AGR-4547.D - ENVIRONMENTAL WATER MANAGEMENT INC - LAKE POND STREAM MAINTENANCE SERVICES AT EISENHOWER PARKA R-4-'7.
MAINTENANCE SERVICES AGREEMENT
Maintenance Services for Eisenhower Lake, Pond & Stream]
THIS MAINTENANCE SERVICES AGREEMENT (the "AgreemenY') is made at
Orange, Califomia, on this{{day of 'Sur 2020 by and between the CITY
OF ORANGE, a municipal corporation ("City") and ENVIRONMENTAL WATER
MANAGEMENT, 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 inducemen[ to City to enter
into this Agreement, Contractor represents and wanants 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 [he 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, 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 Comoensation,Annual Compensatian and Fee Schedule.
a. Contracror's total compensatio for all services performed under this
Agreement, shall not exceed ONE HUNDRED FIFTY E1GHT THOUSAND DOLLARS and 00/100
158,000.00)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 shafl 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. Pavment.
a. As scheduled services aze 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. Chanae 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 [o
this Agreement. City's Project Manager is authorized to direct 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 Ciry 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 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 Agreemen[. Contractor shall, at its sole cost and expense, furnish all facilities,
materials and equipment which may be required for fumishing 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 subcon[ractors, agents and employees, including compliance
with social security, withholding and all other wages, salaries, benefits, taaces, 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 no[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 Aeent. Except as City may specify in writing, Conhactor 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, [o bind City to any obligation whatsoever.
S. Desi2nated 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 padies that clerical and other nonprofessional work may be performed by persons other than
those designated.
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9. Assianment or Subcontractine. 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. Liquidated Damaees. As provided in Exhibit"A,"Contractor shall pay City, or have
withheld from monies due it, as liquidated damages,the sum of Three FInndred Dollars ($300.00)per
day for each and every calendar day's delay in finishing the work within the time specified, including
any written extensions which may be granted, in writing, in accordance with this Agreement.
13. Delays and Extensians of Time. Conhactor'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, i[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 amendmen[[o
this Agreemen[.
14. Reserved.
15. Equal Emplovment Oaaortunitv. 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, menta] 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 recruitme t 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 ofthis 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.
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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 subconhacts for standard commercial supplies or raw materials.
16. ConfliMs 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 Con[ractor Imows or has reason to know fhat Contrac[or, its officers, partners, or employees
have a financial interest as defined in Section 87103 of the Govemment Code.
1Z Indemnitv.
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, fimi or corporation employed by Contractor, either d'uectly 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 proper[y; 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 liabiliry
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
subpazagraph.
b. Reserved.
c. Except for the Indemnitees, the indemnifications provided in this Agreement
shall not be constmed to extend any third party indemnification rights of any kind to any person or
entity which is not a signatory to Ihis 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 Conhactor aod its successors.
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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 Ciry,
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 cedificate 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 con[racting party. The minimum coverage required by Subsection 18.b and c,above,shall
apply to City as an additional insured.
E 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 iu 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.
h. All insurance maintained by Contractor shall be issued by companies admitted
to conduct the pertinent line of insurance business in Califomia and having a rating of Grade A or
better and Class VII or better by the latest edition of Best Key Rating Guide.
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i.Contractor shall immediately notify City if any required insurance ]apses 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 Conh actor for such costs
and any and all damages resulting therefrom, by way of set-off from any sums owed Contractor.
j.Conhactor agrees that in the even[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 wi[h
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 fumish 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 termiriate this Ageement by giving
Contractor not less than five (5) days' written norice 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 rewrds, 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 LawsBackeround.
a. Contractor shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Ageement.
b. The work provided for in this Agreement constitutes a"public works," as that
term is defined in Section 1720 of the Califomia Labor Code, for which prevailing wages must be
paid, to the extent Contractor's employees will perfortn any work that falls within any of the
classifications for which the Deparhnent 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 thereundec Statutory provisions for penalties for failure to comply with
prevailing wage laws will be enforced. The general prevailing wage determinations for crafts can be
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located on the website of [he 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 o£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 Conhactor's employees; and
4) Has responded, and shall at all rimes during the tean 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 Ageement 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 subconfractors 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 tercnination 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
performing services under this Contract is listed on the National Sex Offender Public Regishy
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.
