AGR-6441.A - TURBOSCAPE INC - AS-NEEDED REPLENISHMENT OF PLAYGROUND WOOD CHIPS FOR CITY TOT LOTSA-1 44\9f
MAINTENANCE SERVICES AGREEMENT
Tot Lot Wood Chip Replenishment Program (Bid 190-40)]
THIS MAINTENANCE SERVICES AGREEMENT (the "Agreement") is made at
Orange, California, on this 4tn day of June 2020 by and between the CITY
OF ORANGE, a municipal corporation("City") and TURBOSCAPE, 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 this 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. Contractor represents that it is experienced in performing the work and will follow the
highest professional standards in performance of the work. 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.
David Nobbs, Park 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. Total Compensation,Annual Compensation and Fee Schedule.
a. Contractor's total compensation for all services performed under this
Agreement, shall not exceed ONE HUNDRED FORTY THOUSAND DOLLARS and 00/100
140,000.00)without the prior written authorization of City.
b. The compensation for services performed under this Agreement shall be paid
as specified in Exhibit"B."
c. The above fee shall include all costs, including,but not limited to, all clerical,
administrative, overhead, insurance, reproduction, telephone, travel, auto and equipment rental, and
all related expenses.
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. All amendments shall set forth in writing the changes of work, extension of time,
and/or adjustment of the compensation to be paid by City to Contractor and shall be approved by both
parties. The City Manager is authorized to execute amendments to this Agreement up to the amounts
specified in Chapter 3.08 of the Orange Municipal Code. City's Project Manager is authorized to
direct a reduction in the services to be performed and compensation therefor. Any such reduction in
services and/or compensation shall be in writing and shall continue for so long as is specified in the
writing. Said reduction in services and/or compensation shall not be considered an amendment to this
Agreement.
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 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.
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8. Desi nated Persons. Except as otherwise authorized by City's Project Manager, only
the employees of Contractor 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. Assi nment or Subcontractin. 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 had 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. Term. The term of this Agreement shall be for four(4)years, commencing on July 1,
2020, and ending on June 30, 2024.
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 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. Reserved.
15. Equal Employment Opportunitv. During the perfortnance 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.
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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 contractor 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 subcontractor's 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.
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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.
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.
f.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.
g. 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.
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h. 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.
i.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.
j.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 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.
k. 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 Manager 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 LawsBack round.
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. 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
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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 and shall comply with all
statutory requirements thereunder. Statutory provisions for penalties for failure to comply with
prevailing wage laws will be enforced. 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 Contract, Contractor must meet all State registration
requirements and criteria, including project compliance monitoring.
c. Contractor represents and warrants that it:
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, 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.
e. Contractor shall require all subcontractors to make the same representations and
warranties as set forth herein.
f.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.
g. All personnel performing any services to City under this Contract shall possess
sufficient experience and security records to perform the work at public facilities. Contractor shall
conduct and complete, to City's satisfaction, sufficient background checks to ensure no personnel
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performing services under this Contract is listed on the National Sex Offender Public Registry
NSOPR"). Contractor shall monitor personnel security records to ensure no existing or new
employees performing services under this Contract are added to the NSOPR or convicted of any crimes
that would disqualify them from adhering to conduct conducive to public safety.
h. All costs associated with the documentation and verification required herein
shall be borne by Contractor. Contractor shall require all subcontractors to provide the same
documentation and verification when hired to perform services under this Contract. City has the right,
in its sole and absolute discretion, to reject any employee of Contractor assigned to perform services
for City,with or without cause,at the time of such assignment or at any time thereafter,and Contractor
shall remove that employee from providing services to City to the extent pertnitted by law and any
applicable collective bargaining agreement. City's rights under this Article shall not be exercised in
an arbitrary or capricious manner, or with the intent of forcing a termination of this Contract
i.Contractor agrees to indemnify and hold City, its officials, 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 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 perfortned 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 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 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"
Turboscape, Inc. City of Orange
P.O. Box 1062 300 E. Chapman Avenue
Lake Elsinore, CA 92531 Orange, CA 92866-1591
Attn.: Clint Hannon Attn.: Paul Miller
Telephone: 951-906-5799 Telephone: 714-532-6400
E-Mail: clint@turboscape.com E-Mail: pmiller@cityoforange.org
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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.
