HomeMy WebLinkAboutCorrespondence - #12Alcala, Abigail
From: Flores, Gaston
Sent: Tuesday, January 16, 2024 1:27 PM
To: eComment
Subject: FW: Contact the City Council Submission
From: notify@proudcity.com <notify@proudcity.com>
Sent: Tuesday, January 16, 2024 1:10 PM
To: Flores, Gaston <GFlores@santa-ana.org>
Subject: Contact the City Council Submission
Name
David Johnson
Email
Address
Fullerton, California 92832
United States
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Phone
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Who is this message for?
• Mayor Valerie Amezcua
• Mayor Pro Tern Jessie Lopez
• Councilmember Thai Viet Phan
• Councilmember David Penaloza
• Councilmember Phil Bacerra
• Councilmember Johnathan Ryan Hernandez
• Councilmember Benjamin Vazquez
Comments or questions
Honorable Mayor and Councilmembers:
I write to you today with serious questions regarding the process that was conducted to award the Infield Maintenance contract
pursuant to RFP No. 23-152 and is Item #12 on the Agenda tonight. I should start by noting that given the fact that the entire City
is being awarded to one contractor (for the first time in 20 years) this touches every Council Ward in the City.
I am President of Major League Infields, Inc. and we were the firm not selected to do any of the work in this new term of the
agreement (for the first time since 2005). We're adults, and it wouldn't be the first time we've lost in a competitive process.
However, there are some things about this that don't add up (i.e. THE CITY PAYING OVER 30 PERCENT MORE THAN IS
NECESSARY).
Since February 2019 we had the contract to service Districts 1, 3 and 4, which contain 28 fields, and the recommended
contractor for this new agreement has been doing District 2 which contains a total of four (4) fields. During our tenure in these
three Districts, City inspectors sent us very few complaints, concerns or issues, and in fact, we haven't received a single
complaint or concern in years. (We toured the fields today and took photographs that I cannot attach here that were taken today
of fields serviced by both companies in various Districts and I challenge anyone to cite any discernible difference in the
conditions. We suggest you go look at them for yourselves.) Furthermore, we never failed to attend any meetings called by City
staff, or not perform any extra work that was requested by them.
We are mystified by the Staff Report that asserts there are extra services in the scope of work for this new agreement which
include Bi-Monthly Scarifying, adding infield mix and annual laser grading. None of these are new, and this is a materially false
representation. I've attached an electronic copy of RFP 19-093 and if you look on page 19 these tasks were all part of the
current scope of work and are not new or different.
It appears as though this misrepresentation is made to justify paying over $114,000.00 per year more (and almost $700,000.00
more over the full term of the contract) to our competitor than the pricing we proposed. We understand that this was an RFP, and
there are multiple factors that go into the award decision. However, having done this work for almost 40 years and looking at the
finished products in all four Districts today, we believe there are serious questions that should be asked before the City spends
over 30 percent more of its taxpayers' dollars for comparable quality and service. I look forward to your response.
Upload a file
• RFP-19-093-Infield-Ball-Diamond-Maintenance-final.
REQUEST FOR PROPOSALS (RFP)
FOR
IN -FIELD BALL DIAMOND MAINTENANCE
(DISTRICT 1, 213 & 4)
RFP NO.: 19-093
CITY OF SANTA ANA
Parks, Recreation and Community Services Agency
20 Civic Center Plaza-M23
Santa Ana, CA 92701
Frank Arroyo
RFP Administrator
(714) 571-4218 Office
farroyonsanta-ana.org
City of Santa Ana RFP 19-093
Page 1
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for In -Field Ball Diamond
Maintenance.
Responses to this Request for Proposals (RFP) will be accepted no later than November 4, 2019 at 5:00 p.m.
Proposals shall be submitted electronically through the PlanetBids website. No other form of submittal will be
accepted. It is the responsibility of the proposer to ensure that any proposal submitted has been uploaded to
PlanetBids prior to this proposal due date and time.
All notifications, updates and addenda will be posted on the PlanetBids Website. PROPOSERS shall be
responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required
updates may result in a determination of a nonresponsive proposal.
The CITY reserves the right to reject any or all Proposals, or waive any irregularities or technical deficiencies in
any proposal.
City of Santa Ana RFP 19-093
Page 2
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
IN -FIELD BALL DIAMOND MAINTENANCE
RFP NO.: 19-093
TABLE OF CONTENTS
I. GENERAL
11. PROPOSAL TERMS AND CONDITIONS
A. EXAMINATION
B. DILIGENCE MATERIAL
C. PROPOSAL VALIDITY
D. PRE -CONTRACTUAL EXPENSES
E. PROPOSAL INFORMATION
F. PREVAILING WAGES
G. COMMUNITY WORKFORCE AGREEMENT
H. EVIDENCE OF FINANCIAL CAPACITY
I. CITY RIGHT TO REJECT
J. EXECUTION OF AGREEMENT
K. BONDS
L. LICENSES & PERMITS
M. INSURANCE
N. PAYMENT INFORMATION PACKET
111. INSTRUCTIONS TO PROPOSERS
A. POINT OF CONTACT
B. JOINT OFFERS/SUBCONSULTANTS
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. PRE -PROPOSAL MEETING
F. ERRORS IN PROPOSAL
G. PROTESTS
4
4
7
IV. SUBMITTAL REQUIREMENTS 8
A. GENERAL
B. PROPOSAL CONTENTS
V. PROPOSAL REVIEW (CONSULTANT SELECTION) 10
A. EVALUATION AND RATING
B. SELECTION
VI. AWARD OF AGREEMENT 10
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
VIL IMPLEMENTATION 11
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
VIII. PUBLIC RECORDS
11
IX. APPENDIX
ATTACHMENT I AND I A: SCOPE OF WORK / LIST OF SUBCONTRACTORS 12
ATTACHMENT 2: SAMPLE AGREEMENT 33
ATTACHMENT 3: SUBMITTALS (CERTIFICATIONS, STATEMENTS, SCHEDULES) 41
ATTACHMENT 4: ADDITIONAL PROVISIONS 47
City of Santa Ana RFP 19-093
Page 3
I. GENERAL
The City of Santa Ana is seeking infield ball diamond maintenance services for Districts 1, 2, 3, and 4.
The city may select one company for each area or one company for multiple areas. The City intends to
enter into a 4 year agreement with the selected Proposer(s).
Request For Proposal Timeline: (Subject to change at the Discretion of the City)
RFP Release: October 7, 2019
Deadline for Request for Information/Substitution Requests October 22, 2019 at 5:00 p.m.
Proposal Due (To be submitted electronically through PlanetBids) November 4, 2019 at 5:00 p.m.
Potential Interview and/or Supplemental Questionnaire Week of December 2, 2019
Notification will be provided November 26, 2019
Projected Award January 21, 2020
Projected Start February 1, 2020
II. PROPOSAL TERMS AND CONDITIONS
By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the
Terms and Conditions of this RFP as described below:
A. EXAMINATION
PROPOSER represent that it has thoroughly examined and become familiar with the services and
responsibilities required this RFP and that it is capable of effectively and efficiently performing
quality work to achieve the CITY's objectives. Any attachments referenced herein or any
interpretations, clarifications or amendments subsequently posted in the relation to this RFP are
fully incorporated.
B. DILIGENCE MATERIAL
Diligence Material, if provided, is subject to the following disclaimer: Neither the CITY or any of
its agents, advisors, or representatives: has made or makes any representation or warranty, express
or implied, as to the accuracy or completeness of the Diligence Material. Without limiting the
generality of the foregoing, the Diligence Material may include certain assumptions, statements,
estimates and projections provided by or with respect to the CITY. Such assumptions, statements,
estimates, and projections reflect various assumptions made by the CITY, which assumptions may
or may not prove to be correct. No representations are made by the CITY as to the accuracy of
such assumptions, statements, estimates, or projections.
C. PROPOSAL VALIDITY
Pricing offered by Proposer must be valid up to 120 days from the day submitted. Turnkey
installation services and warranty on the indicated installation of equipment in a respondent's
Proposal must be valid for a period of 120 days after completion of installation.
D. PRE -CONTRACTUAL EXPENSES
Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred by
PROPOSERS in the preparation of its proposal.
