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HomeMy WebLinkAboutSTL LANDSCAPE, INC - 2018City of Santa ! 7 Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. City of Santa Ana Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. r vn P g s k.u.3 02 2621 Is the agreement(s) a permanent record? Yes _ No Clerk of the COun ;l Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with �9-TL l o&c a�Q n No. A 0 k(C was completed on /201.0 and final payment has been made. (List all amendments. Use space below if needed.) Department: Phone/Ext.:C( Signature:`c Date: W%6ja Revised: 10-18-16 INSURANCE I jOT ON FILE A-2018.018 WORK MAY NOT PROCEED CLERK OF COUNCIL t DATE: MAR 16 2018'"-' CAA Q �\1 AGREEMENT FOR IRRIGATION CONTROL SERVICES I WITH STL LANDSCAPE, INC. (CIVIC CENTER) THIS AGREEMENT is made and entered into this bth day of February, 2018 by and between STL Landscape, Inc., a California Corporation (hereinafter "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 (hereinafter "City"), RECITALS A. On November 1, 2017, the City issued Request for Proposal ("RFP") No, 17-127, by which it sought proposals from qualified firms to complete a Civic Center Irrigation project to replace irrigation controllers associated to the police department, the stadium parking structure and the stadium. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide such services regarding the irrigation project to the City described in the scope of work that is attached to this Agreement and identified as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the irrigation project, as set forth in Exhibit A, and incorporated by reference to this Agreement. Contractor's proposal dated December 8, 2017, is also incorporated by reference as though fully set forth herein. 2. COMPENSATION a_ City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. The total amount to be expended for services during the term of this Agreement, shall not exceed $93,500, The sum of this amount includes a contingency of up to $8,500 for services as may be performed by Contractor at the sole discretion of City. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures, Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on February 7, 2018 and terminate on August 7, 2018, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 Page 2 of 8 or occurrence arising out of Contractor'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, volunteers and representatives as additional insured(s); (b) be primary 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 California Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor 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 cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnity the City for any work performed prior to approval of insurance by the City. Page 3 of 8 INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its Contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 Contractor to the City pursuant to this Agreement. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. Page 4 of 8 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. 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: Gerardo Monet, 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- 647-4211 Page 5 of 8 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 To Contractor: STL Landscape, Inc. 8122 Compton Ave. Los Angeles, CA 90001 Fax:323-581-8155 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. Page 6 of 8 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Page 7 of 8 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, acid shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 4� fN Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet Executive Director, Parks, Recreation and Community Services Agency CITY OF SANTA ANA RAUL� II City Manager STL LANDSCAPE, INC. ,r By: an Pa erson Title: Corporate Secretary Page 8 of 8 EXHIBIT A SCOPE OF WORK AND PLANS EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CIVIC CENTER IRRIGATION PROJECT RFP NO.: 17-127 IRRIGATION SYSTEM PART 1-GENERAL 1.0 SUMMARY A. This section covers the furnishings of all materials and performing all operations to provide a complete operable landscape irrigation system as shown on the drawings including the following: i. Trenching, stockpiling excavated materials and refilling trenches. 2. Irrigation system components including but not limited to: piping, backflow prevention devices and enclosures, valves, fittings, controllers, wiring and final adjustments as determined by the architect to insure efficient and uniform distribution. 3. Testing and inspection of irrigation system. 4. Clean-up and maintenance B. The conditions of the Contract and Division 1 apply to this section as fully as if repeated herein. 1.1 GENERAL REQUIREMENTS A. Code Requirements shall be those of State and Municipal Codes and Regulations locally governing this work, providing that any requirements of the Drawings and Specifications, not conflicting therewith but exceeding the Code Requirements shall govern, unless written permission to the contrary is granted by the Architect. B. Conform to the requirements of the reference information listed below except where more stringent requirements are shown or specified in the most current set of construction documents: 1. American Society for Testing Material (ASTM), for test methods specifically referenced in this section. 