HomeMy WebLinkAbout25E - AGMT - FOUNTAIN SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 19, 2017
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
APPROVE AN AGREEMENT WITH ❑ As Recommended
SERVICE FIRST CONTRACTORS DBA E]Amended
E]OOrrdinance on 151 Reading
SERVICE 1sT FOR FOUNTAIN ❑ Ordinance on 2nd Reading
MAINTENANCE SERVICES AT VARIOUS ❑ Implementing Resolution
CITY FACILITIES ❑ Set Public Hearing For
(STRATEGIC PLAN NO. 6, 1B)
CONTINUED TO
FILE NUMBER
CITYVANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute an agreement with Service First
Contractors dba Service 1st to provide fountain maintenance services in an annual amount not to
exceed $96,340, which includes a 20% contingency, for a term from January 1, 2018 through
December 31, 2019, with two, one-year renewal options for a total amount not to exceed $385,360,
subject to non -substantive changes approved by the City Manager and City Attorney.
Through the Civic Center Authority joint powers agreement with the County of Orange, the City of
Santa Ana, Parks, Recreation and Community Services Agency (PRCSA) is responsible for providing
grounds maintenance services in the Santa Ana Civic Center. As part of the services, there is routine
maintenance of the fountains located in the Downtown Civic Center, including Plaza of the Fountains
(three fountains), Plaza of the Sun, Sasscer Park, as well as the 2nd Street Mall fountain and the
Santa Ana Regional Transportation Center fountain.
On October 17, 2017, a Request for Proposals (RFPs) was issued to companies to solicit proposals
from fountain maintenance vendors to service our Downtown and Civic Center fountains. Two
proposals were received.
An evaluation committee consisting of one representative from PRCSA Civic Center Maintenance and
one from PRCSA General Maintenance reviewed and rated the proposals. The proposals were
evaluated according to the criteria listed in the RFP, which includes firm/team experience, relevant
project experience, scope understanding, references and fee. The results of the RFP evaluation were
as follows:
Vencor
Score
Service Contractors dba Service 1st
171
California Waters
151
25E-1
Agreement with Service First for Fountain Maintenance Services
December 19, 2017
Page 2
The City proposes to enter into a two-year agreement with Service 1st with two, one-year renewal
options.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #6 - Community Facilities & Infrastructure,
Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy B
(Equitably maintain existing streets and associated assets in a state of good repair so they are clean,
safe and aesthetically pleasing for all users).
FISCAL IMPACT
Funds are available and will be budgeted in the following accounts for the specified years of the initial
term:
Accounting Unit
Downtown Enhancements (no. 027101
SARTC Operation (no. 06717650-62300)
Total
FY 17/18 FY 18/19 FY 19/20
$ 41,442 $ 82,883 $ 41,442
$ 3,600 $ 7,200 $ 3,600
$ 3,128 $ 6,257 $ 3,128
$ 48,170 $ 96,340 $ 48,170
Funds will be budgeted in the following accounts for the specified years of the two, one-year renewal
terms:
Unit
uivic renter Maintenance (no. U(413LbU-
Downtown Enhancements (no. 02710133
SARTC Operation (no. 06717650-62300)
Total
Gerardo Mouet
Executive Director
Parks, Recreation and Community Services
Agency
FreU Mousavipolur
Executive Director
Public Works Agency
EXHIBIT: 1. Agreement—Service First
FY 19/20 FY 20/21 FY 21/22
$ 41,442 $ 82,883 $ 41,442
$ 3,600 $ 7,200 $ 3,600
$ 3,128 $ 6.257 $ 3,128
$ 48,170 $ 96,340 $ 48,170
APPROVED AS TO FUNDS AND ACCOUNTS:
�MraAc.� ..
Francisco Gutierrez uACcnAD
Executive Director
Finance and Management Services Agency
25E-2
00q)
SERVICE AGREEMENT FOR FOUNTAIN MAINTENANCE
BETWEEN SERVICE FIRST CONTRACTORS NETWORK
AND THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this 19th day of December, 2017 by and between
Service First. Contractors Network dba Service 1st, ("Contractor"), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California ("City').