City of Santa Ana RFP 19-093
Page 4
E. PROPOSAL INFORMATION
It is understood and agreed upon by the PROPOSER in submitting a Proposal that the CITY has
the right to withhold all information regarding this procurement until after Agreement award,
including but not limited to: the number received; competitive technical information; competitive
price information; and the CITY evaluation concerns about competing Proposals. Information
releasable after award is subject to the disclosure requirements of the Public Records Act,
California Government Code Section 6250.
F. PREVAILING WAGES
No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid
purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
G. COMMUNITY WORKFORCE AGREEMENT
On August 15, 2017, the Santa Ana City Council approved a Community Workforce Agreement
with the Los Angeles/Orange Counties Building and Construction Trade Council and the Signatory
Craft Councils and Unions. The provisions of the agreement would apply to all construction and
major rehabilitation work pursuant to "Prime Multi -Trade" construction contracts that exceed
$250,000 and all subcontracts from these prime multi -trade contracts. The agreement also applies
to all "Prime Specialty" contracts (single trade contracts) that exceed $100,000 and all subcontracts
from these prime specialty contracts.
Contractors working on projects over the above thresholds must, in filling craft job requirements,
utilize and be bound by the registration facilities and referral systems established and authorized
by the Unions who are signatory to the agreement. This is commonly referred to a Union hiring
hall.
Contractors retain the right to reject any applicant referred to them through the job referral system,
determine competency of all employees, to determine the number of employees required, and the
duties of such employees. If any Union's registration and referral system does not fulfill the
requirements for specific classifications requested by any Contractor within 48 hours, the
Contractor may employ applicants meeting such classifications from any other available source.
H. EVIDENCE OF FINANCIAL CAPACITY
Proposer may be requested to submit its most recent audited financial statement, evidencing
PROPOSER's financial capacity to fully perform the required services, including provision of
equipment and personnel expenses over a ninety (90) day period. If said financial statement does
not reflect full ninety (90) day operational capacity, PROPOSER may include a letter of credit as
evidence of supplemental capacity.
City of Santa Ana RFP 19-093
Page 5
L CITY RIGHT TO REJECT
The CITY reserves the right to reject any or all proposals submitted and no representation is made
hereby that any agreement will be awarded pursuant to this RFP or otherwise. The city will reject
any proposals submitted where the proposer has not attended the mandatory on -site pre proposal
meeting or not met any of the required deadlines.
The CITY reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
The CITY reserves the right to reject, replace and approve any and all subcontractors. All
subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the
responsibility of the successful PROPOSER and the CITY shall assume no liability of such
subcontractors.
J. EXECUTION OF AGREEMENT
The CITY and the selected 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.
K. BONDS
The selected PROPOSER shall be required, within ten (15) days of being awarded an agreement,
to submit a satisfactory performance and payment bond in an amount equal to one hundred percent
(100%) of the agreement amount, less contingency.
L. LICENSES & PERMITS
The selected PROPOSER shall be required to obtain a CITY of Santa Ana Business license within
fifteen (15) business days of selection and must provide a copy to the CITY Project Manager or
designee prior to commencing any work in Santa Ana.
Additionally, PROPOSER will be responsible for obtaining any licenses/permits required by the
Scope of Work.
M. INSURANCE
The selected PROPOSER shall provide the required evidence of insurance coverage as set forth in
the standard agreement within ten (10) business days after receipt of notice of award.
N. PAYMENT INFORMATION PACKET
The selected PROPOSER shall return a completed payment information packet within ten (10)
business days after the successful PROPOSER has received notice that the agreement has been
awarded. The packet is available on the CITY's website: www.santa-ana.or /bg ids-rfps
City of Santa Ana RFP 19-093
Page 6
III. INSTRUCTIONS TO PROPOSERS
A. POINT OF CONTACT
The selected PROPOSER will assume responsibility for all services in its proposal. The selected
PROPOSER shall identify a sole point of contact with the greatest knowledge in regard to the
required service operations and contractual matters, including payment of any and all charges
resulting from the Agreement.
B. JOINT OFFERS/SUBCONSULTANTS
Where two or more PROPOSERS desire to submit a single Proposal in response to this RFP, they
should do so on a prime-subconsultant basis. The CITY intends to contract with a single firm and
not with multiple firms doing business as a joint venture. Should the use of subconsultants be
offered, the PROPOSER shall provide the same assurances of competence for the subconsultant
plus the demonstrated ability to manage and supervise the subcontracted work. Subconsultants
shall not be allowed to further subcontract with others for work under the Agreement. The
provisions of the Agreement shall apply to all subconsultants in the same manner as the
PROPOSER.
C. REQUEST FOR INFORMATION/SUBSTITUION REQUESTS
Any questions concerning this request for proposal or requests for substitution of
equipment/materials identified in the RFP must be submitted in writing through the City's
electronic bid management system at
hflh;p //w yw pp a tb��l ,coin/,poi°tad/p�>rtaal.ciin?Co�n ,yIllf ::::2013"7
by or before the "Deadline for Requests for Information" date noted in the RFP Timeline under
Section L General. No verbal requests or responses will be accepted. Significant interpretations
or clarifications will be addressed via addenda to this RFP, as indicated in Section III.D.
D. ADDENDA
Any changes in the RFP from the date of release to date of submittal will result in an addendum
or amendment. Notification of such addendum or amendment shall be posted through the City's
electronic bid management system at
ht!p://w� nv p1q!2s.tbad« c� ���/.is�ort /p� ut�ni..a;i u`7C��rrmp 11CD 2�1 i 37
PROPOSERS shall be responsible for monitoring the site to obtain information regarding this
solicitation.
E. PRE -PROPOSAL MEETING
A pre -proposal meeting will be held (if listed in the timeline) at the time and place identified in
Section I. General. Please email the RFP administrator for confirmation of attendance and any
other details. The meeting will include discussion of the project scope and a question -and -answer
session. Significant interpretations or clarifications will be addressed via addenda to this RFP, as
described above in "Section III.D: Addenda".
F. ERRORS IN PROPOSAL
If, prior to the opening of Proposals, a PROPOSER discovers an error in the Proposal, the
PROPOSER may submit a replacement Proposal prior to the time and date set as the deadline for
City of Santa Ana RFP 19-093
Page 7
submitting Proposals. The replacement Proposal shall clearly indicate that it supersedes the prior
Proposal.
After the close of the RFP Period, an erroneous Proposal may not be replaced or modified; but the
PROPOSER may request the CITY release the PROPOSER due to an error in the Proposal. The
CITY may release the PROPOSER if the integrity of the Proposal process is not jeopardized, the
error was a result of excusable neglect, and the PROPOSER is not advantaged. If the CITY releases
the PROPOSER, the Proposal will be deemed rejected and the PROPOSER shall be prohibited
from performing all or any portion of the Video Wall installation project.
A PROPOSER'S error in adding numerical items contained in the Proposal shall not constitute a
material error. Rather, the CITY will rely upon the amount assigned to each item of the Proposal.
G. PROTESTS
PROPOSERS with concerns or rebuttal of any staff determination of non -responsiveness or non -
responsibility may submit, in writing within five (5) business days, to the RFP Administrator, any
concerns regarding the RFP process or staff determination. Such writing shall be considered by
the City Manager or his designated representative, and may be acted upon within five (5) business
days. If no action is taken within such time, there shall be no change to the staff determination.
The exercise by PROPOSER of its right to submit written concerns shall be a condition precedent
to seeking judicial review of any award of a contract hereunder.
IV. SUBMITTAL REQUIREMENTS
A. GENERAL
ELECTRONIC SUBMITTAL: Proposers are required to submit all elements identified in
section IV. B. Proposal Contents via the PlanetBids website. The City is not responsible
for any technical difficulties, such as unavailable internet connection, website failure, etc...
It is the responsibility of the proposer to ensure that any proposal submitted has been
uploaded to PlanetBids prior to this proposal due date and time.
2. DEADLINE: Proposals are due at the date, time set forth above in the Notice Inviting
Proposals.
B. PROPOSAL CONTENTS
A responsive proposal shall contain the following documentation:
COVER LETTER: Proposals shall include a letter with contract information of the
individual that can respond to questions related to the proposal (name, phone number,
email) and identify a principal or authorized representative who can make legally binding
commitments for the entity. Letter should be signed by the principal or authorized
representative identified in the letter. Include type of business entity.
