AGR-7497 - KORMEX CONSTRUCTION INCDocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1GA
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AGR-7497 r5r
PROFESSIONAL SERVICES AGREEMENT
Irrigation Booster Pump Replacement Service]
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made at
Orange, California, on this 25th day of April 2023 (the "Effective Date") by and
between the CITY OF ORANGE, a municipal corporation ("City"), and KORMEX
CONSTRUCTION, INC., a California corporation ("Contractor"),who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement,
Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit"A,"
which is attached hereto and incorporated herein by reference. As a material inducement to City
to enter into this Agreement,Contractor represents and warrants that it has thoroughly investigated
and considered the scope of services and fully understands the difficulties and restrictions in
performing the work. The services which are the subject of this Agreement are not in the usual
course of City's business and City relies on Contractor's representation that it is independently
engaged in the business of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner
in conformance with the standards of quality normally observed by an entity provided such
services to a municipal agency. All services provided shall conform to all federal, state and local
laws, rules and regulations and to the best professional standards and practices. The terms and
conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A"
to the contrary.
Paul Miller,Parks Maintenance Supervisor("City's Project Manager"),shall be the person
to whom Contractor will report for the performance of services hereunder. It is understood that
Contractor's performance hereunder shall be under the supervision of City's Project Manager(or
his/her designee), that Contractor shall coordinate its services hereunder with City's Project
Manager to the extent required by City's Project Manager, and that all performances required
hereunder by Contractor shall be performed to the satisfaction of City's Project Manager and the
City Manager.
2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this
Agreement, shall not exceed SIXTY THOUSAND DOLLARS and 00/100 ($60,000.00) without
the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited
to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses.
c.In addition to the scheduled services to be performed by the Contractor,the
parties recognize that additional, unforeseen work and services may be required by City's Project
Manager. In anticipation of such contingencies, the sum of NINE THOUSAND DOLLARS and
00/100 ($9,000.00) has been added to the total compensation of this Agreement. City's Project
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Manager may approve the additional work and the actual costs incurred by the Contractor in
performance of additional work or services in accordance with such amount as City's Project
Manager and the Contractor may agree upon in advance. Said additional work or services and the
amount of compensation therefor, up to the amount of the authorized contingency, shall be
memorialized in the form of an Amendment to Agreement approved by the City Manager on a
form acceptable to the City Attorney. The Contractor agrees to perform only that work or those
services that are specifically requested by the City's Project Manager. Any and all additional work
and services performed under this Agreement shall be completed in such sequence as to assure
their completion as expeditiously as is consistent with professional skill and care in accordance
with a cost estimate or proposal submitted to and approved by City's Project Manager prior to the
commencement of such services.
d. The total amount of compensation under this Agreement, including
contingencies, shall not exceed SIXTY-NINE THOUSAND DOLLARS and 00/100 ($69,000.00)
3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work actually
performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
c.City will pay Contractor the amount invoiced within thirty (30) days after
the approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by City as an
amendment to this Agreement. City's Project Manager is authorized to approve a reduction in the
services to be performed and compensation therefor. All amendments shall set forth the changes
of work,extension of time,and/or adjustment of the compensation to be paid by City to Contractor
and shall be signed by the City's Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Contractor and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement,
Contractor shall be an independent contractor and not an employee of City. City shall have the
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right to control Contractor only insofar as the result of Contractor's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Contractor shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees, including compliance with social security withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by
Contractor shall not,under any circumstances,be considered employees of City,and that they shall
not be entitled to any of the benefits or rights afforded employees of City,including,but not limited
to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or
health, life, dental, long-term disability or workers' compensation insurance benefits.
7. Contractor Not Agent. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever.
8. Designated Persons. Only those qualified persons authorized by City's Project
Manager, or as designated in Exhibit"A,"shall perform work provided for under this Agreement.
It is understood by the parties that clerical and other nonprofessional work may be performed by
persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his/her designee.
10. Time of Completion. Except as otherwise specified in Exhibit "A," Contractor
shall commence the work provided for in this Agreement within five(5)days of the Effective Date
of this Agreement and diligently prosecute completion of the work.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall
do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control, other than those delays caused by City, shall be an extension of time. No matter what the
cause of the delay,Contractor must document any delay and request an extension of time in writing
at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the
length of the delay outside Contractor's control. If Contractor believes that delays caused by City
will cause it to incur additional costs, it must specify, in writing, why the delay has caused
additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No
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additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above,
absent a written amendment to this Agreement.
14. Products of Contractor. The documents, studies, evaluations, assessments,
reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products
produced or provided by Contractor for this Agreement shall become the property of City upon
receipt. Contractor shall deliver all such products to City prior to payment for same. City may
use, reuse or otherwise utilize such products without restriction.
15. Equal Employment Opportunity. During the performance of this Agreement,
Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color,religion, sex, national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: employment, upgrading, demotion
or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms
of compensation and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees
placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
c.Contractor shall cause the foregoing paragraphs(a)and(b)to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Contractor knows or has reason to know that Contractor, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify,
defend and hold City, its City Council and each member thereof, and the officers, officials, agents
and employees of City (collectively the"Indemnitees") entirely harmless from all liability arising
out of:
1) Any and all claims under workers' compensation acts and other
employee benefit acts with respect to Contractor's employees or Contractor's subcontractor's
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employees arising out of Contractor's work under this Agreement, including any and all claims
under any law pertaining to Contractor or its employees' status as an independent contractor and
any and all claims under Labor Code section 1720 related to the payment of prevailing wages for
public works projects; and
2) Any claim, loss, injury to or death of persons or damage to property
caused by any act, neglect, default, or omission other than a professional act or omission of
Contractor, or person, firm or corporation employed by Contractor, either directly or by
independent contract, including all damages due to loss or theft sustained by any person, firm or
corporation including the Indemnitees, or any of them, arising out of, or in any way connected
with the work or services which are the subject of this Agreement, including injury or damage
either on or off City's property;but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall
indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted
against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay
or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any
action, suit or other proceedings as a result of coverage under this subparagraph.
b. Reserved.
c.Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third-party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shall survive any closing,
rescission,or termination of this Agreement,and shall continue to be binding and in full force and
effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers' compensation insurance as required by law
for the protection of its employees during the progress of the work. Contractor understands that it
is an independent contractor and not entitled to any workers' compensation benefits under any
City program.
b. Contractor shall maintain during the life of this Agreement the following
minimum amount of comprehensive general liability insurance or commercial general liability
insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the
insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover
bodily injury, death and property damage and be written on an occurrence basis.
c.Contractor shall maintain during the life of this Agreement, the following
minimum amount of automotive liability insurance: the greater of(1) a combined single limit of
One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or
available to Contractor. Said insurance shall cover bodily injury, death and property damage for
all owned, non-owned and hired vehicles and be written on an occurrence basis.
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d. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Agreement
are sufficient to cover the obligations of Contractor under this Agreement.
e.Each policy of general liability and automotive liability shall provide that
City, its officers, officials, agents, and employees are declared to be additional insureds under the
terms of the policy, but only with respect to the work performed by Contractor under this
Agreement. A policy endorsement to that effect shall be provided to City along with the certificate
of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies)which evidences
that City is an additional insured as a contracting party. The minimum coverage required by
Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability
insurance that is provided as part of the general or automobile liability minimums set forth below
shall be maintained for the duration of the Agreement.
f.Reserved.
g. The insurance policies maintained by Contractor shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than
as stated above.
h. Before Contractor performs any work or prepares or delivers any materials,
Contractor shall furnish certificates of insurance and endorsements, as required by City,
evidencing the aforementioned minimum insurance coverages on forms acceptable to City,which
shall provide that the insurance in force will not be canceled or allowed to lapse without at least
ten (10) days' prior written notice to City.
i.Except for professional liability insurance coverage that may be required by
this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to
conduct the pertinent line of insurance business in California and having a rating of Grade A or
better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of
professional liability insurance coverage, such coverage shall be issued by companies either
licensed or admitted to conduct business in California so long as such insurer possesses the
aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or
is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such
costs and any and all damages resulting therefrom, by way of set-off from any sums owed
Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor
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or City with respect to the services of Contractor herein,a waiver of any right to subrogation which
any such insurer may acquire against City by virtue of the payment of any loss under such
insurance.
1.Contractor shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to City for
review and approval. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
19. Termination. City may for any reason terminate this Agreement by giving
Contractor not less than five (5) days' written notice of intent to terminate. Upon receipt of such
notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily
provided and all allowable reimbursements incurred to the date of termination in compliance with
this Agreement, unless termination by City shall be for cause, in which event City may withhold
any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
records") pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce
any of Contractor's records regarding the services provided under this Agreement. Contractor shall
maintain all such records for a period of at least three (3)years after termination or completion of
this Agreement. Contractor agrees to make available all such records for inspection or audit at its
offices during normal business hours and upon three(3)days' notice from City,and copies thereof
shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. If the work provided for in this Agreement constitutes a"public works," as
that term is defined in Section 1720 of the California Labor Code,for which prevailing wages must
be paid, to the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it,
shall pay not less than the specified prevailing rates of wages to all such workers. The general
prevailing wage determinations for crafts can be located on the website of the Department of
Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this
Agreement,Contractor must meet all State registration requirements and criteria, including project
compliance monitoring.
c.Contractor represents and warrants that Contractor:
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1) Has complied and shall at all times during the term of this
Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes,
and orders, including, without limitation, the Immigration Reform and Control Act of 1986
IRCA); and
2) Has not and will not knowingly employ any individual to perform
services under this Agreement who is ineligible to work in the United States or under the terms of
this Agreement; and
3) Has properly maintained, and shall at all times during the term of
this Agreement properly maintain, all related employment documentation records including,
without limitation, the completion and maintenance of the Form I-9 for each of Contractor's
employees; and
4) Has responded, and shall at all times during the term of this
Agreement respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the
Department of Homeland Security, the Department of Labor, or the Social Security
Administration.
d. Contractor shall require all subcontractors or subconsultants to make the
same representations and warranties as set forth in Subsection 21.c.
e.Contractor shall, upon request of City, provide a list of all employees
working under this Agreement and shall provide,to the reasonable satisfaction of City,verification
that all such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by Contractor. Once such request has been made, Contractor may not
change employees working under this Agreement without written notice to City, accompanied by
the verification required herein for such employees.
f.Contractor shall require all subcontractors or sub-consultants to make the
same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing
work under this Agreement who is not authorized to work in the United States, and/or fails to
follow federal laws to determine the status of such employee,that shall constitute a material breach
of this Agreement and may be cause for immediate termination of this Agreement by City.
h. Contractor agrees to indemnify and hold City, its officers, officials, agents
and employees harmless for,of and from any loss, including but not limited to fines,penalties and
corrective measures City may sustain by reason of Contractor's failure to comply with said laws,
rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance
with and governed by the laws of the State of California and Contractor agrees to submit to the
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jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in
Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail,
postage prepaid, to each party at the address listed below. Either party may change the notice
address by notifying the other party in writing. Notices shall be deemed received upon receipt of
same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-
mail shall be deemed received on the date of the e-mail transmission.