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year
and day first above written.
CONTRACTOR"CITY"
TURBOSCAPE, INC , a California corporation CITY OF ORANGE, a municipal corporation
By: By:
Printed e: Clint Hannon Mark . Murphy, Mayor
Title:President
By: ATTEST:
Printed Name:Rebecca Meto r
T1tle: Secretary
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
VlJ
Mary E. Bi ing
Senior Assistant City Attorne
NOTE:The 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 the City.
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EXHIBIT "A"
SCOPE OF SERVICES
Beneath this sheet.]
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Exhibit A-Page 1 of 6
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CITY OF ORANGE
COMMIJNITY SERVICES DEPARTNENT www.cityoforange.org PFION6: (714)744-7274 • FAX:(71J)743-7251
REQUEST FOR BIDS (RFB 190-40)
Tot Lot Wood Chip Replenishment Program
Company/Contractor's Name: Turboscape, Inc.
Address: Po Box os2, Lake Elsinore,Ca 92531
Contact Name: Ciint Hannon
Phone#: (951)906-5799
E-mail Address: clint@turboscape.com
Date: 3/16l20
City Contact Name: David Nobbs, Parks Maintenance Supervisor
Phone#: 714) 532-6468 (office)
E-mail Address: dnobbs@cityoforange.org
The City of Orange,CA,a municipal corporation, hereby invites the submission of bids for a
four-year agreement to provide certified tot-lot wood chips to thirteen (13) city playground sites
on an as needed basis, per request of City Representative.
ALL B[DS MUS"I'[3E RECGIVED AND DATF./TIMG STAMPLD BY'I'fiE CITY CI,GRK'S OFFICG ON OR
3EFORE T'FIE PROPOSr L DL1E DATE.ANY PROPOSALS RF.•.CEIVED AFTER THE DUE DATG/T1ME STATED
WILL BE RETURNED TO l't IE PROPOSGRS UNOPENED.
Rf P 190-40 Page 1 of 6
Exhibit A-Page 2 of 6
GENERAL PROVISIONS:
l. 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 char;e of$12.00 ($1.00 if mailed) and the current edition of the "Green
Book" for `Standard Specifications for Public Works Construction'.
2. Contractor shall, at all times,carry valid insurance,which meets all City of Orange insurance
requirements as outlined in Attachment No.l.
3. Contractor shall pay prevailing wages per the current Department of Industrial Relations wage
rate(including all scheduled increases)and furnish CertiFed Payroll Reports for all work days.
4. The contractor is responsible for carrying all pertinent licenses/permits for accomplishing this
work.
5. All vehicles required to drive onto a park site must be identified with door signs (approx. 20"
x 16", magnetic sign is acceptable)or equivalent with the company name and phone number.
These need to be visible from both sides of said vehic(e.
6. All of contractor's employees sliall wear appropriate unifom s at all times while on duty.
Uniforms must have the contractor's name. A photo ID Badge is to be worn at all times.
7. All maintenance work shall conform to the specifications contained in the Request for Bids
and any subsequent Agreements.
8. Working hours will be per City of Orange ordinance. Weekend vork will only take place with
permission from the City of Orange.
9. As scheduled services are completed, contractor shall submit to the City an invoice for the
services completed.
A. The invoice shall be in accordance with the contract price and will become the basis for
payment.
B. The invoice shall be subject to review and approval by the City's representative. Approval
of invoices is conditional upon proper itemization of services rendered and supplies
utilized, as prescribed by this Request for Bid.
C. The City shall pay all submitted invoices within 30 days of approval.
D. Any charges in the invoice not approved by the City's representative shall not be paid by
the City.
RFP 190-40 Page 2 of 6
Exhibit A-Page 3 of 6
A written estimate for all work that is above and beyond the normal scheduled work must be
provided to the City's representative for all additional work requested and agreed upon bettiveen
the contractor and the City's representative. All additional work shall not proceed without
written approval of the City's representative.
PROJECT SITES: Thirteen City of Orange Park Sites
Location Address Square Footage
Hart Park 701 S.Glassell St.,Orange,CA 92866' 6,080 sq. ft
McPherson Athletic 333 S. Prospect Avenue,Orange,CA 92869 9,000 sq.ft
Center
La Veta Park 3705 E. La Veta Avenue,Orange,CA 92867 760 sq.ft.