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h. All costs associated with the documentation and verification required herein
shall be bome 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 thereafrer,and Conhactor
shall remove that employee from providing services to City to the extent permitted 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.Conhactor agrees to indemnify and hold City, its o cials, 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, niles and
regulations in connection with the performance of this Agreement.
22. Governina Law and Venue. This Agreement shall be construed in accordance with
and govemed by the laws of the State of Califomia and Contractor agrees to submit to the jurisdiction
of Califomia courts. Venue for any dispute arising under this Agreement shall be in Orange County,
Califomia.
23. Inteeration. This Agreement constitutes the entire agreement o£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 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"
Environmental Wa[er Management, Inc.City of Orange
1585 San Bernazdino Place 300 E. Chapman Avenue
Costa Mesa, CA 92627 Orange, CA 92866-1591
Attn.: Steven R. Walters Attn.: Paul Miller
Telephone: 714-801-8546 Telephone: 714-532-6400
E-Mail: stevenwalters@msn.com E-Mail: pmiller@cityoforange.org
25. Counteroarts. This Agreement may be executed in one or more countetparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instmment. Signatures [ransmitted via facsimile and electronic mail shall have the same effect as
original signatures.
S
IN WI'INESS of this Agreement,t6e parties have e¢tered into this Aereement as of the year
aud day first above writlen.
1CONTRACTOR" CITY"
ENVIRONMENTAL NATER CITY OF ORANGE,a municipal corporation
bIANAGEMENT,INC.,a Califomia
cocporation
wBY. BY
Printed e: Mar A.Murphy,Mayor
Titte: IRQR.YJc'n i
BY ATTEST:
Printed Name: 5 i- /
Title:__.S"'TLvP.iz l ,/ f/
n l
Pamela Coleman,City CIerA
APPROVED AS TO FORM:
ta
MaryE.B' 'ug
Senior Assistant City Atromey
NOTE: "Ihe Cily requires the tollowing signa[ure(s)un behal[of the Conh•actor:
1) the Chairmao of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Flnancial OClicer, the Treasm•ec, an Assistant Secreta y or
an Asslstant Treasurer. If only one corporate oCficer exists or one corpm a[e
officer holds more than one corporate o ce,please so indicate.OR
Ihe coiTorate officer named in a corpoi:te resolutlon as authorized to enter into
this Agrcement. A copy of he corponle resolution, certified by lhe Secrelaiy
close in lime to the execution of the Agreemen[,musl be provided lo the Clty.
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EXHIBIT "A"
SCOPE OF SERVICES
Beneath this sheet.]
Exhibit A-Page 1 of IS
OF_OR,`'qA
F
CITY OF ORANGE
COMMUNINSERVICES EPARTMENT www.cityoforange.org PHONE: (714)744-7274 • FAX:(714)744-7251
REQUEST FOR BID (RFB) Bid No. 190-34
EISENHOWER PARK LAKE, STREAM
POP1D MAINTEMANCE
COMMUNITY SERVICES DEPARTMENT
230 E. Chapman Ave.
Orenge, CA 92866
Date: February 20, 2020
PROJECT NAME: Eisenhower Park Lake, Stream & Pond Maintenance
Location Address: 2864 N. Tustin St. Orange, 92865
Contact Name:Paul Miller- Parks Maintenance Suoervisor
E-Mail Address: pmillerCalcityoforange.org
Phone: 714-532-6472
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 staff. All work shall also conform to City
of Orange codes, ordinances, and standards.
The work will generally include, but not be limited to:
Provide regularand ongoing c%aning and preventative maintenance at the st eam,
lake, pond and waterfal/s located at Eisenhowe Pa k in Orange.
Page 1
Eshibit A-Page 2 of IS
GENERAL PROVISIONS
A mandatory job walk has been scheduled for Monday, March i6,
2020 at 9:00 a.m. at Eisenhower Park, 2864 N.Tustin St., Orange, CA
92865, in the lower parking lot, entrance from E. Main St.