RECITALS
A. On October 17, 2017, the City issued Request for Proposal ("RFP") No. 17-117 by which
it sought contractors to provide fountain maintenance and repair services.
B. Contractor submitted a responsive proposal and statement of qualifications on October 26,
2017, that was selected by City. Contractor represents that it 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 fountain repair and maintenance services described and set forth in
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 Exhibit B. The annual amount, including any
extension period exercised under Section 3, shall not exceed $96,340, which includes
a 20% contingency amount for services to be performed at the sole discretion of the
City. The total amount to be expended under this Agreement if all options are exercised
shall not exceed-$385,360.-
b.
xceed.$385,360.
b. 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.
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2494
3. TERM
This Agreement shall commence on January 1, 2018 and continue for a two (2) year term
until December 31, 2019, with the option for the City to grant up to two (2) one (1) year renewals,
exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in
accordance with Section 16, below.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, of seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
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.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by 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.
Page 2 of 10
A
7. 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 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
Page 3 of 10
Mp1
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.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
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.
10. 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
�CC�CC Page 4 of 10
26516
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.
11. 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.
12. 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.
13. 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.
14. 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 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.
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15. 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.
16. TERMINATION
This Agreement may be terminated 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 of the Parks, Recreation
and Community Services Agency 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.
17. 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.
18. 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.
19. 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
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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.
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 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.
21. 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, Parks, Recreation
and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-571-4221
To Consultant:
Service First
2510 N. Grand Ave., Ste. 110
Santa Ana, CA 92705
Attn: Frank Vandenberg, President
Fax: 714-573-2261
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
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?ATA
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.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIAR. CARVALHO
City Attorney
CITY OF SANTA ANA
Raul Godinez II
City Manager
SERVICE FIRST:
By: C%31j')- J _ t 14 ri - ._............. ..... __..__. _
Laura A. Rossini Frank Vandenberg
Senior Assistant City Attorney President
RECOMMENDED FOR APPROVAL:
GERARDO MOUET
Executive Director
Parks, Recreation and Community
Services Agency
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SCOPE OF SERVICES
'G i�iLa�il
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
FOUNTAIN MAINTENANCE
RFP NO.: 17-117
Description of Work
Exhibit A
The Contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation, and
supervision, except as specified herein as City furnished, to manage and perform maintenance and minor repairs
of the fountains identified below:
Fountain
Location
Service Per Week
Plaza of the Fountain #1
North of State Building
3 Times
Plaza of the Fountain #2
East of Law Library
3 Times
Plaza of the Fountain #3
South of Law library
3 Times
Plaza of the Sun Fountain
Between City Hall and Main Library
3 Times
Sasscer Park Fountain
Corner of Santa Ana Blvd. and Broadway
3 Times
F° Street Mall Fountain
Between Sycamore St. and Broadway
3 Times
Santa Ana Regional Transportation Center
1 Civic Center Drive and Santiago Street
2 Times
Responsibilities Included. Fountain maintenance and repair services covered by this specification include the
tasks shown in the table below.
Fountain Maintenance & Repair
(where ap
licable work shall be performed routinely ver manufacturers specifications)
1
I Maintain pumps
2
Maintain pump motors
3
Maintain all plumbing i.e. piping, couplings, and fittings
4
Maintain and utilize chlorine and metering/monitoring equipment*
5
Maintain filters
6
Maintain fountain nozzles free of debris. Replace when spray pattern deviates from intended
desi n
7
1 Maintain valves
Routine Maintenance and Operation To Meet All O.C. Health Department Requirements
8
Test and adjust the chlorine and other chemicals levels in the water.