El Modena Park SSS S. Hewes St.Orange,CA 92869 3,600 sq.ft.
Santiago Hills Park 8040 E. White Oak Ridge,Orange,CA 92869 3,560 sq.ft.
Handy Park 2143 E.Oakmont Avenue,Orange,CA 92867 5,695 sq.ft.
Grijalva Park 368 N.Prospect Avenue,Orange,CA 92869 6,560 sq.ft.
Eisenhower Park 2864 N.Tustin St.,Orange,CA 92865 (2 sites) 8,600 sq.ft.
Olive Park 2841 N.Glassell St.,Orange,CA 9286 3,450 sq.ft.
Shaffer Park 1930 N.Shaffer St.,Orange,CA 9286 9,828 sq. ft
Belmont Park 4536 E.Via Escola Avenue,CA 92865 4,12 sq.ft.
EI Camino Real Park 400 N.Main St.,Orange,CA 92868 2,600 sq.ft.
Killefer Pazk 615 N.Lemon St.,Orange,CA 92866 3,480 sq.ft.
Estimated total square footage of all tot lots =72,338 sq. ft.
SCOPE OF WORK AND PROJECT SPECIFICATIONS:
SITE PREPARATION:
1. Supply all equipment and labor necessary for the described work within this RFB.
2. The contractor is responsible for making himself familiar with all existing site conditions
at the various Park sites vithin the City of Orange including all ingress/egress access and
all amenities that are to be protected,as w ll as existing plant material that is to be protected
in place.
RFP 190-40 Page 3 of 6
Exhibit A-Page 4 of 6
3. At the conclusion of each day's work,the contractor shall remove all tools and equipment
from the project site. The project site shall be left each day in a clean, neat and safe
condition.
SCOPE OF WORK:
l. Blow in installation required (from street)as requested by City's representative.
2. Replenishment at each tot lot to occur approximately two times per year,or as needed. lt
is anticipated that approximately 900 cu yds.will be needed in late spring in the first
year.Additionally,approximately 700 to 900 cu yds. will be needed in each additional
year of the agreement(years two through four).
3. Provide cubic yard cost for material to include installation(including any applicable taxes
or fees.).
4. No driving within parks.All tot lots are located within 200'of streets or parking lots, with
one exception, McPherson Athletic Center, where park access will not be possible.
Communication and coordination with City personnel will be required for this effort.
5. The RFB is for a four(4)year replenishing program. Agreement term (July l,2020
through June 30, 2024).
6. Wood chips must meet all CPSG, RDA,and ASTM Standards. Contractor to submit one
1)quart size Ziploc bag with wood chips sample and must include all source information
with bid. Submit product certification with bid. Chips should be free of foreign material,
pests or other matter not consistent with,or conductive to healthy human contact and play
activity.
7. Delivery of chips to occur within two calendar weeks of placement of order by the City.
8. Contractor to provide certification with each invoice.
SPECIAL INSTRUCTIONS:
t. The contractor is responsible for the repair of any existing site amenities, concrete,
landscape, irrigation 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.
2. Any damages to City or residential property resulting from the contractors work shall be
repaired or replaced at the contractor's expense to the satisfaction of the City of Orange.
3. If/when street closures are required in completion of this work; the contractor must first
gain permission from the City of Orange.
4. The contractor is required to provide and post appropriate signage directing/re directing
any and all pedestrian traffic in appropriate directions, per City of Orange.
5. The contractor is required to provide with the submittal of bid not less than 3 references
indicating:
1) A description of work including location/address and approximate cost of job.
2) A contact name and phone number for City of Orange staff to call and verify work.
RFP 190-40 Page 4 of 6
Exhibit A-Page 5 of 6
3) Work references must demonstrate commensurate/equal type of experience and
skill.
6. The contractor is required to provide the name,title and telephone number of the individual
to whom correspondence and communication should be directed during the duration of this
work. Said individual is to have full kno vledge of this work and the abi(ity to
consult/discuss with the City.
7. The City reserves the right to reject any contractor who they feel does not meet a qualifying
work experience or satisfying references.
