or
green waste that was not collected as part of this contract. If the City finds that the
contractor is disposing of trash from other contracts, the City will discontinue this service
for the contractor and the contractor will be required to pay for their own trash service.
24.0 PREVAILING WAGE DETERMINATION
General prevailing wage determination made by the Director of Industrial Relations pursuant to
California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 is:
CRAFT: ## LANDSCAPE MAINTENANCE LABORER
DETERMINATION: SC-LML-2019-1
ISSUE DATE: February 22, 2019
EXPIRATION DATE OF DETERMINATION: March 31, 2019* Effective until superseded by a
new termination issued by the Director of Industrial Relations,
City Responsibilities
LO 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
accepUreject 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, mariner of performance, completion per schedule, acceptable fulfillment of
the Agreement by the Contractor, interpretation of the specifications, and compensation, including
completion of work by alternate sources.
City of Santa Ana RFP 19-093
Page 30
EXFIIBIT B
FEES/COSTS
#2104 i
APPENDIX
A"TTACHMENT 3-5, FEE SCHEDULE
____ CERTIFICATIONS
CITY' OP SANT AANA REQUEST -FOR P-ROPOSAL,S 1
IN -FIELD BALI., DIAMOND MAINTENANCE
REP NO.; I9-093
k"Pricing information for each site should be as accurate as possible, Based on funding availability, the City may
remove a site from the scope of work without affecting pricing for other sites.
DISTRICT 1
ANNUAL AMOUNT
El Salvador Park
538,052.00
Riverview Park
S41,930.00
Rosita Park
SI 1,132.00 M
TOTAL
S91,114.00
DISTRICT 2
Not Applicable
ANNUAL AMOUNT
Cabrillo Park
fir,\
Morrison Park
N/A
Portola Park
NrA_�._
Santiago Park
N/A
TOTAL
NIA^ ^
CWT7ER
DAY OF
SERVICE
PER WEEK
FOR A
YEAR*
51,872.00
$1.872.00 ,
S2.0 ---^j)80,Af�lO
S5,824
COST PER
DAY OF
SERVICE
PER WEEK
FOR A
YEAR'
NIA
NIA
MA
DISTRICT
1
ANNUALAMOUNT
I Delhi Park
S4,372.00
Madison Park
Memorial Park
S20,328.00
S49,522.00
TOTAL
S74,182.00-�
COST PER
DAY OF
SERVICE
PER WEEK
FOR A
YEAR'_
S2.080Z
S I,R72.00
52,600.00
. 56,552.00
COST PER
DAY OF
SERVICE
PER WEEK
FOR A
YEAR'
52,080,00
SI,a7z.00
S2,090.00
S2,600.00
S 1,8'2,00
5d,080no
S12,584.00
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I
have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing
conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any
errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
DISTRICT 4
ANNUAL AMOUNT
Adams Park
S11,132.00
Centennial Park
S34,248.00 _mm_
Heritage Park
S4,332.00
Jerome Park ._
S33,430.00
Thornton Park
S74A30.00 e.._
Windsor Park
S10,932:00
IOTA.
S 128,910.00
Proposal Item Price - Provide costs for in -field ball diamond maintenance. Fee must be inclusive of all costs, including but
not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. The proposer
warrants that the prices, terms and conditioned quoted will be valid for a period of 11-0 days from the date the proposal is
due, in order to allow time to award an agreement.
David R. Johnson
Name of Authorized Agent
Authorized Agent
V3119
Date
City of Santa Ana RFP 19-093
Page 46
Premdent
A`� b® CERTIFICATE OF LIABILITY INSURANCE
DATE1/7M/ 020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT NAME: Paul Romero
ROMERO INSURANCE AGENCY
ONE IF
A/C No Ext: 8U5-582-4655 (AIC, No):
ADDRESS: romeroins@aoLcom
1197 E. LOS ANGELES AVE. UNIT C199
INSURER(S) AFFORDING COVERAGE
NAIC If
SIMI VALLEY CA 93065
INSURER A: SCOTTSDALE INSURANCE CO.