2. TABLE OF CONTENTS: Proposals shall include a listing, by page number and all other
contents of the Proposal.
STATEMENT OF OUALIFICATIONS & REFERENCES
City of Santa Ana RFP 19-093
Page 8
a. Firm/Team Experience and Staffing Levels: Proposal shall include a profile of the
firm's experience, firm size, and years in business. Include brief descriptions of
the project manager and team that outline their experience.
Proposals shall include a listing of full-time equivalents (FTE) for the tasks
identified in the scope of work. FTE's shall be listed by job title and grouped by
task. If the proposer is interested in submitting a fee schedule for multiple areas,
then a listing for each area of interest is needed.
b. References/Relevant Project Experience: Proposal shall include a list of three (3)
relevant projects which your firm or personnel have completed within the last five
(5) years, including any significant work with public agencies. Project information
should include project description, year completed, client name, along with a
person to contact and their telephone number.
2. LISTING OF RESOURCES (labor, equipment, materials): Proposal shall include the
number of proposed full-time equivalent personnel (FTE's) by job class/function. Proposal
shall also include a listing of equipment and materials that will be used to complete the
scope of work. Listing of equipment shall include all individual pieces of equipment, age,
identify if owned or to be purchased.
MANNER FOR PERFORMING SERVICES & SCHEDULE
a. Manner for Performing Service: Proposal shall include an outline which
demonstrates the firm's understanding of the scope of work. This outline should
include anticipated approach, tasks necessary for successful completion, and
suggestions or special concerns for which the City should be made aware.
Schedule: Proposal shall include a proposed work schedule to complete the tasks
identified in the scope of work. If the proposer is interested in submitting a fee
schedule for multiple areas, then a work schedule for each area of interest is needed.
4. FEE PROPOSAL: Attachment 3-5 Fee Schedule. A Proposer may submit a fee schedule
for only one area or a fee schedule for each area of interest.
5. LIST OF SUBCONTRACTOR (ATTACHMENT IA): Proposals shall include a listing,
subcontractors that will perform work on this project.
6. DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION: Evidence that the
proposer is registered with Department of Industrial Relations, State of California.
7. CERTIFICATIONS/STATEMENTS: The following forms, included in Attachment 3 in
the Appendix of this RFP shall be signed and included as part of the proposal submittal
package:
• Attachment 3-1: Non -Collusion Affidavit
• Attachment 3-2: Non -Lobbying Certification
• Attachment 3-3: Non -Discrimination Certification
• Attachment 3-4: Agreement Statement
City of Santa Ana RFP 19-093
Page 9
8. BID BOND
A bid bond in the amount of five percent (5%) of the total proposed amount set forth in the
fee schedule shall accompany the proposal. If the proposer is interested in submitting a fee
schedule for multiple areas, then the 5% amount shall be based on the single fee schedule
with the largest amount.
V. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
The CITY has established a proposal review committee to evaluate proposals based on the
response to the RFP, which includes adherence to outlined directions and format, and the CITY
evaluation criteria set forth above. A final score will be calculated for each submitted proposal
and used to rank the PROPOSERS.
The criteria for evaluating the proposals submitted will take the following items into consideration:
• Firm/Team Experience
20%
• References/Relevant Project Experience
20%
• Listing of Resources
20%
• Manner for Performing Service/Schedule
20%
• Fee -Price
20%
The CITY reserves the right to request clarification and/or request additional information from
PROPOSERS, if necessary. Such clarifications and/or additional information shall be submitted
by the PROPOSERS as an Addendum to the Proposal upon request of the City. However, since
PROPOSERS may not request to provide additional input, PROPOSERS are advised to submit
complete information in the Proposal.
Based on the evaluation results, the City may hold interviews and finalists may be asked to
participate in an interview session and/or supplemental questionnaire. If an interview session
and/or supplemental questionnaire is performed, the exact date and time will be provided to the
finalist(s). If an interview session and/or supplemental questionnaire is performed, the City will
provide an overall ranking of proposals and recommend the proposal that is in the best interest of
the City.
B. SELECTION
The CITY will recommend award of the agreement to the PROPOSER who will provide the best
quality and value to the CITY. CITY reserves the right to begin negotiations, negotiate any aspect
of the RFP and proposal and enter into an agreement without interview or further discussions.
PROPOSER will be asked to sign a tentative agreement that will be subject the City final approval.
VI. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Executive Director will
recommend award of an agreement to the PROPOSER providing the best quality and value to the
CITY.
City of Santa Ana RFP 19-093
Page 10
B. EXECUTION OF AGREEMENT
A standard agreement is included as Attachment 2, in the Appendix of this RFP. "PROPOSER"
will hereinafter be referred to as "Consultant" in standard agreement. The term of the agreement
will begin after the agreement is fully executed, and all required bonds, insurance documents and
contents of the payment infonnation packet have been received and approved.
VIL IMPLEMENTATION
A. KICK-OFF MEETING
A kick-off meeting will be held after award of contract. Consultant and its team will meet with
City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation
process. Pre -installation can begin as soon as City's technical staff and Consultant confirm a meet
up date (to be scheduled within two weeks after the RFP award)
B. NOTICE TO PROCEED
Following the kick-off meeting, a fonnal Notice to Proceed (NTP) may be issued by City Staff
after the agreement is fully executed, and all insurance documents and contents of the Payment
Information Packet have been received and approved. Schedule coordinated around council
meetings.
VIII. PUBLIC RECORDS
All responses to the RFP shall become property of the CITY, and proposals will become public record
after award of agreement. PROPOSER information identified as proprietary information shall be
maintained confidential, to the extent allowed under the California Public Records Act.
City of Santa Ana RFP 19-093
Page 11
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
INFIELD BALL DIAMOND MAINTENANCE
RFP NO.: 19-093
Introduction and Background
The City of Santa Ana intends to enter into agreement with a contractor whose specialty is maintaining
baseball/softball infields and warning tracks.
State of California Licensed C-27 Contractor specializing in Ball Diamond In -Field Maintenance shall provide
in -field and warning track brickdust maintenance for Baseball/Softball Diamonds per the specifications and
conditions listed below.
Description of Work
BALL DIAMOND LOCATIONS/QUANTITIES/TYPES OF DIAMONDS
1.0 DISTRICT 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 sport turf and brickdust infield.
1.3 Rosita Park -District 1
1.3.1 One (1) 80'/90' base path Little League Junior/Senior diamond with sport
brickdust infield.
2.0 DISTRICT 2
2.1 Cabrillo Park -District 2
2.1.1 One (1) 80'/90' base path Little League Junior/Senior diamond with skinned
brickdust infield.
2.2 Morrison Park -District 2
City of 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
4.1.1 One (1) 60' base path Little League diamond with skinned brickdust infield.
4.2 Centennial Park -District 4
4.2.1 Two (2) 60' base path Girls Softball/Major Little League diamond with skinned
brickdust infields.
4.3 Heritage Park -District 4
4.3.1 One (1) 60' base path Girls Softball/Major Little League diamond with skinned
brickdust infield.
4.4 Jerome Park -District 4
4.4.1 One (1) 80'/90' base path Little League Junior/Senior diamond with sport
turf/brickdust infield.
4.4.2 Two (2) 60' base path Girls Softball/Major Little League diamond with skinned
brickdust infields.
