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HomeMy WebLinkAbout25J - AGMT - TURF REPLACEMENTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2016 TITLE: AGREEMENT WITH FIELDTURF FOR SYNTHETIC TURF REPLACEMENT SERVICES AT DAN YOUNG SOCCER COMPLEX FIELDS #2 AND #4 (RFP NO. 16-01) (PROJECT 16-2660 AND 16-2666) (STRATEGIC PLAN NO. 6, 1 F) (SURPLUS ALLOCATION FUNDING) / CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _":e - k ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on Zed Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO IJIR41THIII&IIA 7 Authorize the City Manager and Clerk of the Council to execute an agreement with FieldTurf to provide synthetic turf field replacement services for a one-year term beginning May 8, 2016, in an amount not to exceed $1,035,675 over the life of the agreement, which includes a 15 percent contingency, subject to nonsubstantive changes approved by the City Manager and City Attorney. Project in accordance with the Council approved Surplus Allocation Plan as of October 20, 2015. Department: Project: Category Total Funding: Parks and Recreation Dan Young Soccer Court Field #2 Syn Turf Parks $640,000 DISCUSSION The Dan Young Sports Complex (DYSC) is located at 3000 W. Edinger Avenue in Centennial Regional Park. Field No. 4 was constructed with synthetic turf in 2004 and Field No. 2 was constructed with synthetic turf in 2005. Both fields were constructed with complete drainage systems underneath the synthetic turf. Due to heavy use, weathering, and expiration of synthetic turf service life, the turf needs to be replaced. This turf replacement project involves removal and disposal of the worn turf, inspection of the drainage system, preparation for new turf, and installation of the synthetic turf system in Centennial Regional Park Field No. 2 and Field No. 4. The project also includes providing maintenance equipment and training necessary for the upkeep of the synthetic turf fields. 25J-1 Agreement with FieldTurf for Synthetic Turf Replacement Services Agreement May 3, 2016 Page 2 A Request for Proposals (RFP No. 16-01) for DYSC Field Numbers 2 and 4 Synthetic Turf was posted on the City website on March 9, 2016, with proposals due on March 31, 2016. Six proposals were received from different synthetic turf firms. Most firms submitted multiple synthetic turf products for a total of 13 different products. The proposals from the firms and corresponding product options were review by a four -member committee comprised of Public Works Agency and Parks & Recreation staff. The firms were evaluated based on qualifications, understanding of needs, and overall proposal. Consideration was given to all the synthetic turf products based on manufacturing quality and product specifications. Each product proposal fee schedule was evaluated, resulting in a percentage score assigned for each firm/product combination. This process ensured the selection of a qualified firm and a quality synthetic turf product. The final rankings of the top six firm/product proposals are as follows: Rank Firm / Product Score 1 FieldTurf / FTRV 360 94 2 FieldTurf / XM6-60 84 3 Shaw / Momentum SD 72 4 Hellas / Matrix Real 72 5 Hellas / Matrix 46oz 70 6 OHNO Construction / MTHM 68 The proposal from FieldTurf with FTRV 360 synthetic turf provides the best combination of synthetic turf quality, installation services, and proposed price to complete the project. The firm's rates are reasonable and within industry standards. Therefore, staff recommends that FieldTurf be retained to provide synthetic turf replacement services using FTRV 360 synthetic turf. The base and extended services by FieldTurf are estimated to cost $904,905. Staff also recommends authorization of a $130,770 contingency (approximately 15 percent of the base services) to cover unforeseen work related to the synthetic turf replacement. The resultant contract amount is not to exceed $1,035,675. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2016-43 was filed for these projects. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy F (perform periodic measurements to monitor and update each asset's condition and ensure adequate funding for repair and/or replacement costs in future budgets). 