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Home My WebLink AboutItem 15 - Fountain Maintenance Services AgreementParks, Recreation, and Community Services www.santa-ana.org/parks fl Item # 15 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 16, 2021 TOPIC: Fountain Maintenance Services Agreement AGENDA TITLE: Approve an Agreement with Service First Contractors Network dba Service First for Fountain Maintenance Services located at the Downtown Civic Center, including Plaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1 Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional Transportation Center (1 Fountain) (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Service First Contractors Network dba Service First to provide fountain maintenance services in an annual amount not to exceed $106,170, which includes a 20% contingency, for a term from January 1, 2022 through December 31, 2023, with two, one-year renewal options for a total amount not to exceed $424,680, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Through the Civic Center Authority joint powers agreement with the County of Orange, the City of Santa Ana, Parks, Recreation and Community Services Agency (PRCSA) is responsible for providing grounds maintenance services in the Santa Ana Civic Center. As part of the services, there is routine maintenance of the fountains located in the Downtown Civic Center, including Plaza of the Fountains (3), Plaza of the Sun (1), Sasscer Park (1), 2nd Street Mall fountain (1) and the Santa Ana Regional Transportation Center (1). On September 13, 2021, a Request for Proposals (RFPs) was issued to companies to solicit proposals from fountain maintenance vendors to service our Downtown and Civic Center fountains. A summary of the proposal invitations and proposals received is as follows: 472 Vendors were notified 31 Santa Ana vendor was notified Fountain Maintenance Services Agreement November 16, 2021 Page 2 18 Vendors downloaded the request for proposal packet 2 Proposals received 1 Proposal received from a Santa Ana vendor Of the two proposals received, one was considered unresponsive, due to missing documents. An evaluation committee reviewed and rated the proposal according to the criteria listed in the RFP, which includes Statement of Qualifications & References, Manner of Performing Services & Schedule and fee. Service First Contractors Network dba Service First and their bid is responsive to the specifications and all other City requirements. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and made available in the following accounts for the current fiscal year and will be budgeted in the following accounts for future fiscal years, including renewal periods, if exercised. Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description FY 21-22 07413250-62320 Civic Center Civic Center -Regular $47,657 Maintenance Maintenance, Maint. & Repair Bldg. & Ground 02718133-62300 Parking Fund Downtown $1,380 Enhancements, Contract Services -Professional 06717650-62300 Regional PWA-SARTC $3,598 Transportation Operations, Contract Center Services -Professional FY 22-23 07413250-62320 Civic Center Civic Center -Regular $95,313 Maintenance Maintenance, Maint. & Repair Bldg. & Ground 02718133-62300 Parking Fund Downtown $3,662 Enhancements, Contract Services -Professional 06717650-62300 Regional PWA-SARTC $7,195 Transportation Operations, Contract Center Services -Professional FY 23-24 07413250-62320 Civic Center Civic Center -Regular $95,313 Maintenance Maintenance, Maint. & Repair Bldg. & Ground Fountain Maintenance Services Agreement November 16, 2021 Page 3 02718133-62300 Parking Fund Downtown $3,662 Enhancements, Contract Services -Professional 06717650-62300 Regional PWA-SARTC $7,195 Transportation Operations, Contract Center Services -Professional FY 24-25 07413250-62320 Civic Center Civic Center -Regular $95,313 Maintenance Maintenance, Maint. & Repair Bldg. & Ground 02718133-62300 Parking Fund Downtown $3,662 Enhancements, Contract Services -Professional 06717650-62300 Regional PWA-SARTC $7,195 Transportation Operations, Contract Center Services -Professional FY 25-26 07413250-62320 Civic Center Civic Center -Regular $47,656 Maintenance Maintenance, Maint. & Repair Bldg. & Ground 02718133-62300 Parking Fund Downtown $2,282 Enhancements, Contract Services -Professional 06717650-62300 Regional PWA-SARTC $3,597 Transportation Operations, Contract Center Services -Professional EXHIBIT(S) 1. Agreement Submitted By: Lisa Rudloff, Executive Dir. of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager AGREEMENT TO PROVIDE FOUNTAIN MAINTENANCE AND REPAIR SERVICES THIS AGREEMENT is made and entered into this 161h day of November, 2021 by and between Service First Contractors Network dba Service 1st ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). City and Contractor are also referred to as "the Parties." RECITALS A. On September 13, 2021, the City issued Request for Proposal ("RFP") No. 21-102, by which it sought a qualified contractor to provide fountain maintenance and repair services. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-102. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the fountain repair and maintenance services described and set forth in the scope of work that was included in RFP No. 21-102, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The annual amount, including any extension period exercised under Section 3, shall not exceed one - hundred six thousand one -hundred seventy dollars and zero cents ($106,170.00), which includes (1) a base sum of $88,475 and (2) a twenty percent (20%) contingency in the amount of $17,695 for additional services at the City's sole discretion. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed four -hundred twenty-four thousand six -hundred eighty dollars and zero cents ($424,680.00). Page 1 of 10 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on January 1, 2022 and terminate on December 31, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to two (2), one (1) year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and Page 2 of 10 perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including Page 3 of 10 materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. Page 4 of 10 ii. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (S) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor 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 Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that Page 5 of 10 personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor'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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. Page 6 of 10 12. CONFLICT OF INTEREST CLAUSE Contractor 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. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With 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 To Contractor: Service First Attn: Robert Wormus, Account Manager 2510 N. Grand Ave., Ste. 110 Santa Ana, CA 92705 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Page 7 of 10 Contractor 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. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital Page 8 of 10 status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. 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. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager Page 9 of 10 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney sy: 14�andon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL CONTRACTOR Name: Title: Lisa Rudloff Executive Director Parks, Recreation, and Community Services Agency Page 10 of 10 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR FOUNTAIN MAINTENANCE REP NO.: 21-102 Description of Work The Contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation, and supervision, except as specified herein as City furnished, to manage and perform maintenance and minor repairs of the fountains identified below: Fountain Location Service Per Week Plaza of the Fountain # 1 North of State Building 3 Times Plaza of the Fountain #2 East of Law Library 3 Times Plaza of the Fountain #3 South of Law Library 3 Times Plaza of the Sun Fountain Between City Hall and Main Library 3 Times Sasscer Park Fountain Corner of Santa Ana Blvd. and Broadway 3 Times 2"d Street Mall Fountain Between Sycamore St. and Broadway 3 Times Responsibilities Included. Fountain maintenance and repair services covered by this specification include the tasks shown in the table below: Fountain Maintenance & Repair (where applicable work shall be performed routinely per manufacturers specifications) 1 Maintain pumps 2 Maintain pump motors 3 Maintain all plumbing i.e. piping, couplings, and fittings 4 Maintain and utilize chlorine and metering/monitoring equipment* 5 Maintain filters 6 Maintain fountain nozzles free of debris. Replace when spray pattern deviates from intended design 7 Maintain valves Routine Maintenance and Operation To Meet All O.C. Health Department Requirements 8 Test and adjust the chlorine and other chemicals levels in the water. 9 Test the pH level in the water 10 Add acid or soda ash as necessary to adjust pH level 11 Provide all supplies (e.g., chemicals, testers) 12 Replace carbon dioxide gas cylinders when empty and without interruption to system operation 13 Empty strainer(s) (interceptor basket), skimmers and screens 14 Shock treat when required to maintain water free of algae 15 Vacuum and clean fountain 16 Adjust water level 17 Test and replace underwater lights as outages occur. City of Santa Ana RFP 21-102 Page 12 Periodic Maintenance Per Manufacturers Specifications 18 Backwash and operate filter(s) as recommended by the manufacturer. 19 Replace filter medium, if necessary as recommended by the manufacturer. *Note: It is very important and required that the contractor be experienced with the automated chemical controllers and operate the equipment to control the chemicals on a continuous basis. Fountain Structure Routine Maintenance and Repair 20 Repair interior fountain cracks and leaks caused by normal age and wear. Cracks and leaks caused by extraordinary cause, i.e., vandalism, earthquake, do not apply 21 Replace broken or missing skimmer lids and drain covers as necessary. Responsibilities Excluded. Fountain maintenance and repair services covered by this specification exclude the tasks shown in the table below. Tasks Excluded from Fountain Maintenance and Repair Facility Maintenance and Repair 1 Paint interior and exterior of pump/filter room 2 Maintain pump/filter room (e.g., lights, ventilation 3 Repair building electrical components 4 Replace lamps for area and general lighting 5 Repair power panels, switches, outlets, etc. Grounds and Fencing 6 Landscape work 7 Repair fences and gates (including locks) 8 Repair or repaint signs 1. DEFINITIONS Clean. Free from dirt, dust, spots, streaks, stains, smudges, litter, debris, contamination, or residue or impurities, unsoiled, unstained, or recently washed. Director. The Director of Parks, Recreation and Community Services or their designated representative with the authority to enter into, administer, or terminate contracts and to make findings and determinations on behalf of the City. This is the only individual authorized to change a contract or any of the requirements therein. Contractor. The individual, partnership, company, or corporation responsible for the duties and responsibilities under the Agreement. The term also covers requirements for any subcontractor. The Contractor is ultimately