NOTE: All deanina and maintenance work shall be performed in adherence to
the approved specifications listed in this document, City of Orange Landscape
Standards and Specifications available at the Public Works counter for NON-
REFUNDABLE charge of $12.00 ($15.00 if mailed), the current edition of the
CalTrans "Green Book" and the City of Orange Park Development Standards
and Specifications.
The contractor shall, at all times, carry valid insurance, which meets all City of
Orange insurance requirements as outlined in (Attachment No. 1).
The 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.
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.
All of contractor's employees shall wear appropriate uniforms at all times while
on duty. Uniforms must have the contractor's name. A photo ID Badge is to
be worn at all times.
All personnel engaged in performance of this work shall be employees of the
contrector and as such shall be warranted to possess sufflcient experience
and security records to perform this work at public facilities. Contractor is
responsible for conducting sufficient background checks before commencing
work under this agreement, to ensure no employees performing work in the
City of Orange on behalf of the contractor, are listed on the National Sex
Offender Public Registry (NSOPR). Contractor shall monitor employee security
records to ensure no euisting or new employees performing work under this
agreement are added to the NSOPR or convicted of ariy crimes that would
disqualify them from adhering to conduct conducive to public safety.
Note: l'he contractor is responsible for hauling off all debris and dead plant
material generated from all of the maintenance operations in this agreement. All
debris removed from the lake, stream, upper pond or waterfalls must be removed
from the park on the same day of the work that generated it. Contractor is to
provide an add alternate price estimate for the costs they would incur when using
a City approved waste hauling company to haul off debris and plant material, in
the event that the City is unable to accommodate the disposal of dredged or other
waste material at the Cit s Corporate Yard.
Page 2
Exltibit A-Page 3 of I S
SCOPE OF WORK AND PRO]ECT SPECIFICATIONS
SITE REQUIREMENTS:
Supply all equipment, biological control agents, and labor necessary for
preventative and scheduled maintenance.
The contractor is responsible for making him/herself familiar with all existing
site conditions at the work site within the boundaries of the lake, stream, upper
pond and waterFall area at Eisenhower Park, including but not limited to water
features, ingress, egress and plant material that is to be maintained.
The maintenance contractor is to maintain the job site in a safe condition at all
times.
Park amenities shall be .left in a clean, neat, and safe condition. after each
workday.
SCOPE OF SERVICES FOR LAKE. STREAM AND POND MAINTENANCE
AT EISENHOWER PARK
Weeklv Maintenance: Weekly Maintenance sha// occur and be mmp/eted
behveen 7.•00 a.m, and 3r00 p.m. pe the schedule be%w.•
May 1 through October 31 (Schedule - Monday, Wednesday, and Friday)
November 1 through April 30 (Schedule— Monday and Friday)
Ongoing, year around maintenance shall include:
1. Trash and debris removal from the lake, stream, and upper pond. Trash
and debris should be picked up and removed from area. There shall be no
blowing of debris into lake, stream or upper pond. Large bricks, stones and
other submerged foreign objects or debris that are visible from the sidewalk
shoutd be removed during this weekly maintenance.
2. Skimmer baskets shall be removed, inspected, and cleaned. Missing or
damaged skimmer baskets shall be reported as soon as discovered to the
Park Manager or Park Supervisor.
3. Continual control, removal, and management of filamentous algae, and all
other aquatic piant material.
4. Remove,trim, and maintain plant material within and along the upper pond,
stream, and lake edges. Said maintenance is to include the regular trimming
of the existing aquatic (Papyrus) plantings and weed removal and
abatementwithin 5 feet of entire pond, stream and lake edge, at all times.
5. Add Enviro-ryme and/or other biological agents as required each week to
remove unwanted nutrients.
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E ibit A-Page 4 of I S
6. Maintain water quality of lake, stream and feeder pond to be clear, free of
excessive aquatic plant material, free of algae growth, free of excessive
nitrates and other nutrients that negatively affect water qualiry and free of
trash and debris and maintain healthy oxygen levels at all depths of the
lake, stream and upper pond.