CONTRACTOR" CITY"
Kormex Construction, Inc City of Orange
2324 S. Vineyard Avenue, Suite K 300 E. Chapman Avenue
Ontario, CA 91761 Orange, CA 92866-1591
Attn.: Monick J. Lopez Attn.: Paul Miller
Telephone: 909-218-5700 Telephone: 714-744-6472
E-Mail: monick@kormexconstruction.com E-Mail: pmiller@cityoforange.org
25. Counterparts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
Remainder of page intentionally left blank; signatures on next page]
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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
CONTRACTOR" CITY"
KORMEX CONSTRUCTION, INC. CITY OF ORANGE, a municipal corporation
a Caliala, Qration pDocuSigned by:
M U Ad . P Paan.it, 12. al't,v
By• epgcpeg 6ag eZ3 By: `—O2n88B777A2O417
Printed Name: Monick J. Lopez Daniel R. Slater, Mayor
Title: Vice President
By: ATTEST:
Printed Name: pocuSigned by:
Title:
013213CDCD8DC143A...
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
r—DocuSigned by:
47BC162A26A1451..
Mary E. Binning, City Attorney
NOTE:City requires the following signature(s) on behalf of the Contractor:
1)the Chairman of the Board,the President or a Vice-President,AND (2)the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary
or an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office, please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement, must be provided to
City.
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EXHIBIT "A"
SCOPE OF SERVICES
Beneath this sheet.]
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Exhibit A: Page 1 of 41
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CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274 FAX: (714) 744-7251
EL CAMINO REAL PARK BOOSTER PUMP INSTALLATION
REQUEST FOR BIDS (RFB) NO. 22-23.28
BIDS DUE: MARCH 9, 2023
TIME: 2:00 PM
The documents contained in this Request for Bid document are considered to be the
invitation and not the full final representation of the documents needed to submit a
successful response to the bid described herein.
Interested bidders should subscribe to receive bid updates and notifications via the City's
website at: https://public.govdelivery.com/accounts/CACITYORANGE/subscriber/new as
well as emailing CommServBids@cityoforange.org to be added to the contact list for this
specific bid list in order to receive emailed updates of any revised/additional information
and addenda.
It is the responsibility of the interested bidder to request being added to the bid list and
to check the website frequently to look for any additional updates.
Project Name: EL CAMINO REAL PARK BOOSTER PUMP
INSTALLATION
Location Address: El Camino Real Park, 400 N. Main Street, Orange, CA 92868
Contact Name: Paul Miller, Park Maintenance Supervisor
Phone Number:714-532-6472
E-Mail Address:pmiller@cityoforange.org
PROJECT DESCRIPTION: The City of Orange, CA, a Municipal Corporation, is requesting qualified
contractors to provide bids in accordance with the specifications prepared by City of Orange
Staffing. All work shall also conform to City of Orange codes, ordinances and standards. The work
will generally include, but not be limited to:
Provide all work (labor, materials, and specified booster pump) necessary to install an irrigation
booster pump, provide miscellaneous demolition, masonry, electrical, planting and irrigation work.
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Exhibit A: Page 2 of 41
GENERAL PROVISIONS:
1. A MANDATORY job walk has been scheduled for February 28, 2023, at 9:00 am. at El
Camino Real Park, 400 N. Main Street, Orange CA, 92868
2. NOTE: All construction work shall be performed in adherence to the City of Orange Public
Works Standard Plans and Specifications (available at the Public Works counter for NON-
REFUNDABLE charge of $12.00 ($15.00 if mailed), the current edition of the "Green Book" for
Standard Specifications for Public Works Construction'and to the approved specifications listed
in this document.
3. Contractor shall, at all times, carry valid insurance, which meets all City of Orange insurance
requirements as outlined in Attachment No. 1.
4. Contractor shall pay prevailing wages per the current Department of Industrial Relations wage
rate (including all scheduled increases) and furnish Certified Payroll Reports for all workdays.
5. The contractor is responsible for carrying/acquiring all pertinent licenses/permits for
accomplishing this work. Contractors bidding for work on this project must hold an active
State of California Contractors License; C-27 - Landscape Contractor.
6. All work shall conform to the specifications contained in the RFB and any subsequent
agreements.
7. Contractor shall be required to provide a $1,500.00 deposit for use of a City water meter on a
City fire hydrant, if required. Contractor shall be charged $2.75/day for water meter rental and
shall be responsible for all water charges associated with project. Consumption charges of
2.59 per hundred cubic feet of water apply.
8. Working hours will be per City of Orange ordinance; 7:00 am till 3:30 pm. Weekend work will
only take place with permission from the City of Orange.
9. No new access points will be allowed within the boundaries/scope of this project. The
Contractor is to prepare estimates for work based upon the existing ingress/egress to each
work site.
10. All vehicles used by the contractor are to be identified with door signs (approx. 20" x 16",
magnetic sign okay) or equivalent with the company name and phone number. These need
to be visible from both sides of said vehicle.
11. Uniforms: All of contractor's employees shall wear appropriate uniforms at all times while on
duty. Uniforms must have the contractor's name.
12. Background/Security: All personnel engaged in performance of this work shall be employees
of the contractor and as such shall be warranted to possess sufficient experience and security
records to perform this work.
13. All construction work as described in this document is to be completed within 15 working days
from a Notice to Proceed (NTP) from the City of Orange. A 'working day' is considered to be
Monday through Friday, excluding weekends, holidays and rain (weather related) delay days.
Failure to complete all work as described within this bid request and the 15 working days will
result in 'Liquidated Damages' being applied to the Contractor at a rate of $ 400.00 per day.
14. All questions, requests for clarification, and comments shall be sent to the City by email, and
must be clearly titled "Written Questions". All such e-mails shall be sent to Paul Miller, Park
Maintenance Supervisor, at pmiller@cityoforange.org. The City shall not be responsible for its
failure to respond to e-mail questions that have not been titled as such, and that have not been
sent directly to Mr. Miller. All questions regarding this'EL CAMINO REAL PARK BOOSTER
PUMP INSTALLATION' are to be submitted by email to Paul Miller by March 2, 2023
by 12:00 p.m.
15. Safety and Code of Conduct:
A. Safety is a priority at all times with all work being done in a safe and compliant manner.
B. Safety practices will be enforced onsite daily; safety inspections through a third-party
safety company will be enforced by the City if needed.
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 3 of 41
C. All housekeeping procedures will be in effect maintaining an optimally functional work
environment.
D. All work on premises will be cleaned daily during the project and upon completion of the
project.
E. Perform a pre-job meeting to determine jobsite logistics and safety requirements.
F. Apply for and obtain permits and regulatory approvals as required by the City; the permit
cost will be waived by the City under this contract.
G. Set up all safety equipment; including, but not limited to, access-controlled zones.
Inspections
Contractor is required to call for a final inspection once installation is complete.
SCOPE OF WORK AND PROJECT SPECIFICATIONS
SCOPE OF WORK:
SITE PREP:
1. Supply all labor & equipment necessary for the installation/construction of the new booster
pump & irrigation modifications/improvements and other related work.
2. Supply temporary barrier fencing during construction. Barrier fencing to be six feet tall chain-
link, free-standing type. Fencing to surround entire area of construction.
DEMOLITION:
1. Remove existing pump, electrical equipment, irrigation fittings and equipment and return to
the City.
2. Provide all demolition/removal of concrete pads, soil, and debris within the designed footprint
of work improvement area.
3. All debris must be removed off site at the contractor's expense.
4. Provide the removal (off site) of all concrete, concrete blocks, metal scrap and footing soil at
the contractor's expense.
5. Protect in place existing amenities to remain in place.
CONSTRUCTION:
1. Provide and install new Watertronics Irrigation Booster Pump Station specified in Exhibit A,
Plans and Specifications, including new concrete pad.
2. Concrete pad will be dimensions noted in pump specification. Concrete pad will be minimum
31/2 inches thick, and minimum 2500 PSI compression strength.
3. Provide the re-connection of all existing irrigation components (backflow, main lines, lateral
lines, flow sensors, control wires, etc.) that may/will be disconnected or disturbed during this
construction process.
4. Repair of all broken or disconnected irrigation components that occurs in any portion of the
completion of this agreement will be repaired by the contractor to the satisfaction of City
representative.
