Riverton City Purchasing South 1700 West * Riverton, Utah INVITATION FOR BID

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1 Riverton City Purchasing South 1700 West * Riverton, Utah INVITATION FOR BID Bid No.: CC (Show this number on envelope) BEFORE REPLYING TO THIS BID PLEASE READ THE INSTRUCTIONS AND GENERAL PROVISIONS PROVIDED WITH THIS DOCUMENT REPLIES MUST BE LEGIBLE Company: Ordering Address: Contact Person: Fed. ID No. Legal Status: Sole Proprietor Non-Profit Corp. Profit Corp. Partnership Gov. Department: Streets Phone: Fax: Requisition Number: Inquiries Sent To: Craig Calvert ccalvert@rivertoncity.com Remit Address: Price Guaranteed Until - Date: Phone: Date Sent: 10/12/2017 Payment Terms: Shipment will be made A.R.O. 1. The item(s) specified on this quotation are produced, mined, grown, manufactured, or performed in Utah? Yes No IF No then where produced, etc.: Bids must include manufacturer's descriptive literature & F.O.B. origin and destination freight cost or freight allowed or they may be rejected. Terms of shipment for F.O.B. origin means: Shipper load, carrier count and stow, consignee unload, freight collect! RETURN BID TO: Riverton City Note: Bids will be opened an read publicly at: 2:00 PM 10/24/17 Attn: Purchasing On S W. THE BID NUMBER LISTED IN THE UPPER Riverton, Utah RIGHT-HAND CORNER OF THIS DOCUMENT MUST BE SHOWN ON THE Phone: OUTSIDE OF THE RETURN ENVELOPE. *BIDS CANNOT BE FAXED* Visit the Riverton City Home Page at: FREIGHT INFORMATION: Shipping point and zip code: National Motor Freight Classification: Shipping Weight: Item(s) and Specifications Bid to establish a contract for sport field preparation. Field preparation will be for baseball, softball, football and soccer fields. The City could have up to 9 baseball fields, 3 softball fields, 9 soccer fields and 3 football fields. The City reserves the right to make a multiple award, meaning the city may award a contract to more than one contractor. The City also reserves the right to make an award for partial services, meaning the city may make an award on the ball field prep and no award on field striping. See the attached specifications and terms and conditions. Quantity / Unit Net Unit Price Extended Price Provide a per field price for the following: CR Hamilton Family Sports Park W South 4 plex youth baseball diamonds 2 grass infield youth/adult baseball diamonds Centennial Park South 2700 West 3 adult softball diamonds Total Price, without freight (FOB Origin) $ Receipt of addendum acknowledgement. Addendum # The undersigned certifies that the vendor is willing and able to furnish the item(s) specified on this bid! Vendors Authorized Agent: type or print NAME and TITLE) Total Price, with freight (FOB Destination) $ Signature: Please SIGN IN INK or this bid may be rejected, Your signature indicates you have read and agreed to the Instructions & General Provisions. Date:

2 Invitation for Bid Continuation Page Bid No.: CC Requisition No.(s): Date: September 27, 2017 Department: Streets Item(s) and Specifications Quantity Unit Net Unit Price Extended Price Ball Field Options: Per hour price for maintenance repair as needed on ballfields. Work could include sprinkler repair, landscape repair, fencing repair, weed spraying, weeding, etc. This will be done on an as needed basis and only through the direction of the City Parks Manager. The contractor and the City Parks Manager will negotiate the number of hours required to do the repair and the city will provide all materials needed Per Hour Price Spring Start Up Edge Cutting Fall Shut Down Field Painting: Set up, layout and paint youth size, little league baseball field Re-paint youth size, little league baseball field Set up, layout and paint adult size softball field Re-paint adult size softball field Set up, layout and paint youth size, little league football field Re-paint youth size, little league football field Set up, layout and paint flag football football field Re-paint flag football football field Set up, layout and paint small-youth size soccer field Re-paint small-youth size soccer field Set up, layout and paint mid-youth size soccer field Re-paint mid-youth size soccer field Set up, layout and paint adult size soccer field Re-paint adult size soccer field