4.5 Thornton Park -District 4
4.5.1 Three (3) 60' base path Girls Softball diamond with skinned brickdust infield.
City of 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 BE COMPLETED
5.0 DISTRICT 1
5.1 El Salvador Park: 5 Days per week, January st to July 31 st
3 Day per week, August 1" to December 31 st
5.2 Riverview Park:
5.3 Rosita Park:
6.0 DISTRICT 2
6.1 Cabrillo Park:
6.2 Morrison Park:
6.3 Portola Park:
6.4 Santiago Park
7.0 DISTRICT 3
7.1 Delhi Park:
7.2 Madison Park
7.3 Memorial Park:
8.0 DISTRICT 4
8.1 Adams Park:
8.2 Centennial Park:
5 Days per week, January st to July 31 st
3 Day per week, August 1st to December 31st
5 Days per week, JanuaiyI st to July 31 st
3 Day per week, August 1st to December 31st
5 Days per week, January st to July 31 st
3 Day per week, August lst to December 31st
3 Days per week Year Round
5 Days per week, January st to July 31 st
3 Day per week, August 1st to December 31 st
5 Days per week Year Round
1 Day per week year round
5 Days per week, January st to July 31 st
3 Day per week, August 1st to December 31st
5 Days per week, Januaryl st to July 31 st
3 Day per week, August 1 `t to December 31 st
5 Days per week, Januaryl st to July 31 st
3 Day per week, August 1st to December 31 st
5 Days per week, January 1 st to July 31 st
3 Day per week, August 1st to December 31st
8.3 Heritage Park: 1 Day per week Year round
8.4 Jerome Park: Field #1
5 Days per week, January st to July 31 st
3 Day per week, August 1 st to December 31 st
City of Santa Ana RFP 19-093
Page 14
8.5 Thornton Park
8.6 Windsor Park:
BALL DIAMOND MAINTENANCE
Field #2 & #3
5 Days per week, January st to July 31 st
3 Day per week, August 1st to December 31st
5 Days per week Year Round
5 Days per week, January st to July 31 st
3 Day per week, August 1st to December 31st
9.0 Field Composition Mix (Brickdust) To Be Used When Maintaining Infields.
9.1 Field In General
9.1.1 When adding field composition mix (brickdust) to any City of Santa Ana infield,
the specific type of material to be used is: Stabilizer Solutions Stabilizer Gold
Infield Mix (with stabilizer).
9.2 Pitcher's Mound/Home Plate/Basepath Areas
9.2.1 When adding a mix with a higher clay composition material to any pitcher's
mound/home plate/base-path area, the specific type of material to be used is: Hill
Topper Home Plate and Mound Mix.
9.3 Warning Track
9.3.1 When adding field composition mix to ball diamond warning tracks the specified
type of material to be used is: Stabilizer Solutions Stabilizer Warning Track Mix.
10.0 Equipment
The contractor shall provide and have "on hand" at all times during the brickdust maintenance
operation the following equipment:
10.1 Utility Vehicle
10.1.1 Small tight turn radial (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 1/2" in diameter. Pull chain shall be
included.
10.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned
area. The leveling drag and cutting blades shall be made of galvanized steel. This
drag shall feature cutting blades that are adjustable and capable of cutting down dirt
build-up (high spots) and depositing dirt into holes (low spots) creating a smooth
and level playing surface. Pull chain shall be included.
City of 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 Tice Pitch Mound Nail
Drag or approved equal
10.3 Other Equipment
10.3.1 Hand Tamp: 20 lb. variety with 48" min. handle. Used to compact worn areas
around bases, home plate and pitching mound.
10.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent
wet clay from sticking.
10.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be made of
aluminum, 36" wide and a 6' handle.
10.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and Scoop
shovels.
10.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to 1" top quality
construction with 225-psi working pressure. Leaks of any kind are not permitted.
Contractor shall have a minimum of 175' of hose on hand at all times.
10.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push
excess brickdust off turf edges.
10.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be
24" min. wide with heavy-duty dual weight bristles.
10.4 Wet Conditions Equipment" (Add to equipment above)
10.4.1 During periods of inclement weather or when the areas are wet the contractor shall
have "on -hand" during all brickdust maintenance operations the following items:
10.4.2 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains.
Shall be 24" to 36" wide with neoprene blade and magnesium/aluminum head.
10.4.3 "Super Sopper": Used to collect standing water in brickdust areas. Shall be drum
type with exterior sponge and arm holding drum.
10.4.4 Diamond or Beckson Pump: Used to remove standing water in brickdust areas.
Shall be plastic with flexible piston and value.
10.4.5 Infield Sopper with Wringer and Bucket: Used to collect standing water in
brickdust areas. Sopper shall be geotextile-covered sponge typical for absorbing
chemical spills.
11.0 Meetings
11.1 Contractor shall provide City of Santa Ana staff with a contact English speaking person
and a phone number to reach the contact person from the hours of 6:30am — 5:OOpm,
Monday — Saturday.
11.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor". This
site supervisor shall meet with staff as requested at time and place agreed upon by both
parties for as long as the contract is in effect to discuss any problems/concerns that 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)
12.3.1 Sweep/Rake away all loose brickdust-mound mix -calcine clay.
12.3.2 Wet area until moist.
12.3.3 Scarify area (`s) [batter's box hole (`s)] with shovel. This will help the mix bind
better.
12.3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not
use infield mix for this purpose.
12.3.5 Backfill "mound -mix" material into hole (`s).
12.3.6 Tamp the area firmly with steel tamp. Note: The tamp will be most effective if you
cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic
keeps the clay from sticking to the tamp's bottom.
12.3.7 Wet area until moist using a hose and power nozzle. Cover areas with calcified
clay.
12.4 Pitcher's Mound
12.4.1 Follow same procedure for repair of home plate/batter's box area utilizing dry
"mound mix" for this purpose. Do not cover with infield mix.
12.4.2 Add to the above the following: Rake all loose material from bottom to top and
cover with "Mound Mix".
12.5 General Brickdust Skinned Infield Areas
City of Santa Ana RFP 19-093
Page 17
12.5.1 After raking/shoveling loose material from high spots back into low spots/worn
areas on running paths, sliding zones, and any other low spots/worn areas appearing
on the field, the Contractor shall fill all remaining low spots with new Stabilizer
Solutions Stabilizer Gold Infield Mix (with stabilizer). brickdust from stock and
make level.
12.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop;
dugout chain link fencing and/or infield chain link fence lines so that the infield
brickdust is level with the dugout pavement and pavement outside the infield.
12.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate
brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping
brickdust in place and not going air borne.
12.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing
drag". Circular or figure eight drag patterns shall be used (see details 1-A & 1-13).
Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and
high/low areas. Speed of drag procedure shall not exceed 7 mph.
12.5.5 When dragging the skinned infield, the contractor shall stay away from all turf
edges a minimum of 18". This will help in avoiding lips at brickdust/turf edges.
This 18' gap shall also apply to all backstops and chain link fence areas.
12.5.6 Contractor shall hand rake all base paths on combination turf/brickdust infields.
12.5.7 When the dragging process is complete, the contractor shall stop the drag in a
different location daily. This will stop the accumulation of brickdust in focused
areas. At this time roll -up the drag, place it on the vehicle and remove all debris
accumulated in the drag at this spot and rake out material emptied from drag.
12.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake". The
rake shall be held at an angle as to not push brickdust onto/into turf areas.
12.5.9 After raking the 36" edges, the contractor shall clean all excess brickdust on the
turf edges utilizing a high pressure water nozzle or heavy duty broom. NO
brickdust shall be permitted on the turf edges at any time. If in the determination of
City staff, an unsafe lip situation exists (an unsafe lip is %" or greater) in any
turf/brickdust border area infield to brickdust, base -paths or brickdust to outfield),
contractor will be required to remove or level the soil build-up with a sod cutter and
re-establish the in -field boundaries with a string line or suitable method and re -sod
up to the border to remedy the situation at contractors expense. Pre-existing
conditions shall be corrected during contract start-up.
12.6 Final Watering
12.6.1 This is the most time consuming and a very important element of the procedure.
12.6.2 The contractor shall final water the skinned brickdust to a depth of/4" minimum.
13.0 Rainy Weather/Wet Field Procedure
13.1 On the next scheduled working day after a rainfall, the following procedure, in the order
listed, shall be adhered to:
13.1.1 Remove all standing water from low spots either by skimming off excess water and
spreading it out to dry areas or using a pump/sopper system.
13.1.2 Rake out (scarify) wet areas.
13.1.3 Apply Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) from stock
to all Wet Areas and Rake Out. Cap with calcified clay Turface.
City of 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 fill any remaining low spots with new Stabilizer Solutions
Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Cap with
calcified clay Turface. Note: Staff shall identify areas to scarify/cut and level drag to the
contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2
of contract).
14.2 Heavy water scarified and cut and leveled areas to a 1/2" min. depth and allow settling in
before play on field. Note: Due to heavy watering and its need to settle before play, staff
shall provide a schedule of bi-monthly scarify/cut and level drag dates to contractor.
15.0 Work to be Completed "ANNUALLY"
15.1 Each year, the following renovation is to be done on all fields in conjunction with the City's
Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year.