5. Provide the installation of one (1) marine grade aluminum enclosure, per detail.
6. Use existing electrical source from existing pump. Add new conduit as needed.
7. Excavation backfill shall be native soil, placed in twelve-inch lifts. Compaction is 90% for
hardscape (i.e. walkways, picnic pads, basketball and tennis courts); and 85% in areas to be
planted. Place topsoil at top six inches over trenches in planted areas. Upon completion, all
trenches and excavation shall be filled flush with adjacent finish grades.
8. All removed and damaged turf will be replaced with West Coaster Tall Fescue sod from West
Coast Turf or equivalent approved by City representative.
Docusign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 4 of 41
Notes:
Booster pump to be installed with the marine grade aluminum enclosure as shown in detail.
All control wire connections to be made with silicone gel connectors. Any underground splicing
connections to be within a NDS Pro Series Plus 14"X 19"(NDS 314BC) rectangular valve box.
Any new underground control wire to match existing in size and type.
PECIAL INSTRUCTIONS:
1. The Contractor shall provide with this RFB a minimum of three (3) references of
commensurate/equal work with cities and/or municipalities. References shall
represent/include:
Work completed within the last five (5) years.
A description and location of said work.
An approximate cost of said work.
2. A contact person and phone number to verify work. The City reserves the right to reject at any
time any or all bids, or parts thereof, and to waive any variances, technicalities and informalities
which do not impair the quality, or performance of the project.
3. The City reserves the right to reject any contractor who they feel does not meet a qualifying
work experience or satisfying references.
4. All square foot and linear foot totals listed in this RFB, and/or plans are approximate. The
contractor is responsible for all measurements (linear and square foot) included in this bidding
package and/or approved plans.
5. The contractor is responsible for the repair of any existing site amenities, inside or outside of
the facility, including but not limited to: concrete, landscape, storm drain, supply lines or
sprinklers that are damaged during the implementation of this work. Any and all replacement
work will be performed to the satisfaction of the City of Orange. Any damages to City or
residential property resulting from the contractor's work shall be repaired or replaced at the
contractor's expense to the satisfaction of the City of Orange.
6. The contractor is required to provide and post appropriate signage directing/redirecting any
and all pedestrian traffic in appropriate directions, per City of Orange.
TIME LINE (APPROXIMATE):
1. Job walk: February 28, 2023 at 9:00 am.
2. Deadline for questions regarding RFB: March 2, 2023 by 12:00 p.m.
3. Bids due: March 9, 2023 by 2:00 p.m.
4. Presentation to City Council: April 11, 2023
5. Notice to Proceed: TBD
BID SUBMISSION:
Provide response to the above REQUEST FOR BID on attached Bid Sheet and return all
pages of the Request for Bid(including the scope and specification sections) references.
DocuSign Envelope ID: 5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 5 of 41
Bids must be received on March 9, 2023 by 2:00 P.M. at the City of Orange City Clerk's
Office (300 E. Chapman Ave., Orange, CA 92866). Responses may be sent via U.S. Mail, or
delivered personally to the above address. Please provide three copies of bid packets.
Bid Packets Must Be Labelled Appropriately:
RFB 22-23.28- EL CAMINO REAL PARK BOOSTER PUMP INSTALLATION
Attn: City of Orange, City Clerk's Office
The City reserves the right to reject any and all Bids and any item on items therein, and to
waive any non-conformity of Bids with this Request for Bid, whether of a technical or
substantive nature, as the interest of the City may require.
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 6 of 41
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT
230 E. CHAPMAN AVENUE
ORANGE, CALIFORNIA 92866-1591
714) 744-7274
Company Name (Bidder)
TO THE CITY COUNCIL OF THE CITY OF ORANGE:
In compliance with the notice inviting bids, plans, specifications and other contract documents for
the construction of Bid No. 22-23.28: El Camino Real Park Booster Pump, the
undersigned has carefully examined: the location of the proposed work, character, quality and
quantity of work to be performed, conditions to be encountered, materials to be furnished and as to
the requirements of the plans, specifications and other contract documents; agrees that submission
of a proposal shall be considered prima facie evidence that the bidder has made such examination;
and proposes to furnish all labor, materials, tools, and equipment necessary to complete the work in
accordance with said plans, specifications and other contract documents at the following unit or lump
sum prices set forth in the schedule.
Contractor agrees to commence the work provided within ten (10) days of the date herein above
stated and to diligently prosecute completion of the work in the time period agreed to by and between
the representatives of the parties.
The undersigned agrees that the foregoing estimate of quantities of work to be done and materials
to be furnished are approximate only, being given as basis for the comparison of bids.
The undersigned agrees that the City will not be held responsible if any of the approximate quantities
shown in the foregoing proposal shall be found incorrect, and shall not make any claim for damages
or for loss of profits because of a difference between the quantities of the various classes of work as
estimated and the work actually done. If any error, omission or mis-statement shall be discovered
in the estimated quantities, it shall not invalidate this contract or release the undersigned from the
execution and completion of the whole or part of the work herein specified, in accordance with the
specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefore,
or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or
compensation otherwise than as provided for in this contract.
The undersigned agrees that the City shall have the right to increase or decrease the quantity of any
bid item or portion of the work or to omit portions of the work as may be deemed necessary or
expedient, and that the payment for incidental items of work not separately provided in the proposal
shall be considered included in the price bid for other various items of work.
Accompanying this proposal is
NOTICE: Insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be, in an
amount equal to at least 10 percent of the total bid price, payable to the City of Orange to guarantee
that the bidder will, if awarded the contract, promptly execute such contract in accordance with the
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 7 of 41
proposal and in the manner and form required by the contract documents, and will furnish good and
sufficient bonds for the faithful performance of the same.
The undersigned deposits the above named security as a proposal guaranty and agrees that it shall
be forfeited to the City of Orange as liquidated damages in case this proposal is withdrawn by the
undersigned and the undersigned shall fail to execute a contract for doing said work and to furnish
good and sufficient bonds in the form set forth in the specifications and contract documents of the
City, with surety satisfactory to the City within 15 days after the bidder has received written notice
of the award of the contract; otherwise, said security shall be returned to the undersigned.
Bidder hereby declares in writing, under penalty of perjury that all employees who will be performing
labor, maintenance, delivery, installation or repair, will be those who are legally entitled to live and
work in the United States. Further, the bidder as employer agrees to provide documentary proof of
such eligibility (when requested by the City of any other authorized entity or agency).
Bids are to be submitted for the entire work. The bidder shall set forth for each unit basis item of work
a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible
figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount
set forth under the "Item Total" column shall be the product of the unit price bid and the estimated
quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit
basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is
the same as the amount as the entry in the item total column, then the amount set forth in the item
total column for the item shall prevail and shall be divided by the estimated quantity for the item and
the price thus obtained shall be the unit price;
b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly
off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total,
the discrepancy will be resolved by using the entered unit price or item total, whichever most closely
approximates percentage wise the unit price or item total in the City of Orange Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid
may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise
unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single
item and a clear, readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance in
establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums
will be interpreted according to the number of digits and, if applicable, decimal placement. Cents
symbols also have no significance in establishing any unit price or item total since all figures are
assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall
be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the
item total, the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to
cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation
not specifically provided for will be determined in the discretion of the City of Orange, and that discretion
will be exercised in the manner deemed by the City of Orange, to best protect the public interest in the
prompt and economical completion of the work. The decision of the City of Orange respecting the
amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 8 of 41
LIST OF SUBCONTRACTS
A. The undersigned intends to subcontract a portion of this project to the following subcontracts(Note:
Refer to Section 2.3 of the Standard Specifications and Section 4100 through 4113 of the California
Contract Code for SUBCONTRACT DISCLOSURE REQUIREMENTS.
NAME OF SUBCONTRACTOR LICENSE BID ITEM NUMBER(s) PERCENT OF CHECK IF DESCRIBE WORK WHEN AMOUNT
AND ADDRESS NO. BID ITEM SPECIALITY LESS THAN 100%OF WORK BASED ON
SI IRRF1) T4 SI IRRF1)RTI)AMfI INT
B. The undersigned DOES NOT INTEND to subcontract any portion of this project.
NOTE: The bidder shall check Box A or B as applicable. If the bidder does not check either box, it will be deemed that he has
checked Box B.
Signature of the Bidder
Q
DocuSign Envelope ID:588B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 9 of 41
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985),the bidder hereby declares
under penalty of perjury under the laws of the State of California that the bidder has _ ,has not been
convicted
within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery,
collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding
upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with
any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California
or the Trustees of the California State University. The term "bidder" is understood to include any partner, member,
officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section
10285.1.
Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The
above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also
constitute signature of this Statement. Bidders are cautioned that making a false certification may subject
the certifier to criminal prosecution.
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the
following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder,
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that
no more than one final unappealable finding of contempt of court by a federal court has been issued against the
Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order
of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.
l)ocuSign Envelope ID: 5138B6336-FC12-48B9-A81 E-93B3FB34B1 CA
Exhibit A: Page 10 of 41
Non-collusion Affidavit
Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF ORANGE — DEPARTMENT OF COMMUNITY SERVICES
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the
bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any
other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and,
further, that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this Non-
collusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to
criminal prosecution.
DocuSign Envelope ID: 5B8B6336-FC12-48B9-A81 E-93B3FB34B1 CA
Exhibit A: Page 11 of 41
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS,
PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other
person associated therewith in the capacity of owner, partner, director, officer, manager:
is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any Federal agency;
has not been suspended, debarred, voluntarily excluded or determined ineligible by any
Federal agency within the past 3 years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgement rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the past
3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. For any exception noted above, indicate below to whom it applies, initiating agency,
and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Certification.
DocuSign Envelope ID: 5B8B6336-FC12-48B9-A81E-93B3FB3481CA
Exhibit A: Page 12 of 41
The undersigned bidder hereby represents as follows:
That no Councilman, officer, agent, or employee of the City of Orange, is personally interested, directly
or indirectly, in the Contract, or the compensation to be paid hereunder:
That this bid is made without connection with any person, firm or corporation making a bid for the same
work, and is in all respects fair, and without collusion or fraud.