3 Invitation for Bid Instructions and General Provisions "Failure to comply with the following instructions may cause rejection of this bid" 1. Administrative Authority: The administration of this purchasing process is conducted by the Riverton City Purchasing Agent. No contact of the City Mayor, City Council or any employee in regards to this solicitation other than those listed herein. 2. No Obligation Implied: This Invitation for Bid implies no obligation on the part of Riverton City. 3 Contract requirements: Any contract that may arise from this Invitation for Bid is subject to the following Terms and Conditions: INDEMNIFICATION - The contractor agrees to protect, indemnify and hold Riverton City, the City Council, the Mayor, and all employees (collectively the "Indemnities") free and harmless from and against all losses, claims liens, demands and causes of action of every kind and character arising out of performance of the Work by the contractor or by its subcontractors, including the amount of judgment, penalties, interest, court costs and legal fees incurred by the Indemnities or any of them in defense of the same, arising in favor of any party, including governmental agencies or bodies, on account of, but not limited to, taxes, claims, liens, debts, personal injuries, death or damages to property (including property of Indemnities). The Contractor further agrees to; investigate, handle, respond to, provide defense for and defend any such claim, demand or cause of action at its sole expense, and agrees to bear all other costs and expenses related thereto, even if such claim, demand or cause of action is due solely to the fault of Riverton City and, release, indemnify and hold the Buyer, its officers, agents and employees harmless from liability of any kind or nature, including the contractor s use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in the performance of this contract. Riverton City is a governmental entity under the Governmental Immunity Act and waives no defenses, limits of liability or other rights. INDEPENDENT CONTRACT - It is understood and agreed by the parties that the contractor is to act in the capacity of an independent contractor and as such will have no authorization, express or implied to bind Riverton City to any agreements. Contractor's officers and employees shall not be considered as employees or officers of the City and shall not be entitled to any employee benefits as City employees as a result of the execution of this agreement. INSURANCE - The contractor agrees to acquire and maintain the appropriate insurance, in the appropriate amounts, for the service(s) provided. This may include, but not limited to workers compensation, liability and errors in omission. Proof of insurance will be provided to the City upon request. WORKFORCE - The Contractor agrees to register and participate in the Status Verification System to verify the work eligibility status of the Contractor's new employees that are employed in the state. The Contractor further agrees to have each contractor or subcontractor who works for or under main contractor, certify by affidavit that the contractor or subcontractor has verified through the Status Verification System the employment status of each new employee of the respective contractor or subcontractor. 4. Riverton City Reservations: The right is reserved to cancel this Invitation for Bid or to accept or reject any or all bids, and to waive any informality or technicality in any bid, in the interest of Riverton City. Riverton City reserves the right to award multiple contracts to more than one vendor for the same or similar items. Riverton City reserves the right for an option to renew or extend any contract that may arise from this Invitation for Bid, not to exceed four (4) renewals or extensions. Unless specifically provided for elsewhere in this bid, multiple or alternate bids will not be accepted. The City Mayor and City Council reserves the right to purchase such brands as they desires, irrespective of price. The right is reserved, unless supplier countermands, to increase or decrease the quantity of any item(s) as the bid price. Riverton City reserves the right to cancel any item(s) not delivered after the purchase order issued. Riverton City reserves the right to select some or all of the items from any vendor unless an "all or nothing" statement is included in the bid. Riverton City does not guarantee to make any purchase from this bid. Estimated quantities are for bidding purposes only and are not to be interpreted as a guarantee to purchase any amount. 5. Failure to Respond: Failure to respond may result in the removal of your firm from the vendor's list for the commodity(s) listed. Unless you advise the Purchasing Agent prior to the bid due date that you desire to receive future invitations to bid on this commodity. Three consecutive no responses will result in removal 6. Bid Preparation: A. Fill out this bid form completely filling in all blanks, either in ink or typewritten. All information provided must be legible. B. Errors may be crossed out and corrections made in ink or typewritten (no type covers) adjacent and must be initialed in ink by the person signing the bid. C. Any manufacturer's name, trade names, brand names or catalog number(s) used in this specification are there for the purpose of establishing and describing general performance and quality levels. Such references are not intended to be restrictive, and bids are invited on these and comparable brands or products by any manufacturer. All items will be evaluated on an "acceptable substitute" basis unless stated otherwise, Riverton City determining acceptability. D. E. F. Price each item separately and extend, unless each item makes up a complete system or a lot price requested. Unit price will govern if there is an error in the extension. Furnish descriptive literature for each item bid. If a substitute is offered make a full written explanation on the bid as to its brand name, model number etc. Submit your bid on the documents furnished herein. G. Do not bid on items you cannot supply promptly. H. Provide information on local availability of parts and service for all items bid and service literature to allow for in-house maintenance and repairs 7. Bid Submittal: A. The bid must be signed in ink and delivered to Purchasing by the "Due Date & Time." The bid number must appear on the outside of the envelope. Fax bids will not be accepted. B. Bids, modifications, or corrections received after the closing time on the "Due Date" will be considered late. C. All purchases are subject to Riverton City purchasing ordinance. 8. Warranties: Contractor warrants that all equipment, and/or materials, and/or labor that is furnished or performed will be free from defects for a minimum period of twelve (12) months from date of acceptance. Upon notice from the City of any defect during the applicable warranty period, the affected item, parts or work shall be redone, redesigned, repaired or replaced by contractor (at contractor s expense) at a time acceptable to the City. 9. Conformance Warranty: Vendor warrants the item(s) bid will conform to the description as bid, and applicable specifications, and shall be of good and merchantable quality for the known purpose for which it is sold. 10. Bid Evaluation: Any item bid is subject to evaluation. Any item which fails to qualify for approval when evaluated shall not be accepted regardless of compliance to bid requirements. Bids will not be accepted from vendors who require assignment of payment to another agent. Note: Riverton City will only pay the vendor named on the order. Riverton City will not deal with a factor or make payment to such. 11. Collusion: The vendor agrees and certifies that there has been no collusion or other anticompetitive practices. If any are suspected among bidders or offerors, a notice of the relevant facts shall be transmitted to the attorney general. 12. Antidiscrimination Act: The vendor agrees to abide by the provisions of the Utah Antidiscrimination Act, Title 34 Chapter 35, U.C.A. 1953, as amended, and Title VI and Title VII of the Civil Rights Act of 1964 (USC 2000e), which prohibit discrimination against any employee or applicant for employment, or any applicant or recipient of services, on the basis of race, religion, color, or national origin: and further agrees to abide by Executive Order No , as amended, which prohibits discrimination on the basis of sex: 45 CFR 90 which prohibits discrimination on the basis of age, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap. This purchase may be canceled if the vendor fails to comply with the provisions of these laws and regulations. Vendor must include this provision in every subcontract or purchase order relating to purchases by Riverton City to insure that subcontractors and vendors are bound by this provision.