2. Underwriter's Laboratories (UL), for UL wires and cables. C. Work involving substantial plumbing for installation of copper piping, backflow prevention devices and other related work shall be executed by a licensed and bonded plumbing contractor. Any necessary permits shall be obtained prior to beginning work. D. Specified depths of pressure supply lines as stated in this section are minimums. Settlement of trenches lower than grades specified on the final grading plans is cause for removal of finish grade treatment, refilling trenches, compacting and repairing of finish grade treatment. E. Follow current printed manufacturer's specifications and drawings for items or information not specified or graphically indicated in the most current set of construction drawings. Scaled dimensions are approximate and at times it is not possible to indicate offsets, fittings and other related equipment graphically on the construction drawings. Contractor shall be responsible for minor changes caused by actual site conditions. Before proceeding with any work, the Contractor shall City of Santa Ana RFP 17-127 Page 10 carefully check and verify all dimensions of related architectural elements, utilities and landscaping and furnish and install required fittings. G. Do not install the conduits and irrigation equipment as shown on the construction drawings when it is obvious that actual field conditions such as physical obstructions, grading discrepancies and field dimensions vary from those recorded on the construction drawings. Immediately bring any such discrepancies to the attention of the The City of Santa Ana authorized representative prior to proceeding with work. If immediate notification is not given and such discrepancies exist, the contractor shall assume full responsibility for necessary revisions, as determined by The City of Santa Ana. H. It is the intent of the drawings and specifications to describe the intended work. If the plans or specifications are felt in any way to be incomplete, misdirecting, conflicting or subject to misinterpretation, it is the contractor's responsibility to bring these concerns to The City of Santa Ana authorized representative's attention before bidding. If he fails to do so, the contractor must accept the Architect's interpretation and assume any possible related financial impact. I. All central control system communication cable installation and splicing or radio communication shall be tested and certified in writing by CalSense representative and shall also be tested on line with the central computer. 1.2 EXISTING FIELD CONDITIONS A. Preserve and protect all existing trees, plants, monuments, structures, hardscape and architectural elements from damage due to work in this section. In the event that damage does occur to inanimate object and structures, the contractor will repair or replace such damage to the satisfaction of The City of Santa Ana authorized representative. The contractor at the contractor's expense will replace damage or injury to living plant material. B. Trenching or other work required in this section under the limb spread of existing trees shall be done by hand or by other methods to prevent damage or harm to limbs, branches, and roots. C. Trenching in areas where root diameter exceeds 2 inches shall be done by hand. Exposed roots of this size shall be heavily wrapped with moistened burlap to avoid scarring or excessive drying. Where a trenching machine is operated in proximity to roots that are less than 2 inches, the wall of the trench shall be hand trimmed, making clean cuts through roots. D. Trenches adjacent to or under existing trees shall be closed within 24 hours, and when this is not possible, the side of trench closest to the tree or trees affected shall be covered with moistened burlap. E. Protect, maintain, and coordinate work with other contracts, specifications, trades, and utilities. Extreme care shall be exercised in excavating and working in the area due to existing utilities. Contractor shall be responsible for damages caused by their operations. In the event that damage does occur, the contractor shall pay the costs of such repairs unless other arrangements have been made with The City of Santa Ana, F. Use caution where trenches and piping cross existing roadways, sidewalks, hardscape, paths or curbs. In the event that damage does occur, the contractor will repair such damage at the contractor's expense. 