7. Maintain lake ph. at 7.0
8. Power wash all sidewalks, boulders and hardscape adjacent to the lake one
time per week to remove duck feces, and other debris. Said power washing
is to be accomplished using `lake' water by means of a submersible water
pump system. All power washing lake water is to be directed back into the
lake. All pumping/washing equipment is to be provided by the contractor.
Monthlv Maintenance (vear roundl: Woikmayoccu Mondaythrough F iday.
1. Power-wash the waterfall monthly during the first week of the month.
2. Remove and clean aerators.
3. Amend lake with biological agents as required to maintain water quality.
a. Papyrus plants along streambed shall be trimmed and dead stalks removed,
being careful not to damage new growth. Papyrus plants will be kept
trimmed to ensure visibility through the park. Papyrus plants shall be
removed as needed to rnntrol their population.
5. Remove all weeds, palm tree starts and other undesirable plant material
within 5 feet from entire streambed edge and all around lake edge.
Annual Maintenance: Work may occur Monday through Friday.
1. Service all skimmers and all aerators annually in conjunction with dredging
ton ensure proper function of equipment. Periodic service on skimmers
and aerators may be more frequently if needed. Report findings to City's
representative on condition of each.
Z. Dredge and clean out suction pump intake area to maintain and ensure
devices is free from all debris, silk, dirt and most efficient function. This
intake is in the North-West area of the lake and is where the pumps push
water from the main lake to the upper pond to create flow for the stream
and waterfalls.
Page 4
Exhibit A-Page 5 of 15
3. Dredge 25% of the lake bottom each year to remove decaying algae,
deposits, and sediment.
a. North-East Quadrant in September of 2020
b. South-East Quadrant in September of 2021
c. South-West Quadrant in September of 2022
d. North-West Quadrant in September of 2023
Contract Pavment
The contractor will be paid monthly for satisfactory work performed under this
contract. By the 10"' day of the month, the contractor shall submit a detailed
invoice and all reports required in the contract for work performed in the prior
month including a detailed breakdown of work perFormed and all materials or
supplies that are utilized.
A. This invoice shall be in accordance with the contract price and will become the
basis for payment. Invoices should reflect the weekly, monthly, and annual
scheduled scope of work and specifications.
B. This 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.
E. A written estimate for all work that is above and beyond the normal scheduled
maintenance work must be provided to the City's representative for all
additional work requested and agreed upon between the contractor and the
City's representative. All additional work shall not proceed without written
approval of the City's representative.
Contract Non-perFormance
If the contractor fails to execute the work in the manner and at such locations as
specified, or fails to maintain the work schedule which will insure the City's
interest, or if the contractor is not carrying out the interest of the contract, the
City shall notify the contractor both verbally and in writing demanding satisfactory
compliance with the contract. The contractor will have one (1) day to respond to
said issue and begin correction. If the contractor does not perform the work in
Page 5
Exhibit A-Page 6 of 15
question within the time specified in said notice or fails to continue to compiy, the
City may then complete the work by City forces, by letting the unfinished wo k to
another contractor, or by a combination of such methods. In any event, the cost
of completing the work shall be charged against the contractor and may be
deducted from any money due or becoming due from the City. In the event the
contractor does not perForm the work in question, the City has no obligation to
pay the contractor for work not performed. The City may, in addition, withhold
from monies due to the contractor the sum of three hundred dollars ($300.00) per
day for each and every calendar day delay in finishing the work within the time
specified. The City has the authority to penalize the contractor $300.00 for each
failure to perform'without the obligation of first giving notice to the contractor of
issue or needed correction.
If the sums due under the Contract are insufficient for completion, the contractor
shall pay to the City within five (5) days after the compleGon, all costs in excess
of the sums due. The provisions of this section shall be in addition to ali other
rights and remedies available to the City under law.
Pavments Withheld
The City may withhold entire or partial payment for reasons as follows:
A. Work required by the specifications that is defective, incomplete or not
performed.
B. Claims against the City that are filed.
C. Contractor's failure to make payments properly to subcontractors, or for
materials and/or labor.
D. A reasonable doubt that the contractor will not complete his required
performance for the remaining balance of the term of the contract.
