AGR-4722.F - GRANITE MASTERS INC - MAINTENANCE SERVICES AGREEMENT FOR VETERANS MEMORIAL MONUMENTAGR a d
MAINTENANCE SERVICES AGREEMENT
Services for Cleaning and Preventative Maintenance]
THIS MAINTENANCE SERVICES GREEMENT (the "AgreemenY') is made at
Orange, California,on this day of obeY 2020 by and between the CITY
OF ORANGE, a municipal corporation ("City") and GRANITE MASTERS, INC., a California
corporation("Contractor"),who agree as follows.
1. Services. Subject to the terms and conditions set forth iri 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 investigafed 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 wi11 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.
Nathan Bluhm, Landscape Coordinator ("City's Project Manager"), shall be the person to
whorri 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 Comnensation,Annual Compensation and Fee Schedule.
a. Contractor's total compensation for all services performed under this
Agreement, shall not exceed TWENTY-NINE THOUSAND NINE HiTNDRED DOLLARS and
ooiioo$29,900.00.
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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. Pavment.
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 a11 services, authorized costs and
authorized extra work covered by that invoice.
4. ChanEe Orders. No payment for extra services caused by a change in the scope or .
complexity of work, or for any other reason, shall be made unless and until such extra services and a
price therefor have been previously authorized in writing and approved by City as an amendment to
this Agreement. City's Project Manager is authorized to 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 Gity to Contractor and shall be signed
by the city's Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage,possess
any and all licenses which are required under state or federallaw to perforrn the work contemplated
by this Agreement and that Contractor and its subcontractors sha11 maintain all appropriate licenses,
including a City of Orange business license, at its cost, during the perforniance of this Agreement.
6. Indeuendent 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
pursuan# 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 Ieave, holiday pay, Public Employees Retirement
System benefits, or health, life, dental, long-term disability or workers' compensation insurance
benefits.
7. Contractor Not A ent. Except as City may specify in writing, Contractor shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, express or implied,to bind City to any obligation whatsoever.
8. 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.
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9. Assisnment or Subcontractin. No assignment or subcontracting by Contractor of
any part of this Agreement or of funds to be received under tlus 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 three(3)years,commencing on October.
15,2020, and ending on October 14,2023.
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 tune of the delay to the satisfaction of City. Any extensions granted shall be Iimited 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. Enual Emulovment Opportunitv. 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 employrnent, 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, recruitrnent or reeruitrnent advertising, layoff or ternunation, rates of pay or other forms of
compensation and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed
by, or on behalf of Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color,religion, sex,national origin,mental or physical disability,
or any other basis prohibited by applicable law.
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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 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. Indemnitv.
a. To the fullest extent pennitted 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 properiy; 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 arid all claims,actions,suits or other
proceedings that may be brought or instituted against the Indemnitees on any such claim or liability
covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the
Indemnitees, or any of them,in any action,suit or other proceedings as a result of coverage under this
subparagraph.
b. Reserved.
c. Except for the Indemnitees, the indemnifications provided in this Agreement
shall not be construed to extend any third party indemnification rights of any kind to any person or
entity which is not a signatory to this Agreement.
d. The indemniries 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.
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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 sha11 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 andlor 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 tYus 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 endozsement, City wi11 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 deternune 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 sha11 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 sha11 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 edit'ion of Best Key Rating Guide.
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i.Contractor shall unmediately 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 ternunate. Upon receipt of such
notice, Contractor shall immediately cease work, unless the notice from Ciry provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided
and all allowable reinnbursements incurred to the date of texmination 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 Insaection 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 complerion 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 LawsBacksround.
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
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 aIl such workers and shall comply with all
statutory requirements thereunder. Statutory provisions for penalties for failure to comply with
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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 tertn 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
limita.tion,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 Deparhnent 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
Taws 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 perfozm the work at public facilities. Contractor shall
conduct and complete, to City's satisfaction, sufficient background checks to ensure no personnel
perfornung 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.
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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 diseretibn,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 tinne thereafter,and Contractor
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.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 sustairi by reason of Contractor's failure to comply with said laws, rules and
regulations in connection with the performance of this Agreement.
22. Governin 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 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"
Granite Masters, Inc. City of Orange
340 E. First St. #1314 300 E. Chapman A enue . .
Tustin, CA 92781 Orange,CA 92866-1591
Attn.: Betty Castaneda Attn.: Nathan Bluhm
Telephone: 949-394-6824 Telephone: 714-532-6491
E-Mail: granitemastersinc@gmail.com E-Mail: nbluhm@cityoforange.org
25. Counternarts. 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.
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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year
and day first above written.