1.3 REQUIRED DOCUMENTS A. Submittals Submit (6) six sets of all irrigation equipment to be used, manufacturer's brochures, service manuals, guarantees, and operating instructions for approval to the architect prior to beginning work. Submittals should be in a bound form complete with table of contents. The contractor shall not proceed with work in the field until the architect approves this submittal in its entirety. City of Santa Ana RFP 17-127 Page 11 B. Service Manuals The Contractor shall furnish (4) four service manuals to the owner prior to scheduling a walk through for substantial completion. Manuals shall be submitted in a bound form complete with a table of contents, copy of contractor's warranty, and workmanship form on company letterhead and shall contain complete enlarged drawings of all equipment installed showing component warranties and catalog numbers together with the manufacturer's name and address. Manuals shall include operation instructions. Manuals shall be subject to approval by The City of Santa Ana authorized representative as to completeness. C. Record Drawings/Asbuilts These drawings shall also serve as work progress sheets and shall be the basis for measurement and payment for work completed. These drawings shall be available at all times during site reviews and shall be kept in a location designated by The City of Santa Ana authorized representative. Should the as -built blue line progress prints not be available for review or not be up to date at he time of any site reviews, it will be assumed no work has been completed and the contractor will be assessed the cost of that site visit at the current billing rate of the Architect. No subsequent site visits will take place until payment of that assessment. 2. Before beginning work in the field, the contractor shall secure a complete set of irrigation plans, details, and specifications on diazo Mylar at the original scale or electronic CADD drawings. The contractor shall be responsible for making a set of blue line prints for every week on the project. 3. Make neat and legible notations on the as -built progress sheets daily as the work proceeds, showing the work as actually installed. Should equipment location differ from the plan, indicate the new location in a graphic manner matching the original symbols in the irrigation legend. 4. Dimension from two permanent points of reference (building corners, fixed hardscape corners, road intersections, permanent existing utilities) the location of the following items: (1) Water meters (2) Connection to existing water lines (3) Back flow Prevention Device (4) Flow Sensors (5) Master Valves (6) Conduit routing (7) Controllers/Field Satellite Units (8) Grounding rods (9) Control wire routing ( if routed separately from pressure supply line) (10) Pull boxes (11) Splice boxes (12) Other equipment as directed by the architect. 5. Prior to scheduling a walk through for substantial completion, provide a record set of field as -built drawings as described above to the architect for review. After review, the architect will return the as -built set to the field foreman requesting further information or will notify the owner that the record set of field as -built drawings are complete. After approval from the owner, a walk through for substantial completion may be scheduled. 6. The contractor is responsible for delivering the final set of as -built drawings to The City of Santa Ana authorized representative prior to initiating the maintenance period. D. Operation and Maintenance Manuals: Prepare and deliver to the Architect within 10 calendar days prior to completion of construction, two hard cover three ring binders containing the following: 2. Index sheet, stating Contractor's address and telephone number City of Santa Ana RFP 17-127 Page 12 3. List of equipment, with name and addresses of local manufacturer representative. 4. Catalog and part sheets on material and equipment installed under this contract. 5. Guarantee statement &. Complete operating and maintenance instructions for all major equipment. 1.4 MAINTENANCE A. The maintenance period for irrigation shall begin after the architect provides a certificate of completion to the owner. B. The Contractor shall warrant materials against defects and guarantee workmanship for the period specified under the maintenance agreement. The Contractor shall be responsible for coordinating warranty items with manufacturer/distributor and owner. C. Settlement of trenches, which may occur during the maintenance period, will be repaired by the contractor at no expense to the owner. D. Repairs required due to vandalism before the end of the maintenance period will be performed at the contractor's expense. E. Prior to a release of responsibility at the end of the maintenance period, the contractor shall schedule a walk through with The City of Santa Ana authorized representative and disclose and provide the following: 1. Two (2) sets of the required tools for removing, disassembling and adjusting electric master control valve used on the project. 2. Two (2) keys for each controller unit. Guarantee: Submit written guarantee, in approved form, that all work showing defects in materials or workmanship will be repaired or replaced at no cost to the owner for a period of one (1) year from date of acceptance by the owner's authorized representative. 