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of
California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162,
10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of
Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the
California Administrative Code). By my signature on this proposal I further certify, under penalty of
perjury under the laws of the State of California and the United States of America, that the Noncollusion
Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106;
and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true
and correct.
Date:
Sign
Here
Signature and Title of Bidder
If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual
co-partners composing the firm. If a corporation, state legal name of corporation, also names of President,
Secretary, Treasurer and Manager thereof).
NAME OF BIDDER
BUSINESS P.O. BOX
CITY, STATE, ZIP
BUSINESS STREET ADDRESS
Please include even if P.O. Box is used)
CITY, STATE, ZIP
PLACE OF BUSINESS (Include City & State)
PLACE OF RESIDENCE (Include City & State)
Telephone No. ( ) Fax No. ( )
Licensed in accordance with an Act providing for the registration of Contractors.
LICENSE NUMBER
LICENSE CLASS
DocuSign Envelope ID:5138136336-1-C11-4889-A81 E-93B31 1334131 CA
Exhibit A: Page 13 of 41
Attachment 1: SPORTS FIELD RENOVATION
Sample Liability Insurance
Contractor shall procure and maintain for the duration of this Agreement insurance against
claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the work hereunder and the results of that work by the Contractor, his
agents, representatives, employees or subcontractors.
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00
01).
2. Insurance Services Office Form Number CA 00 01 covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
Contractor shall maintain limits no less than:
1. General Liability: 2,000,000 per occurrence for bodily injury, personal
injury and property damage. If
Commercial General Liability insurance or
other form with a general aggregate limit
is used, either the general aggregate limit
shall apply separately to this
project/location or the general aggregate
limit shall be twice the required occurrence
limit.
2. Automobile Liability: 1,000,000 per accident for bodily injury and property
damage.
3. Workers' Compensation: As required by the State of California.
4. Employer's Liability: 1,000,000 per accident for bodily injury or disease.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, it officers, officials and employees; or the Contractor shall
provide a financial guarantee satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration, and defense expenses.
Each policy of general liability and automotive liability insurance shall contain, or be endorsed to
contain, the following provisions:
DocuSign Envelope ID:5B8B6336-FC12-48139-A81E-93B3FB34B1CA Exhibit A: Page 14 of 41
1. The City, its officers, officials, agents and employees are to be covered as additional
insureds with respect to liability arising out of automobiles owned, leased, hired or
borrowed by or on behalf of the Contractor; and with respect to liability arising out of
work or operations performed by or on behalf of the Contractor, including materials,
parts or equipment furnished in connection with such work or operations. General
Liability coverage shall be provided in the form of an Additional Insured Endorsement
Insurance Services Office, Inc. Form CG 20 10 11 85 or such other form as may be
acceptable to the City) to the Contractor's insurance policy, or as a separate owner's
policy.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials and employees. Any insurance or self- insurance
maintained by the City, its officers, officials and employees shall be excess of the Contractor's
insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior written notice has been provided to the
City
The Contractor shall furnish the City with original certificates of insurance and endorsements effecting
coverage required by this clause. The endorsements should be on forms acceptable to City. All
certificates and endorsements are to be received and approved by the City before work commences.
However, failure to do so shall not operate as a waiver of these insurance requirements. The City
reserves the right to require complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications at any time.
All insurance procured and maintained by the Contractor shall be issued by insurers admitted to
conduct the pertinent line of insurance business in the State of California and having a rating of Grade
A or better and Class VII or better by the latest edition of Best's Key Rating Guide.
Contractor shall immediately notify the City if any required insurance lapses or is otherwise modified
and cease performance of this Agreement unless otherwise directed by the City. In such a case, the
City may procure insurance or self-insure the risk and charge Contractor for such costs and any
and all damages resulting therefrom, by way of set-off from any sums owed Contractor.
Contractor hereby agrees to waive subrogation, which any insurer of the Contractor may
acquire from the Contractor by virtue of the payment of any loss. The Contractor agrees to obtain
any endorsement that may be necessary to effect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the
City for all work performed by the Contractor, its employees, agents and subcontractors.
The Contractor shall require and verify that all subcontractors maintain insurance meeting all of the
requirements stated herein.
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81 E-93B3FB34B 1 CA
Exhibit A: Page 15 of 41
Kormex Construction, Inc.
2324 So.Vineyard Avenue Suite K, Ontario,California 91761 Phone No. (909) 218-5700 Fax No. (909) 218-5701
OR1GEL ._
March 9, 2023
City of Orange
Paul Miller, Park Supervisor
Re: El Camino Real Booster Pump Installation
Bid No. 22-23.28
Total Bid Proposal Price
TOTAL BID PROPOSAL PRICE:
O aa
Submitted By: Monick J Lopez
President of Kormex Construction, Inc.
March 9, 2023
Ii3jWC ,•
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 16 of 41
BID BOND
BOND NO. 140
KNOWALL MEN BY THESE PRESENTS,
That we Kormex Construction, Inc., 2324 Vineyard Ave., Suite K, Ontario, CA 91761
as Principal, and Merchants Bonding Company (Mutual)p a corporation
authorized to transact a general surety business in the State of Iowa
as Surety,are held and firmly bound unto City of Orange
hereinafter called the Obligee)
in the full and just sum of TEN PERCENT OF THE AMOUNT OF THE BID
Dollars,($ 10%*******for the payment whereof in lawful money of the United States,we bind ourselves, our
heirs,administrators,executors,successors and assigns,jointly and severally,firmly by these presents.
WHEREAS,the said PRINCIPAL has submitted the accompanying bid for
RFB No. 22-23.28 El Camino Real Park Booster Pump Installation
NOW,THEREFORE,if the said contract be timely awarded to the Principal and the Principal shall,within such
time as may be specified,enter into the contract in writing,then this obligation shall be void;otherwise to remain in full
force and effect.
Signed and Sealed this 7th
day of March 2023
YEAR
Kormex Construction, Inc. Merchants Bonding Company (Mutual)
Principal 1 Surety
ByAkkt\W6,:.
Monick J. Lopez - esi nt Les M. Mantle-Attorney In Fact
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 17 of 41
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County,of Orange J}
on March 7th, 2023 before me, Noreen Mantle - Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Monick J. Lopez
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(*whose name isJots subscribed
to the within instrument and acknowledged to me that l e/she/tVy executed the same in t)q/her/tbeir
authorized capacity , and that by h)(her/ttftir signatures)on the instrument the personae), or the entity
upon behalf of whichthe person(9acted,executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
NOREEN MANTLE paragraph is true and correct.
COMM#2288768 a
wG NOTARYC-CALIFORNIA 3,1
ORANGENGE COUNTY WITNESS my hand and official seal.
My Commission Expires June 13,2023
1,111.9r141.
Signature ii.i :..eJ_
Place Notary Seal and/or Stamp Above A .. .re o! 'n1'ublic
OPTIONAL --
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer- Title(s): Corporate Officer-Title(s):
Partner - 0 Limited 0 General Partner - Limited 0 General
o Individual 0 Attorney in Fact Individual 0 Attorney in Fact
Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator
Other: 0 Other:
Signer is Representing: Signer is Representing:
2018 National Notary Association
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 18 of 41
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Orange
On March 7th, 2023 before me, Mary Martignoni - Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Les M. Mantle
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person%%whose name istw subscribed
to the within instrument and acknowledged to me that hefOleAlaey executed the same in hisetataefr
authorized capacity($,and that by his!it signature(.on the instrument the person},or the entity
upon behalf of which the person-0 acted, executed the instrument.
a''T' ,,MARY MARTIGNONI I certify under PENALTY OF PERJURY under the
COMM #2301319 a laws of the State of California that the foregoing
w rs t, NOTARY PUBLIC-CALIFORNIA
a ORANGE COUNTY paragraph is true and correct.
My Commission expires Sept.9,2023
WITNESS my hand and official seal.
Signature r"-Y.V.AaLl-A--,1
Place NotarySeal and/or StampAbove Signature otary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Si ner(s)
Signer's Name: Les M. Mantle Signer's Name:
Corporate Officer— Title(s): 0 Corporate Officer—Title(s):
Partner- 0 Limited 0 General Partner- Limited 0 General
Individual Ill Attorney in Fact 0 Individual Attorney in Fact
Trustee 0 Guardian or Conservator Trustee 0 Guardian or Conservator
Other: 0 Other:
Signer is Representing: Signer is Representing:
Merchants Bondin ompany ( t all
aRgoireretaeolimwouRiAgsc
2018 National Notary Association
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 19 of 41
ME RCHANT`S
BONDING COMPANY,
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,
both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the
Companies")do hereby make,constitute and appoint,individually,
Les M Mantle
their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of
persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions
or proceedings allowed by law.
This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company(Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of
Merchants National Bonding,Inc.,on October 16,2015.
The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,
bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof."
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company,and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the
Attorney-in-Fad includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
Its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given
to the Attorney-in-Fad cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 8th day of December , 2022 .
MERCHANTS BONDING COMPANY(MUTUAL)
Po101VA4 • Nil COiya.' MERCHANTS NATIONAL BONDING, INC.
c.)•0SPORq..•4o' P0g9 gy'.•d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY
v* 2003 ;o :
a' 1933
o:
c: Byy•.
A .
427-
7 7.7‘,„.Lji '.0 Y 'A •,.. President
STATE OF IOWA
COUNTY OF DALLAS ss. •""""'•
On this 8th day of December 2022 before me appeared Larry Taylor,to me personally known,who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
93 s film tee
a z Commission Nurr r 70273cites iy..42.pin 8t.m.}
Z:-:
a: 11y Gommi.sion Expires
few April 14,2024
Notary Public
Expiration of notary's commission does not invalidate this instrument)
I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full
force and effect and has not been amended or revoked.