INSURED
INSURER B : CALIFORNIA AUTOMOBILE INS. CO
MAJOR LEAGUE INFIELDS INC
INSURER C : IC W GROUP
508 E. CHAPMAN AVE
INSURER D:
INSURER E
El
FULLERTON CA 92832-2015
1 INSURER F:
COVERAGES CERTIFICATE NUMBER: RFVISION MIIMRER-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
INSD
WVD
POLICY NUMBER
MMIDDIYYYY
N1MIDDIYYyf
LIMITS
x
COMMERCIAL GENERALLIABILITY
CLAIMS -MADE OCCUR
EACH OCCURRENCE
$ 2,000,000
PREMISES Ea occurrence
$ 100,000
MED EXP (Any one person)
$ 5,000
PERSONAL &ADV INJURY
$ 2,000,000
A
Y
Y
CPS3179689
07/1/19
07/01/20
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY F—�JECOT F-1LOC
GENERALAGGREGATE
$ 3,000,000
PRODUCTS - COMPIOP AGG
$ 3,000,000
$
OTHER:
Ea accidentBODILY
$ 1000000
INJURY(Per person)
$
BSCHEDULEDY
RIABILITY
LY AUTOS
BA040000025174
12/22/2019
12/22/2020
BODILY INJURY Per accident
( �NON-OWNEDLY
$
AUTOS ONLY
Per accitlent
$
UMBRELLA LIAR
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAB
CLAIMS -MADE
DED
I I RETENTION$
$
C
ORKERS COMPENSATION
ND EMPLOYERS' LIABILITY YIN
IFEFICEWMEM ER EXCLUDED? ECUTIVE ❑
NIA
wsnsoas7ozol
o1/olno
m/ovzl
V
/� STATUTE ER
E.L. EACH ACCIDENT
$ 1,000,000v
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
Mandatary In NH)
If yes, describe under
ESCRIPTION OF OPERATIONS below
E.L. DISEASE- POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional earmarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO THE OPERATIONS OF THE NAMED INSURED. WITH RESPECT TO CLAIMS
ARISING OUT OF THE OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED, SUCH INSURANCE AS IS AFFORDED BY THIS POLICY IS
PRIMARY AND NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL
INSURED. 10 DAY NOTICE FOR NON PAYMENT OF PREMIUM. 30 D Y PRIOR WRITTEN NOTICE OF CANCELLATION
L)
RENtIEWMED & ANAQFMPPRpVO
By RNk
CITY
20 CIVIOCENTER PLAZA, 4TH FLOOR
SANTA ANA, CA 92702
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
1THORIMD REPRESENTATIVE
Paul Row IIJ o-
tcc 1gRR_2n1s ArnRnrnQpnoATlnN en.i..lhf.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
PERFORMANCE BOND
Form to be used when Bonding Only One Year
of a multi -year contract
(Page 1 of 2)
Bond No. 64941203
KNOW ALL MEN BY THESE PRESENTS: That Ma for league In£i e' d -nc
(hereinafter called Principal) as Principal, and _ destern_ sure_._y company_____
a corporation duly organized under the laws of the state Of south Dakota
and duly authorized and licensed to do business in the state of California
(hereinafter called Surety), as Surety, are held and firmly bound unto_
City of Santa Ana
(hereinafter called the Obligee), as Obligee, in the full and just sum of_ Two Hund _ Rd Ninety -Four
Thousand Two Hundred Six and 00!' l o0 Dollars ($ $294, 206. 00 )
to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their and
each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the above bounden Principal has entered into a certain written contract with the above
mentioned Obligee dated for RFP No: 19-093 In -Field Ball
_Diamond Maintenance _Di-Stx_ct=_k 4
for a period of years which contract is hereby referred to and made a part hereof as fully and
to the same extent as if copied at length herein, and
WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a
period of only one year.
NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmless
the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null
and void; otherwise it shall remain in full force and effect.
Form 1`6612-6-2017
Signed and sealed this 1st day of F bl-ua -- , 2020
Major Leaq_ue Infields inc.
(Pr"ncipal)
By.
PERFORMANCE BOND
(Page 2 of 2)
PROVIDED, HOWEVER, that this bond is subject to the following conditions and provisions:
1. This bond is for the term beginning_ February i 202c and ending January 31 2021
2. In the event of default by the Principal in performance of the contract during the term of this bond the Surety
shall be liable only for the loss to the Obligee for actual excess costs of performance of the contract up to the
expiration of the term of this bond and in no event shall the liability of the Surety exceed the penal sum stated
in this bond.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be instituted or maintained against
the Surety under this instrument unless same be brought or instituted and process served upon the Surety
within one year after the expiration of the term of this bond.