9
Test the pH level in the water
10
Add acid or soda ash as necessary to adjust pH level
11
Provide all supplies (e.g., chemicals, testers)
12
Replace carbon dioxide gas cylinders when empty and without interruption to system operation
13
Empty strainer(s) (interceptor basket), skimmers and screens
14
Shock treat when required to maintain water free of algae
15
Vacuum and clean fountain
16
Adjust water level
17
Test and replace underwater lights as outages occur.
City of SaantaAna
���RFP 17-117
4n�I�F��12
Periodic Maintenance Per Manufacturers Specifications
18 Backwash and operate filter(s) as recommended by the manufacturer.
19 Replace filter medium, if necessary as recommended by the manufacturer.
*Note: It is very important and required that the contractor be experienced with the automated chemical
controllers and operate the equipment to control the chemicals on a continuous basis.
Fountain Structure Routine Maintenance and Repair
20
Repair interior fountain cracks and leaks caused by normal age and wear. Cracks and leaks
caused by extraordinary cause, i.e., vandalism, earthquake, do not apply
21
1 Replace broken or missing skimmer lids and drain covers as necessary.
Responsibilities Excluded. Fountain maintenance and repair services covered by this specification exclude the
tasks shown in the table below.
1. DEFINITIONS
Clean. Free from dirt, dust, spots, streaks, stains, smudges, litter, debris, contamination, or residue or
impurities, unsoiled, unstained, or recently washed.
Director. The Director of Parks, Recreation and Community Services or their designated representative with
the authority to enter into, administer, or terminate contracts and to make findings and determinations on behalf
of the City. This is the only individual authorized to change a contract or any of the requirements therein.
Contractor. The individual, partnership, company, or corporation responsible for the duties and responsibilities
under the Agreement. The term also covers requirements for any subcontractor. The Contractor is ultimately
responsible for ensuring that all subcontractors comply with the provision of the Agreement.
Day. A normal weekday, unless otherwise specified.
Deficiency, A shortcoming in the quality or state of service performed.
Disinfect. Cleaning in order to destroy any harmful microorganisms by application of an approved chemical
agent.
Emergency Work. Any unforeseen circumstance or combination of circumstances that requires immediate
action.
Tasks Excluded from Fountain Maintenance and Repair
Facility
Maintenance and Repair
1
Paint interior and exterior of pump/filter-room
2
Maintain um /filter room (e.., lights, ventilation)
3
Repair building electrical components
4
Replace lamps for area and general lighting
5
Repair power panels, switches, outlets, etc.
Grounds and Fencing
6
Landscape work
7
Repair fences and gates (including locks)
8
Repair or repaint signs
1. DEFINITIONS
Clean. Free from dirt, dust, spots, streaks, stains, smudges, litter, debris, contamination, or residue or
impurities, unsoiled, unstained, or recently washed.
Director. The Director of Parks, Recreation and Community Services or their designated representative with
the authority to enter into, administer, or terminate contracts and to make findings and determinations on behalf
of the City. This is the only individual authorized to change a contract or any of the requirements therein.
Contractor. The individual, partnership, company, or corporation responsible for the duties and responsibilities
under the Agreement. The term also covers requirements for any subcontractor. The Contractor is ultimately
responsible for ensuring that all subcontractors comply with the provision of the Agreement.
Day. A normal weekday, unless otherwise specified.
Deficiency, A shortcoming in the quality or state of service performed.
Disinfect. Cleaning in order to destroy any harmful microorganisms by application of an approved chemical
agent.
Emergency Work. Any unforeseen circumstance or combination of circumstances that requires immediate
action.
Environmental Pollution. The condition resulting from the presence of chemical, physical, radiological and/or
biological forces that alter the life bio systems, structures, and equipment, recreational opportunity, aesthetics or
natural beauty or the environment.
Frequency of Service. The following are frequencies and their definitions.
__FrequentlyAbbreviation
Definition
Annual
A
Services performed once during each 12 month period of
the contract
Semi -Annual
S/A
Services performed twice during each 12 month period of
the contract at intervals of 160 to 200 calendar days
Quarterly
Q
Services performed four times during each 12 -month period
of the contract at intervals of 80 to 100 calendar days.