In Witness Wnereof,I have hereunto set my hand and affixed the seal of the Companies on this 7th day of Harsh 2023
P•(%
O NA •..• G CO,•. •
sPOR ,
Iv0Pp ...
s%
o o •Q39 .
2/04.1.1.....000g.
0. 2003 ;,.0 •y 1933 ;c; Secretary
POA0018 (10/22)
DocuSign Envelope ID:5B866336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 20 of 41
Kormex Construction, Inc.
2324 So.Vineyard Avenue Suite K,Ontario,California 91761 Phone No. (909)218-5700 Fax No.(909) 218-5701
REFERENCES
Caltrans 07A5314 & 07A5375
Irrigation Service Contracts at Various Locations on LA County Freeways
Contract Total: $550,000
Completion Date: December 2022
Contact: Pete Gandara 213-317-0420
City of La Puente
Park Improvements at City Park
Contract Total: $580,000
Completion Date: September 2022
Contact: John Dimario 626-855-1517
Corona-Norco Unified School District
Baseball Field Infield Reconstruction
Contract Total: $250,000
Completion Date: March 2023
Contact: Tim Russell 951-768-1588
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 21 of 41
41.
c° `' CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714)744-7274 • FAX:(714)744-7251
ADDENDUM #2
Request for Bid (RFB) Bid No. 22-23.28
EL CAMINO REAL BOOSTER PUMP INSTALLATION
MARCH 2, 2023
This addendum serves as written notice of the following questions to any and all copies
of the Request for Bid No. 22-23.28
1. QUESTION: Can you please confirm that the lowest responsible and responsive bidder
will be required to submit 3 copies of the complete bid packet proposal including 3 bid
bonds per the RFB?
ANSWER: Please submit three copies of the bid package and one bid bond.
2. QUESTION: Please provide yard location for the delivery of the existing equipment.
ANSWER: Disposal of the existing equipment will be coordinated with the contractor
performing the work at no expense to the contractor.
3. QUESTION: Can you please provide us with the sign in sheet of the mandatory prebid
meeting.
ANSWER: Please see meeting sign in sheet below.
Respectfully Submitted,
Paul Miller
Park Supervisor
pmiller citvoforanoe.orq
714-532-6491
Acknowledged By n J Lo z o 3/8/23
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81 E-93B3FB34B1 CA
Exhibit A: Page 22 of 41
OF OIr,9 A{-
ti i4`
0%WCW,,„, Y
G.y Ce+i..
il
rourrry ocu`'
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714)744-7274 • FAX:(714)744-7251
ADDENDUM #1
FOR
Request for Bid (RFB)
Bid No. 22-23.28
El Camino Real Park Booster Pump Installation
February 9, 2023
This addendum serves as written notice of the following corrections,
clarifications, additions and/or deletions to any and all copies of the Request
for Bid (Bid No. 22-23.28).
NOTICE FOR ADDITIONAL INFORMATION REGARDING:
EXHIBIT A.
Beneath this sheet.]
Acknowledged By Manic e n 3 8/23
COMMUNITY SERVICES DEPARTMENT•230 E.CHAPMAN AVENUE •ORANGE,CA 92866
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA I Fxhihif A PaaP of h i
WATER TRONIC .
Exhibit A: Page°2 o '
Haniand ":1 :;3+2;:i
262-367-500+3 PH
262-367-5551 rX
WATERMAX 5000 SERIES PROPOSAL
Booster Variable Speed Pumping System
U. L. Approved Package Pumping System Suitable for Three Phase Power
Customer: Date: August 18, 2022
Attn: Quotation#:
Phone#: Project Name: El Camino Park
Fax#:Location: Orange, CA
Email: Quoted By: Steven Kim (760.214.5734)
Cc: Sales Email:steven.kim@gentileandassociates.com
STATION PERFORMANCE: 152 GPM @ 45 PSI boost Dynamic Inlet Pressure = 60 PSI
POWER REQUIREMENT:Power shall be 480 volt, 3 phase, 60 hertz.
Note: See Power Supply in the Terms and Conditions Section below for further information.
MODEL DESCRIPTION: WMBV-5000-7A-7.5-480-3-152-105
Project Scope: Prefabricated, self-contained, Variable speed, (VFD), 7.5 HP horizontal centrifugal pump station with
piping, valves, and enclosure. Controls will be an operator interface with software programming written specifically for
this project. A formed and reinforced base platform and enclosure with lockable lid contains all manifolding, pumps,
motors and control panels (disconnect mounted externally)to provide an integral unit ready for easy installation,
anchored to a concrete pad.
Note!! This Proposal was formulated to meet the customer supplied design specifications. Watertronics is not
responsible for meeting any specifications that were not presented prior to submitting this proposal.
STANDARD CONTROLS & EQUIPMENT INCLUDE:
External mounted NEMA 3R main disconnect panel
U.L listed control panel
3.5" backlit LED color touch screen operator interface display featuring:
Flow readout
Pressure readout
Flow totalizer
Elapsed run time display
Alarm conditions with safety shutdown:
Low discharge pressure shutdown
High discharge pressure shutdown
VFD fault shutdown
High pump temperature shutdown
Overload, single phase, phase imbalance/low voltage protection
Surge protection for main station and solid state controls
Variable Frequency Drive pressure regulation
Pressure drop start
Stainless steel pressure transducer
Data Industrial 220B flow sensor mounted inside enclosure
1 ea. 7.5 HP, 3600 RPM horizontal centrifugal pump and EISA compliant ODP motor. Pump to be cast
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 2 of 5I
Exhibit A: Page 24 of 41
iron with a bronze impeller and mechanical seal.
Silicone filled pressure gauges with isolation valve on suction and discharge piping
Station discharge isolation valve
Full flow by-pass piping with QTY (3) isolation valves inside station enclosure
Forced fan air cooled marine grade aluminum ventilated pump station and base, un-painted, with
lockable access cover
Optocoupler to share flow sensor signal
Dead front external disconnect panel
3" FL x 6" FL fabricated steel discharge drop pipe with swivel connection, 1" min dia. blowout
port
3" FL x 6" FL fabricated steel inlet drop pipe with swivel connection
Baked and cured two part polyurethane ultraviolet insensitive paint
Factory certified dynamic run testing of pump station up to full flow and pressure prior to shipment
One operator and maintenance manual
Two year limited warranty on mechanical and electrical components
Access to Watertronics customer service technical phone support, technicians on call 24/7
Access to Watertronics factory authorized service technician
PUMP STATION PRICE (INCLUDES ALL ABOVE): U.S. Dollars To Quote
Adders not included in above base price:
Local Set-Up by Watertronics Not Included
Includes one trip to site, one day on site by PSN provider or WT technician
Local Start-Up by Watertronics Included
Includes one trip to site, one day on site by PSN provider or WT technician
Site must be fully ready to avoid additional trips and further charges
Crane To Off-Load and Set Pump Station Not Included
Sales Tax Not Included
Domestic US - Packaging & Freight from Factory to Job Site: FOB Factory Included
Shipment: Estimated 18-20 weeks after receipt of signed contract and drawing approval. A firm delivery date
will be established and transmitted within 5 days of receipt of all final details and documents.
Terms and Conditions
DELIVERY AND SET-UP:
1.All reasonable efforts will be made to meet the requested delivery date after the receipt of a signed contract however;
Watertronics will not be liable for delays in delivery.
2.Pump station components shipped separately from the station, at the Customer's request, may incur additional freight
charges, payable by the Customer.
3.Customer will be responsible for having job site readily accessible for station delivery.
4.Customer will provide the equipment and personnel required to unload and/or set the pump station.
5.Station Set-up charges—if required and if more than one trip and day is required, additional charges of$750.00 per day will
be assessed if the customer caused the delay.
6.Customer will be responsible for electrical permit if required.
Watertronics Corporate Office, 525 Industrial Drive,P.O. Box 530, Hartland,WI 53029-0530
262.367.5000 PH -262.367.5551 FX—www.watertronics.com
DocuSign Envelope ID:5B8B6336-FC12-48139-A81E-93B3FB34B1CA
EIhlt A: Page 3 of 51
7.Customer will be responsible for primary electrical hookup to pump station. Exhibit A: Page 25 of 41
8.Customer will be responsible for making all piping connections.
9.Customer will be responsible for building modifications if required for installation.
10. Customer will be responsible for wet well,slab, or concrete work.
11. Customer will be responsible for piping any filter flush line back to supply lake
START-UP:
1.Start-up charges—if required and if more than one trip and day is required, additional charges of$750.00 per day will be
assessed if the customer caused the delay.
2.Purchaser will notify Watertronics two weeks in advance of the desired start-up date.
WARRANTY:
1.Watertronics warrants its pump station products to be free of defects in materials and workmanship for a period of two(2)
years from the date of startup, but not later than 27(27)months from the date of invoice, unless modified by customer with
the selection of the extended warranty option. Stations deemed delivery complete and invoiced accordingly,at Watertronics'
factory and stored there, shall have the warranty period commence as of the invoice date. Should the system require
storage before startup after leaving the Watertronics'facility,the system must be stored in a secured, climate controlled
environment that will not allow for degradation of the system due to moisture,extreme temperature variations,or human
negligence.
2.This warranty is limited to replacing or repairing any defective component supplied by Watertronics at Watertronics' sole
discretion and does not apply to equipment that has been damaged, misapplied or has been modified in any way.
3.Any work performed on the pump station must be provided by a Watertronics recognized PSN (Pump Service Network)
service provider and documentation of all work performed within the warranty period must be on file at the factory. Any
maintenance or repairs done without the pre-authorization of Watertronics, or its recognized service providers shall void this
warranty.