CONTRACTOR"CITY"
GRANITE MASTERS, INC., a California CITY OF ORANGE, a municipal corporation
corporation
By.i,,, v By.
Printed Name: c-,2.z_ r s T.p ck to, City Manager
Title: p s.s o s N r
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BY '°` ` APPROVED AS TO FORM:
Printed Name: y s n-rz- -s- AN c
Title: Lc.2,Yr-czv
Vl.. .
Mary E. B' 'ng s
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 tune to the execution of the Agreement,must be provided to the City.
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EXHIBIT "A"
SCOPE OF SERVICES
Beneath this sheet.]
Exlubit A:Page 1 of 13
C.C
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CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (774)744-7274 • FAX:(714j 7447251
REQUEST FOR BID (RFB)
VETERANS MEMORIAL MONUMENT MAINTENANCE
Bid No. 190-62
COMMUNITY SERVICES DEPARTMENT
230 E. Chapman Ave.
Orange, CA 92866
714) 744-7274
Date: ]uly 8, 2020
Date; August 19, 2020
Company/Contractor Name: Granite Masters znc
Contact Name: Betty Castaneda
E-mail Address: Granitemastersinc@gmail.com
Phone #: 949-394-6824
Address: 34o E. First st #1314
Tustin CA 92781
Project Name: Veterans Memorial Monument Maintenance
Location Address: Veteran's Memorial at Depot Park
100 N.Atchison St.,Orange, CA 92866
City Contact: Nathan Bluhm, Landscape Project Coordinator
Office Phone: 714) 532-6491
E-mail: nbluhm@cityoforange.org
The City of Orange, Ca,_a Municipal Corporation, hereby invites the submission of
bids from qualified companies to provide the City with routine and ongoing
c(eaning and preventative maintenance of fihe City of Orange, Veterans Memorial
Fountain Monument, and surrounding stonework and concrete surfacing.
RFB 190-62:Page 1 of 14
Exhibit A:Page 2 of 13
GENEEtAL PROVISIONS:
1. A job walk has been scheduled for Tuesday,7uly 28, 2020 at 9:00 a.m.
ob walk location will be Veterans Memorial at Depot Park (100 N.
Atchison St. Orange, CA 92866).
2. Working hours will be per City of Orange ordinance. Weekend work will only
take place with permission from the City of Orange.
3. The Contractor shall, at all times, carry valid insurance which meets all City of
Orange insurance requirements as outlined in Attachment No. 1.
4. 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.
5. Uniforms: All of contractor's employees shall wear appropriate uniforms at all
times while on duty. Uniforms must have the contractor's name.
6. Background/Securit, All personnel engaged in performance of this work
shall be employees of the contractor and as such shall be warranted to
possess sufficient experience and security records to perform this work.
7. All bids must be received, date and time starnped by the City Clerk's Office on
or before the due date stated below. Any bids received after the stated due
date and time will be returned unopened.
8. The approximate duration for this contract will be two years, with a third year
option.
SITE REQUIREMENTS:
a) Contractor shall supply all equipment and labor necessary to provide
ongoing preventative and scheduled maintenance.
b) The contractor is responsible to become familiar with all existing site
conditions at the Veterans Memorial site, including but not limited to park
amenities, irrigation equipment, trees and plant material to remain/be
protected in place.
c) The contractor is to at all times during construction maintain/keep the job
site in a safe condition and remove cleaning equipment/tools from the job
site, each work day.
d) The project site shall be left each day in a clean, neat and safe condition.
RFB 190-62:Page 2 of 14
Exhibit A:Page 3 of 13
SCOPE OF WORK:
Provide routine, ongoing cleaning, and preventative maintenance of the Veterans
Memorial fountain and surrounding area stonework and concrete surfacing
according to a monthly, semiannual, and annual cleaning and preventative
maintenance schedule. The scope includes, but is nofi limited to, deep cleaning
and sealing of all edges, corners, and flat surfaces on and adjacent to the
monument and two fountains, as well as power washing of the concrete walkways
leading up to the fountains. All products used shall be manufactured for the
purpose of cleaning and sealing the natural stone and concrete (Stone Pro
Products or approved equal). Maintenance service of the stone shall be monthly
minimum) and include schedules for a more thorough cleaning and sealing to be
done every 6 months and an annual cleaning and sealing that includes sealing alI
pavers and concrete with an epoxy based sealer (Sure Bond 1300 or approved
equal).
The natural stone consists of:
i. Travertine and granite fountain wall face, corners,: edges, seats and wall
cap.