responsible for ensuring that all subcontractors comply with the provision of the Agreement. Day. A normal weekday, unless otherwise specified. Deficiency. A shortcoming in the quality or state of service performed. Disinfect. Cleaning in order to destroy any harmful microorganisms by application of an approved chemical agent. Emergency. Any unforeseen circumstance or combination of circumstances that requires immediate action. City of Santa Ana RFP 21-102 Page 13 Environmental Pollution. The condition resulting from the presence of chemical, physical, radiological and/or biological forces that alter the life bio systems, structures, and equipment, recreational opportunity, aesthetics or natural beauty or the environment. Frequency of Service. The following are frequencies and their definitions. Frequently Abbreviation Definition Annual A Services performed once during each 12 month period of the contract Semi -Annual S/A Services performed twice during each 12 month period of the contract at intervals of 160 to 200 calendar days Quarterly Q Services performed four times during each 12-month period of the contract at intervals of 80 to 100 calendar days. Monthly M Services performed 12 times during each 12-month period of the contract at intervals of 28 to 31 calendar days. Weekly W Services performed 52 times during each 12-month contract period at intervals of 6 to 8 calendar days. Twice Weekly 2W Services performed twice a week, such as Monday and Thursday or Tuesday and Friday Daily D Services performed each calendar day, Sunday through Saturday, including holidays unless otherwise noted. Three times 3W Services performed three times a week, such as Monday, Weekly Wednesday, Friday but not consecutive days. Hazardous Waste. Any waste materials that are toxic or poisonous, corrosive, irritating, desensitizing, radioactive, biologically infectious, explosive, or flammable and hat present a significant hazard to human health and the environment. Special handling procedures and disposal facilities are required for their disposal. Minor Repairs. Repairs that are necessary for maintenance of equipment, such as refacing valve seats, and replacing washers. Minor Parts. Repair parts having a per item cost of $25.00 or less. Owner. The person or persons who own a facility or part of a facility. For purposes of the contract, the City is the owner. Periodic Services. Services which are required less frequently than once per billing period. These normally include services which are performed at a frequency or less than once per month, e.g., quarterly or semi- annually. Preventive Maintenance. Work performed by the Contractor to inspect, repair, and keep in proper operating condition all City equipment the Contractor is responsible for maintaining. Recyclable Materials. Materials that normally have been or would be discarded and that may be reused after undergoing some type of physical or chemical processing. Recyclable materials do not include precious metal bearing scrap and those items that may be used again for their original purpose or function without any special processing. City of Santa Ana RFP 21-102 Page 14 Routine Services. Services which are required on a regular basis within each billing period. These normally include services performed at a frequency or at least once per month, e.g., daily or weekly. Work Day. A normal duty day, Sunday through Saturday. 2. FREQUENCY Frequency of "daily" tasks shall be performed at the frequencies identified on Attachment 3-6: Fee Schedule. Contractor shall maintain a set schedule for providing the daily tasks. 3. PERSONNEL 3.1. Project Foreman. Unless the Contractor is available as required herein, the Contractor shall provide a Project Foreman to be available during the normal hours of operation as specified in paragraph C.1.6 to act with full authority for the Contractor. This individual shall be responsible for the supervision, overall administration, and coordination of all required services. The Contractor shall provide the name(s) and telephone number(s) of the Project Foreman(s) within two weeks after contract award date. The Contractor shall provide written notice to the Director in advance of any change of the Project Foreman. The Project Foreman shall be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the terms of the Agreement. The Project Foreman shall return all calls from the Director within two hours. 3.2. Alternate Project Foreman. The Contractor shall designate at least one Alternate Project Foreman to act for the Project Foreman with the same authority during absences of the Project Foreman (e.g., vacation and sick leave). The Contractor shall provide the name(s) and telephone number(s) of the Alternate Project Foreman(s) within two weeks after contract award date. The Contractor shall provide written notice to the Director in advance of any change of Alternate Project Foreman. The Alternate Project Foreman shall be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the terms of the Agreement. 3.3. Contractor Employee Skills Required. The Contractor's employees performing the services required by this Agreement shall have specialized training, prior work experience, or the demonstrated technical skills to fulfill the specific requirements of these Specifications and the Agreement. 3.4. Employee Physical Capabilities. There shall be no discrimination against employees on the basis of handicap or other physically disabling conditions. Contractor shall obey all State and Federal laws concerning the disabled. 