25J-2 Agreement with FieldTurf for Synthetic Turf Replacement Services Agreement May 3, 2016 Page 3 FISCAL IMPACT Funds for this project in the amount of $517,837.50 are budgeted and available for expenditure in the FY 2015-16 Capital Improvement Program (Project 16-2660) in the Strategic Plan Fund - Parks, Recreation and Community Services Agency account (No. 05213018-66220) and Parks Acquisition & Development Fund -Residential Development District 2, in Lieu, account (No. 31213261-66220). Funds in the amount of $111,771.50 are also budgeted and available in the FY 2015-16 Capital Improvement Program (Project 16-2666) in the Strategic Plan Fund -Parks, Recreation and Community Services Agency account (No. 05013018-66220). Funds in the amount of $406,066.00 will be budgeted and appropriated for Project 16-2666 in the Capital Improvement Program FY 2016-17 in the Strategic Plan Fund -Parks, Recreation and Community Services Agency Account (No. 05013018-66220). Preliminary estimates of fiscal year expenditures for this project are as follows and are subject to change. Any unspent encumbered balance will be carried forward into subsequent fiscal years as needed to fulfill the agreement obligations. Contract Period Project No. Account No. Amount FY 2015-16 (May -June) 16-2660 05213018-66220 $50,000.00 FY 2015-16 (May -June) 16-2660 31213261-66220 $122,439.89 FY 2015-16 (May -June) 16-2666 05013018-66220 $111,771.50 FY 2016-17 (July -May) 16-2660 31213261-66220 $345,397.61 FY 2016-17 (July -May) 16-2666 05013018-66220 $406,066.00 TOTAL: $1,035,675.00 :;red fleoZuesoatipo Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency FM/EWG/ML Exhibits: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: nf'asceri. r.:, Francisco Gutierrez Executive Director Finance & Management Services Agency IF 25J-3 25J-4 CONSULTANT, AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 'L8th day of NU 2016 by and between FieldTurf , (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of: Synthetic turf fields to replace existing worn-out synthetic turf soccer fields at Dan Young Soccer Field Complex Fields #2 and #4. The required services include but are not limited to the removal and recycling of existing worn-out synthetic turf and the installation of new synthetic turf system. 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 dining 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. The Scope of Services shall include a Schedule for the Delivery of Services, which shall be delivered as scheduled, beginning upon the City's issuance of a Notice to Proceed. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for fee of $904,906, at the rates and charges identified in Exhibit B attached hereto and incorporated by reference. A contingency of fifteen percent (15%) shall be available, at the sole discretion of the Executive Director of Public Works, for services that are currently not anticipated, but may be required to complete the Project. The total stun to be expended under this Agreement shall not exceed $1,035,675 during the tern of this Agreement. 3. TERM This Agreement shall commence on May 81h, 2016 for a one (1) year term', unless terminated earlier in accordance with Section 15, below. Exhibit 1 25J-5 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 insured's 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. 05 03 16 XXX PWA 07a Agieement wField Tm-f for Dan Young Sports Complex Tu f Replacement -Exhibit l (002) Page 2 of 8 25J-6 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 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. 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 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION 05 03 16 XXX PWA 07a Agreement wField Turf For Dan Young Sports Complex Turf Replacement - Exhibit l ()02) Page 3 of 8 25J-7 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. Conflict may be farther specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. DISCRIMINATION 05 03 16 XXX PWA 07a Agreement wField Turf for Dan Young Sports Complex Turf Replacement - Exhibit I (002) Page 4 of 8 25J-8 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 and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive staternent 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 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 maybe terminated by the City upon thirty (3 0) 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. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, 05 03 16 XXX PWA 07a Agreement wField Turf for Dan Young Spoils Complex Turf Replacement - Exhibit 1 (002) Page 5 of 8 25J-9 interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United 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 permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. PAYMENTS & INVOICES a. Payment by City shall be made within 45 days (forty-five) 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. b. Invoices should be submitted on the 15th of each month and shall include the following information at a minimum: V. Consultant's invoice number and City's agreement number vi. Beginning and ending dates for services vii. City Project and/or Task Order number and/or name (if applicable) viii. Work site address/location (if applicable) ix. Tasks or deliverables completed and percentage (%) of total services completed. X. Remaining Overall and Task Order budget available 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be 05 03 16 XXX PWA 07a Agreement wField Turf for Dan Young sports Complex Tui' Replacement - Exhibit 1 (002) Page 6 of 8 25J-10 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: Fred Mousavipour Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Consultant: Pedro Azevedo Chief Financial Officer FieldTurf 7445 Cote de Liesse Road Suite 200 Montreal, QC H4T Fax: 514-340-9374 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. 05 03 l6 XXX PWA 07a Agreement wField Turf for Dan Young Sports Complex Tu f Replacement - Exhibit t (002) Page 7 of 8 25J-11 ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORDO: SONIAR. CARVALHO City Attorney-----� Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency C[TY OF SANTA ANA David Cavazos City Manager CONSULTANT: (Pedro Azevedo) (Chief Financial Officer) 'Pax ID# 05 03 16 XXX PWA 07a Agreement wPield Tmi for Dan Young Spons Complex Tuff Replacement- Exhibit[ (004) 25J-12 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES 25J-13 ADDENDUM ONE (3/22/2016) Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DAN YOUNG SOCCER COMPLEX FIELD #2 AND #4 SYNTHETIC TURF RFP NO.: 16-01 Introduction and Backtiround: The Dan Young Sports Complex (DYSC) is located at 3000 W. Edinger Avenue in the Centennial Regional Park of Santa Ana. Field #4 was constructed with synthetic turf in 2004 and field 42 was constructed with synthetic turf in 2005. Both fields were constructed with complete drainage system underneath the synthetic turf. Due to heavy use, weathering and expected life of synthetic turf, the current turf needs to be replaced. The drainage system underneath the field appears to be structurally sound. Field size and description: Field #2: 85,000 SF with soccer and football striping Field #4: 75,200 SF with soccer striping only Description of Work: The city wishes to engage a firm to replace two existing worn-out synthetic turf soccer fields with new and improved synthetic turf. This RFP is soliciting proposals to accomplish the replacement and installation of synthetic turf fields in a design -build manner. The required services include the removal, recycling of the existing worn-out turf, and the installation of synthetic turf system in Centennial Regional Park field #2 and field #4 of the City of Santa Ana. All work shall be done per Greenbook Standards. The services also include providing maintenance equipment and training that the firm considers necessary for the upkeep of the synthetic turf field. It is the responsibility of the firm to provide all labor, materials, equipment and tools necessary for the complete installation of the synthetic turf. Task 1: Review and Assessment The firm is responsible for assessing the existing field #2 and #4 inclusively and recommending the most relevant type of synthetic turf for the City's need from the initial proposal. • Review the current synthetic turf field system, underlying drainage system, and as -built plans (for reference only). • Identify what needs to be removed, salvaged, repaired, installed, etc. • Inspect and test underlying drainage system for any damages. • Perform percolation test to ensure the drainage meets the new turf system. • Submit work plan and cut -sheets detailing the process of replacing synthetic turf. Task 2: Improvements The firm is responsible for the design and build of the proposed improvements. • Remove and recycle existing synthetic turf. • Repair and modify the drainage system as needed or required by the new synthetic turf specifications. City of Santa Ana RFP 16-01 2TJ'14 ADDENDUM ONE (3/22/2016) Laser Level/Re-Grade synthetic turf base if needed. Install new synthetic turf per standards and specifications submitted in Firm/Contractor Proposal. Install field striping and marking. Task 3: Maintenance and Warranty A. Provide maintenance equipment required for surface brushing, aerating, racking, sweeping, and tow trailer for hauling equipment off site. Provide maintenance instructions and training to City staff that will