E. Reports, records or written documentation required of the contrector to be
delivered to the Cily's representative, which are incomplete or not performed.
Additional Penalties
The City may impose additional monetary penalties in the amount of $300.00 per
day for each instance of non-performance as defined herein.
Page 6
Exhibit A-Page 7 of I S
Performance Durina Inclement Weather
During the periods when inclement weather hinders normal operations, the
contractor shall adjust his work force in order to aaomplish those activities that
are not affected by weather.
A. Failure to adjust the work force to show good progress on the work shall result
in deduction of payments to reflect only the work actually accomplished.
B. The contractor shall immediately notify the City when the work force has been
removed from the job site due to inclement weather, or other reasons.
Protection and Restoration of Existina Imorovements
All damage having incurred to existing facilities and improvements by the
contrector's operations shall be repaired or replaced at the contractor's expense.
The contractor shall complete corrective action within the following time frames
subsequent to verbal notification:
A. General landscape and facility repairs shall be complete within three (3) days
per the following guidelines:
1. Damage to turf shall be repaired by replacement with the appropriate
variety of sod. Re-seeding shall not be considered as an adequate repair
unless approved by the City's representative.
2. Damage to ground cover shall be repaired by replacement with the
appropriate variety of plant material. Size and spacing shall be determined
the City.
3. Damage to shrubs may be corrected by appropriate pruning however, if in
the opinion of the City's representative the damage is severe, the shrub
shall be removed and replaced with a similar variety and size.
4. Damage to trees shall be repaired at the expense of the contractor, in the
following manner:
a) Minor damage, such as bark lost from mechanical equipment,
shall remedied by a qualified Tree Surgeon or Arborist.
b) If the damage results in the loss of the tree, or a recommendation
of removal,the damaged tree shall be removed and replaced with
a similar variety and size at the contractor's expense. If the tree
in question is of a large specimen size not available from normal
nursery stock, a replacement ratio of trees will be determined by
Page 7
Exhibit A-Page 8 of 15
the City Representadve to be supplied and planted by the
contractor at his own expense.
5. Hardscape facilities damaged shall be repaired with materials approved by
the City.
6. All damage resulting from chemical application and/or operation, either by
spray-draft, improper application, lateral leaching, or other means, shall be
corrected in accordance with the previous provisions and the soii
conditioned to ensure its ability to support piant life.
7. All landscape repairs will comply with current City Landscape Standards and
Specifications. The contractor is responsible for all repair related
maintenance such as, but not limited to, watering and fertilizing of replaced
plant materials until accepted by the City.
Underaround F ccavations
If the City requests or directs the Contactor to perform work in a given area, in
any Park Site, it will be the contractors responsibility to verify and locate any
underground utility lines. This does not release the contractor of the responsibility
for taking reasonable precaudon when working in these areas. Contractor shall
immediately notify the City and contact the Underground Service Alert, call 1-
800) 227-2600, before commencing any excavation to locate underground
utility systems. Any damage or problems shall be reported immediately to the
City.
Unless otherwise indicated in the contract documents, all utility lines, conduits,
wires or structures shall be maintained by the contractor and shall not be
disturbed, disconnected or damaged by contractor during the progress of the
work, provided that should the contractor, in the performance of the work, disturb,
disconnect or damage any of the above, all expense arising from such disturbance
or in the replacement or repair thereof, shall be borne by the contractor.
Sound Control Reauirements
The contractor shall comply with all local sound control and noise level rules,
regulations, and ordinances that apply to any work performed pursuant to the
contract.
A noise level limit of 86 dba at a distance of fifty feet (50 shall apply to all
construction and/or maintenance equipment on or related to the job whether
owned by the contractor or not. The use of excessively loud warning signals shall
be avoided except in those cases required for the protection of personnel.
Page 8
E chibit A-Page 9 of 15
No maintenance functions that generate excess noise that would cause annoyance
to resident of any Park Site shall commence before 7:00 a.m. Monday through
Friday, and 8:00 a.m. on Saturdays, Sundays and Holidays.