3.5. Standards of Conduct for Contractor Personnel. The Contractor shall be responsible for maintaining satisfactory standards of employee competency and conduct and for taking disciplinary action against his employees as necessary. No Contractor employee under the influence of alcohol, drugs, or any other incapacitating agent shall be allowed on the jobsite. The removal from the job site of a Contractor employee shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the work specified in the contract. 3.6. Uniforms. All Contractor personnel shall wear uniforms that are clean and neat and free of wrinkles, tears, holes, frayed edges, spots, stains, body odor, and logos or graphics other than company City of Santa Ana RFP 21-102 Page 15 identification patches. All uniforms should identify the name of the Contractor. Uniforms shall be clearly distinguishable from City employee uniforms. 3.7. Director's Authority. The Director 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. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule, not involving extra cost. When the performance of the work or completion per schedule is determined to be sub -standard, he may (1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay in assessed; and/or (2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 3.8. Subcontractors 3.8.1. Designation of Subcontractors. In accordance with the provisions of Section 4100 and subsequent section of the Government Code concerning the Subletting and Subcontracting Fair Practices Act, bids on public contracts and for all work except the construction, improvement, or repair of streets or highways and bridges shall include a listing of all subcontractors who will perform work or labor or render service to the prime contractor's total bid. This requirement for the listing of subcontractors also extends to that portion of street or highway work involving street lighting and traffic signals as noted in Section 4100.5. The portion of work, which will be done by each such subcontractor, must be listed and only one such subcontractor shall be listed for each portion. 3.8.2. Failure to Specify Subcontractors. If the bidder fails to specify a subcontractor for any portion of the work to be performed under the contract in excess of one-half of one percent of the bidder's total bid, he agrees to perform that portion himself. The successful bidder shall not, without the written consent of the city: 3.8.2.1. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original bid. 3.8.2.2. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the bid. 3.8.2.3. Subcontract any portions of the work after bid is submitted if the cost thereof exceeds one-half of one percent of the total bid and a subcontractor was not designated for the work in the original bid. City of Santa Ana RFP 21-102 Page 16 4. HOURS OF OPERATION 4.1. Normal Hours of Operation. Normal operating hours shall be from 6:30a.m. to 6:00 p.m. Sunday through Saturday. 5. CONSERVATION OF UTILITIES The Contractor shall familiarize himself and require his employees to become familiar and comply with standard operating procedures that comply with conservation regulations. Compliance with Energy Conservation best practice includes: 1. Instructing personnel to conserve energy by turning off unneeded equipment and utilities (including electricity and water). 5.2. Using lights only in areas where work is actually being performed. 5.3. Allowing adjustment of mechanical equipment controls for heating, ventilation, and air conditioning systems only by authorized workers. 5.4. Turning off water faucets or valves after required usage has been accomplished. 5.5. Complying with water bans imposed by local, state, or Federal agencies. 6. SAFETY. All work performed under this contract shall be performed in a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. 6.1. Safety Orientation for Contractor Personnel. The Contractor shall give each new employee performing under this Agreement a safety orientation concerning the hazards and precautions of the job assigned upon starting work. The Contractor shall institute a continual training program to make employees aware of existing hazards and all new hazards relative to work performed under this Agreement. 6.2. Creation of Safety or Health Hazard. If the Contractor performs work in a manner that creates a safety or health hazard to City or Contractor personnel or the general public, the Director may issue an order stopping all or part of the work until the Contractor has taken satisfactory corrective action. No part of the lost time due to such a stop in the work shall be the subject of a claim for extension or for excess costs or damages to the Contractor. 6.3. Protective Equipment. The Contractor shall provide its employees with protection against safety and health hazards by furnishing them with all the protective equipment needed. Such equipment shall be approved for the use intended by the National Institute for Occupational Safety and Health or the American National Standards Institute (ANSI). The Contractor shall post areas that require the wearing of protective clothing or where protective equipment is necessary. 6.4. Material Safety Data Sheets. The Contractor shall submit to the Director or his designated representative Material Safety Data Sheets for all hazardous materials proposed for use in the City of Santa Ana RFP 21-102 Page 17 performance of the contract at least one week prior to actual use. In addition, he shall maintain copies on -site and available for review by his employees and/or the City. 7. ENVIRONMENTAL PROTECTION The Contractor shall comply with all federal, state, and local laws, regulations, and standards regarding the Environmental Protection and Enhancement Program. 8. CONTRACTOR FURNISHED PROPERTY AND SERVICES 1. General. Contractor furnished property and services shall be compatible with existing City systems and equipment as necessary to perform the requirements of the Agreement. The Contractor shall furnish all property and services not specifically identified in Section C.C.4.2 8.2. Security of Contractor Owned Property. The Contractor shall be responsible for the security of Contractor Owned Property. 