be maintaining the fields. Firm is also responsible for providing any other equipment that is required or recommend for the long term maintenance and upkeep of synthetic turf fields. B. The firm is encouraged to list their recommended maintenance equipment and the cost for each. The City will decide on which items they will be included as part of the awarded contract. The cost proposal of the equipment will be weighted separately based on the equipment that the City will decide to purchase. C. Warranty shall cover, in general, the usability of the turf surface, accessories, use characteristic, and suitability of installations. All items covered by warrant are to be replaced or repaired with new materials, including installation at the sole expense of the warranting contractor for the period of eight (8) years to the City, for the designated uses. D. A principal of the applicable firm, duly -authorized to make contracts, shall sign the warranty. This warranty document must list all warranty items and procedures. E. The turf is to be tested for dynamic cushioning ("G" Test) by a licensed testing laboratory acceptable to the City at completion of the installation shortly prior to acceptance inspection by the City, at the anniversary date of the second year, and 60 days prior to the anniversary date of the warranty expiration. Fee Proposal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The firm must use this form (one for each product per specifications) to list the price of the system that is proposed. Description Field #2 Synthetic Turf/ SF include warrant SF 85,000 $ Field #4 Synthetic Turf / SF include warrant SF 75,200 $ Design & Repair Incidental Drainage* SF 8,000 $ Replace damaged perimeter wood edging Field #2 LF 250 $ Laser Level Re -Grade Filed #2 $ Laser Level Re -Grade Field #4 $ Additional Costs: Inlaid Soccer Field Markings $ Gmax Tests before completion $ Gmax Tests during warranty period EA 5 $ TOTAL $ *Proposers are required to confirm the suitability and the compatibility of the existing underlying drainage system and sub -grade with the proposed synthetic turf. Proposers are allowed to schedule an individual field walks to conduct any required testing. This item is to be used if the existing drainage system and sub -grade are unsuitable and incompatible with the proposed system. If the drainage system and sub -grade is suitable and compatible with the proposed synthetic turf enter $0. City of Santa Ana RFP 16-01 2*#*.r 5 Firm must use this form to describe the recommended equipment and provide the cost of each unit in the following table. Maintenance Equipment: Description of Equipment Unit Quantity Cost/Unit Total The fee proposal will be opened and reviewed concurrently with the proposal, and weighted per the percentage identified in "I. GENERAL". City Responsibilities: The City will be responsible for providing As -Built plans and project information such as copies of available plans and existing documentation on file relating to the Dan Young Soccer Fields. Manufacturing and Product Specifications Submittals: Include Manufacturer's specifications for materials and installation including but not limited to height of exposed fiber, depth of infill, physical properties of infill, weight of infill, designated proportions of infill, seaming method, and installation methods. Include a currently valid certificate of compliance for the approved synthetic turf system from an independent laboratory such as Testing Services, Inc of Dalton, GA (706-226-1400) or other laboratory, pre -approved by the City, showing the following data: A. Pile Height, Face or Pile Weight and Total Fabric Weight, ASTM D5823 or D5848 B. Total Backing Weight, ASTM D5848 C. Grab Tear Strength, ASTM D5034 Provide the following materials or data (per each product if submitting multiple options): (1) One (1) boxed fabric samples infilled to the proper depth. (Label clearly the name and specifications of material submitted) (2) One (1) fabric only samples, minimum approximately 18" by 24" with seam joint, backing and perforations and a tufted -in white and yellow stripes, 4 -inches wide. (Label clearly the name and specifications of material submitted) City of Santa Ana RFP 16-01 2TJ116 (3). One-quart sample of infill materiat(s) and corresponding sieve analysis from a testing laboratory. (4). Copy of the sample 8-year, insured warranty and insurance policy information. (5). Copy of the sample certificate of insurance policy information. (6). Copy of a published independent safety study of the proposed synthetic