Monthly
M
Services performed 12 times during each 12 -month period
of the contract at intervals of 28 to 31 calendar days.
Weekly
W
Services performed 52 times during each 12 -month contract
period at intervals of 6 to 8 calendar days.
Twice Weekly
2W
Services performed twice a week, such as Monday and
Thursday or Tuesday and Friday
Daily
D
Services performed each calendar day, Sunday through
Saturday, including holidays unless otherwise noted.
Three times
3W
Services performed three times a week, such as Monday,
Weekly I
Wednesday, Friday but not consecutive da s.
Hazardous Waste. Any waste materials that are toxic or poisonous, corrosive, irritating, desensitizing,
radioactive, biologically infectious, explosive, or flammable and hat present a significant hazard to human
health and the environment. Special handling procedures and disposal facilities are required for their disposal.
Minor Repairs. Repairs that are necessary for maintenance of equipment, such as refacing valve seats, and
replacing washers.
Minor Parts. Repair parts having a per item cost of $25.00 or less.
Owner. The person or persons who own a facility or part of a facility. For purposes of the contract, the City is
the owner.
Periodic Services. Services which are required less frequently than once per billing period. These normally
include services which are performed at a frequency or less than once per month, e.g., quarterly or semi-
annually.
Preventive Maintenance. Work performed by the Contractor to inspect, repair, and keep in proper operating
condition all City equipment the Contractor is responsible for maintaining.
Recyclable Materials. Materials that normally have been or would be discarded and that may be reused after
undergoing some type of physical or chemical processing. Recyclable materials do not include precious metal
bearing scrap and those items that may be used again for their original purpose or function without any special
processing.
City of Santa Ana RFP 17-117
A
Routine Services. Services which are required on a regular basis within each billing period, These normally
include services performed at a frequency or at least once per month, e.g., daily or weekly.
Work Day. A normal duty day, Sunday through Saturday.
2. FREQUENCY
Frequency of "daily" tasks shall be performed at the frequencies identified on Attachment 3-6: Fee
Schedule. Contractor shall maintain a set schedule for providing the daily tasks.
3. PERSONNEL
3.1. Project Foreman. Unless the Contractor is available as required herein, the Contractor shall provide a
Project Foreman to be available during the normal hours of operation as specified in paragraph C.1.6 to
act with full authority for the Contractor. This individual shall be responsible for the supervision,
overall administration, and coordination of all required services. The Contractor shall provide the
name(s) and telephone number(s) of the Project Foreman(s) within two weeks after contract award date.
The Contractor shall provide written notice to the Director in advance of any change of the Project
Foreman, The Project Foreman shall be able to understand, speak, read, and write the English language
as is necessary for the fulfillment of the terms of the Agreement. The Project Foreman shall return all
calls from the Director within two hours.
3.2. Alternate Project Foreman. The Contractor shall designate at least one Alternate Project Foreman to act
for the Project Foreman with the same authority during absences of the Project Foreman (e.g., vacation
and sick leave). The Contractor shall provide the name(s) and telephone number(s) of the Alternate
Project Foreman(s) within two weeks after contract award date. The Contractor shall provide written
notice to the Director in advance of any change of Alternate Project Foreman. The Alternate Project
Foreman shall be able to understand, speak, read, and write the English language as is necessary for the
fulfillment of the terms of the Agreement.
3.3. Contractor Employee Skills Required. The Contractor's employees performing the services required by
this Agreement shall have specialized training, prior work experience, or the demonstrated technical
skills to fulfill the specific requirements of these Specifications and the Agreement.
3.4. Employee Physical Capabilities. There shall be no discrimination against employees on the basis of
handicap or other physically disabling conditions. Contractor shall obey all State and Federal laws
concerning the disabled.
3.5. Standards of Conduct for Contractor Personnel. The Contractor shall be responsible for maintaining
satisfactory standards of employee competency and conduct and for taking disciplinary action against
his employees as necessary. No Contractor employee under the influence of alcohol, drugs, or any
other incapacitating agent shall be allowed on the jobsite.