2. The guarantee form shall be retyped onto the contractor's letterhead and contain the following information: Guarantee for irrigation system — (insert Name of Project) We hereby guarantee that the irrigation system we have furnished and installed for (Insert Project Name) is free from defects in materials and workmanship, and the work as been completed in accordance with the drawings and specification, ordinary wear and tear and unusual abuse, or neglect accepted. We agree to repair or replace any defects in material or workmanship which may develop during the period of one (1) year from date of acceptance and including the repair or replacement of damage resulting from repairing or replacing of such defects at no additional cost o the owner. We shall make such repairs or replacements within a reasonable time as determined by the owner after receipt of written notice. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of such written notice form The City of Santa Ana, we authorize The City of Santa Ana to proceed to have said repairs or replacements trade at our expense and we will pay for the costs and charges therefore upon demand. City of Santa Ana RFP 17-127 Page 13 Project Name: Location (Legal Description of the Project Property): Owner: Landscape Architect: Landscape Contractor: Signed: Title: Date of Signature: Address: PART2-PRODUCTS 2.0 SLEEVES AND CONDUIT: Telephone number () A. All sleeves for pressure supply line and non- pressure supply line shall be twice the nominal size of the pipe within. B. Sleeves and Conduit material: 1. PVC SCH 40 for 1 "-2 112" pressure supply line. 2. PVC SCH40 for 3" and larger pressure supply line. 3. PVC SCH 40 for non- pressure lines. 4. One 2" PVC SCH 40 for wire conduit for up to 20 wires. 5. One 4" PVC SCH 40 wire conduit for 21 to 40 wires. 6. One 3/4" PVC SCH 40-wire conduit for flow sensing cable. 7. One 3/4" PVC SCH 40-wire conduit for master valve wire. a) Flow sensing cable and master valve wires shall be installed in their own conduit separate and apart from all other wires. 2.1 BRASS PIPE AND FITTINGS: A. Brass pipe shall be regular weight, 85% red brass, ANSI Schedule 40 screwed pipe. B. Fittings: Medium brass, screwed at 125-pound class. 2.2 BACK -FLOW PREVENTION DEVICE A. Back -flow Prevention Device: As specified on the drawings. 2.3 FLOW SENSORS A. Flow Sensors: As specified on drawings. 2.4 FLOW SENSORS CABLE A. PVC jacketed two conductor cables. The conductors shall be 16 AWG 7 strand annealed copper, conforming to ASTM B-3 and B-8 with heat and moisture resistant PVC, covered with a .004 wall of City of Santa Ana RFP 17-127 Page 14 stabilizing nylon conforming to UL 83 heated at 90 degrees Celsius. The conductors shall be twisted and encased in a single outer jacket of .050" nominal wall of sunlight and moisture resistant PVC conforming to UL, ICEA and NEMA standards. The two conductors shall be color coded with one conductor yellow and the other gray as manufactured by Arizona Electrical Fabricators model #9516-2SP. 2.5 MASTER VALVES A. Master Valves: Griswold 2250 Solenoid/Pressure Reducing/Surge Anticipation Valve, sized as specified on drawings. 2.6 VALVE BOXES A. Flow Sensors, Grounding Rods, Communication Cable Splices, and Wire Splices: Carson #910-12. B. Master Valves: Carson #1419-13B. 2.7 AUTOMATIC CONTROLLER UNIT A. Automatic Controller unit as specified on drawings. Automatic controllers and related equipment will be provided by The City of Santa Ana. 2.8 ELECTRIC CONTROL VALVE WIRE A. Low Voltage: B. AWG OF UL approved No. 14 direct burial copper wire for all control wires and No. 14 direct burial copper wire for all common wires. 1. Wire Colors: a) Common Wires- White. b) Master Valve Wires- Blue. 2. Wire Splice Connectors: Rain Bird Pentite Connectors or approved equal. C. High Voltage: Type required by local codes and ordinances, of proper size to accommodate needs of equipment serviced. FgF�7y121»4a]IDIILIW A. Sand bedding shall be construction grade. PART 3 - EXECUTION 3.0 PREPARATION A. Examine field conditions prior to beginning work described in this section. Grading operations shall be completed and approved prior to beginning work. B. Verify all sleeve locations prior to beginning work in this section. Flag all existing sleeves and conduits installed by other trades. Report any conflicts and discrepancies to The City of Santa Ana authorized representative immediately. C. Mark with powdered lime or marking paint routing of the conduits and stake the location of the pull and splice boxes. The City of Santa Ana authorized representative shall review staking and direct any necessary changes with the contractor prior to proceeding. City of Santa Ana RFP 17-127 Page 15 D. Install sleeves, to accommodate pipes and wires, under paving, hardscape areas, sidewalks, and paths. Compact back fill around sleeves to 95% Modified Proctor Density within 2% of optimum moisture contents in accordance with ASTM D1557. 3.1 EXCAVATION AND BACK FILL OF TRENCHES A. Trench excavation shall as much as possible follow the layout shown on the drawings. Trenches shall be straight in alignment and support pipe continuously on bottom of trench. Remove rocks and debris greater than 1" in diameter. Over excavate as required for bedding material. B. Depth of Trench (in landscape areas): 1. 12" minimum depth for Master Valve Conduit and Flow Sensor Conduit shall be laid on the trench with a 4" separation. Provide locator tape 6" above the conduits. 