4. Neither non -renewal by the Surety, nor failure, nor inability of the Principal to file a performance bond for
subsequent terms under said contract shall constitute loss to the Obligee recoverable under this bond.
5. The bond may be extended for additional terms at the option of the Surety, by continuation certificate
executed by the Surety and the Principal but regardless of the number of extensions for additional terms and
the number of premiums which shall be payable or paid, the liability of the Surety hereunder shall not be
cumulative from year to year nor period to period.
& No right of action shall accrue on this bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors, administrators or successors of the Obligee.
3
Western Surety Company
(Surety)
By:
JAhiIE RUTH F SIO S, Attorney -in Fact
COHEN
%My
Western Surety Company
PAYMENT BOND
ANNUAL BOND FOR A MULTI -YEAR CONTRACT
Bond No. 64941203
KNOW ALL MEN BY THESE PRESENTS, That we, Major League Infields Inc.
Of Fullerton Calirarnia (hereinafter called the Principal), and
We --stern Surety_Company (hereinafter called the Surety),
are held and firmly bound unto it V of Santa xna
(hereinafter called the Obligee), in the full and just sum of Two xunarea u;.r etv Four Thousand zwo
Hundred ��x and OOf't Q6 Dollars($ 294,206.00 }
to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their
heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the above bounden Principal has entered into a certain written contract with the above
mentioned Obl(gE-e_.dateSl.-----_---__--_--_---------_---..--for_RFP No: 19-093 In -Field Ball
—___________.____---------------------
Diamond Maintenance District 3 & 4
for a period of ' years which contract is hereby referred to and made a part hereof as fully and
to the same extent as if copied at length herein, and
Provided, however, that this bond is subject to the following conditions and provisions:
1. This bond is for the term beginning_Fe_rua y 1, _2020_ and ending______ 01/31/2021_
2. No claim, action, suit or proceeding, except as hereinafter set forth; shall be had or maintained against
the Surety on this instrument unless the some be brought or instituted and process served upon the
Surety within one year of the date upon which the person shall have last performed actual work or
delivered materials to the project.
3. The total amount of the Surety's liability under this bond shall in no event exceed the penal sum hereof.
4- The bond may be extended for additional terms at the option of the Surety, by continuation certificate
executed by the Surety -
Signed and sealed this 1st day of Feruary 2020
CORGORgTF� _
SEAL
Major Ze 4sle Infields Inc. "
Western Surety Company
_..rlhf- ,
Attorney in Fact Jlr Rtl .tH F'PSIuN C ,HEN -
Form F6362-11-2017
Acknowledgment of Principal
GXI Acknowledgment of Surety (Attorney -in -Fact)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATEOF
COUNTY OF o.ran e
On JanUnRv d(0 aoaa before me, 1)w ►I ryJ� IVJ)LIRy /t{/J�l
date here insert name and title of the offices
personally appeared Jamie Ruth Pasion Cohen
narne(s) of signer(s)
who proved to me on the basis of satisfactory evidence to be the person(O whose name( is/sue subscribed
to the within instrument and acknowledged to me that he/she%kkey-executed the same in l4s/herltkie4-
authorized capacity, and that by 4hMier/tketrr signature(a) on the instrument the person(.ei, or the
entity upon behalf of which the person(�6 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that, the foregoing
paragraph is true and correct.
(The balance of this page is intentionally left blank.)
Western Surety Company Form 1900-8-2009 0
Western Surety Company
PONVER OF ATTORNEY - CERTIFIED COPY
Bond No. _64941203__------
Bnow All Men By These Presents, that WESTERN SURM Y COMPANY, a corporation duly organized and existing under the laws
of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make,
constitute and appoint JAMIE RUTii Pt'-,SIQN C'OHL;N
Its true and Lawtut attorneys)-fn-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal: Major League Infields Inc.
Obligee: City of Santa Ana
Anmunt: $1.,000,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the
corporate sea] of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact
may do within the above stated ]imitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in. Fact. or agents who shall have authority to issue bonds, policies, or undertakings inthe name of the Company.
The corporate seal is not necessary fee the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
If Bond No. 64941203 1 is not issued an or before midnight of January 31, 2021
authority conferred in this Power of Attorney shall expire and terminate.
Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its
ktMs tat day of February 2020
ry WEST R—SURE Y COMPANY
PaulT rufa Vfec President
CO
ttSi;aa64n'.
On this 1st day of FebruarE, ,in the year 2020 ,before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURbbbbggETYbqCOMPANY and aokwle}dged said instrument to be the voluntary act and deed of said corporation.
}bbbbbbbbbbbbbqbbno
's J. MOHR 'a
8 L NOTARY PUBLIC 'a
SEAL a Notary Public -South Dakota
i SOUTH OAKOTAa
a
}bbhbbVbgbbbb VbbVVgbVVbq }
My Commission ENpires June 23, 2021
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section. 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in farce.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Caanpanv this
20-101st day of
WEST SURE COMPANY
7
Paid T. radlat Vice President
To validate bond authenticity, go to n,w .enasuretv,com > ocryner/6bHgee Services > Validate Bond Coverage,
Form F530610-2017
Francine R. Digitally signed by Francine R.
Villareal
Villareal Date: 2022.02.02 14 30 12 -08'00'
BILITY INSURANCE
oil
#1111 six"
!jj!"ertfficate doest not confew y1uhts to
PROOKER
CONTAul
NAME
Po Rd Ronnvo
RON41',90 INSURANCE AGENCY
4pi" �NOFXI
197L [A)SANG11,11,ES AVE,, UNII C, I W
AZDRES&
FDMKTOUIS�20.,,no� umn
SIMI VAI I EY
CA 93065
WSUREP A
SCOjrpY DALE DNURANCT Co
NSUPED
tNsApi n
CALIFORNIA AUTONIOWLE 1NS, (1)
MAJOR LFAGuE INI LFLDS INC!
WSVRFFAC�
�("W(A�OUP
508V (I'LINJIMANAVE
L11S
11,11YRTON
CA 92832-2M5
INSURFIR F,
THK> 15 TO CERTIFY THAT THE POLCIES Or INSURANCE UST BELOW HAVE BEEN fSSUED TO THE INSRJIIED NAMED ASOVE.FOP THE POLbGY PEMOU
0400CATED NOTWM4STA1`dDING ANY REQUIREMENT, TEEM OR CONDTION OF, ANY GOCFTRACI'Orl GTHER DOCUMENT W11F-f RESPEC11"01 VOIllraB Ti HU�
CEPTWCATE MAY BE ISSUED OR MAY Pr-RTAlN,n-iE INSURANCE AFFORDED BY THE POLlCIIES DESCRIBED HERE IS SURMECTTO A1,L THETERMS,
EXGLUSIONS AN'D GONDMONF, OF SUCH POLICAES. LMO'S SHOWN MAY -JAVE BEEN SEDUCED BY RAM C'LAIIMS
--mar -M� M woomy'n-1 (M4�56�iY y
TYPE OF INSURANCE POAXY NUMBF11 -7-00, -7 7 LIMITS
CLAIMS MADE 191 (X1CjJH
A
V
Y
CPS7392715
GENL AGGRECIATE LPW1 APPIJES FICK
-�— Poucy EITECOT. El Loc
E
OrHER
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C'ER TIF I GA TF. I 101, IN R IS NAM 11 D A S A ED f'I 10 NAL IN S I J R I W A S Rb,SP 11' (Ts, ro -n I f,,L,, 0 PER ATION S OF 111 F' N ANIF D IN S t ) R LD W 11111 It E S P E C'I" I' ( Ji C (.AINTS
A R I S IN G DU T (JIB 71111" 0 PE RA'11 ON S P 1"", RF0 R M ED BY 0 R 0 N B E14A L F OF 14 IE NAMJD UPXM�r INS, SLI( If INSITANCE AS IS AFFORDLI) 13Y 1111S P01-1c, y , IS
PRIMARY AND NOTADDITIONAL TO OR CON: FRIBfJTfNG "A'(111 ANY OTHER Ir NStJRAN(`8'CARR1L'D BY OR FOR'r1r1h BE'NEFIT OF111EA DDII IONAL
INSI)RED 110 DAYN0710E FOR NON PAYNIEN`fOFPPLM)UM
(TY)" Of, SANTA ANA RISK MANA6LMFN'I DI%qSI0N
2'.0 CIVICCENTER PLA/ A, 4111 FLOOR
S "ANI A ANA, CA 92702
ZEMEEMM
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RAMwagmedDMsiun
Jy? N,REVIEWED & APPROVED BY.-
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Risk PjanagementAnalyst
ENDORSEMENT
SCOTTSDALE INSURANCE, COMPANYO NO.