Each internal combustion engine used for any purpose on the job or related to the
job shall be equipped with a muffler of a type recommended by the manufacturer
of such equipment. No internal combustion engine shall be operated on the
project without said muffler.
Full compensation for conforming to the requirements of this section shall be
considered as included in the prices paid for the various contract items of work
involved and no additional compensation will be allowed therefore.
SPECIAL INSTRUCTlONS
1. The contractor shall provide with this bid a minimum of three (3) references
of commensurate/equal lake maintenance work with cities and/or
municipalities. References shall represent/include:
Work completed within the last five (5) years.
A descripdon and locetion of said work.
An approximate contract cost of said work.
A contact person and phone number to directly contact that person to
verify lake maintenance work and contrector performance.
2. The City reserves the right to reject any contractor who they feel does not
meet the qualifying work experience or provides satisfying references.
3. 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.
4. 6cisting site amenities (eu. building, sidewalks, curbs, landscape, etc.) are
to be protected from all maintenance work and equipment. Any damage to
any existing site amenities including work outside of the lake and stream
maintenance area will be repaired or replaced at the contractor's expense
to the satisFaction of the City of Orange.
5. The contractor will be responsible for labor and materials for this
project/work.
6. The contractor is required to maintain a business license with the City of
Orange for the duration of this agreement.
7. All questions, requests for clarification, and comments shall be sent to the
City by e-mail, and must be ciearly titled "Written Questions". All such e-
Page 9
Eachibit A-Page l0 of 15
mails shall be sent to Paul Miller, Park Maintenance Supervisor, at
pmiller@cityoforange.org. The City shali 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
request for bid should be labeled `Eisenhower Park Lake and
Stream Maintenance RFB questions' are to be submitted by email
to Paul Miller pmiller@citvoforanae.ora by Thursday, March 19,
2020 by 12:00 p.m.
BID SUBMISSION:
8ids will be received until 2:00 p.m. on Thursday, March 26, 2020. All bids are to
be submitted in a sealed envelope to the City Clerk's Office, at 300 E. Chapman
Ave. Orange CA. 92866. Please provide three copies of your bid packet at
time of submission.
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 Bids, whether of a
technical or substantive nature, as the interest of the City may require.
TIME LINE (APPROXIMATE):
1. Job waik March 16, 2020 at 9:00 a.m.
2. Deadline for questions regarding RFB March 19, 2020 by 12:00 p.m.
3. Bids due March 26, 2020 by 2:00 p.m.
4. Notice to Proceed (NTP) July 1, 2020
Page ]0
Exhibit A-Page 11 of IS
Bid 19034
Eisenhower Park Lake&Stream Maintenance
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Page 1 t
Exhibit A-Page 12 of 15
EISENHOWER PARK LAKE&STREAM MAINTENANCE
BID SHEET
Date:
Bid Submitted by: S'}'u v GJ(yZ Y
CompanyName: _ nr i,i-n/ /i,G, rrrm--,.f+-G
Address: S.-'S,4-i,;.en/-lJ.%y, 6°G
sS A er'/ac.i.4 A `.'
Phone #: S / r}
E-mail Address: Si JF Gr/,4/i— sy I r-.,,,.—
Contact Name: s' ' r $
i
Signature of Responsible Officer or Employee Print Name
Location Address:Eise4hoWer Parly 2864 N. Tustin St. 92865
Totai bid amount year 1 c
Total bid amount year 2
Total bid amount year 3 q i m,l,,
Total bid amount year 4 3,,,
r
Total 4 year bid amount: gq>(..(-,,
Add alternate bid amount for annual cost of using City approved waste
hauling company to dispose of de ris,an,pl nt material.
I17-f'` Gelr,l BN /!? G'Sh-
IAG O r G f ytt QjCQ t f L
The stated bid amount above constitutes the total dollar amount to perform the work deuribed
in the above scope of services and to include all that is required to provide the work product
and/or install all materials required M complete the work to a professional workmanship standard,
and to install and apply ail materlals per the approved plans and all manufacturer's specifications
and recommendatlons.
Contrador represents and warran that it has thoroughly invesUgated and mnsidered the scope
of setvices and fully understands the difficvlties and restrictions in perfortning the work.