2. Canterra Stone/ cement and paver walkways.
MAINTENANCE SCHEDULES
Monthly Cleaning and Sealinc
i. Deep clean alf natural stone using a stiff nylon brush or a preapproved
power tool along with an approved cleaning product per the manufacture's
recommendations. Allow to dry and apply a porous stone sealer per the
manufacture's recommendations.
2. Deep clean all walkways surfaces using an approved product per the
manufacture's recommendations.
Semi-Annual Cleaning and Sealing_
i. Standard monthly cleaning along with seal all granite and travertine
monument surtaces using an approved product per the manufacture's
recommendations.
RFB 190-62:Page 3 of 14
Exhibit A:Page 4 of 13
2. Pressure wash (steam clean) all stone and walkway surfaces to remove any
foreign material, or film buildups that are not removed during normal
cleaning efforts.
Annual C{eaning and Sealina:
This annual cleaning shall be conducted one week ahead of the City of Orange
annua{ Veterans Day Memorial event which typically takes place on or around
Veteran's Day weekend. Check with City staff each year for actual date.
1. Perform all cleaning and sealing services as done in the manthly and semi-
annuai service.
2. Apply Sure Bond 1300 Sealer (or approved equal) to all walking surfaces
and vertical canterra stone.
The services constituting the Scope of Work above, represent the maximum level
ofi services to be provided. At any time following execution of a contract, the City
reserves the right to decrease or eliminate services and associated compensation
based on the needs of the City and amounts budgeted by the City Council. Work
is only to be completed as directed in writing, by City Representative.
SPECIAL CONDITIONS AND INSTRUCTIONS:
1. The Contractor shall orovide with this RFB a minimum of three (3)
references of cornmensurate/equal maintenance work with cities and/or
municipalities. References shall represent/include•
Work completed within the last five (5) years.
A description and location of said maintenance work
An approximate cost of said maintenance work.
A contact person, email address and phone number to verifv
maintenance work.
2. The City reserves the right to reject any contractor who they feel does not
meet a qualifying work experience or s tisfying references.
3. The Veterans Memorial Fountain is located at Depot Park, 100 N. Atchison
St, City of Orange 92866. It is subject to soot and airborne debris generated
from trains, vehicular traffic, and other environmental conditions,
4. Each service shalf be coordinated with City Representative to ensure that
there is no disruption to any scheduled events and/or park maintenance
operations, and that the fountain pumps are turned off for each service as
needed,
RFB 190-62:Page 4 of 14
Exhibit A:Page 5 of 13
5. The Citv reserves the riQht 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, ar performance of the roject
6. All technical questions regarding RFB 190-62 are to be submitted
by email to Nathan Bluhm at nbiuhm@cityoforange.org, by 7uly
30, 2020 by 12:00 p.m.
TIME LINE (APPROXIMATE):
1. ]ob walk: uly 28, 2Q20, 2020 at 9:00 a.m.
2. Deadline for questions regarding RFB: ]uly 30, 2020 by 12:00 p.m.
3. Bids due: August 6, 2020 by 2:00 p.m.
4. Notice to Proceed (NTP):TBD
BID SUBMISSION INSTRUCTIONS:
Bids must be submitted to the City Clerk at 300 E. Chapman Ave.,
Orange, CA 92866 by 2:00 p.m. on Thursdav, Auaust 6, 2020. Responses
may be sent via U.S. Mail or delivered in person to the above address. Provide
response to the above REQUEST FOR BIDS on attached bid sheet and return all
naaes of the Reauest for Bids. addenda (if anolicable) and references Please
arovide three cooies of bid uackets. Label subrv ission packet: RFB i.90-
62 Veterans Memorial Monument Maintenance. Contact Natalie Favela for
any questions related to bid submission at nfavelaCa cityoforange.orq.
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.
RFB I90-62:Page S of 14
Exhibit A:Page 6 of 13
RFB 190-62 VETERANS MEMORIAL M NUMENT MAINTENANCE
Bid Sheet: Paae 1
Date: August 19, 2020
Bid SUbmltted by: Betty Castaneda
Company Name: Granite Masters Inc
Address: 340 E. First St # 1314
Tustin CA 92781
Phone #: 949-394-6824
E-mail Address' granitemastersinc@gmail.com
Beatriz Castaneda
Signature of Responsible Officer or Employee Print Name
PRO]ECT
Veterans Memorial Monument Maintenance
100 N. Atchison St. Orange, CA 92866
The stated bid amount below constitutes the total dollar amount to perform the work
described in the above scope of services and 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 the
approved plans and all manufacturer's specifications and recommendatians.