8.3. Contractor Furnished Equipment. The Contractor shall provide all items necessary for the performance of the contract including the following. 8.3.1. Tools. The Contractor shall provide all tools and repair equipment necessary for maintenance and repair as specified in the Agreement. 8.4. Contractor Furnished Supplies. The Contractor shall furnish all supplies required for his performance under the Agreement, including the following. 8.4.1. Chemicals. The Contractor shall furnish all chemicals and supplies to maintain the water at the prescribed standards of purity and clarity including, but not limited to chlorine (liquid, tablets, granular, or gaseous, depending on the type of dispensing system in use), soda ash, diatomaceous earth, etc. 8.4.2. Test Kits. The Contractor shall furnish test kits for the purpose of monitoring and reporting chemical levels and conditions including but not limited to chlorine levels, pH levels, and alkalinity of the water, etc. 8.4.3. Preventive Maintenance (PM) and Minor Repair Items. The Contractor shall provide all PM and minor repair items including, but not limited to, lubricants, minor parts, fittings, gaskets, bench stock, paint, degreasers, etc. for performance under the contract. 8.4.4. Cleaning Supplies. The Contractor shall furnish cleaning supplies required for performance under the contract. 9. FAILURE TO PERFORM SATISFACTORY 9.1. City Inspection. The Director or his designated representative shall regularly inspect fountains all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. City of Santa Ana RFP 21-102 Page 18 Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per fountain, per day not meeting the specifications during any such inspection. 9.2. Billing Adjustments. The Director may make a billing adjustment in monthly payment for the cost to the City to remedy insufficiencies in service rendered by the Contractor. Billing adjustments for this unsatisfactory service may be permanent retention of 100% of the estimated monthly cost for work that is incomplete or deficient as stated herein. 10. HAZARDS The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Contractor, which is not a result of his operations, shall be immediately reasonably mitigated then reported to the Parks, Recreation & Community Services Agency. 11. ACCESS TO PRIVATE PROPERTY Prior to any work that will restrict access to private property, the Contractor shall notify each affected property owner or responsible person, informing him of the nature of and the approximate duration of the restriction. 12. EMERGENCY SERVICE Twenty-four hours per day, seven days per week, the Contractor shall be able to receive and respond to the City's call for emergency service. Response time shall be less than two hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a local telephone number where Contractor can be contacted twenty-four hours per day, seven days per week. 13. VEHICLE PASSES The Contractor and Contractor personnel shall obtain vehicle passes from The County of Orange Parking Administrator, Public Facilities & Resources Department. 14.24-HOUR CONTACT INFORMATION The Contractor shall provide the Director with a telephone number at which a contact person for the Contractor may be reached 24 hours a day. The contact person shall be required to respond back to the Director or his representative within 1 hour. The contact person shall have the appropriate knowledge and/or authority to take appropriate action in response to any emergency situation that may arise involving the contractor's responsibilities hereunder. 15. DAMAGES 15.1. Responsibility for Work. The Contractor shall be responsible for all damages to people and/or property that occur as a result of the fault or negligence of said Contractor or his employees in connection with the performance of this work. 15.2. Property Damage. Any damage to City property that occurs shall be immediately reported to the Director. The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent turf, groundcover, shrubs or trees as result of the Contractor's negligence for the cost for necessary repair or replacements of the same shall be at the Contractor's expense. City of Santa Ana RFP 21-102 Page 19 EXHIBIT B Service Cover Letter Service First proposes to provide Fountain Maintenance to the City of Santa Ana RFP NO. 21- 102. The following proposal will demonstrate why The City of Santa Ana should choose Service First as the preferred contractor to provide these services. With over 35 years' experience and the majority of staff with 15+ years tenure, Service First has earned the reputation as Southern California's premier Commercial Fountain Service Company. Our proprietary techniques developed over the years have allowed us to provide excellent Fountain Service even in the most extreme environments. The majority of our customer base have been clients for numerous years and prove to be excellent references each time they are called upon. We pride ourselves on providing clean, clear, and safe pools and fountains for the patrons while providing balanced water to ensure the longevity of the pool and fountain equipment and vessel for the owner/operator. Thank you for the opportunity to bid RFP 21-102 Fountain Maintenance. Service First 2510 N Grand Ave st 110 Santa Ana Ca 92705 CA Corporation Robe ormus DATE 2510 N. Grand Avenue, Suite 110 • Santa Ana, California 92705 • (714) 573-2200 • FAX (714) 573-2297 • License #556812 Service IST TABLE OF CONTENTS RFP 21-102 Fountain Maintenance City of Santa Ana 1. Firm and Team Experience............................................................. page 1 II. Listing of resources........................................................................ page 1 III. Schedule.......................................................................................... page 2 IV. Performance Outline/Exhibit A.....................................................page 3 V. Attachment 3-5 references............................................................page 4 VI. Fee Proposal..................................................................................... page 5 VII. List of Subcontractors (attachment 1A).................................... page 6 VIII, BID BOND..........................................................................................page 7-10 IX. Certification Statements a. Attachment 3-1: Non —Collusion Affidavit ............................ page 11 b. Notary for 3-1: Non -Collusion Affidavit .................................. page 12 c. Attachment 3-2: Non -Lobbying Certification ........................ page 13 d. Attachment 3-3: Non -Discrimination Certification...............page 14,15 e. Attachment 3-4: Agreement Statement ............................... page 16 2510 N. Grand Avenue, Suite 110 • Santa Ana, California 92705 • (714) 573-2200 • FAX (714) 573-2297 • License #556912 Service . 'I,- 1�T CITY OF SANTA ANA RFP 21-102 FOUNTAIN MAINTENANCE 1. FIRM AND TEAM EXPERIENCE a. Service First has been in business for 30 years. We have twenty-two (22) fully trained and equipped service technicians, four (4) fully trained and equipped repair technicians, and four (4) field supervisors. In Addition, our management team includes Field Director, General Manager, Account Managers, and Customer Service Reps. b. The Project Manager will be Bob Wormus, bwormus@service-1st.com —714- 788-4589 cell. i. Project Manager- Bob Wormus 1. 29 years experience in aquatic industry (21 years with Service First) 2. CPO Certified/NSPF Instructor 92*10684 3. LA Technician #T5633 ii. General Manager- Rich Rohr 1. 26 years experience in aquatic industry( 19 years with Service First) 2. CPO Certified iii. Repair Supervisor -AI Conde 1. 34 years experience in aquatic industry( 34 years with Service First) 2. CPO Certified 3. LA Tech Certified T1144 iv. Route Supervisor/ Assigned Technician if awarded contract -Alberto Cervantes 1. 24 years experience ( 24 years with Service First) 2. CPO Certified 3. LA Tech Certified II. Listing of Resources a. Service First understands the need and challenges of servicing the City of Santa Ana Civic Center Fountains. We have overcome severe conditions and provided excellent service under extreme conditions. If awarded the contract, Service First will be assigning Alberto Cervantes as the regular technician. Alberto is currently in a supervisory role and understands all of the challenges associated with the Santa Ana Civic Center Fountains. He is well versed in Chemical Controllers and will have each controller operational and maintained. Elias Rocha will be the janitorial technician. Elias has been performing this service for several years now and will be directly supervised by Alberto Cervantes. We 1 2510 N. Grand Avenue, Suite 110 • Santa Ana, California 92705 • (714) 573-2200 • FAX (714) 573-2297 • License #556812 Service . - JET utilize Portable Vacuums for cleaning and see attached exhibit A for explanation of services. We utilize all of our own equipment provide this service. III. SCHEDULE OF WORK a, Service will be performed on all fountains Monday Wednesday and Friday between the hours of 7:00am-5:00pm with the following schedule: Monday: 2110 street Fountain, Sasscer Fountain, Federal Fountain, State Fountain, and Plaza of the Sun. Wednesday: 2"d street Fountain, Sasscer Fountain, Federal Fountain, State Fountain, and Plaza of the Sun. Friday: tad street Fountain, Sasscer Fountain, Federal Fountain, State Fountain, and Plaza of the Sun. 2510 N. Grand Avenue, Suite 110 • Santa Ana, California 92705 • (714) 573-2200 • FAX (714) 573-2297 • License #556812 Service EXHIBIT A SPECIFICATIONS TASKS PERFORMED AT EACH SCHEDULED VISIT PER BODY OF WATER 1. Vacuum the bottom surface of each pool. 2. Skim debris from surface of each pool. 3. Clean all water line tiles as necessary. 4. Brush sides of each pool to remove dirt and debris as needed. 5. Remove accumulated debris from all pool skimmers and drains. 6. Remove accumulated debris from all pump strainers. 7. Backwash pool filters as necessary to maintain proper pressure differential. 8. Refill all chemical feed equipment containers as necessary. 9. Maintain a clean and organized equipment room. 10. Check and record the following in the supplied commercial log book: a. Free chlorine b. pH level c. Flow rate d. Influent Pressure e. Effluent Pressure f. Pool Temperature g. Chemicals Added h. Services Performed 11. Check for safety hazards and conditions in and around the pool area. 3 2510 N. Grand Avenue, Suite 110 • Santa Ana, California 92705 • (714) 573-2200 • FAX (714) 573-2297 • License #556812 ATTACHMENT 3-5: REFERENCES CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR RFP NO.: 21-102 List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference r Customer Name: C i AAJ -O;' EN Vet/ S%6VA Contact Individual: $k'n C11 44% Address: ��1 di �� f %� Phone Number: I S1 t y a" r 3-7 VGi(S� [cat�Z� FTe Number: S ti 1��Usd 5►��'' • Contract Amount: [ S' daD y{r Year: Zd 10 l`eS06;t— Description of supplies, equipment, or services provided: �� 41,$v ,!�.wr v f • S�C�✓ a i� a t;t G Ley �+ n' 4(% OU L �d „�.>,,� pay 5 � . _. _ f�_ a Reference i �0 Customer Name:_ Ci 1 i `�-ontact individual: W$01 /^N;-e '2_%4(9tL.