turf system. (7). Copy of a GMAX test report from a recent project of the same proposed synthetic turf system. (8). Manufacturer's data, photographs, maintenance manuals and operating instructions for synthetic turf maintenance equipment. (9). Manufacturer's MSDS data on synthetic turf system and seam adhesives (10). The firm is also encouraged to provide as much information as possible about the synthetic turf in the following table. City of Santa Ana RFP 16-01 23UP-17 a. Product Name: FTRv 360 2. s YARN PHYSICAL PROPERTIES SPECIFICATION Unit S STANDARD Fiber Denier Yarn linear density) 14, 500 Denier DI577 Grab tear (length) >200 Lbs D5034 Grab tear (width) >200 Lbs D5034 Maximum elongation 51.7 % D3575 Pile yarnt e P lResistant NA yethylene NA Tape thickness 380 Microns D3218 UV Performance Pass se naa pas cableRDe NA UV warrant 8 Years ISO 4892-2 Yarn BreakingStrength 27.82 IsF D2256 Yarn MeltingPoint 246 D789 Yarn Structure Monofilament NA CARPET PHYSICAL PROPERTIES Pile height 2.5 Inches D5823 Pile weight (Face weight) 42 OZ/SY D5848 Stitch gauge (tuffs aero 3/4 Inches OC D5793 Total backing weight 21+ OZ/SY D5848 Tuff bind without infill 8+ Lbs/Force D1335 System Physical Properties Depth of infill 1.75 Inches Exposed height of fiber 0.75 Inches Percentage of weight of rubber infill to sand infill 33%/3 Lbs/SF Percentage of weight of sand infill to rubber infill Lbs/SF 67a/6.z Permeability 40 Inches/Ho ur D4491 Drainage type; holes or pores Pores NA NA Pill burn test Pass D2859 Pounds of rubber infill per square foot 3 Lbs/SF Pounds of sand infill per square foot 6.2 Lbs/SF Pounds of total infill per square foot 9.2 Lbs/SF Rubber infill manufacturer 3AS Recycling Seam type; glues or sewn sewn Shock attenuation over warrant X200 G -Max F1936 Size of rubber infill 14-30/ 10-14 MM Size of sand infill 20-40 MM Type of sand infill: Silica Type of rubber infill; ambient or cryogenic Cryogenic Weight of system with infill 1,388 OZ/SY NA Weight of system without infill 63 OZ/SY D5848 City of Santa Ana RFP 16-01 25JA$ b. Are there options to the proposed system? Yes: = No: Please use additional sheets when needed to explain or clarify any options to the proposed system. c. Does the system have unique environmental benefits? Yes: ® No: Explain: d. Describe your Warranty, Maintenance, and Service. Yes: ® No: Please us additional sheets when needed to explain or clarify. City of Santa Ana RFP 16-01 M49 b. Are there options to the proposed system? Yes; F-71 No; = Please use additional sheets when needed to explain or clarify any options to the proposedsystem. XM6-60 offered in fee proposal as alternate c. Does the system have unique environmental henefits? Yes: = No: Explain; The proposed infill can be removed / cleaned and replaced into a new system. All FieldTurf Products are 100°% recylable Making a real difference: 31,066,000,000 - Gallons of Water saved since 1995 1.04,000,000 - Tires diverted from landfills since 1995 329,720,000 - Pounds of Fertilizer eliminated since 1995 d. Describe your Warranty, Maintenance, and Service. Yes: = No: Warranty: 8 Years pre -paid warranty * see sample warranty in product binder. Maintenance / Service: FieldCare program added as an additional option. Sweeping and brushing of the field plus infill verification. For any service needed contact toll free at 1-800-724-2969. Please us additional sheets when needed to explain or clarify. City of Santa Ana RFP 16.01 Page 16 25J-20 Minimum Specifications for Synthetic Turf System Materials: A. Material that fails to meet these minimum specifications will be rejected. The material specifications in this section are minimums. The manufacturer of the synthetic turf fiber and fabric may elect to exceed these specifications to insure compliance with all requirements and the warranty as specified in this section. Provide a fee proposal that would meet these minimum requirements and a separate fee proposal that exceeds these specifications. Specify which specifications the firm recommends for installation. B. Pile Yarn shall be textured 100% polyethylene athletic quality yarn designed specifically for outdoor use and stabilized to resist the effects of ultra -violet degradation, heat, wear, water and airborne pollutions. Item ASTM Property 1. D1577 Yarn Denier 2. D2256 Yarn Breaking Strength 3. D2256 Yarn Elongation 4. D789 Yarn Melting Point Minimum Specifications 7,000 1.2 gmd/denier 9% to break 2400 F. C. Fabric Composition: Shall consist of slit film texturized 100% polyethylene yarn tufted into polypropylene backings coated