4.This warranty does not cover damages under the following conditions, unless otherwise specified in writing: (1) Misapplied
or inappropriate incoming power, improper grounding,vandalism, or any incidental damage, consequential damage, or act of
God, (2) repairs or replacements made without the pre-authorization of Watertronics, or its recognized service providers, (3)
exposure to destructive gaseous or chemical solutions, (4)exposure to water pH levels of less than 6.0 which is typically the
result of SO2 burner or sulfuric acid injection, (5) water salinity levels greater than 2000 parts per million, (6)water from a
reverse osmosis process plant, (7) unusually high dirt load or abrasives in the water, or (8) pumping water not suitable for
turf irrigation.
5.Watertronics will not accept liability for any costs associated with the removal or replacement of equipment in difficult to
access locations. This includes, but is not limited to,the use of cranes larger than 15 tons,scuba divers, barges, helicopters,
or other unusual means. These extraordinary costs shall be borne by the owner, regardless of the reason necessitating
removal of the product from service.
6.THIS WARRANTY IS ABSOLUTELY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES. THIS INCLUDES
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY
OTHER OBLIGATION ON THE PART OF WATERTRONICS.
NO AGENT, EMPLOYEE OR REPRESENTATIVE OF WATERTRONICS HAS ANY AUTHORITY TO BIND
WATERTRONICS TO AN AFFIRMATION, REPRESENTATION OR WARRANTY CONCERNING THE PRODUCT SOLD
UNDER THIS WARRANTY. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE
FACE HEREOF.
Proper Storage: Should the system require storage before start up, it must be stored in a secured climate controlled
environment that will not allow for degradation of the system due to moisture, extreme temperature variations, or human
negligence.
POWER SUPPLY:
1.The pump station proposed herein is designed for 480 volt,WYE configured or closed delta balanced 3 phase
power. The acceptable range of voltage is 455 volts (min)—495 volts (max). Unless specifically stated under
Optional Equipment, open delta, phase converters,or other forms of unbalanced three phase power are not
acceptable.
2.If the supply voltage is not within this acceptable range,the purchaser is responsible for making the necessary corrections.
This may include re-tapping or replacing the primary transformer. If the supply voltage is outside the stated range, electrical
components such as VFD's,fuses, breakers, overloads, motors, power supplies may intermittently trip or prematurely fail
and will not be considered for warranty coverage.
3.The use of generator power is not recommended. If a generator is required as a temporary power supply,the pump station
will be covered under Watertronics' limited warranty provided that their"Engine Driven Generator Power Warranty Policy and
Operation Guidelines"document is strictly adhered to.
4.Proper electrical grounding of the pump station is a requirement. Station will not operate properly and could pose a health
hazard if not properly grounded. Failures of any magnitude due to improper grounding will not be covered under warranty.
Watertronics Corporate Office,525 Industrial Drive, P.O. Box 530, Hartland, WI 53029-0530
262.367.5000 PH-262.367.5551 FX—www.watertronics.com
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA I Exhibit A: Page 4 of 51
Exhibit A: Page 26 of 41
PAYMENT TERMS:U.S. Dollars Only
1.All purchase orders are subject to acceptance at factory in Hartland,Wisconsin. Receipt of production deposit,verification of
acceptable credit and confirmation of order are required before production. 25% production deposit required to initiate order.
Balance due net 30 days from date of invoice (shipment of product). Late fee of 1.5%of the unpaid balance will be charged
per month on all accounts past due.
2.In the event the customer cannot take delivery on the requested date, delivery shall be deemed completed at the pump
station manufacturing facility for the purpose of payment and eighty(80)percent of the contract price will be due
immediately, not to exceed ten (10)days. In addition, the customer will be responsible for additional storage and handling
charges incurred with a minimum charge of$750 to be added to the invoice.
OTHER INFORMATION:
1.Prices valid for sixty (60)days from the date of this proposal.
2.State and local sales taxes are not included in these prices.
3.Seller retains a security interest in the above mentioned equipment as provided by the UNIFORM COMMERCIAL CODE,
until payment is received in full.
4.All claims for incorrect deliveries must be submitted in writing to Watertronics Customer Service within 15 days after receipt
of goods.
5.All claims for price discrepancy must be submitted in writing to Watertronics Customer Service within 60 days after receipt of
goods.
6.A completed pump station may not be returned to Watertronics for credit.
Watertronics Corporate Office, 525 Industrial Drive, P.O. Box 530, Hartland, WI 53029-0530
262.367.5000 PH - 262.367.5551 FX—www.watertronics.com
HUM1'J I A I IUN 61,tU11'1UA I IUN : r
NAME: EL CAMINO PARK
Exhibit A: Page 5 of 5
o
STATION MODEL:WMBV-5000-7A-7.5-480-3-152-105 ccn
STATION TOTAL PERFORMANCE: 152 GPM @ 105 PSI i t••=
DYNAMIC INLET PRESSURE:60 PSI g
BOOST PRESSURE:45 PSI
E AR,CE m
REGULATED DISCHARGE PRESSURE: 105 PSI SEELOCA °°°ES O I5
PUMP HORSEPOWER: U m
MU ToZPUMPNO.1:7.5HP(3600RPM) Ems°"
R
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CHECK VALVE SIZES:
PUMP NO.1 3" L%
11 I m
ISOLATION VALVE SIZES: Zi=r7i 1t IlIII I.•.
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DETAIL"A"
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CONCRETE ANCHOR w
DISCHARGE ISOLATION VALVE SIZE:3"
DISCHARGE MANIFOLD SIZE:3"5
TYPICAL(4)LOCATIONS m11101111PlysiqEI=2;MiiuIII1144l II NEXPOWER
AUST FANIREMENTS: 480V, 60HZ,
REQU REMENTS:240CFM
HZ, 11 FLA(EST.)I111121:11.ix
D
STATION COMPONENTS: w
A PUMP AND MOTOR 52
m
B CHECK VALVE BASE W
C PRESSURE TRANSDUCER WITH GAUGE 62 W
D BYPASS VALVE
SLAB Tix
E FLOW SENSOR1 m
F TEMP SENSOR a'
G STATION FAN HOOD MOUNTED
H PUMP INTAKE ISOLATION VALVE G I - Z °""E
I MARINE GRADE ALUMINUM ENCLOSURE(UNPAINTED)
I `' • .- • . - .
J VFD WITH PUMP CONTROLLER J
K MARINE GRADE ALUMINUM BASE(UNPAINTED) L ` I-'! I 46"
L PUMP DISCHARGE ISOLATION VALVE
I
i 33"
M STATION DISCHARGE ISOLATION VALVE iii
I
SLAB
N INTAKE DROP PIPE W/6"FLG CONNECTION
D in ls,l, I M 00DISCHARGEDROPPIPEW/6"FLG CONNECTIONi • i 1INN
1
rti ,I ( i SEAI ENCLOSURE FRONT
NOT SHOWN:OPTOCOUPLER FOR FLOW SENSOR SIGNAL is1i14—,7.,1, I 11111
f Miy EMI-
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6
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ANCHOR POINT02
SEE DETAILIIK
SEE DETAIL A BASE 8 SLAB DETAIL
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ENCLOSURE
ISOMETRIC VIEW
APPROVED AS SUBMITTED
7 DRAWN BY: IPB DATE: 08/19l22 TITLE:
EL CAMINO PARK
6 CHECKED BY: DATE:
APPROVED AS NOTED 5 THIS DRAWING AND DESIGN,IS THE
WM BV-5000-7A-7.5 480-3-152-105
4
PROPERTY OF WATERTRONICS AND IS
REVISE AND RESUBMIT
3
NOT TO BE REPRODUCED IN WHOLE OR 'WAWATERTRONICSPART,NOR EMPLOYED FOR ANY PURPOSE
SIGNATURE: 2 OTHER THAN SPECIFICALLY PERMITTED IN
TAME:
WRITING BY WATERTRONICS. crAI F. r,nTC I cuFFT 7 nc 1 CI-4FPT
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 28 of 41
o
1 P
COUNTV G
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714) 744-7274 FAX: (714) 744-7251
EL CAMINO REAL PARK BOOSTER PUMP INSTALLATION
REQUEST FOR BIDS (RFB) NO. 22-23.28
BIDS DUE: MARCH 9, 2023
TIME: 2:00 PM
The documents contained in this Request for Bid document are considered to be the
invitation and not the full final representation of the documents needed to submit a
successful response to the bid described herein.
Interested bidders should subscribe to receive bid updates and notifications via the City's
website at: https://public.govdelivery.com/accounts/CACITYORANGE/subscriber/new as
well as emailing CommServBids@ cityoforange.orq to be added to the contact list for this
specific bid list in order to receive emailed updates of any revised/additional information
and addenda.
It is the responsibility of the interested bidder to request being added to the bid list and
to check the website frequently to look for any additional updates.
Project Name: EL CAMINO REAL PARK BOOSTER PUMP
INSTALLATION
Location Address: El Camino Real Park, 400 N. Main Street, Orange, CA 92868
Contact Name: Paul Miller, Park Maintenance Supervisor
Phone Number:714-532-6472
E-Mail Address:pmiller@cityoforange.org
PROJECT DESCRIPTION: The City of Orange, CA, a Municipal Corporation, is requesting qualified
contractors to provide bids in accordance with the specifications prepared by City of Orange
Staffing. All work shall also conform to City of Orange codes, ordinances and standards. The work
will generally include, but not be limited to:
Provide all work (labor, materials, and specified booster pump) necessary to install an irrigation
booster pump, provide miscellaneous demolition, masonry, electrical, planting and irrigation work.