15.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built
up amounts of materials at high spots and cut and level drag the scarified material
to low spots. The Contractor shall fill any remaining low spots with new Stabilizer
Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and
make level. Note: Staff shall identify areas to scarify/cut and level drag at the
November meeting with contractor's owner (as per section 6.3 of contract).
15.1.2 Contractor shall verify and maintain all base distances, pitching rubber distances
and pitching mound specifications per the Little League, Pony/Colt League
specifications for each specific field. Contractor shall use surveying equipment to
verify first and third base are true 90 degree angles, second base is 45 degrees and
foul poles are in the correct location from the apex of home plate. Contractor shall
repair any specifications not being met on any field. In addition, the Director's
Representative may elect to pay extra for the Contractor to install 1/2" new
Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) to in -fields at all
diamonds (minimum 25 tons per Girls Softball/Major Little League Field and
minimum 50 tons per Junior/Senior Little League Field). Also, the Director's
Representative may elect to pay extra for the Contractor to install a minimum of 2
ton of Turface calcite clay per Girls Softball/Major Little League Field and 4 tons
of Turface calcite clay to Junior/Senior Little League Fields Responsibility for and
purchase of necessary materials shall be at contractor's expense.
15.1.3 Contractor shall rebuild pitcher's mound and batters boxes to MLB specifications
for high school/college/senior-junior diamonds and Little League specifications for
Little League major diamonds using Hill Topper Mound Mix capped with calcified
clay by Turface.
16.0 Work To Be Completed "AS DIRECTED"
16.1 Replace Base Anchors as directed. Note: City of Santa Ana uses the Hollywood
Breakaway base anchoring system. Contractor shall install base anchors into the ground
per manufacturer's standards. Top of stake shall be approximately 2" below the surface
grade so that the base sits level and flush against the surface on all sides.
City of Santa Ana RFP 19-093
Page 19
16.2 Replace Bases as directed. Note: City of Santa Ana shall be responsible for supplying all
necessary base anchors and/or bases to the contractor as needed.
16.3 Replace or Remove/Level/Re-Install home plates as directed. Home plate shall be 1" above
finish grade of batters circle.
16.4 Replace or Remove/Level/Re-Install pitching rubbers as directed.
Note: City of Santa Ana shall be responsible for supplying all necessary home plates and/or
pitching rubbers to the contractor as needed.
16.5 When given direction to complete "as directed" work, contractor shall complete the
directed work on the next working day.
17.0 Sport Turf (Infield/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. L2 Sport turf shall be cut between'/z" and 1/4" per Director's Representative direction.
17.1.3 All turf clippings shall be collected and disposed of.
17.1.4 Edging of infield arc shall be performed by infield sub. Straight lines shall be edged
by running a string line to assure lines are edged perfectly straight.
17.2 Sport turf shall be irrigated to maximize healthy growth of the turf while conserving water.
Over watering will not be acceptable.
17.2.1 Contractor shall check and program the automatic irrigation controller as often as
necessary to assure the correct amount of water is applied to the infield sport turf.
17.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden
hose on an as needed basis to assure a high quality turf infield.
Optional As Extra Work — Sport turf shall be fertilized two (3) times per year in the
first week of January and April and when the field is renovated each year per the
agronomic plan. The Contractor shall use California Organic products `Phyta-
Boost' 7-1-2 fertilizer at 600 pounds per acre, and `Compel' compost at 300 pounds
per acre.
17.2.3 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No
hand distribution will be allowed.
17.2.4 Sport turf shall be aerated using a walk behind piston type aerator as often as
deemed necessary by Staff.
17.3 Sport turf shall be kept weed free at all times.
17.3.1 Any grasses other than the original hybrid Bermuda, and cropped over perennial
rye installed in the infield shall be eradicated immediately upon notice. The
City of Santa Ana RFP 19-093
Page 20
Contractor may choose the method of eradication, however, may not damage the
turf.
17.3.2 Any broadleaf and/or turf type weeds shall be eradicated immediately upon notice.
The Contractor may choose the method of eradication, however, may not damage
the turf.
17.4 Sport turf shall be kept pest free of disease and rodents at all times.
17.4.1 The Contractor shall be responsible for identifying and treating any diseases or
rodents immediately upon notice.
17.5 Sport Turf Renovation-Overseeding
17.5.1 Sport/Priority turf shall be renovated-overseeded each year per the Sport/Priority
Turf Annual Schedule. All seed quantities and type specified shall be verified by
the Director's Representative prior to any applications. The process for renovation-
overseeding shall be as follows:
17.5.2 Contractor shall install a 6' high temporary construction fence around the
sport/priority turf areas prior to commencing renovation-overseeding work. Note,
the fence shall be installed on the perimeter of the sport/priority turf to be
renovated-overseeded in accordance with the park map depicting the sport/priority
turf areas.
17.5.3 Turf shall be mowed down to 1/4". All turf clippings shall be removed.
17.5.4 Turf shall be aerated using the Ryan piston driven aeration equipment. Contractor
shall make two -passes in different directions per the Director's Representatives
direction.
17.5.5 Turf shall then be verticut using the greens mower with verticut reels (straight
blades 1.5" to 2" apart) Following verticutting all turf clippings shall be removed.
17.5.6 Contractor shall coordinate with the Irrigation Consultant to confirm all irrigation
has been tested and restored to original design specifications prior to overseeding.
17.5.7 Once the Irrigation Consultant verifies the irrigation system is working efficiently,
the Contractor shall evenly overseed the turf using a) Stover Seed Company's
Grand Slam FS in the fall/winter at a rate of 350 pounds per acre; and, b) Stover
Seed Company's Pro Sportfield Extreme in the spring/summer at a rate of 65
pounds per acre.
17.5.8 Immediately after overseeding the Contractor shall evenly apply 1/4" minus STA
approved compost topper from R&S Soils to all turf applied at a rate of 35 cubic
yards per acre mixed with California Organic 7-1-2 Phyta Boost organic fertilizer
at a rate of 600 pounds per acre (35 c.y. top dress mix/600# 7-1-2 organic fertilizer).
17.5.9 Immediately following applying topper the Contractor shall coordinate with the
Irrigation Consultant to program irrigation controllers to irrigate the seeded areas.
The irrigation programs shall be set to maximize germination of seed. Once the
renovation process is complete, the Irrigation Consultant shall retake control of the
irrigation programming.
17.6 Overseeding Germination Guarantee
17.6.1 The Contractor shall guarantee 100% uniform germination within 10 weeks from
the time the first application of seed or will sod any thin or bare areas with "thick
cut" (thickest available cut) West Coast Turf Improved Kikuyu during warm season
and West Coast Turf Improved Kikuyu Sod that has been "cropped over" with
perennial rye grass. Renovation must be completed within three months of field
City of Santa Ana RFP 19-093
Page 21
closure. The Director's Representative shall determine the quantity of thick cut sod
needed to achieve 100% coverage.
17.7 Replanting
17.7.1 As turf begins to stress, die back, or become thin in appearance for any reason, the
Contractor shall immediately install thick cut sod (thickest available cut) West
Coast Turf Improved Kikuyu during warm season and West Coast Turf Improved
Kikuyu Sod that has been "cropped over" with perennial rye grass.
apply supplemental water to hydrate the affected area(a). The Contractor shall also
meet with the Irrigation Consultant and coordinate the irrigation programming to
germinate seed. The Contractor shall then overseed these turf areas using Stovers
Seed Company AZ1 Kikuyugrass (spring/summer) or Stovers Grand Slam FS
(fall/winter) seed at the manufacturer's recommended rate and process. The
Contractor shall use STA approved 1/2" minus compost seed topper at a rate of 35
cubic yards per acre pre mixed with California Organic 6-1-2 Kickstart fertilizer
at a rate of 600 pounds per acre.
17.7.2 Should the Contractor's seed germination effort fail within four (4) weeks of effort,
the Contractor shall install thick cut sod to those turf areas using West Coast Turf
Bandera Bermuda cropped over with perennial rye grass (fall/winter) and West
Coast Turf Bandera Bermuda (spring/summer).
17.7.3 The Contractor understands and accepts that at the beginning of the agreement there
may be existing turf areas that are thin or bare. The Contractor, by entering into
the agreement, shall routinely and at no extra cost to the City, repair thin or bare
turf areas by overseeding or sodding with approved seed or sod until a thick healthy
stand of turf is established.