The removal from the job site of a Contractor employee shall not relieve the Contractor of the
requirement to provide sufficient personnel to perform the work specified in the contract.
3.6. Uniforms. All Contractor personnel shall wear uniforms that are clean and neat and free of wrinkles,
tears, holes, frayed edges, spots, stains, body odor, and logos or graphics other than company
identification patches. All uniforms should identify the name of the Contractor. Uniforms shall be
clearly distinguishable from City employee uniforms.
City of Santa Ana
dRFP 17-117
B 14%
3.7. Director's Authority. The Director is the only person authorized to direct changes in any of the
requirements under the Agreement and, not withstanding any provisions contained elsewhere in the
Agreement, and said authority remains solely in the Director. In the event that the Contractor effects
any such changes at the direction of any person other than the Director, the changes will be considered
to have been made without authority and solely at the risk of the Contractor. In addition, the Director
shall have the authority to accept/reject materials, workmanship and to make minor changes in work or
schedule, not involving extra cost. When the performance of the work or completion per schedule is
determined to be sub -standard, he may (1) recommend that all or a portion of payment be withheld,
and/or forfeiture for delay in assessed; and/or (2) direct the work be accomplished by either City forces
or separate contractor, in order to complete the necessary work as close to schedule as possible, and
withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment
due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable for
said deficiency and will be billed accordingly. The Director or his authorized representative shall
decide all questions, which may arise as to the manner of performance and completion per schedule,
acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and
compensation, including completion of work by alternate sources.
3.8. Subcontractors
3.8.1. Designation of Subcontractors. In accordance with the provisions of Section 4100 and
subsequent section of the Government Code concerning the Subletting and Subcontracting Fair
- - - --Practices Acti bids on public contracts and -for all -work -except -the -construction; improvement,:or -
repair of streets or highways and bridges shall include a listing of all subcontractors who will
perform work or labor or render service to the prime contractor's total bid. This requirement for
the listing of subcontractors also extends to that portion of street or highway work involving street
lighting and traffic signals as noted in Section 4100.5. The portion of work, which will be done by
each such subcontractor, must be listed and only one such subcontractor shall be listed for each
portion.
3.8.2. Failure to Specify Subcontractors. If the bidder fails to specify a subcontractor for any portion of
the work to be performed under the contract in excess of one-half of one percent of the bidder's
total bid, he agrees to perform that portion himself. The successful bidder shall not, without the
written consent of the city:
3.8.2.1. Substitute any person or firm as subcontractor in place of the subcontractor designated in
the original bid.
3.8.2.2. Permit any subcontract to be assigned or transferred or allow it to be performed by
anyone other than the original subcontractor listed in the bid.
3.8.2.3. Subcontract any portions of the work after bid is submitted if the cost thereof exceeds
one-half of one percent of the total bid and a subcontractor was not designated for the work in
the original bid.
4. HOURS OF OPERATION
4.1. Normal Hours of Operation. Normal operating hours shall be from 6:30a.m. to 6:00 p.m. Sunday
through Saturday.
City of Santa Ana RFP17-117
5. CONSERVATION OF UTILITIES
The Contractor shall familiarize himself and require his employees to become familiar and comply with
standard operating procedures that comply with conservation regulations. Compliance with Energy
Conservation best practice includes:
5.1. Instructing personnel to conserve energy by turning off unneeded equipment and utilities (including
electricity and water).
5.2. Using lights only in areas where work is actually being performed.
5.3. Allowing adjustment of mechanical equipment controls for heating, ventilation, and air conditioning
systems only by authorized workers.
5A. Turning off water faucets or valves after required usage has been accomplished.
5.5. Complying with water bans imposed by local, state, or Federal agencies.
6. SAFETY.
All work performed under this contract shall be performed in a manner as to provide maximum safety to the
public and where applicable, comply with all safety standards required by CALrOSHA. The Director
reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts
are observed or reported relative to the performance of the work under this Agreement.