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 29 of 41
GENERAL PROVISIONS:
1. A MANDATORY job walk has been scheduled for February 28, 2023, at 9:00 am. at El
Camino Real Park, 400 N. Main Street, Orange CA, 92868
2. NOTE: All construction work shall be performed in adherence to the City of Orange Public
Works Standard Plans and Specifications (available at the Public Works counter for NON-
REFUNDABLE charge of $12.00 ($15.00 if mailed), the current edition of the "Green Book" for
Standard Specifications for Public Works Construction'and to the approved specifications listed
in this document.
3. Contractor shall, at all times, carry valid insurance, which meets all City of Orange insurance
requirements as outlined in Attachment No. 1.
4. Contractor shall pay prevailing wages per the current Department of Industrial Relations wage
rate (including all scheduled increases) and furnish Certified Payroll Reports for all workdays.
5. The contractor is responsible for carrying/acquiring all pertinent licenses/permits for
accomplishing this work. Contractors bidding for work on this project must hold an active
State of California Contractors License; C-27 - Landscape Contractor.
6. All work shall conform to the specifications contained in the RFB and any subsequent
agreements.
7. Contractor shall be required to provide a $1,500.00 deposit for use of a City water meter on a
City fire hydrant, if required. Contractor shall be charged $2.75/day for water meter rental and
shall be responsible for all water charges associated with project. Consumption charges of
2.59 per hundred cubic feet of water apply.
8. Working hours will be per City of Orange ordinance; 7:00 am till 3:30 pm. Weekend work will
only take place with permission from the City of Orange.
9. No new access points will be allowed within the boundaries/scope of this project. The
Contractor is to prepare estimates for work based upon the existing ingress/egress to each
work site.
10. All vehicles used by the contractor are to be identified with door signs (approx. 20" x 16",
magnetic sign okay) or equivalent with the company name and phone number. These need
to be visible from both sides of said vehicle.
11. Uniforms: All of contractor's employees shall wear appropriate uniforms at all times while on
duty. Uniforms must have the contractor's name.
12. Background/Security: All personnel engaged in performance of this work shall be employees
of the contractor and as such shall be warranted to possess sufficient experience and security
records to perform this work.
13. All construction work as described in this document is to be completed within 15 working days
from a Notice to Proceed (NTP) from the City of Orange. A 'working day' is considered to be
Monday through Friday, excluding weekends, holidays and rain (weather related) delay days.
Failure to complete all work as described within this bid request and the 15 working days will
result in 'Liquidated Damages' being applied to the Contractor at a rate of $ 400.00 per day.
14. All questions, requests for clarification, and comments shall be sent to the City by email, and
must be clearly titled "Written Questions". All such e-mails shall be sent to Paul Miller, Park
Maintenance Supervisor, at pmiller@cityoforange.org. The City shall not be responsible for its
failure to respond to e-mail questions that have not been titled as such, and that have not been
sent directly to Mr. Miller. All questions regarding this'EL CAMINO REAL PARK BOOSTER
PUMP INSTALLATION' are to be submitted by email to Paul Miller by March 2, 2023
by 12:00 p.m.
15. Safety and Code of Conduct:
A. Safety is a priority at all times with all work being done in a safe and compliant manner.
B. Safety practices will be enforced onsite daily; safety inspections through a third-party
safety company will be enforced by the City if needed.
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Exhibit A: Page 30 of 41
C. All housekeeping procedures will be in effect maintaining an optimally functional work
environment.
D. All work on premises will be cleaned daily during the project and upon completion of the
project.
E. Perform a pre-job meeting to determine jobsite logistics and safety requirements.
F. Apply for and obtain permits and regulatory approvals as required by the City; the permit
cost will be waived by the City under this contract.
G. Set up all safety equipment; including, but not limited to, access-controlled zones.
Inspections
Contractor is required to call for a final inspection once installation is complete.
SCOPE OF WORK AND PROJECT SPECIFICATIONS
SCOPE OF WORK:
SITE PREP:
1. Supply all labor & equipment necessary for the installation/construction of the new booster
pump & irrigation modifications/improvements and other related work.
2. Supply temporary barrier fencing during construction. Barrier fencing to be six feet tall chain-
link, free-standing type. Fencing to surround entire area of construction.
DEMOLITION:
1. Remove existing pump, electrical equipment, irrigation fittings and equipment and return to
the City.
2. Provide all demolition/removal of concrete pads, soil, and debris within the designed footprint
of work improvement area.
3. All debris must be removed off site at the contractor's expense.
4. Provide the removal (off site) of all concrete, concrete blocks, metal scrap and footing soil at
the contractor's expense.
5. Protect in place existing amenities to remain in place.
CONSTRUCTION:
1. Provide and install new Watertronics Irrigation Booster Pump Station specified in Exhibit A,
Plans and Specifications, including new concrete pad.
2. Concrete pad will be dimensions noted in pump specification. Concrete pad will be minimum
31/2 inches thick, and minimum 2500 PSI compression strength.
3. Provide the re-connection of all existing irrigation components (backflow, main lines, lateral
lines, flow sensors, control wires, etc.) that may/will be disconnected or disturbed during this
construction process.
4. Repair of all broken or disconnected irrigation components that occurs in any portion of the
completion of this agreement will be repaired by the contractor to the satisfaction of City
representative.
5. Provide the installation of one (1) marine grade aluminum enclosure, per detail.
6. Use existing electrical source from existing pump. Add new conduit as needed.
7. Excavation backfill shall be native soil, placed in twelve-inch lifts. Compaction is 90% for
hardscape (i.e. walkways, picnic pads, basketball and tennis courts); and 85% in areas to be
planted. Place topsoil at top six inches over trenches in planted areas. Upon completion, all
trenches and excavation shall be filled flush with adjacent finish grades.
8. All removed and damaged turf will be replaced with West Coaster Tall Fescue sod from West
Coast Turf or equivalent approved by City representative.
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81 E-93B3FB34B1 CA
Exhibit A: Page 31 of 41
Notes:
Booster pump to be installed with the marine grade aluminum enclosure as shown in detail.
All control wire connections to be made with silicone gel connectors. Any underground splicing
connections to be within a NDS Pro Series Plus 14"X 19"(NDS 314BC) rectangular valve box.
Any new underground control wire to match existing in size and type.
SPECIAL INSTRUCTIONS:
1. The Contractor shall provide with this RFB a minimum of three (3) references of
commensurate/equal work with cities and/or municipalities. References shall
represent/include:
Work completed within the last five (5) years.
A description and location of said work.
An approximate cost of said work.
2. A contact person and phone number to verify work. The City reserves the right to reject at any
time any or all bids, or parts thereof, and to waive any variances, technicalities and informalities
which do not impair the quality, or performance of the project.
3. The City reserves the right to reject any contractor who they feel does not meet a qualifying
work experience or satisfying references.
4. All square foot and linear foot totals listed in this RFB, and/or plans are approximate. The
contractor is responsible for all measurements (linear and square foot) included in this bidding
package and/or approved plans.
5. The contractor is responsible for the repair of any existing site amenities, inside or outside of
the facility, including but not limited to: concrete, landscape, storm drain, supply lines or
sprinklers that are damaged during the implementation of this work. Any and all replacement
work will be performed to the satisfaction of the City of Orange. Any damages to City or
residential property resulting from the contractor's work shall be repaired or replaced at the
contractor's expense to the satisfaction of the City of Orange.
6. The contractor is required to provide and post appropriate signage directing/redirecting any
and all pedestrian traffic in appropriate directions, per City of Orange.
TIME LINE (APPROXIMATE):
1. Job walk: February 28, 2023 at 9:00 am.
2. Deadline for questions regarding RFB: March 2, 2023 by 12:00 p.m.
3. Bids due:March 9, 2023 by 2:00 p.m.
4. Presentation to City Council: April 11, 2023
5. Notice to Proceed: TBD
BID SUBMISSION:
Provide response to the above REQUEST FOR BID on attached Bid Sheet and return all
pages of the Request for Bid(including the scope and specification sections) references.
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 32 of 41
Bids must be received on March 9, 2023 by 2:00 P.M. at the City of Orange City Clerk's
Office (300 E. Chapman Ave., Orange, CA 92866). Responses may be sent via U.S. Mail, or
delivered personally to the above address. Please provide three copies of bid packets.
Bid Packets Must Be Labelled Appropriately:
RFB 22-23.28- EL CAMINO REAL PARK BOOSTER PUMP INSTALLATION
Attn: City of Orange, City Clerk's Office
The City reserves the right to reject any and all Bids and any item on items therein, and to
waive any non-conformity of Bids with this Request for Bid, whether of a technical or
substantive nature, as the interest of the City may require.
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 33 of 41
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT
230 E. CHAPMAN AVENUE
ORANGE, CALIFORNIA 92866-1591
714) 744-7274
Kormex Construction, Inc.
Company Name (Bidder)
TO THE CITY COUNCIL OF THE CITY OF ORANGE:
In compliance with the notice inviting bids, plans, specifications and other contract documents for
the construction of Bid No. 22-23.28: El Camino Real Park Booster Pump, the
undersigned has carefully examined: the location of the proposed work, character, quality and
quantity of work to be performed, conditions to be encountered, materials to be furnished and as to
the requirements of the plans, specifications and other contract documents; agrees that submission
of a proposal shall be considered prima facie evidence that the bidder has made such examination;
and proposes to furnish all labor, materials, tools, and equipment necessary to complete the work in
accordance with said plans, specifications and other contract documents at the following unit or lump
sum prices set forth in the schedule.
Contractor agrees to commence the work provided within ten (10) days of the date herein above
stated and to diligently prosecute completion of the work in the time period agreed to by and between
the representatives of the parties.
The undersigned agrees that the foregoing estimate of quantities of work to be done and materials
to be furnished are approximate only, being given as basis for the comparison of bids.