2. C. Depth of Trench (under asphalt paving or concrete): Mater Valve and Flow Sensor Conduit: 24" from top of pipe to aggregate base. a) Conduits located under asphalt paving or concrete shall be installed with the appropriate sized sleeve and back fill with sand bedding (6" below pipe and 6" above pipe). b) Compact back fill material in 6" lifts at 90% maximum density determined in accordance with ASTM D1557 using manual or mechanical tamping device. c) Flooding instead of tamping will not be allowed. d) Under no circumstances shall truck wheels be used to compact backfill. D. Width of Trench: 7" minimum. E. Boring: Boring will only be permitted where pipe must pass under an obstruction that cannot be avoided or removed. Back fill shall match surrounding soil density and grain. Boring under existing paving, sidewalks, or hard-scape may be permitted at contractor's own risk. Contractor is responsible for any repairs or damage to such items at their own expense. Back fill: Back fill of trenches may not be done until The City of Santa Ana authorized representative has reviewed the installation of the conduit. a) Material: Excavated material is generally considered to be adequate for back fill operations. Before beginning the back fill operation, insure that back fill material is free from debris and rocks greater than 1" in diameter, and is not mixed with topsoil. These materials after separated from back fill, shall be legally disposed of at contractor's expense. G. Bedding: Bed pressure conduits with construction grade sand 6" above and 6" below pipe. Remaining back fill may be as described above. a) Bed all master valve and flow sensor conduit with construction grade sand 6" above and 6" below wires. City of Santa Ana RFP 17-127 Page 16 b) When back fill, slightly mound filled trenches for settlement after back fill is compacted. Compact back fill to a 90% maximum density in accordance with ASTM D1557 with a mechanical tamper. Do not leave trenches open for a period greater than 48 hours. Open trenches shall be protected in accordance with current OSHA regulations. c) Smooth trenches to finish grade prior to requesting a walk through for substantial completion with The City of Santa Ana authorized representative. 3.2 POINT OF CONNECTION(S) A. Point of connection shall be approximately as shown on drawings. Connect new underground piping and valves and provide all flanges, adapters, or other necessary fittings. 3.3 INSTALLATION OF COPPER PIPE A. Copper piping shall be cut by a power hacksaw, a circular cutting machine using an abrasive wheel, or by means of a hand hacksaw. No piping shall be cut with a metallic wheel cutter of any description. All pipes shall be reamed and rough edges or burrs removed so that a smooth and unobstructed flow is obtained. B. Eccentric reducing fittings shall be used where any change in pipe size occurs. Bushings shall not be used unless specifically authorized by the architect. C. Apply emery cloth to all pipe ends and wipe with clean cloth prior to solder welding pipe end to fitting. Apply an even layer of flux along area to be soldered and apply solder uniformly around joint and let cool. After cooling lightly apply emery cloth along soldered area until smooth. D. All exposed piping under structural slabs shall be stenciled with "Irrigation Main" or "Irrigation Lateral" as required, at ten foot (10) intervals in black lettering, 3/4" minimum high. 3.4 INSTALLATION OF BRASS PIPE A. Brass piping shall be cut by a power hacksaw, a circular cutting machine using an abrasive wheel, or by means of a hand hacksaw. All pipes shall be reamed and rough edges or burrs removed so that a smooth and unobstructed flow is obtained. B. Eccentric reducing fittings shall be used where any change in pipe size occurs. Bushings shall not be used unless specifically authorized by the architect. C. Joint compound shall be carefully and smoothly placed on the male thread only. All screwed joints must be tightened with tongs or wrenches. Caulking of any kind will not be permitted. D. All exposed piping under structural slabs shall be stenciled with "Irrigation Main" or "Irrigation Lateral" as required, at ten foot (10') intervals in black lettering, 3/4" minimum high. 3.5 BACKFLOW PREVENTION DEVICE A. Install Backflow prevention device and associated equipment at the location as specified on drawings. B. Coordinate installation with local governing codes and ordinances. 3.6 FLOW SENSORS A. Install flow sensors as specified on drawings. B. Install flow -sensing cable in a separate conduit and connect to terminal strip at controller. 3.7 MASTER VALVES City of Santa Ana RFP 17-127 Page 17 A. Install master valves as specified on drawings. B. Install master valve wire in a separate conduit and connect to terminal strip at controller. 