17.7.4 The Contractor also understands and accepts that park areas are very heavily used,
including increased foot traffic, and other uses and, therefore, acknowledges that
he/she will immediately respond to thin or bare areas in turf without delay.
17.8 Cricket Pitch Special Maintenance
17.8.1 Monthly Rolling of Pitch — Each month the Contractor shall use a clean 3-5 ton
asphalt roller (free of asphalt, oil, etc.) to roll the pitch.
17.9 Annual Cricket Pitch Turf Renovation (30'x70"
17.9.1 Each year the cricket pitch turf shall be renovated by: 1) sod cutting/removing the
old pitch; 2) topdressing 1/4" USGA mix by Simplot; 3) applying California Organic
Kickstart 6-1-2 organic fertilizer at 600 pounds per acre rate; 4)laser grading the
pitch; 4) installing West Coast Sod Bandera Hybrid Bermuda 1-1/4" thick cut sod;
5) rolling the pitch/level by hand and 3-5 ton asphalt roller; and, 6) installing a 6"
chain link construction fence around the pitch to remain until the turf is firmly
rooted.
18 General Contract Provisions
18.7 Contractor shall provide and is responsible for all equipment necessary to carry out the
work outlined in the contract. There will be no available storage for equipment. Contractor
City of Santa Ana RFP 19-093
Page 22
will be responsible for bringing in and then removing all equipment necessary to carry out
the work outlined in the contract.
Contractor Responsibilities:
1.0 GENERAL CONDITIONS
1.1 Definitions-
1. 1. 1 "Director's Representative" shall mean the Executive Director of Parks, Recreation
and Community Services designated representative(s).
1.1.2 "SAPRF" shall mean Santa Ana Park and Recreation Facilities.
1.1.3 "Pruning" shall mean the practice of removing lateral shrub or tree branches and
may also be referred to as "trimming."
1.1.4 "Weed" shall mean any undesirable or misplaced plant.
1.1.5 "Hardscape" shall mean any resilient surface other than turf or planting beds, such
as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt
pavement, mow strips, bollards, signs, grandstands, benches, picnic tables, drinking
fountains, BBQ's, fencing, railing, tire stops, etc.
1.2 Scheduling of Work -The Contractor shall provide landscape/grounds maintenance
between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may
be modified only with the Director's Representative consent. Landscape/grounds
maintenance that generates excess noise cannot begin before 8:00 a.m.
1.3 The Contractor shall establish schedules of "routine work" to be followed in the
performance of this contract. In addition to the Contractor submitting the Monthly Park
Maintenance Inspector's Inspection Schedule and other required monthly reports, the
Contractor shall submit weekly schedules listing the work tasks, crew performing the task,
and the projected hours to complete the task. The schedules shall be emailed to Director's
Representative by Thursday at 4:00pm 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.
1.2 Local Office - The Contractor shall maintain a physical office within the 714 area code
(local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m.
with a company representative present at all times. Answering services or mobile
telephones will not be considered a local office.
1.3 Emergency Response — The Contractor shall have an emergency "Stand-by" staff person
assigned to respond to urgent calls after hours. The Contractor shall have the capability to
answer calls immediately and respond to after-hours service within one (1) hour from the
time the call is made.
1.4 Extra Work or Outside the Scope of Work -Damage or malfunction to site amenities, plant
material or irrigation system equipment by any of the following may be considered outside
the scope of this Agreement unless otherwise specified herein:
-Acts of God
-Civil Disorder
-Vehicle Collision (excluding Contractor and its employees and subs)
City of Santa Ana RFP 19-093
Page 23
-Excavation or Re -surfacing of the Street
-Power Failures
-Underground Wiring Damage
-Extra Work Requested by the Director's Representative
Contractor will not be considered responsible for replacement. Contractor must prove to
the satisfaction of Director's Representative that one of the above occurred in order to be
excused from performing under the Agreement.
Extra Work or Outside the Scope of Work -Damage (a.k.a. Extra Work) shall be
compensated:
i Labor- 25% above prevailing wage
ii Materials- 15% above retail contractors cost
ii Equip Rent-15% above contractor's cost
All Extra Work or Outside the Scope of Work -Damage work shall be performed by
Contractor's staff other than the routine maintenance staff assigned to the contract. Any
staff routine maintenance Contractor's staff discovered performing Scope of Work -
Damage work shall not be charged as Extra Work.
2.0 UNIFORMS AND VEHICLES IDENTIFICATION
2.1 The Contractor shall provide to all field personnel a standard uniform including but not
limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests
and ANSI approved safety shoes. All uniforms will be marked by patch, silk screen or
embroidery with the company name and logo or other form of identification.
2.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging
to the Contractor, well maintained, in excellent working condition, be clean in appearance
and without extensive visible damage, dirt graffiti etc. In addition, all vehicles shall have
the company's name, contractor's license number and contact information clearly
identified on both sides and the rear of the vehicle.
2.3 The Director's Representative reserves the right to direct the Contractor to remove an
employee or piece of equipment for not meeting high maintenance and appearance
standards.
3.0 SAFETY REQUIREMENTS
3.1 All work performed under this contract shall be completed with maximum safety as the
priority above all other requirements. The Contractor shall be incompliance with his/her
companies City approved Illness and Injury Prevention Program and all Federal, State and
Local OSHA requirements, laws and regulations.
3.2 All work performed under this contract shall be performed in strict compliance with all
federal, state and local safety laws, regulations or other authoritative mandates that protect
workers and the general public, including but not limited to, excavation/trenching/shoring,
blood borne pathogens, hazardous waste identification and transport and pesticide use and
reporting.
City of Santa Ana RFP 19-093
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3.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's
Representative may at his discretion order the Contractor to stop performing and pay all
costs and or damages resulting from the delay.
3.4 The Contractor shall perform all safety training required by OSHA, CalOSHA and any and
all authoritative government entities having authority over required safety training.
3.5 In addition, the Contractor shall submit to the Director's Representative each year upon
renewal of the agreement his/her updated Illness and Injury Prevention Plan which shall
include the annual OSHA safety training schedule and update OSHA safety training
records and employee safety training certificates. All OSHA Training shall be performed
by a certified OSHA Trainer.
4.0 SAFETY NOTIFICATION
4.1 If Contractor identifies a potential safety issue, Contractor shall:
4.1.1 Notify the public that potentially unsafe conditions exist by installing yellow
"Caution Tape" and "A" frame barricades or equal substitute around the condition.
4.1.2 Notify the Director's Representative of the condition first by phone and then in
writing (e-mail is acceptable) including digital photographs of the potential safety
concern. Once the Contractor has notified the City and the public of the condition,
as specified above, Contractor shall have no further responsibility regarding the
condition.
5.0 UNDERGROUND ALERT SYSTEMS
5.1 Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48-
hours in advance prior to any excavation work.
6.0 PROPERTY DAMAGE
6.1 Any damage to private property caused by Contractor shall be immediately reported to the
property owner. Contractors shall pay for any damage caused to private property in
performing this agreement.
7.0 ACCESS TO PRIVATE PROPERTY
7.1 Prior to any work involving private property, the Contractor shall notify the City of the
proposed work and obtain all necessary permits and/or consent required from City and/or
property owner
8.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
8.1 The Contractor shall protect City and/or private property adjacent to work areas including
sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls,
sidewalks, street paving, etc., located on either public or private property. Contractor shall,
at its expense, replace any property that is removed or damaged, other than property pre -
approved for removal. Contractor shall abide by the City's "Policy for Driving on Park
Property" (See Attachment 4).
City of Santa Ana RFP 19-093
Page 25
9.0 TRAFFIC CONTROL
9.1 The Contractor will not interrupt traffic flow on City streets without obtaining a no -fee
permit from the City. Prior to performing maintenance activities where Contractor
employees work immediately adjacent City vehicular lanes or any other situation covered
under the California MUTCD, the Contractor shall implement no -fee permitted City
approved traffic safety plans to protect the health and welfare of its employees and the
general public prior to commencement of the agreement.