The undersigned agrees that the City will not be held responsible if any of the approximate quantities
shown in the foregoing proposal shall be found incorrect, and shall not make any claim for damages
or for loss of profits because of a difference between the quantities of the various classes of work as
estimated and the work actually done. If any error, omission or mis-statement shall be discovered
in the estimated quantities, it shall not invalidate this contract or release the undersigned from the
execution and completion of the whole or part of the work herein specified, in accordance with the
specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefore,
or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or
compensation otherwise than as provided for in this contract.
The undersigned agrees that the City shall have the right to increase or decrease the quantity of any
bid item or portion of the work or to omit portions of the work as may be deemed necessary or
expedient, and that the payment for incidental items of work not separately provided in the proposal
shall be considered included in the price bid for other various items of work.
Accompanying this proposal is 10% Bid Bond of Total Bid ($10% Bid Bond of Total Bid)
NOTICE: Insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be, in an
amount equal to at least 10 percent of the total bid price, payable to the City of Orange to guarantee
that the bidder will, if awarded the contract, promptly execute such contract in accordance with the
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 34 of 41
proposal and in the manner and form required by the contract documents, and will furnish good and
sufficient bonds for the faithful performance of the same.
The undersigned deposits the above named security as a proposal guaranty and agrees that it shall
be forfeited to the City of Orange as liquidated damages in case this proposal is withdrawn by the
undersigned and the undersigned shall fail to execute a contract for doing said work and to furnish
good and sufficient bonds in the form set forth in the specifications and contract documents of the
City, with surety satisfactory to the City within 15 days after the bidder has received written notice
of the award of the contract; otherwise, said security shall be returned to the undersigned.
Bidder hereby declares in writing, under penalty of perjury that all employees who will be performing
labor, maintenance, delivery, installation or repair, will be those who are legally entitled to live and
work in the United States. Further, the bidder as employer agrees to provide documentary proof of
such eligibility (when requested by the City of any other authorized entity or agency).
Bids are to be submitted for the entire work. The bidder shall set forth for each unit basis item of work
a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible
figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount
set forth under the "Item Total" column shall be the product of the unit price bid and the estimated
quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit
basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is
the same as the amount as the entry in the item total column, then the amount set forth in the item
total column for the item shall prevail and shall be divided by the estimated quantity for the item and
the price thus obtained shall be the unit price;
b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly
off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total,
the discrepancy will be resolved by using the entered unit price or item total, whichever most closely
approximates percentage wise the unit price or item total in the City of Orange Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid
may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise
unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single
item and a clear, readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance in
establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums
will be interpreted according to the number of digits and, if applicable, decimal placement. Cents
symbols also have no significance in establishing any unit price or item total since all figures are
assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall
be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the
item total, the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to
cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation
not specifically provided for will be determined in the discretion of the City of Orange, and that discretion
will be exercised in the manner deemed by the City of Orange, to best protect the public interest in the
prompt and economical completion of the work. The decision of the City of Orange respecting the
amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.
0
00
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LIST OF SUBCONTRACTS CD
D
ID
aov ..
CO CP
D
A. The undersigned intends to subcontract a portion of this project to the following subcontracts(Note: 01 o
Refer to Section 2.3 of the Standard Specifications and Section 4100 through 4113 of the California o
Contract Code for SUBCONTRACT DISCLOSURE REQUIREMENTS.
co
Co
NAME OF SUBCONTRACTOR LICENSE BID ITEM NUMBER(S)PERCENT OF CHECK IF DESCRIBE WORK WHEN AMOUNT in
AND ADDRESS NO. BID ITEM SPECIALITY LESS THAN 100%OF WORK BASED ON
W
SI IRRrn IS SI!RAM Rln AMOUNT
CO
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B. XXxx The undersigned DOES NOT INTEND to subcontract any portion of this project.
NOTE: The bidder shall check Box A or B as applicable. If the bidder does not check either box, it will be deemed that he has
checked Box B.
nick J Lopez
Signature kt i
8
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 36 of 41
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985),the bidder hereby declares
under penalty of perjury under the laws of the State of California that the bidder has _,has not x been
convicted
within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery,
collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding
upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with
any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California
or the Trustees of the California State University. The term "bidder" is understood to include any partner, member,
officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section
10285.1.
Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The
above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also
constitute signature of this Statement. Bidders are cautioned that making a false certification may subject
the certifier to criminal prosecution.
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the
following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder,
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project because of a violation of law or a safety regulation?
Yes No X
If the answer is yes, explain the circumstances in the following space.
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that
no more than one final unappealable finding of contempt of court by a federal court has been issued against the
Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order
of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.
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Exhibit A: Page 37 of 41
Non-collusion Affidavit
Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF ORANGE — DEPARTMENT OF COMMUNITY SERVICES
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the
bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any
other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and,
further, that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this Non-
collusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to
criminal prosecution.
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 38 of 41
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS,
PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other
person associated therewith in the capacity of owner, partner, director, officer, manager:
is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any Federal agency;
has not been suspended, debarred, voluntarily excluded or determined ineligible by any
Federal agency within the past 3 years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgement rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the past
3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. For any exception noted above, indicate below to whom it applies, initiating agency,
and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Certification.
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Exhibit A: Page 39 of 41
The undersigned bidder hereby represents as follows:
That no Councilman, officer, agent, or employee of the City of Orange, is personally interested, directly
or indirectly, in the Contract, or the compensation to be paid hereunder:
That this bid is made without connection with any person, firm or corporation making a bid for the same
work, and is in all respects fair, and without collusion or fraud.
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of
California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162,
10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of
Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the
California Administrative Code). By my signature on this proposal I further certify, under penalty of
perjury under the laws of the State of California and the United States of America, that the Noncollusion
Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106;
and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true
and correct.
Date: 3/7/23
Kormex Construction, Inc.
Sign 2324 S. Vineyard Ave Ste K, Ontario, Ca 91761
Here
Signature a d Title of Bidder
If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual
co-partners composing the firm. If a corporation, state legal name of corporation, also names of President,
Secretary, Treasurer and Manager thereof).
NAME OF BIDDER Kormex Construction, Inc. -Type S California Corporation
BUSINESS P.O. BOX N/A
CITY, STATE, ZIP N/A
BUSINESS STREET ADDRESS 2324 S. Vineyard Ave Ste K
Please include even if P.O. Box is used)
CITY, STATE, ZIP Ontario, CA 91761
PLACE OF BUSINESS (Include City & State) 2324 S. Vineyard Ave Ste K, Ontario, CA 91761
PLACE OF RESIDENCE (Include City & State) 2324 S. Vineyard Ave Ste K, Ontario, CA 91761
Telephone No. (909) 218-5700 Fax No. (909) 218-5701
Licensed in accordance with an Act providing for the registration of Contractors.
LICENSE NUMBER 1073142
LICENSE CLASS A/C27
DocuSign Envelope ID:5B8B6336-FC12-48B9-A81E-93B3FB34B1CA
Exhibit A: Page 40 of 41
Attachment 1: SPORTS FIELD RENOVATION
Sample Liability Insurance
Contractor shall procure and maintain for the duration of this Agreement insurance against
claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the work hereunder and the results of that work by the Contractor, his
agents, representatives, employees or subcontractors.
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00
01).
2. Insurance Services Office Form Number CA 00 01 covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
Contractor shall maintain limits no less than:
1. General Liability: 2,000,000 per occurrence for bodily injury, personal
injury and property damage. If
Commercial General Liability insurance or
other form with a general aggregate limit
is used, either the general aggregate limit
shall apply separately to this
project/location or the general aggregate
limit shall be twice the required occurrence
limit.
2. Automobile Liability:1,000,000 per accident for bodily injury and property
damage.
3. Workers' Compensation:As required by the State of California.
4. Employer's Liability: 1,000,000 per accident for bodily injury or disease.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, it officers, officials and employees; or the Contractor shall
provide a financial guarantee satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration, and defense expenses.
Each policy of general liability and automotive liability insurance shall contain, or be endorsed to
contain, the following provisions:
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Exhibit A: Page 41 of 41
1. The City, its officers, officials, agents and employees are to be covered as additional
insureds with respect to liability arising out of automobiles owned, leased, hired or
borrowed by or on behalf of the Contractor; and with respect to liability arising out of
work or operations performed by or on behalf of the Contractor, including materials,
parts or equipment furnished in connection with such work or operations. General
Liability coverage shall be provided in the form of an Additional Insured Endorsement
Insurance Services Office, Inc. Form CG 20 10 11 85 or such other form as may be
acceptable to the City) to the Contractor's insurance policy, or as a separate owner's
policy.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials and employees. Any insurance or self- insurance
maintained by the City, its officers, officials and employees shall be excess of the Contractor's
insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior written notice has been provided to the
City
The Contractor shall furnish the City with original certificates of insurance and endorsements effecting
coverage required by this clause. The endorsements should be on forms acceptable to City. All
certificates and endorsements are to be received and approved by the City before work commences.
However, failure to do so shall not operate as a waiver of these insurance requirements. The City
reserves the right to require complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications at any time.
All insurance procured and maintained by the Contractor shall be issued by insurers admitted to
conduct the pertinent line of insurance business in the State of California and having a rating of Grade
A or better and Class VII or better by the latest edition of Best's Key Rating Guide.
Contractor shall immediately notify the City if any required insurance lapses or is otherwise modified
and cease performance of this Agreement unless otherwise directed by the City. In such a case, the
City may procure insurance or self-insure the risk and charge Contractor for such costs and any
and all damages resulting therefrom, by way of set-off from any sums owed Contractor.
Contractor hereby agrees to waive subrogation, which any insurer of the Contractor may
acquire from the Contractor by virtue of the payment of any loss. The Contractor agrees to obtain
any endorsement that may be necessary to effect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the
City for all work performed by the Contractor, its employees, agents and subcontractors.
The Contractor shall require and verify that all subcontractors maintain insurance meeting all of the
requirements stated herein.