Contractor represents that it fs experienced in performing the work and wlll follow professlonal
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.
Paee 12
Attachment I Exhibit A-Page 13 of 15
Eisenhower Pazk
I,ake,Stream and Pond Maintenauce
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
O1).
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 Employers
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 Gene21 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 investigatlons, claim administration, and defense expenses.
Each policy of general liability and automotive liability insurance shall contain, or be endorsed to
contain, the following provisions:
RFB Ariachment 1:Page 1
Attachment 1 Eachibit A-Page 14 of 15
Eisenhower Pazk
Lake,St[eam and Pond Maintenance
1. The City, its officers, officials, agents and employees are to be covered as
additional insureds with respect to liability arising out of automabiles owned,
leased, hired or borrowed by or on behalf of the Contractar; and with respect to
liability arising out of work or operations pertormed by or on behalf of the
Contractor, inciuding 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 Endoreement (Insurance Services ce, Inc. Form CG 20 10
31 85 or such other form as may be acceptable to the City) to the Contrector'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 Cty, 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 coverege 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 proared 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 othenvise directed by the Cily. In
such a case, the City may praure 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 employePs, agents and subcontractors.
The Contractor shaii require and verify that all subcontractors maintain insurence meeting all of
the requirements stated herein.
RFB Attaclunent 1: Page 2
i
I
Eachibit A-Page 15 of 15
Eisenhower Park is rated as one of the besi parks in all of Orange County according to yelp,they give
real experiences the patrons have continually preised the quality of the lake and s[ream nothing 6ut
great reviews.Our lake practices are cutting edge and our products are second to none,we have
established ourown biological that has maintained water quality since 2004.Environmental Water
Management has shown consistent pride in its quality and workmanship
Reserve Club
74001 Reserve Dr,
Indian Wells, CA 92210
Agronomist/Superintendent
Allen Stuesry 760-972-7303
astuessv@ th e rese rveclu b.com
Located in Indian Wells California
The Reserve Club if not the most influential Clubs is one in all of California-
Scope of Work: Maintain and treate a visual experience of all the water features, power wash all water
falls lake edges as necessary,skimming and cleaning all the waterfeatures, maintain all aeration and
compressor regarding maintenance and apply all products to lakes Estimate Cost$42,000.00
Big Canyon Country Club
One Big Canyon Drive
Newport 8each,CA 92660
Superintendent
DannySchubert
dsch u be rt@ b igcanyo n cc.o rg
760-9544833
Scope of Work: Maintain and create a visual experience of all the water features, powerwash all water
falls lake edges as necessary,skimming and cleaning all the waterfeatures, maintain all aeration and
tompressor regarding maintenance and apply all products to lakes,cut and maintain all submerged
vacation. Manicure all cattails in and around the lakes. Estimate Cost$ 39,000.00
Bridgeport Community Association
27644 Newhall Rd #45
Valencia Ca 91355
Peggy O'Donoghue CMCA, AMS, PCAM
Senior Community Association Manager
Direct Phone, Fax or Text: (661) 964-1525
www.ValenciaMana ementGroup.com
Scope of Work: Maintain the community water feature, remove all the submerged and vegetation that enter.
the lake, apply baderia and produds to maintain clarity and reduce phosphates,skim the lakes weekly.
Maintain the all streams of all unwanted vegetation and unwanted debris we maintain the wet well and cleai
the bio filters and use our bac[eria and enzymes to maintain the bio filters Estimated cost$44,000.00.
ExxiBiT .B„
COMPENSATION FOR SERVICES
Beneath this sheet.]
Exhibit B-Page 1 of 1
Compensation for ENVIRONMENTAL WATER MANAGEMENT, INC.
Lake, Pond & Stream Maintenance
Four-Year Term
July 1, 2020 to June 30, 2024
Year 7: 7@020 through 6/2021 Up to $40,000
Year 2: 7/2021 through 6/2022 Up to $46,000
Year 3: 7/2022 through 6/2023 Up to $39,000
Year 4: 7/2023 through 6/2024 Up to $33,000