3.8 VALVE BOXES A. Install valve boxes with each type of irrigation equipment so that top of valve box is above finish grade as specified on the detail drawings. Valve box extensions are acceptable for master valve. B. Place gravel sump below and around each valve box prior to installing valve box as specified on the drawings. Place remaining portion of gravel inside valve box allowing full access in and around all fittings. Valve box shall be fully supported by gravel sump. No brick or wood supports are allowed. C. Brand valve box lid of associated equipment as follows: 1. Master Valve box lid with: "MV" 2. Flow Sensor valve box lid with: "FS" AR" 3. Wire Splice box lid with the letters "WS" 4. Grounding rod valve box lid with the letters "GR" a) Letter and number size of brand shall be no less than 1" and no greater than 1 1/2" in height and shall be 1/8" maximum in depth. Provide sample branding to The City of Santa Ana authorized representative prior to commencement of work. b) Walk through for substantial completion will not be allowed until all branding is complete. k':IrYDo] rriFAI[oZKeL`W.14111114:19il11 A. Verify electrical power at location of automatic controller unit prior to installation of automatic controller unit. Notify The City of Santa Ana authorized representative immediately if power source is not available. B. Hardwire controller to the on/off switch and existing power source. Controller shall not be plugged into socket provided for other equipment. C. Install automatic controller unit where shown on drawings per manufacturer's specifications. Controller shall be tested with complete electrical connections. The Contractor shall be responsible for temporary power to the Controller for operation and testing purposes. D. Connect flow sensing and master valve wiring to controller unit. E. Install a separate ground wire for each controller unit as specified on the drawings. F. Above ground conduit shall be rigid galvanized pipe with the appropriate fittings. Below ground conduit shall be PVC SCH 80 electrical conduit pipe with appropriate fittings. G. Each automatic controller unit shall be completely operable prior to scheduling a walk through for substantial completion. 3.10 ELECTRICAL WIRE A. Water Tight Electrical Connectors: Insulator tube shall be filled with a non hardening insulating gel. 2. The splices shall be UL listed for 600 volts maximum 3. Use Scotchlok electrical connectors (wire nuts) to splice wires together. City of Santa Ana RFP 17-127 Page 18 B. High Voltage Wiring: Install 120-volt power codes and ordinances contractor. 3.11 COMMUNICATION CABLE from power source to automatic controller unit following local governing All 120VAC power wiring shall be completed by a licensed electrical A. Install communication cable according to manufacturer's specifications. B. Splices in communication cable are only allowed at the following locations: 1. Within each field satellite unit. 2. At the end of each entire length of communication cable line. 3. At the communication hub unit. C. Install communication cable splices occurring at the end of each entire length in their own separate valve box utilizing manufacturer approved splice connectors. PART 4 — SYSTEM INSTALLATION OBSERVATION 4.0 QUALITY CONTROL A. Pre -construction Meeting: The contractor is responsible for contacting The City of Santa Ana authorized representative prior to beginning construction and/or ordering materials to establish a meeting to review and discuss project objectives, concerns and to review the construction documents to insure a complete understanding of required installation procedures. B. General Observation: The architect along with The City of Santa Ana authorized representative will visit the construction site at interim times during the construction process to access construction progress regarding installation of irrigation conduit and related equipment to be in compliance with the drawings, details, specifications and site conditions. The architect will prepare a site report after each visit noting progress of installation, verbal communication with the contractor and identify any field adjustments necessary which require modifications. A copy of this site report will be delivered to both The City of Santa Ana and the contractor. The contractor is responsible to immediately address each item on the site report before proceeding with further construction. C. Maintain a set of current and up to date plans on the job site at all times. No site observation will commence without as -built drawings and current plans. In the event the contractor calls for a site visit without as -built drawings, without current plans, without completing previously noted corrections, or without preparing the system for said visit, he shall be responsible for reimbursing the Architect at his current hourly billing rate, portal to portal, for the inconvenience. No further site visits will be scheduled until payment of this charge has been received. Walk Through for walk through for substantial completion: 1. Before requesting a walk through for substantial completion the following requirements must be entirely satisfied: 2. All valve boxes have been branded. 3. All automatic controllers/field satellite units are fully operable and communication has been certified and checked at the central control system. 