with high-grade latex or polyurethane to assure suitable tuft bind strength, dimensional stability, and long-term wearing properties. The following minimum specifications shall apply to synthetic turf systems that utilize sand and rubber infill materials. Item ASTM PropertX 1. D418 Pile Weight 2. D418 Primary Backing 3. D418 Back Coating 4. D418 Total Weight 5. D418 Pile Height 6. D1335 Tuft Bind (without infill) 7. D1682 Grab/Tear Strenght 8. D2859 Pill Burn Test Minimum Specifications 33 oz/sq yard 7 oz/sq yard total 18 oz/sq yard 58 oz/sq yard 2.3" 7 tbs. 170 lbs. Pass City of Santa Ana RFP 16-01 25-x-21 The following minimum specifications shall apply to synthetic turf systems that utilize all rubber infill materials. The pile weights listed are minimums for the polyethylene yarn only and do not include any supplemental fibers of other composition. 1. D418 Pile Weight (w/o supplemental fibers) 35 oz/sq yard D418 Pile Weight (with supplemental fibers) 30 oz/sq yard 2. D418 Primary Backing 7 oz/sq yard total 3. D418 Back Coating 22 oz/sq yard 4. D418 Total Weight 62 oz/sq yard 5. D418 Pile Height 2.00" 6. D1335 Tuft Bind (without infill) 10 lbs. 7. D1682 Grab/Tear Strength 175 lbs. 8. D2859 Pill Burn Test Pass D. Color of synthetic turf to be Green and approved by City with white and yellow/gold for the lines and markings. The fiber used for the lines and markings shall be of the same composition as that used for the green field areas. City of Santa Ana RFP 16-01 25Jg LL 25J-23 m n o ;f a llfs. .3i rc r r � E � n � " o c Y ILL_ E� N e Y 9 G E � rl Ell F f' E r r _ a n r ♦ 3 � g 3 � F .. r. 3 F. r E r 3 9 ^ A A a a A A A A A ^ a a ^ a LL v v a a v e ^ a 25J-23 EXHIBIT B COMPENSATION Fee Proposal including hourly rates (from Consultant Proposal) The total compensation may include a line item for the cost from the Fee Proposal, followed by a line item for any contingency, followed by a grand total not to exceed (NTE) Amount. This is what may be transferred to the front page of the contract. 25J-24 Reld"I""urf t Sports Company ®scription- `, ®®; Unit : Quanfiltp antity : Gost/Unit' `;Tnt�i `• w ®�:���F,� '�t O MAN 'R r Laser Level Re -Grade Filed #2 7. Inlaid Soccer Field Markings! 6. Laser Level Rk-Grade Field #4 R i Footballmarkings •'2I�I,IIII Soccer5. 7, Inlaid Field Markings ,,- Football markingson Field ` 4a .�t 1 al® R Desai fio'n Unit : Quanfiltp os iRe-GradeField 7. Inlaid Soccer Field Markings! R i Footballmarkings •'2I�I,IIII R ,kirmo ,,- .�t 1 al® Felffwf- 7445 Cbte-de-t.lesse Road Suite 200 - Montreal, QC H4T 102 -Tel i-800 7242960 - Fax (614) 340-3374 wwwBoldTurf,com 25J-25 FlueldTurf A Ta rkett S ports Co m pa ny Maintenance Equipment: 1. SweepRight Pro EA 1 $4500.00 $4500,00 2. GroorriRight Pro FA 1 $5000.00 $5000.00 EA 1 4.EA I 5. EA I FieldCare Maintenance Program Visits § Years (Field #2 and Field #4) (2 Visits for 6 EA 10 $1500.00 $15,000.00 �A �Ql_ j et 4C /00�& W13/ 2t F13 Pedro Azeveda Chief Executive Office, Finance rieldTurf USA Inc. CA#849044 DIR#1000004625 FieldTuif-7445COte-da-Liesse Road WWOO—Miinlreal, QC H4T 1(32 —Tel 1-800-724-2969 -Fax (514) 34H374 www.FieldTurf.com 25J-26 EXHIBIT C CERTIFICATIONS C-1 through C-3 25J-27 — — --- APPENDL% ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA. REQUEST FOR PROPOSALS FOR DAN YOUNG SOCCER COMPLEX FII+,LD #2 AND 94 SYNTHETIC TURF RFP NO.: 16-01 NON -COLLUSION AFFIDAVIT (Title 23 United Suites Code Section 112 and Public Contract Code Section 7106) To tho 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 fixe bid isnot made in the interest of, or on behalf of, any undisclosed Person, partnership, company, association, cgganuadon, 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 pat in a tease or sham bid, and has not directly or uxdirectly colluded, conspired, comilved or agreed with, any BIDDER. or anyone else to put in a sham bid, or that aixyone shall refrain from bidding; that the BIDDER has not in any manner, directly of 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 secrue any advantage against the public body awarding the contract of anyone interesiod in the proposed contract; that all statements contained in the bid are true; and, further, that fixe 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 acollusive, or sham bid. Note: The above Non -collusion Affidavil fs part of the Proposal. Signing this Proposal on the signature portion thereof slial al o constitute sigua of tl Non -collusion Affidavit. BIDDERS are cautioned that making a false certification ysbjectfhe�eeocTi prosecution. Signed