6.1. Safety Orientation for Contractor Personnel. The Contractor shall give each new employee performing
under this Agreement a safety orientation concerning the hazards and precautions of the job assigned
upon starting work. The Contractor shall institute a continual training program to make employees
aware of existing hazards and all new hazards relative to work performed under this Agreement.
6.2. Creation of Safety or Health Hazard. If the Contractor performs work in a manner that creates a safety
or health hazard to City or Contractor personnel or the general public, the Director may issue an order
stopping all or part of the work until the Contractor has taken satisfactory corrective action. No part of
the lost time due to such a stop in the work shall be the subject of a claim for extension or for excess
costs or damages to the Contractor.
6.3. Protective Equipment. The Contractor shall provide its employees with protection against safety and
health hazards by furnishing them with all the protective equipment needed. Such equipment shall be
approved for the use intended by the National Institute for Occupational Safety and Health or the
American National Standards Institute (ANSI). The Contractor shall post areas that require the wearing
of protective clothing or where protective equipment is necessary.
6.4. Material Safety Data Sheets. The Contractor shall submit to the Director or his designated
representative Material Safety Data Sheets for all hazardous materials proposed for use in the
performance of the contract at least one week prior to actual use. In addition, he shall maintain copies
on-site and available for review by his employees and/or the City.
7. ENVIRONMENTAL PROTECTION
The Contractor shall comply with all federal, state, and local laws, regulations, and standards regarding the
Environmental Protection and Enhancement Program.
8. CONTRACTOR FURNISHED PROPERTY AND SERVICES
8. 1. General. Contractor furnished property and services shall be compatible with existing City systems and
equipment as necessary to perform the requirements of the Agreement. The Contractor shall furnish all
property and services not specifically identified in Section C.C.4.2
8.2. Security of Contractor Owned Property. The Contractor shall be responsible for the security of
Contractor Owned Property.
8.3. Contractor Furnished Equipment. The Contractor shall provide all items necessary for the performance
of the contract including the following.
8.3.1. Tools. The Contractor shall provide all tools and repair equipment necessary for maintenance
and repair as specified in the Agreement.
8.4. Contractor Furnished Supplies. The Contractor shall furnish all supplies required for his performance
under the Agreement, including the following.
8.4.1. Chemicals. The Contractor shall furnish all chemicals and supplies to maintain the water at the
prescribed standards of purity and clarity including, but not limited to chlorine (liquid, tablets,
granular, or gaseous, depending on the type of dispensing system in use), soda ash, diatomaceous
earth, etc.
8.4.2. Test Kits. The Contractor shall furnish test kits for the purpose of monitoring and reporting
chemical levels and conditions including but not limited to chlorine levels, pH levels, and alkalinity
of the water, etc.
8.4.3. Preventive Maintenance (PM) and Minor Repair Items. The Contractor shall provide all PM and
minor repair items including, but not limited to, lubricants, minor parts, fittings, gaskets, bench
stock, paint, degreasers, etc. for performance under the contract.
8.4,4. Cleaning Supplies. The Contractor shall furnish cleaning supplies required for performance
under the contract.
9. FAILURE TO PERFORM SATISFACTORY
9.1. City Inspection. The Director or his designated representative shall regularly inspect fountains all other
City property subject to this Agreement. If said inspection results in discovery of work that is not
performed in the manner, and to the professional degree set forth in the Specifications, Contractor
agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or
estimated cost of performing the work to bring the property into conformance with the specifications.
Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per fountain, per
day not meeting the specifications during any such inspection.
City of Santa Ana gRFP 17-117
B I>f Q
9.2. Billing Adjustments. The Director may make a billing adjustment in monthly payment for the cost to
the City to remedy insufficiencies in service rendered by the Contractor. Billing adjustments for this
unsatisfactory service may be permanent retention of 100% of the estimated monthly cost for work that
is incomplete or deficient as stated herein.