4. Record as -built drawings have been submitted to The City of Santa Ana authorized representative for review as to completeness. City of Santa Ana RFP 17-127 Page 19 5. (4) Four Services manuals have been delivered to The City of Santa Ana authorized representative. 6. Once the above requirements have been met a walk through for substantial completion may be requested. The following procedures will be used during the walk through: a) All valve box lids shall be removed from valve boxes and placed faced up adjacent to the valve box prior to beginning the walk through. 7. The walk through will proceed as follows: a) Visual Walk Through: This will consist of examining all components of the installed system. A punch list will be established of deficiencies in the construction and workmanship of the system as compared to the construction drawings, details, and specifications. 8. Once the Walk Through for Substantial Completion has been completed the architect will provide a copy of all punch list items to The City of Santa Ana authorized representative for review and distribution to the contractor. It is the contractor's responsibility to repair, replace, and adjust all items on the punch before requesting a final walk through. Final Walk Through Before commencement of a final walk through is requested, the following requirements must be entirely satisfied: a) Each item on the walk through for substantial completion has been thoroughly addressed and resolved by the contractor. b) All final record as -built drawings have been produced by the architect and submitted to The City of Santa Ana authorized representative. c) The maintenance manual for the project has been completed and submitted to The City of Santa Ana authorized representative. 2. Once the above requirements have been met a final walk through may be requested where the architect and The City of Santa Ana authorized representative will review all corrected items. 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License No.956281A/C27 8122 Compton Avenue, Los Angeles, CA 90001 Phone (323) 581-8200 Fax (323) 581-8155 ATTACHMENT 3-8 COST OF PROPOSAL Controller 1 and 1A - Police Building Bldg 60 & 62 $ 45,000 Controller 2 - Stadium Parking Structure $ 25,000 Controller 3 L� 4-- Marquee and Stadium Tool Room — 15 000 Total $ 85,000 Alt Price for Controller 5- Coroner's Office Bldg 56 $ 20,000 Alt Price for Controllers 6, 7, 8 & 9 - Women's Jail $ 60,000 JFLELE-002 CERTIFICATE OF LIABILITY INSURANCE DATE ngm71gA4(MMIDDIYYY" ¢m�»nn o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OD79613 CONTACT Leticia Padilla _NAME Bowermaster S Associates Insurance Agency, Inc. PHONE 733-6226 FAx 10806 Holder Street, Suite 360 SAIL, No, EMI : (714 - ) (ABC, No): _ Cypress, CA 90630 EA,,m,16$jpadilla@bowermaster.com _ _ INSURER(S) AFFORDING COVERAGE _ _ NAIC N,_ _ INSURER A : WBSCO Insurance -Co. 2$D'l'l INSURED INSURER B: National Union Fire Ins. Co. of Pittsburg 19445.,. STL Landscape, Inc. msuRERc: Cypress Ins Co - _ �1.0866 8122 Compton Avenue INSURER 0 : Los Angeles, CA 90001-3916 i INSURER E __ _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !R rvoPnc,NS'RANCE r00LrSUBRI POLICY NUMBER POLICY EFF �POL^C rvawv, n,vvvv, LIMITS X COMMERCIAL GENERAL LIABILITY III, J CLAIMS MADE I X.I OCCUR X X Property Damage X Deductible: $1,000. GEYL AGGREGATE IIMiT APPLES PER: POLICY I X I P'08- 11 I Lac AUTOMOBILE LIABILITY X�ANY AUTO GUTCE ONLY I AUTOpULUED X (AItT�tQ50NLY X A(OIrOS ONLY UMBRELLA DAB A_1 OCCUR EXCESS LIAB I CLAIMS -MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y t N ANY PROPRIE-TORIPARTNEVEXECUTIVE �tFICG(i1M.EMeE� EXCLUDE UP N I A 01/05/2018 101105/2019 EACH OCCURRENCE_ DAMAGE TO RENTED PREMISES E. eEn e) MED EXP(Any_oZe peaon) PERSONAL 3 AOVINJURY GENERAL AGGREGATE PRODUCTS -COMPIOP AGG _(Fa accident) 01/06/2018 01/05/2019 BODILY INJURY tPerpQt@9n) $ BODILY INJURY(PN'aoud.,UZj$ — PFRa�a ciJent AM.aGE $ EACH OCCURRENCE _ $ 16,0 00,I 01105/2018, 0110512019 AGGREGATE $ 10'000,I 0411712017104/1712018 (ACORD Int, AddlUonal Rem de, Schedule, max No attached it. space is agents, and representatives are Additional Insured with reap, t and Non -Contributory included. cancellation applies as per policy terms and conditions. EL EACH ACCIDENT 1 $ EL. DISEASE - EA EMPLOYEE $ perform CG20100413, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) 9)1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: WPP113245704 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Blanket as required by written contract It is agreed that such insurance as is afforded by this policy for the benefit f the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and ancontributory as respects any claim, loss or liability allegedly arising out o, j the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's responsibility. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or., 2. That portion of "your work' out of which the injury or damage arises has intended use by any person or organization other than another contractor engaged in performing operations for a principal as a part of the same] 0 '5m�4\� C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc. ©Insurance Services Office, Inc.