Contractor represents and warrants that it has thoroughly investigated and considered
the scope of services and fully understands the difficulties and eestrictions in perForming
the wark. Contractor represents that it is experienced in performing the work and wi11
follow professional standards in perFormance of the work. All services provided shall
conform fio all federal, state and local laws, rules and regulations and to the best
professional standards and practices.
Year i
7=; ,.,..,"*'.,,..--; 4-- -..-:.y--•---•---^--->-T.-.
M intena.c.s;, os Pera Ins tance g
w ,;i, "°"nua To .al, -
Monthly 650.00 6, 500 . 00
Semiannual 1, 700 .00 1, 700.00
Annual 1,700 .00 1, 700.00
R--.--,
ye.,;-,-,-.-•.-_.-;,;,A9 Tol oi e,r i 9 900.00
RFB 190-62:Page 6 of 14
Exhibit A:Page 7 of 13
Veterans Memorial Monument Maintenance
Bid Sheet: Page 2
Year 2
Y`:,.—'., , -t P r Inncel ° n IiTotaf -Iamten ance TyP-: .,.... . ,,
Monthly 650.00 6, 500.00
Semiannua) 1,750.00 1,750 .00
Annual 1,750 .00 1, 750. 00
A99 9ate To r,,Year., l0 00 0.o 0
x-,,..{:
Year 3 (optionall
Maintenance T pe, ,, ;st P-er'Instance ,,. 'nual,:To.tal; . ;
Monthly 650 .00 6, 500 . 00
Semiannual 1, 750.00 1, 750 .00
Annual 1, 750 .00 1, 750 . 00
i- ggregate To forTor'Year 10, 0 0 0 . 0 0
s r.
a
RFB 190-62:Page 7 of 14
i
w LIST OF SUBCONTRACTS0
A. 0 The undersigned intends to subcontract a portion of this project to the following subcont acts(Note: Refer to
Section 2.3 of the Standard Specifications and Section 4100 through 4113 of the California Contract Code for
SUBCONTRACT DISCLOSURE REQUIREMENTS.
NAME OF SUBCONTRACfOR LICENSE BID ITEM NUMBER(s) PERCEM OF CHECK IF UESCRIBE WORK WHEN AMOUNT
AND ADDRESS NO. BID ITEM SPEUALLIY LESS hUW 10695 OF WORK 4SED ON
SUBBED 15 SUBBED BID AMOUNT
1
B. The undersigned DOES NOT INTEND to subcontract any portion of this project.
NOTE:, The bidder shall check Box A or B as applicable. If the bidder does not check either box, it will be deemed that he has checked Box B.
t
Signature of the Bidder .
RFB 190-62:Page 8 of 14
Exhibit A:Page 9 of 13
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformante with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985),the bidder hereby declares
under penalty of perjury under the laws of the State of California that the bidder has_, has not
X
been
convicted
within the preceding three years of any offenses referred to in that secfion, including any charge of fraud, bribery,
collusion, conspiracy,or any other act in viofation of any state or Federal antitrust law in connection with the bidding
upon, award of,or performance of, any public works contract,as defined in Public Contract Code Section 1101,with
any public entity,as defined in Public Contract Code Section 1100, inciuding the Regents of the University of
Califomia or the Trustees of the California State University. The term "bidder"is understood to fnclude any partner,
member,officer,director, responsible managing officer, or responsibfe managing empioyee thereof,as referred to in
Section 10285.1.
Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The
above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also
constitute signature of this Statement. Bidders are cautioned that making a false certification may subject
the certifier to criminal prosecution.
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contratt Code Section 10162,the Bidder shall complete, under penalty of perjury,the
foilowing questionnaire;
Has the bidder,any officer of the bidder,or any employee of the bidder who has a proprietary interest in the bidder,
ever been disqualified, removed, or otherwise prevented from 6idding on, or completing a federal, state, or local
government project because of a violation of law or a safety regu(ation?
Yes No X
If the answer is yes,expfain the circumstances in the following space.
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232,the Contractor, hereby states under penaity of perjury,that
no more than one final unappeafable finding of contempt of wurt by a federal court has been issued against the
Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an
order of a federal court whtch orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the
signature pattion thereof shall also wnstitute signature of this Statement and Qupstionnaire.
Bidders are cautioned that making a fafse certification may subject the certifier to criminal
prosecution.
Exhibit A:Page 10 of 13
Non-collusion AfFidavit
Titie 23 United States Code Section 112 and
Public Contract Code Sectian 7106)
To the CITY OF ORANGE— DEPARTMENT OF COMMUNITY SERVICES
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the
bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any
other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other bidder, or to secure any advantage against the public body awarding the contract of
anyone interested in the proposed contract; that all statements contained in the bid are true;
and, further, that the bidder has not, directly or indirectfy, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a colfusive or
sham bid.