ATTACHED TO AND
E
FORMING A OF NDORSEMENT - FFFCTTVF DATE
NAMED INSURED AGE -A T NO,
PA71 r12:01 A.W TAWARD
POLICY NUMBER
cPS � 3 1) 27 3 5 07 / 0 1 / 2 0 2 1 MAJOR LEAGUE INFIELDZ INC. 04032
I 11111 I RM01 I 10031MMU
This endorsement mocilfies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Wl0i respect to this endorsement, SECTION 11—WHO IS
AN INSURED is amended to include as an additional in-
sured any person or organization whom you are required to
add as an additional insured on this policy under a written
contract, written agreement or written permit which must be:
a, Currently In effect or becoming effective during
the term of the policy: and
b. Executed prior to the "bodily injury,' "property
damage,," or 'pemonal and advertising injury."
The insurance provided to these additional insureds is lim-
ited as follows:�
1. That person or organization is an additional insured
only with respect to liability for 'bodily injury,"
.property damage' or *personal and advertising
injury" caused, in whole or in part, by:
a. Your acts or emissions*, or
b. The acts or emissions of those acting on your
behalf.
A person's or organization's status as an addi-
tional insured under this endorsement ends when
your operations for that additional insured are
completed,
a. All work, including materials, parts or eq0p-
ment furnished in connection with such wark,
on, the project (other than servir4i, mainte-
nance or repairs) to be performed by or on
behalf of the additional insured(s) at the loca-
tion of the covered operatloris has been com-
pletedor
b. That portion of "your work" out of which, the In-
jury or damage arises has been put to its in-
tended use by any person or organization
other than another contractor or subcontrac,
for engaged in performing operations for a
principal as a part of the same project,
3. The limits of insurance applicable to the additional
insured are those specified in the written contract,
written agreement or written permit or in the Decla-
rations for this policy, whichever is less These Iiim-
its of insurance are inclusive of, and not in addition
to, the Limits of Insurance shown In the Declara-
tions for this policy,
4. Coverage is not provided for "bodily injury,'
"property damage,"or 'personal and advertising
injury" arising out of the sole negligence of the
additional insured.
2. With respect to the insurance afforded to these 5. The insurance provided to the additional insured
addltjonal insureds, the following exclusions are does riot apply to 'bodily injury," °property damage,"
added to item 2. Exclusions of SECTION' I— or "personal and advertising injury' arising out of
COVERAGES: an architect's, engineer's or surveyor's rendering
of or failure to render any professional services
This insurance does not apply to "bodily injury," incjucling�
"property darnage" or 'p,ersonal and advertising
injury," occurring after:
Indude-i Copyrighted matedil of ISO Prolx.vves, Ina., with ks PPTMi8q66n
Copyright, ISO Properties, Wlnc_ 2004
GLS-150s (7-06)
Page I of 2
Risk MmRgmerdDMsiun
K�q REVIEWED & APPROVED BY.-
F04c"�" Z vk"
AN371F M
RtWjanagernentftaly5t
a, The preparing, approving or failing to prepare
or approve maps, shop drawings, opinions, re-
ports, stirveys, fieW orders, change orders or
drawings and specifications; arid
b. Supervisory, inspection, archite(Auraf or engi-
neering activittos.
6Any coverage provided hereunder wfli be excess
over any other vilid and collectible insurance avail.-
abile to the additional insured whether primary, ex-
cess, conlingent or on any other basis unless a
written contract specificaRy requires that this linsuir-
ance be prknary.