BID SUBMISSION:
Provide response to the above REQUEST FOR BIDS on attached Bid Sheet and retcn•n allpaQes
of the Reqa est 1'or 13ids, inchrding 1he scope and speciTcation sections, and arry addenda. Bids
must be received by the City Clerk's Office by 2:00 P.M.on Thursdav,A ril 9.2020. Responses
may be sent via U.S. Mail, or delivered in person, to the above address.
All questions,requests for clarification,and comments shall be sent to the City by e-mail,and must
be clearly titled "Written Questions". All such e-mails shall be sent to Dave Nobbs, Parks
Maintenance Supervisor, at dnobbs@cityoforange.org by Thursday, April 2, 2020 by 12:OOpm.
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.Nobbs.
The stated bid amount below constitutes the total dollar amount to perform the work described in
the above scope of services and is to include all that is required to provide the work product and/or
install all materials required to complete the work to a professional workmanship standard, and to
install and apply all materials per all manufacturer's specifications and recommendations.
Contractor represents and warrants that it has thoroughly investi ated and considered the scope of
services and fully understands the difficulties and restrictions in performing the work. Contractor
represents that it is experienced in performing the work and will follow professional standards in
performance of the work. All services provided shall conform to all federal, state and local laws,
rules and regulations and to the best professional standards and practices.
The City reserves the right to reject any and all bids and any item or items therein, and to waive
any non-conformity of bids with this RFB, whether of a technical or substantive nature, as the
interest of the City may require.
TIME LINE (APPROXIMATE):
1. Deadline for questions regarding projecdRFB: April 2,2020 by I2:00 p.m.
2. Bids due/bid opening: April 9,2020 by 2:00 pm.
3. Presentation to City Council: May 12,2020
4. Notice to Proceed: July 1,2020
5. Work to be completed by: TBD
RFP 190-40 Page 5 of 6
Exhibit A-Page 6 of 6
Four-Year Tot Lot Wood Chip Replenish Program
BID SHEET
Date: 3/16/20
Bid Submitted by: Clint Hannon
Company Name: Turboscape, Inc.
Address: Po aox os2
Lake Fleinore.Ga Q2531
Phone#: 951)906-5799
Fax#: 866)887-2672
E-mail Address: clint@turboscape.com
Contact Name: Clint Hannon
Clint Hannon
Signature o Respon ible Officer or Employee Print Name
PROJECT SITES
Location Names: Hart Park, McPherson Athletic CenterPark, La Veta Park, EI Modena Park,
Santiago Hills Park, Handy Park, Grijalva Park, Eisenhower park (2 sites), Olive Park, Shaffer
Park, Belmont Park, El Camino Real Park, Killefer Park(see page 4 for addresses)
Contact Name: Dave Nobbs, Parks Maintenance Supervisor
Phone#: 714-532-6468
E-Mail Address: dnabbs acitvofocan e.or.,
The stated bid amount below constitutes the total dollar amount to perform the vork described in the above
scope of services to include all that is required to provide the work product and/or install all materials
required to complete the work to a professional worl:manship standard,and to install and apply all materials
per all manufacturer's specifications and recommendations.
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. Contractor represents that it
is e:perienced in performing the work and vill follow professional standards in performance of the work.
All services provided shall conform to all federal,state and local laws,rules and regulations and to the best
professional standards and practices.
BID AMOUNT: (Per cubic yard installed regardless of annual quantity)
Year one 41.00 per cubic yard
Year two 42.00 per cubic yard
Year three $ 43.00 per cubic yard
Year four $ 44.00 per cubic yard
Four-year aggregate unit cost$
RFP 190-40 Page 6 of 6
EXHIBIT "B"
COMPENSATION FOR SERVICES
Beneath this sheet.]
Exhibit B-Page lof 1
Compensation for TURBOSCAPE, INC.
Tot Lot Woodchip Replenishment Program
Four-Year Term
July 1, 2020 to June 30, 2024
Year 1: 7/2020 through 6/2021 Up to $35,000
Year 2: 7/2021 through 6/2022 Up to $35,000
Year 3: 7/2022 through 6/2023 Up to $35,000
Year 4: 7/2023 through 6/2024 Up to $35,000