Note: The above Non-col[usion Affidavit is part of the Proposal. Signing this Proposal
on the signature portion thereof shal! also constitute signature of this Non-
collusion AfFidavit.
idders are cautioned that making a false certification may subject the certifier to
criminal prosecution.
Exhibit A:Page 11 of 13
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other
person associated therewifih in the capacity of owner, partner, director, officer, manager:
is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any Federal agency;
has not been suspended, debarred, voluntarily excluded or determined ineligible by any
Federal agency within the pasf 3 years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgement rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct:within the past
3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. For any exception noted above, indicate below to whom it applies, initiating agency,and dates of action.
Notes:Providing false information may result in crlminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion
thereof shal! also constitute signature of this Certification.
Exhibit A:Page 12 of 13
The undersigned bidder hereby represents as follows:
That no Councilman, officer, agent, or employee of the City of Orange, is personally interested, directiy
or indirectly, in the Contract, or the compensation to be paid hereunder:
That this bid is made without connection with any person, firm or corporation making a bid for the same
work, and is in all respects fiair, and without collusion or fraud.
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of
California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162,
10232 and 10285.1 are true and correc and that the bidder has complied with the requirements of
Section 8103 of the Fair Employment and Housing Commission Regialations (Chapter 5, Title 2 of the
California 4dministrative Code). By my signature on this proposaf I further certify, under penaEty of
perjury under the laws of the State of California and the United States of America, that the Noncollusion
Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106;
and the Ti le 49 Code of Federal Regulations, Part 29 Debarmenf and Suspension Certification are true
and correct.
Date:
August 19, 2020
Slgn
Beatriz Castaneda
He ne owner
Signature and Title of Bidder
If an individual, so state. If a firm or co-partne ship, state the firm name and give the names of afl individual co-partners
composing the firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer and
Manager thereo.
NAME OF BIDDER Granite Masters Inc, Beatriz Castaneda-. President
Cesar Castaneda - Secretary
BUSINESS P.O. BOX 340 E. Fisrst St #1314
CITY, STATE, ZIP Tustin CA 92781
BUSINESS STREET ADDRESS 3 4 0 E. Fi rs t S t # 1314
Please include even if P.O. Box is used)
CITY, STATE, ZIP Tustin Ca 92781
PLACE OF BUSINESS (Include City&State)Orange County
PLACE OF RESIDENCE (Include City &State) Buena Park , CA
Telephone No. ( 94 394-6824 Fax No.( )
Exhibit A:Page 13 of 13
1 '
340 E. First St. # 1314
Granite Masters 1nc
Tustin CA 92781
Please see work references for your review,
1. Nathnn Bluhm- City of Ornnge -Since 2006
Office: 714 532-6491 Cell: 949 275-3462
dequitzC cityoforunAe.org
Worked Preformed: Monthly & Semiannually Maintenance on Travertine , Granite,
Canterra, Pavers & Concrete
2. Chris Llewellyn - Since 2008
MTL construction Phone: 714.306.4970
Worked Preformed: Home MQintenance of Travertine Floor & Granite
3. Pablo Villanueva Since 2010
VP Investments Corporation Phone: 562-572-3734
Worked Preformed: Different Properties Maintenance of Travertine Floor &
Granite.
4. Sean Mozayeni Since 2010
Western Pacif ic Construction Phone: 949-278-8937
Worked Preformed: Different Properties Maintenance & Restorntion on
Travertine, Granite, Marble & Limestone
5. Rnfael Sandoval Since 2013
South Point Construction Phone; 760-828-6841
Work Preformed: Maintennnce $ Restoration on Travertine, Concrete Granite &
Marble
6. Ed Javan Since 2013
Huntington Beach Phone: 714-944-7506
Work Preformed: Home Maintenance of Marble Floors
You can also view some of our customer's comments on Yelp.
If you have any questions please contact Betty Castaneda at 714-743-3458 or email at
granitemastersinc@gmail.com
Thank you for reviewing our proposal
EXHIBIT "B"
COMPENSATION FOR SERVICES
Beneath this sheet.]
Exlubit B:Page 1 of 1
Compensation for GRANITE MASTERS, INC.
Veterans Memorial Monument Maintenance
Three-Year Term
October 15, 2020 to October 14, 2023
Year 1: 'i 0/2020 through 10/202'I Up to $9,900
Year 2: 10/2021 through 10/2022 Up to $10,000
Year 3: 10/2022 through 10/2023 Up to $10,000