When this insurance is excess, we wail have rare du-
ty under SECTION 1--COVERAGES to defend the
additional insured against any "suit" if any other 'in-
surer has a duty to defend the ad(.fiflonai pnsurerl
agairist that "Suit," If 110 0-ter insurer defends, we
will undertake to do so, bLA w�e will be Prititled io the
additional insured's rights agairis� ail those other
insured-'
AUl 11-IOR I ZED REPRI-SEWATNE DATE.
includm cc pyrighied rruiWnal of 180 Properfies, Inc with its permission,
Cllor,y6gM, ISO Properties, Inc- 2004
Gi S- 150S (7 -04J') P�sgo 2 ot 2
cF RAMwagmedDMsiun
Jy? �k�q REVIEWED & APPROVED BY.-
F04c"�" P, vk"
Risk PjanagementAnalyst
COMMERCIAL GENERAL UAMLITY
CCU 20 01 12 19
This endorsement n uxffms insurance provdad under the folilowingi�
(110IMMERUAL. GENERAL LIABILITY COVERAGE PART
LIQLJOR IJABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERAflONS LIAMLIW COVERAG E PART
The fc,Hoylvinig is added to the Other Insuranca
Condftn M)d SUperseldes any provlsion to the
Primary And Noncontributory Inslurance
1]-6s insliNmnca is pmary W and NvM riot seek
contribulbrm frorn any other 0)suranco avaiWNe to
w) aii$flConal insured Undor your poky provided
ffiat:
(1) The addubonal inswed is a Named Ensured
sun ter SUCK other tnsurance� and
CG 20 01 12 19
(2) You havic, agreed On wrAing in a rontract or
agreemant Chat this insurance wotM be
phmary anid wmAd not seek contnbutinn
fiom any offier msurince avaiNiblc to the
adddomA Inswed,
cF Risk MmRgmerdDMsian
REVIEWED & APPROVED BY.-
F04c"�" P, vk"
Risk PjanagementAnalyst
This endorsement modrfies insurance provklecl under the foHowing,
COMMERC',IAL GENERAL LIAWLITY CO'VERAGE PART
ELECTRONIC DAIS MBILITY COVERAGE PART
LQUOR tJAMtJTY COVERAGE PART
POLLU'110N LIA131111TY COVERAGE PARTI)ESIGNATED STES
POLLU Ir 0N LIABILI'ry LIMITED COVE -RAGE PAR"I' LSE GNAT ED SITES
h-"FOD�.JCT,'�'�/COMPI.E'I'EDOPERA] MS LIAMW-Y COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROON"MRAGE TANK F'OLCY DES'lGNATED TANKS
Name Oorson(s) Or OrganWaflon(s):
ANY T C,,N C,,R vqi,TH WH(W 17HE HA,",' AGREED T,) WATVF; ;)F
SfJCE AGREEM]E�NT IS MADE IN WRI'17-91G AND PF10R TC, THE
Wormation ream red to con)Nete this Schedule, if not shown above, Mi be
The Wowng �s added to Paragraph 8, Transfer Of
MghLs Of Recovery Against Others To Us of
Section IV — Conditions.
We "laive 'any nghl of recovery against the person(s)
or orgaMzatuoln(s) shown nn the SchedUe above
beCaUSC of payments we mako under this Coverage
Part Such wa[ver by pus applies only to the extent that
Hie cnsured ha�s wauvod its right of recovery against
SUch piersoin(s,) or organgzauon(s) prior to boss, Thhs
en&',msement applliies only to, the, person(s) or
cirganization(s) showin in life SchedWe above,
CG 214 04 12 19 @ lr�Ulra=o Seivices ()ffice, kic, 20,18 pagle 1 of I
cF Risk MwagmedIDMsian
K�q REVIEWED & APPROVED BY.-
F04c"�" P, vk"
RtWjanagementftalpt
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor
MAJOR LEAGUE INFIELDS INC
Name:
Project
A-2020-004
Number:
Project Agreement to Provide Baseball Diamond Infield Maintenance
Name: Services
The Certificate of Insurance (COI) submitted indicates that the coverages are in
compliance with the insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
POLICY EXPIRATION
TYPE OF INSURANCE COI DATE FILE NAME
NUMBER DATE
Major League
AUTOMOBILE LIABILITY BA040000025174 12/22/2023 01/12/2023
Infields -COI.pdf
Major League
GENERAL LIABILITY AE5122487601 07/01/2024 01/12/2023
Infields -COI.pdf
Professional
Liability
PROFESSIONAL LIABILITY WAIVER 03/28/2024 03/29/2023
Disclaimer - Major
League.pdf
WORKERS COMPENSATION Major League
WSA504570204 01/01/2024 01/12/2023
AND EMPLOYERS' LIABILITY Infields -COI.pdf
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
4/12/2023 5:00 PM