- Address: Z.'S LCOVVX%% J Phone Number: 51y2-- Z.45 — ZtLy 9'0ChT"tff!T'0He Number: e- r ' �Jl Wc�2�nt t1 � l �•S • VS Contract Amount: N- 000 1" Year: Description of supplies, equi inor services provided: Reference Customer Name: Cou n Contact Individual: Sea h L Address:AA CO N •154AS " _Phone Number: 512 L 9 lfo_ tl 2-y- D063 .9ses mile Number: 6006 irn-Sal e , tt .. q Contract Amount: 6 �� Year: a t reJ+a�~ �7 G�'� . /� Description of supplies, equipment, or services provided: C� 0006w1wG * o L SU(" Le � Jtc, , eW*PLf aczx-g City of Santa Aria-RFP 21-102 Page 34 `30 V � n � m �l •a 0 ,ZA x ,Ln LC ,WD x N '✓� vNi � Ln Lr) V) tr) 3 v a di U •� = E o c� cd o v o�� w o u 14 w a w w� M f'�l M M C*1 frl �-4 Con ° a U W Ua► a °' V prk U rh cd b z� EliCd � � 3 C/3 •� d '� � p y y cC A.. y C O � W d DA � ° cd 21 s, cG Q p 9 .2 rq d D x d + a z �, ° �o d c rn U C2 O EA o o a Z W *0 r. r. r mac cn iz,� E v qu O O O O N f" W 4� L +, r� C= Lr� Ll R{ CLt P C/) N cl O n.- L z r. .a N O N LL m Q� a� m co cz U) O A ,+ Appendix ATTACHMENT 1A LIST OF SUBCONTRACTORS e sc¢u�Ee NKo.sjv 's"la NoT he v51r�-S a ►�.� 4mcl- ILiI N 4 City-ofSanta-AnaRFP 21-102 Page 20 Bid Bond AIA Document A310 - Electronic Format Bid Bond # OCDI00066 KNOW ALL MEN BY THESE PRESENTS, that we Service First Contractors Network dba Service First 2510 N. Grand Avenue, Ste. 110 Santa Ana, CA 92705 as Principal, hereinafter called the Principal, and The Ohio Casualty Insurance Company 175 Berkeley Street Boston, MA 02116 a corporation duly organized under the laws of the State of NH as Surety, hereinafter called the Surety, are held and firmly bound into City of Santa Ana 20 Civic Center Plaza, Room 429 Santa Ana, CA 92702 as Obligee, hereinafter called the Obligee, in the sum of Not to exceed five percent of the bid amount****(not to exceed 5.00% of the bid amount) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Fountain Maintenance; RFP No. 21-102 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 28th day of September, 2021. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 00400-1 Service First Contractors Network dba Service First 5tcrcr}ti By CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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. STATE OF CALIFORNIA County of Sacramento On ]-IS 70V before me, E. Johnson Rat Insert Name of NOW exactly as it appears on the official seal personally appeared Sandra R. Black Name(s) of Signer(s) E. JOHNSON COMM. # 2310061 10 NOTARY PUBLIC • CALIFORNIA mi SACRAMENTO COUNTY'' Comm. Exp. OCT. 22 2023 , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Witness my hand and o icial t3eal. Signature Place Notary Seal Above Signature of Notary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capaciity(ies) Claimed by Signer(s) Signer's Name: Sandra R. Black ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General d Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Liberty Mutual Insurance Company/The Ohio Casual Insurance Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Ttle(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: This Power of Attorney limits the acts of those named herein, and they have no authority to T y bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company mutual. The Ohio Casualty Insurance Company Certificate No: 8202639-395006 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Sandra R- Black, Sokha K. Evans all of the city of Sacramento state of Califomia each individually ifthere be more than one named, its true and lawful aftomey-in-fart to make, execute, seal, admowledge and deliver, for and an ifs behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Atomey has been subscribed by an authorized officer or offldal of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of November , 2019 . Liberty Mutual Insurance Company PAl INS u py'11 INS& %NSU� The Ohio Casualty insurance Company AZ �p"�O'�r yo 5, °"P°'�r�y .0 o�ORay 'yp West American Insurance Company �' 1912 rs 1919 n 1991 vi r e� 4 Q) By- � Yd'p►�4CHUg�da ��haxrg" $ rs iampMA a //""" C c David M. Carey, Assistant Secretary 2 State of PENNSYLVANIA > a County of MONTGOMERY ss 0 as On this 6th day of November 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance p Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes ah � therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at I(Ing of Prussia, Pennsylvania, on the day and year first above written. N Sp, P' ;:., 0 ��ri �oHWp £ COMMONWEALTH OF PENNSYLVANIA 0 �t o � Natarian SBaI /� iO nP 1 Teresa Pastels, Notary O .n1 Upper Merf°nTwp., Montgomeryery C County By: �U/LC�� MY Commission Expires March 28,2021 Teresa Pastella Notary Public Q) V Qp� Member, Py nsylvardaAssodabon of Mclatles UZ ` a� This Power of Attorney is made and executed pursuant to and by authority of the fallowing By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual o.S Insurance Company, and WestAmedcan Insurance Company which resolutions are now in full force and effect reading as follows: - ARTICLE IV —OFFICERS: Section 12. Power of Attorney. [2 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the a > President may prescribe, shall appoint such attomey0t-fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety N m any and all undertakings, bonds, recognizances and other surety obligations. Such attoeys4n-fact subject to the limitations set forth In their respective powers of attamey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such :3 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-fn fact under the provisions of this artde may be revoked at any time by the Board, the Chairman, the President or by the offioar or officers granting such power or authority. ARTICLE %III — Execution of Contracts: Section S. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president and subject to such limitations as the chairman or the president may prescribe, shall appoint such atameys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such atonreys4ri-tct subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seat of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seat, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a Certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify.that.the original power of attorney of which the foregoing is a full, true and eormaapy of the Pourer of Attorney executed by said Companies, is in full force and effect -and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 2-1 day �u2 INS tr JY IN$G 1Nap. 1912 a 51919 a 1991 0 P ��„ y°y Renee C. Llewellyn, Assistant Secretary 1*t• y1*b M�ti LMS-12873 LMIC OCIC WAIC MuM Co 052018 s� LU ? E 0 Q 0 O 4 � Q 0 co a- O rA O !E 0 a� yo � N OP 1L r= 00 0— c4 APPENDIX ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR FOUNTAIN MAINTENANCE RFP NO.; 21-102 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA PARKS, RECREATION AND COMMUNITY SERVICES AGENCY In accordance with Title 23 United States Code Section 112 and.Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive o»Wajibid. Note: The above Non-c sion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute Wit"o ture of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certcriminal prosecution. Signed t This form must be si ned above. This form must also be notarized for Public Works contracts. State of California County of 0rGt�W * SdV Arr"4_4e A Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal rr City of -Santa -Ana RFR 21-102 Page 29 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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. State of California County of ()i 1gfV�7 On /mil ,X 2 Z before me, Date Here Insert Name and Title of the Officer personally appeared -a8E9=-/ 1A209=MU S' Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. •• °° a KATRINA E. RICE Notary Pubiic - California _ orange County p Commission " 2296618 My Comm. Expires Jul 12, 2023 Place Notary Seal and/or Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand Signatur OPTIONAL Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee 11 Guardian or Conservator ❑ Other: Signer is Representing: 02018 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 12, APPENDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CITY OF ,SANTA ANA REQUEST FOR PROPOSALS FOR FOUNTAIN MAINTENANCE RFP NO.: 21-102 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, ap officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Sel-,J I CAe Signed and Printed Name: 'A (Z109eft- WdlVV IC Title Date e3 Gity-of Santa Ana RFP-21-102 Page 30 APPENDIX ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR FOUNTAIN MAINTENANCE RFP NO.: 21-102 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the City of Santa -Aria RFP 21-102 Page 31 Iq i provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, p y cal handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, a consultant of public works violating this Section is subject to all the penalties imposed for a violation of the pter. Signed: Title: Firm: Date: -Gity-of Santa ,4na RFP 21-102 Page 32 APPENDIX ATTACHMENT 3-4: AGREEMENT STATEMENT CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR FOUNTAIN MAINTENANCE RFP NO.: 21-102 Proposer understands that the PROPOSER will enter into an Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. If a PROPOSER is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the CITY reserves the right to select the next most qualified PROPOSER or call for new Proposals, whichever the CITY deems most appropriate. PROPOSER concurs to the statements in the standard agreement, with the exception of the following: Firm d;'F-z--j Signed and Printed Name: Title Date Wrruw✓ C City -of -Santa Ana RFP 21-102 Page 33 EXHIBIT C ATTACHMENT 3-6: FEE SCHEDULE r1'rV nF CANTA ANA RF.Oi1F,CT FOR PROPOSAIN FOR RFP NO.: 21-102 Mountain Location Cost Per Frequency Per Weeks Per Cost Service Week Year Plaza of the Fountain #1 North of State Building 1 OL " w3 3 Times 52 Weeks S 1 �$�• Plaza of the Fountain #2 East of Law Library I Ol 3 Times 52 Weeks jr 1 Plaza of the Fountain #3 South of Law Library 101 . $3 3 Times 52 Weeks $�^. plaza of the Sun Fountain Between City Hall and Main Library t . Y3 3 Times 52 Weeks I �. lasscer Park Fountain Corner of Santa Ana Blvd. and Broadway et. 3 Times 52 Weeks a Street Mall Fountain Between Sycamore St. and Broadway Z I Time 35 Weeks 4, (Jan -Aug) 2 Times 17 Weeks S03.67Z (Sept Dec) anta Ana Regional Civic Center Drive and Santiago Street 57 2 Times 52 Weeks � S A 9s M 7 Transportation Center Certification - I certify that I have read, understand and agree to the terms and conditions of this tcequest for rroposais. t nave examtneu me acope ui 3erv,L;cs anu am familiar with the scope of work locations. I atn familiar with all the existing conditions and limitation that may impact work requests. 1 understand and agree that. I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price -Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and; fuel. The proposer warrants that the prices, terms and conditioned quoted will be valid for a period of 120 days from the date the proposal is due, in order to allow time to award an agreement. ** Pricing information for each site and each service should be as accurate as possible. Based on funding availability, the City may remove a site or reduce the frequency from the scope of work without affecting pricing for other sites and/or service. Pririted Name of Au zed Agent Signatur f Au orizad Ag 1�� V I tie Legal Name of Company Business Address Fecderai ID number (if applicable) r3 - r 73 - ZZ r3 71 Y-- 5-13; — 2Z.4 / d;'t t 10 Phone and Fax $ A AM*r CAC I 56 lb( Z Cr Contractor License Number (if applicable) V