nc1. CaanKy OR q Subscribed and sworn to (or affirmed) before me on this day of c -(&24b by (� Az_ -_o proved to me onthe basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal 800hos chrislapor Papaxiaa # 212767 City of Santa cAnaa RFP 16-01 2SaJ'L8 APPFNDLX A7ITACI3mNT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DAN YOUNG SOCCER COIMIPLEX FIELD 92 AND 94 SYNTHETIC TURF RFP NO., The prospective participant certifies, by signing and submitting this bid or proposal, to the best of.his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of 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 contraet 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". S t This certification is a material representation offact upon which reliance was placed when iris transaction was made or entered into. Submission of this certification is a. prerequisite for making or ontervag into this transaction imposed by Section 1352; Tittle 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 andnotmore than $100,000 for each suchfa hare. The prospective participant also agrees by submitting his or herr bid or proposal that he or she shall require that the language of this cerfification be included in all lower for subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. }date Cch Zg4'Y1 0,-"l kfp City of Santa Ana RFP 16-01 2 J2029 APPENDIX ATTACHMENT 3-3: NON-DISCRIMINATION C RTIFICATION CERTIL+ICATIONS MY OF SANTA ANA RE' QUEST FOR PROPOSALS FOR DAN YOUNG SOCCER COWLEX FIELD 412 AND #4 SYNTHETIC TU. RF RFP NO.: 16-01 The undersigned firm or corporate officer, during the performance of this contract, certifies as follows: 1. The Firm shall not discriminate -against any employee or applicant for employment because of race, color; religion, sex, or, national origin. The Firm 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 Firm 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 Firm shall, in all solicitations or advertisements for employees placed by or on behalf of the Firm, state that all qualified applicants will receive consideration for employment without regard to race, color, .religion, sex, or national origin.. 3. The Firm shall send to each labor unionor representative of worker..,, with which he/she has a collective bargaining agreement or other contract or understandrig, a notice to be provided advising the said labor union or workers' representatives of the Firm's commitments under this section; and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Finn 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 Firm 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/ber 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 Firm'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 Firm 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 Firm 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 riles, 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 Firm; becomes involved in, or is threatened with, litigation with a subfirm or vendor as a result of such direction by the administering. agency, the Firm may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be inade in the employment of persons upon public works because of race, religious creed, color, national origin, anfiestry, physical handicaps, trental condition, marital status, or sex of suoh persons, e t as pravided in S tion ;1420, and any firm of publio works violating this Section is subject to all the penal es in used f is viol ion, of the Chapter. Siglied: l� C Title: Firm: Date: _"ar VA 2q'4A-1I fit 1 City of Sit a lip 16-01 — s C,nM C it 1e 4ee ova, c ; ' AI�F1� ATTACHMENT 3-4: BONDS MY OF SANTA. ANA REQUEST FOR PROPOSALS FOR D©N YOUNG SOCCER COMPLEX FILMD #2 AND #4 SYNTHETIC TITRF RFP NO.: 16-01 FATT14FU'L PERFORMANCE BOND KNOW ALL MEIN BY THESE PRESENTS that as CONTRACTOR, and a corporation, organized and existing under the laws of the State, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City"of Santa Ana, as AGENCY, in the penal sum of Dollars ($ ), which is 100 percent of the total contract :mount for the above stated project, for the payment of which sum., CONTRACTOR and SURETY agree to be, bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is abort to enter into the annexed Contract Agreement with AGFNCY dated for if CONTRACTOR faithfully performs and fulfills all obligations in the performance of the Work of Improvement to be done under said. Contract Agreement in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this day of 20—. CONTRACTOR* SURETY* Subscribed and sworn to before me, 20— Signature: Notary Public in and for the County of Rate of premium on this bond is $ Total amount of premium charge is $ State this day of per thousand. To be filled In by Surety *ProwdeCONTBACTOR1ADJ=EDSURETYnarne address andWephonenumberandthename title address and telephone Lum&eLofauthorized representative. of IWAVAIMIRKINK: "M KNOW ALI, MEN.SY THESE PRESENTS that as CONTRACTOR, and a corporation, organized and existing under the lav the laws of the State of California, as SURETY, AGENCY, intlnopenal sum of s of the State, and duly authorized to transact business under are held and firmly bound unto the City of Santa .Ana, as which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated for if CONTRACTOR or any subcontractor fails to pay for any labor or rnaterial of any kind used in the perferrnance of the Work of Improvement to be. done under said Contract Agreement; or fails to submit amounts due under the State Unemploymcut Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that airy alterations in the work to be done, materials to be furnished, or time for completion .made pursuant to the tering of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. i, IN WITNESS WHEREOF the parties hereto have set their nacres, titles, hands, and seal this day of 2Q_ . CONTRACTOR* SURETY* Subscribed and sworn to before me, .zo Signature: Notary Public in and for the County of , State of Rate ofpremium on this bond is $ ,_ _ Total amount of premium charge is $ this day of )or thousand. To befilled In by Surety Provide CONTR<4CTOR /t1DMITILD SURETi'.ngtna, address ctnd ephone number and the mm�e title address and tolezrhone number ofaufhorized rz re ent 've, WARRAINTY PERFORMANCE AND PAYMENT BOND (To be submitted upon project completion as a condition of project acceptance) KNOW ALL MFN BY TIC,SE PRESENTS that as CONTRACTOR, and a corporation, organized and existing under the laws of the State, and duly authorized to transact business larder the Iaws of the State of California, as SURETY, are field and firmly hound unto the City of Santa Ana, as AGENCY, in the penal sum of Dollars ($ } which is gS percent of the final contract amount for the above stated project, for the Payment of which sum, CONTRACTOR and SURETY agree, to be bound, jointly and severally, firmly by these presents, THE CONDITIONS Or THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR. has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated for if CONTRACTOR faithfully warrants the work done tinder said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. 1N WSTNESS WHEREOF the parties hereto have set thch names, titles, hands, and seal this day of 29. CONTRACTOR* SURETY* Subscribed and sworn to before me, zo_ Signature; Notary Public in and for the County of Rate of premium on this bond is $ — Total amount of premium charge is $ _ this day of State of )erthousand. To be filled in by S'tmety "Provfde CONTRACTOR IA.D=ED 81=nanae address and telephone number and the name tit? addvess. rznd tele hone number o1 authorized representative 16-01 ADDENDUM ONM (3/9-2/2016) APPENDIX ATTACHMENT 9-5a PREVAILING WAGE COMPLIANCE STATEMENT CITY OF SANTA ANA REQUEST FOP, PROPOSALS FOR DANT YOUNG SOCCER COMPLEX FIELD n AND ##9-4 SYM°LTETIC TURF REP NO., 16-01 Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title S, Section 16,000, et seq., C Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since fl -ie services are being performed as part of an applicable "public worlds" or. "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of'per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failuxe'or alleged failure to comply with the Prevailing Wage Laws, Tke vndersiened cerfifies that the fore ofn is htze and correef. Name of Finn Signature of BIDDER Title ('nL e (if an individual, so state) ADDENDUM. ONE (3/22/2016) APPENDIX ATTACHMENT 3-6: CONTRACTOR. LICENSING AND REGISTRATION STATEMENT CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DAN YOUNG SOCCER COMPLEX FIELD 62 AND 04,SYNTf3ETIC TURF RFP NO.: 16-01 The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (D1R), and that the following is true and. oorrect. Contractor's Name: Ft (dna of i x-� otA, _ Business Address: �-` i 4 G ( � G,���t e �� , (�- h p 2oc) �I (� , C7? Cr �i 1 i G 2 Business E -Mail Address: �5 tth�o Telephone: State Contractor's License No. and Class, License Expiration Date:CiC ToeK (2.. ' r �o State Dept. of Industrial Relations (DIR) ^� Registration No.: l f� bf� �✓ac>tJ� State Dekniration&:: strial elation, (DIR) Registrat-U0 e 3 c2(2(K) Signed: ().f © A t) Title: 3,36