10.0 MONTHLY REPORTS
10.1 Prior to the first of each month the Contractor shall submit to the Director's Representative
for approval:
10.1.1 The Excel Park Maintenance Inspector's Inspection Schedule including a detailed
annual, monthly, weekly and daily work schedules consistent with task frequencies
in Exhibit A;
10.1.2 A copy of certified payroll sent to the Department of Industrial Relations on the
required format/forms of employees assigned to the contract areas;
10.1.3 An updated organizational chart, or equal, listing the names, titles, schedules and
number of Full -Time Equivalent (FTE'e) assignments of all persons working in the
contract areas;
10.1.4 Invoices and packing slips of name, type and quantities of commodities purchased;
10.1.5 Green Waste recycling report including tonnage and name/location of the green
waste recycling plant.
The information contained in the above referenced documents shall be updated with any
new information as changes occur. The Director's Representative shall be immediately
notified of any changes to the above information.
Failure to submit a report by the first of each month shall result in a fine of $100.00 per
day for each report submitted late.
11.0 WATER CONSERVATION & PROGRAMMING OF CONTROLLERS
11.1 The City shall be responsible for programming irrigation controllers and conserving water.
The Contractor shall be responsible for all repairs to lateral lines, rotors/heads/fittings.
12.0 SPECIFICATIONS INTERPRETATION
12.1 The intent of these specifications is known by the City of Santa Ana and SAPRF. Any
questions relating to the interpretation of these specifications must be addressed, in writing,
prior to the start of work. The Contractor agrees that interpretations of this contract after
the start of work are at the sole discretion of the Director's Representative, and the
Contractor shall abide by all such interpretations
13.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
13.1 The Contractor shall exercise due care in protecting from damage all existing facilities,
structures, and utilities, both above surface and underground on the City's property. Any
City of 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 SAPRF. The City of Santa Ana and/or Director's
Representative shall make the determination of fault. The Director's Representative
reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair
any damage, within twenty-four (24) hours of the damage incurred.
13.2 If the Directors Representative requests or directs the Contractor to perform work in a given
area, it will be the Contractor's responsibility to verify and locate any underground systems
(i.e. utility lines) and take responsibility for taping reasonable precaution when working in
these areas.
13.3 Contractor shall call Underground Alert (800) 422-4133) at least two working days prior
to digging for line locations. Any damage or problems shall be reported immediately to
the Director's Representative and the City of Santa Ana. If the Contractor discovers
something unexpected or a unique problem occurs, he should stop work and immediately
contact an authorized Director's Representative for a timely resolution of the problem.
14.0 SUBSTITUTIONS
14.1 Whenever a specific type of material is specified, no substitutions shall be allowed without
written consent of the SAPRF representative.
15.0 CERTIFICATION & APPLICATION OF MATERIALS
15.1 All materials shall be delivered on the site in original containers. Materials shall be subject
to inspection by the Director's Representative. The Director's Representative will not
approve materials not meeting the SAPRF standards, and Contractor shall return any such
non -satisfactory items at his/her cost.
15.2 No materials shall be applied prior to the Director's Representative verifying the specified
quantities of materials. Furthermore, should the Contractor apply materials before the
Director's Representative verifies correct materials and quantities, the Contractor shall not
receive credit for the applied materials. The Contractor shall then reorder and deliver the
materials, thereby not receiving credit for the applied materials.
16.0 CONTRACTOR NEGLECT
16.1 Any damage to the City of Santa Ana, SAPRF, or private property, which has been
determined to be due to the Contractor's neglect, shall be corrected at no additional cost to
the City of Santa Ana or the SAPRF.
17.0 CONSTRUCTION EQUIPMENT
17.1 The Contractor shall take all necessary precautions for safe operation of his equipment and
the protection of the public from injury and damage from such equipment.
18.0 SOUND CONTROL REQUIREMENTS
City of Santa Ana RFP 19-093
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 the job or related to the job shall be equipped
with a muffler of a type recommended by the manufacturer of such equipment. No internal
combustion engine shall be operated on the project without said muffler. Full
compensation for conforming to the requirements of this section shall be considered as
included in the prices paid for the various contract items of work involved and no additional
compensation will be allowed therefore. Sounds, such as loud music, that are not related
to the project, shall be kept at levels so as to not disturb the general public.
19.0 INQUIRIES AND COMPLAINTS
19.1 The Contractor shall maintain an office at some fixed place and shall maintain a telephone
thereat, listed in the telephone directory in his own name or in the firm name by which he
is most commonly known. Furthermore, the Contractor shall, at all times, have some
responsible person(s), employed by the Contractor, to take the necessary action regarding
all inquiries and complaints that maybe received from the City of Santa Ana, Director's
Representative, and/or private citizens during normal working hours.
Whenever immediate action is required to prevent impending injury, death or property
damage to the facilities being maintained, the Director's Representative may, after
reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF
work force. All costs of any such action shall be charged against the Contractor, or the
Director's Representative may deduct such cost from any amount due to Contractor.
All complaints shall be abated as soon as possible after notification, to the satisfaction of
the City of Santa Ana and/or Director's Representative. If any complaint is not abated
within a reasonable time, the Director's Representative shall be notified immediately of the
reason for not abating the complaint followed by a written report to the Director's
Representative within five (5) days. If the complaints are not abated within the time
specified or to the satisfaction of the Director's Representative, the Director's
Representative may correct the specific complaint and the total cost incurred by the SAPRF
will be deducted and forfeit from the payments owing to the Contractor from the SAPRF.
Such cost shall include all SAPRF staff time required to resolve the problem and
appropriate overhead charges
20.0 NOTIFICATION OF LOCATIONS OF WORK
20.1 The Contractor shall notify the Director's Representative when the contractor's crews will
be working within the SAPRF. Said notifications will be made on a daily basis by
telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks
work locations.
21.0 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 commodity delivered and the quantity.
23.0 TRASH DISPOSAL AND RECYCLING
23.1 All organic waste (including leaves, grass clippings, brush, branches, and tree parts)
resulting from work performed under this contract shall be disposed of pursuant to the
requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot
be taken to a landfill. Every month, the Contractor shall submit receipts from licensed
composters/green waste recycling facilities, to the Director listing the tons of organic waste
recycled and the names and addresses of the composting or processing companies.
23.2 As an alternative, the City may allow Contractor to dispose of green waste and trash in bins
City of 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 will the contractor be allowed to dispose of trash or
green waste that was not collected as part of this contract. If the City finds that the
contractor is disposing of trash from other contracts, the City will discontinue this service
for the contractor and the contractor will be required to pay for their own trash service.
24.0 PREVAILING WAGE DETERMINATION
General prevailing wage determination made by the Director of Industrial Relations pursuant to
California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 is:
CRAFT: ## LANDSCAPE MAINTENANCE LABORER
DETERMINATION: SC-LML-2019-1
ISSUE DATE: February 22, 2019
EXPIRATION DATE OF DETERMINATION: March 31, 2019* Effective until superseded by a
new termination issued by the Director of Industrial Relations.
City Responsibilities
1.0 CITY -DIRECTOR'S AUTHORITY
The Director's Representative is the only person authorized to direct changes in any of the
requirements under the Agreement and, not withstanding any provisions contained elsewhere in
the Agreement, and said authority remains solely in the Director's Representative. In the event
that the Contractor effects any such changes at the direction of any person other than the Director's
Representative, the changes will be considered to have been made without authority and solely at
the risk of the Contractor. In addition, the Director's Representative shall have the authority to
accept/reject materials, workmanship and to make changes in work or schedule, when the City
determines that no extra costs are involved. The Director's Representative shall also have the
authority to suspend portions of the specifications and withhold the cost of the suspended portion
of the agreement at his/her discretion.
The intent of these specifications is known by the City of Santa Ana. Any questions relating to
the interpretation of these specifications must be addressed, in writing, prior to the start of work.
When the performance of the work or completion per schedule is determined to be sub -standard
or not on schedule, the Director's Representative may recommend that all or a portion of payment
be withheld. In addition, the Director's Representative shall have the option to hire another
qualified contractor to perform any portion of the work specified and withhold payment in the
amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from
the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the
Contractor shall be liable for said deficiency and will be billed accordingly.
The Director's Representative shall decide all questions, which may arise as to the interpretation
of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of
the Agreement by the Contractor, interpretation of the specifications, and compensation, including
completion of work by alternate sources.