10. HAZARDS
The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his
operations. Any hazardous condition noted by the Contractor, which is not a result of his operations, shall
be immediately reasonably mitigated then reported to the Parks, Recreation & Community Services Agency.
11. ACCESS TO PRIVATE PROPERTY
Prior to any work that will restrict access to private property, the Contractor shall notify each affected
property owner or responsible person, informing him of the nature of and the approximate duration of the
restriction.
12. EMERGENCY SERVICE
Twenty-four hours per day, seven days per week, the Contractor shall be able to receive and respond to the
City's call for emergency service. Response time shall be less than two hours to remove or eliminate a
public safety hazard. Contractor shall provide the City with a local telephone number where Contractor can
be contacted twenty-four hours per day, seven days per week.
13. VEHICLE PASSES
The Contractor and Contractor personnel shall obtain vehicle passes from The County of Orange Parking
Administrator, Public Facilities & Resources Department.
14.24 -HOUR CONTACT INFORMATION
The Contractor shall provide the Director with a telephone number at which a contact person for the
Contractor may be reached 24 hours a day. The contact person shall be required to respond back to the
Director or his representative within 1 hour. The contact person shall have the appropriate knowledge
and/or authority to take appropriate action in response to any emergency situation that may arise involving
the contractor's responsibilities hereunder.
E01I• 30"XI C -M
15.1. Responsibility for Work. The Contractor shall be responsible for all damages to people and/or
property that occur as a resultof the fault or negligence of said Contractor or his employees in
connection with the performance of this work.
15.2. Property Damage. Any damage to City property that occurs shall be immediately reported to the
Director. The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any
adjacent turf, groundcover, shrubs or trees as result of the Contractor's negligence for the cost for
necessary repair or replacements of the same shall be at the Contractor's expense.
COMPENSATION
Fee Proposal including hourly rates if applicable
Page 10 of 10
Exhibit B
ATTACHMENT 3.6: FEE SCHEDULE
CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR RFP NO.: 17-117
Fountain
Location Cost Per
Frequency Per
Weeks Per
Annual Cost
Service
Week
Year
Plaza of the Fountain 01
North of State Building ! e �
3 Times
52 Week
Plaza of the Fountain #2
East of Law Library Gi�
f�
3 Times
52 Week
Plaza of the Fountain #3
f L
South of Library �, S
3 Times
52 Week Is Yl.,
Plaza of the Sun Fountain
Between City Hall and Main Library 2 yes
3 Times
52 Week t 3 2 i3 $f
Sasscer Park Fountain
Corner of Santa Ana Blvd. and Broadway J, �� S
3 Times
52 Week
13 � (3
2" Street Mall Fountain
Between Sycamore St. and Broadway - i ytl -84110
3 Times
52 Week
Santa Ana Regional
13
Civic Center Drive and Santiago StreetS6
2 Times
52 Week
Transportation Center
•
Certification- I certify that I have read, understand and agree to the terns 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 clarilicationprior to the submission of my propo
at.
Proposal Item Price -Fee most be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incident
I supplies, travel,
mileage,. and fuel. The proposer warrants that the prices, terns and conditioned quoted will be valid for a period of 120 days from the date the
roposal is due, in
order to allow time to award an agreement.
"•Pricing hiforanalion for each site and each service should be as accurate as possible. Bnsed on funding availability, the City may
remove a site or
redo eWe equeney front the scope of work without affecting pricing for other sites and/or service.
P& sl'&Vvt
Prmled Nane. A o d o Title
Si amre Authorized A t Da®
\) & fit' 7,c4 - ZT 71b- r73'ZZb
Legal Name of Company Phone and Fax Numbers
yst o 01 (%jPA P-lr% ASC, �* "C' ° S A.j +.! A &)A- Cdr q 271a
Business Addreec _ t6 bXj 2—
Federal ID number (if applicable) ConuaLimUcense Number (if applicable)
Federal
City of Santa Ana RFP 17-117
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