City of Santa Ana RFP 19-093
Page 30
Special Requirements
See -ATTACHMENT 4: ADDITIONAL PROVISIONS
City of Santa Ana RFP 19-093
Page 31
Appendix
ATTACHMENT 1A
LIST OF SUBCONTRACTORS
City of Santa Ana RFP 19-093
Page 32
Appendix
ATTACHMENT 2
STANDARD AGREEMENT -SAMPLE
(non -substantive changes may occur)
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 2019 by and between
, ("Consultant'), 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").
RF.f TTAT,fi
A. The City desires to retain a consultant having special skill and knowledge in the field of-
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. 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 consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and
conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall 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 services
described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates
and charges identified in Compensation - Exhibit B.
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 which may reasonably
be expected by City.
This Agreement shall commence on [enter a Start Date or "the date first written above"] for a number (#)
year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by
the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.
City of Santa Ana RFP 19-093
Page 33
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor
and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -
employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the
professional manner in which Consultant performs the services which are the subject matter of this Agreement;
however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
5. 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 Consultant under this Agreement
("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were provided to
Consultant 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.
6. 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 naming the City, its officers, employees, agents, volunteers and representatives as
additional insured(s) and shall include, but not be limited to protection against claims arising from
bodily and personal injury, including death resulting therefrom and damage to property, resulting
from any act or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall
be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers,
employees, agents, and representatives as additional insured(s); (b) be primary and not
contributory with respect to insurance or self-insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of not
less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and
non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the
Labor Code, 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
City of Santa Ana RFP 19-093
Page 34
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.
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 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. Where the amounts or coverage provided by the certificates of insurance provides coverage
greater than those listed by this Agreement, the amounts provided by the certificates of
insurance shall be incorporated by reference into the Agreement.
V. Consultant shall supply City with a 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 forthwith 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.
7. 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 terins 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.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
City of Santa Ana RFP 19-093
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Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against
any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in the work product or documents provided by Consultant to the City
pursuant to this Agreement.
9. 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.
10. CONFIDENTIALITY
If Consultant receives 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 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.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which
would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and
local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, 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
City of Santa Ana RFP 19-093
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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, the terms and conditions hereof, shall not bind or obligate
Consultant 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 is not embodied herein.
14. 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 which are the subject to this Agreement performed by City personnel or by other consultants retained
by City.
15. TERMINATION
This Agreement may be tenninated by the City upon thirty (30) days written notice of termination. In
such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services
performed by Consultant 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 Consultant to deliver to the
City all work product(s) 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 which fails to meet the standard of performance specified in
the Recitals of this Agreement.
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. 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.
18. 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 States, the State of California, the City of Santa Ana and all other governmental
agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such
City of Santa Ana RFP 19-093
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permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
19. 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 courtesy copies to:
Executive Director, ------- Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Consultant:
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be
effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly
registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication
shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. 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 of Santa Ana RFP 19-093
Page 38
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
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Executive Director
[INSERT] Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONSULTANT:
(name)
(title)
Tax ID#
City of Santa Ana RFP 19-093
Page 39
EXHIBIT A
SCOPE OF SERVICES
(from Attachment 1 of RFP)
EXHIBIT B
CONSULTANT PROPOSAL
FEE SCHEDULE (OR) RATES AND CHARGES
EXHIBIT C
CERTIFICATIONS
(from Attachment 3 of RFP)
City of Santa Ana RFP 19-093
Page 40
APPENDIX
ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
IN -FIELD BALL DIAMOND MAINTENANCE
(DISTRICT 1, 2,3 & 4)
RFP NO.: 19-093
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
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 or sham bid.
Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof
shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification
may subject the certifier to criminal prosecution.
Signed
State of California
County of
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
City of Santa Ana RFP 19-093
Page 41
APPENDIX
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
IN -FIELD BALL DIAMOND MAINTENANCE
(DISTRICT 1, 2,3 & 4)
RFP NO.: 19-093
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and
belief, that:
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,
an 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 malting 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 Major League Infields, Inc.
Signed and Printed Name:
Title president
Date November 3, 2019
David R. Johnson
City of Santa Ana RFP 19-093
Page 42
APPENDIX
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
The undersigned contractor or corporate officer, during the perfon-nance of this contract, certifies as follows:
1. The Contractor shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The Contractor 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 Contractor 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 Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
3. The Contractor 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 Contractor's commitments under this section, and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
4. The Contractor 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 Contractor 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 Contractor'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 Contractor 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 Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the
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 Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the
Contractor may request that the United States enter into such litigation to protect the interests of the United
States.
City of Santa Ana RFP 19-093
Page 43
8. 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, physical handicaps, mental condition, marital status, or sex of such persons, except
as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties
imposed for a violation of the Chapter.
Signed:
Title: President
Film:
Major League Infields, Inc.
Date: November 3, 2019
City of Santa Ana RFP 19-093
Page 44
APPENDIX
ATTACHMENT 3-4: AGREEMENT STATEMENT
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
IN -FIELD BALL DIAMOND MAINTENANCE
(DISTRICT 1, 2,3 & 4)
RFP NO.: 19-093
Proposer understands that the PROPOSER will enter into an Agreement similar to that as shown in Attachment
2, in the Appendix of this RFP. PROPOSER will be asked to sign a tentative agreement that will be subject the
City final approval. 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:
N/A
Firm
Maior League Infields, Inc.
Signed and Printed Name: David R. Johnson
Title
President
Date
November 3, 2019
City of Santa Ana RFP 19-093
Page 45
APPENDIX
ATTACHMENT 3-5: FEE SCHEDULE
CERTIFICATIONS
CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR
IN -FIELD BALL DIAMOND MAINTENANCE
RFP NO.: 19-093
***Pricing information for each site should be as accurate as possible. Based on funding availability, the City may
remove a site from the scope of work without affecting pricing for other sites.
DISTRICT 1
ANNUAL AMOUNT
El Salvador Park
Riverview Park
Rosita Park
TOTAL
DISTRICT 2
ANNUAL AMOUNT
Cabrillo Park
Morrison Park
Portola Park
Santiago Park
TOTAL
COST PER
DAY OF
SERVICE
PER WEEK
FOR A
YEAR*
DISTRICT 3
ANNUAL AMOUNT
Delhi Park
Madison Park
Memorial Park
TOTAL
COST PER
DAY OF
SERVICE
PER WEEK
FOR A
YEAR*
COST PER
DAY OF
SERVICE
PER WEEK
FOR A
YEAR*
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I
have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing
conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any
errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
COST PER
DAY OF
SERVICE
PER WEEK
FOR A
YEAR*
DISTRICT 4
ANNUAL AMOUNT
Adams Park
Centennial Park
Heritage Park
Jerome Park
Thornton Park
Windsor Park
TOTAL
Proposal Item Price - Provide costs for in -field ball diamond maintenance. Fee must be inclusive of all costs, including but
not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. The proposer
warrants that the prices, terms and conditioned quoted will be valid for a period of 120 days from the date the proposal is
due, in order to allow time to award an agreement.
David R. Johnson President
Printed Name of Authorized Agent Title
Signature of Authorized Agent
11/3/19
Date
City of Santa Ana RFP 19-093
Page 46
APPENDIX
ATTACHMENT 4: ADDITIONAL PROVISIONS
1. TERM
The City plans to award an agreement that shall commence upon execution of the agreement through
January 31, 2014 at the same yearly fee structure identified in Attachment 3-5 Fee Schedule, exercisable by the
City Manager and the City Attorney, unless terminated earlier in accordance with terms of the agreement.
2. ADDITIONAL SERVICES
The City reserves the right to request additional services associated to in -field ball diamond maintenance.
Prior to performance of any work the City will negotiate scope/pricing and the contractor must provide a quotation
for the requested work that is to be approved in writing by the City. City written approval may be in the form of
an "Authorization for Extra Work" form.
3. POLICY FOR DRIVING ON PARK PROPERTY
Driving on park turf is allowed only when necessary to perform an official City maintenance or business
function, and under the following circumstances:
A. When delivering over 30 lbs. of equipment or supplies to a job site
B. When there is no improved surface within 40 yards of the worksite
C. When emergency personnel are responding to an emergency, or performing other City business
When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to
sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities.
D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park
Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the
employee or contractor and designate the path in and out of the park that will be the least likely to cause
damage.
E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods
after rain and heavy watering.
F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual
inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations.
City of Santa Ana RFP 19-093
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