4 PART 1 - GENERAL Ball Field Preparation A. Work in this section includes, but is not limited to furnishing all labor, materials, equipment and incidentals necessary to prepare the baseball and softball diamonds for organized play. B. Contractor cannot store any equipment and/or supplies on City property. C. A season schedule will be provided by the City in March for the spring and summer season play and in July for the fall season play. D. During the Season the Contractor will prepare the fields that are scheduled to be used as the City directs, typically it is a minimum of once per day; however, if the City is hosting a tournament the Contractor may be required to prepare the fields more than once per day. Last year the fields were used every day except Sunday. E. Fields need to be ready for play by 5:00 PM on Monday through Friday and 8:00 AM on Saturday. F. Contractor is required to groom the fields with a machine that is specifically designed for ball field grooming, such as a John Deere 1200HD or Toro Infield Pro G. Contractor is to fill in holes or add soil as needed. The City will provide the infield soil; however, contractor must coordinate needs. H. Contractor must have experience in ball field preparation and maintenance. I. Contractor is to advise city staff on field needs, postponing play due to weather, field uses, etc. J. Contractor shall assume all responsibility for damage that may be a result of poor maintenance. Contractor will assume all cost associated with repairs. Spring Start Up Ball Fields A. Remove weeds. B. Add soil as needed. The City will provide the infield soil; however, contractor must coordinate needs. C. Level Fields. D. Set Bases

5 E. Repair Soil mounds F. Inspect and report conditions of temporary mounds Edge Cutting Ball Fields A. Use a turf 4 sod cutter to remove encroaching grass including all rhizomes B. Add soil as needed and level field Fall Shut Down Ball Fields A. Remove Bases B. Plug base receptacles Field Painting A. Use Glidden Athletic Field Marking Paint White or acceptable substitute. B. Apply paint as to the manufactures specifications. PART 2- EXECUTION a. Cleanup trash, litter, and debris on diamonds. b. Groom each field. c. Groom warning tracks every third grooming. d. Chalk the fields. e. Paint lines. PART 3-SUBMITTAL a. Invitation for Bid

6 b. The successful bidder must submit to Riverton City a full Performance Bond in amount of $5, Work cannot begin until the bond has been received by the City. Bonding cost must be included in bid price. c. Proof of Insurance d. Equipment List e. Detail experience; provide as many references as possible showing professional experience, regarding similar services including: Institution or company, phone number, business address, and the name of a contact person.

7 TERMS AND CONDITIONS It is understood and agreed that the term of this agreement is a one (1) year contract with four (4) one year options to renew, determined by the City, and provided the prices remain the same. This contract shall not be automatically renewed 1.01 CONTRACTOR S RESPONBILITY: Contractor reserves the right to renegotiate the contact when price or scope of work is affected by changes to any local, state, or federal law, regulation, or ordinance that goes into effect after the Agreement is signed. A. Workforce: Contractor shall designate a qualified representative with experience in the services being provided. The workforce is to be personally presentable at all times. All employees shall be competent and qualified and shall be US citizens, or legal residents authorized to work in the United States. The Contractor agrees to register and participate in a Status Verification System such as E Verify, to verify the work eligibility status of the Contractor's new employees that are employed in the state. The Contractor further agrees to have each contractor or subcontractor who works for or under main contractor, certify by affidavit that the contractor or subcontractor has verified through a Status Verification System the employment status of each new employee of the respective contractor or subcontractor. B. Material: All materials shall conform to bid specifications. Contractor will meet all Agricultural licensing and reporting requirements. C. Licenses and Permits: Contractor to maintain a Landscape Contractor s license if so required by State or local law and will comply with all other license and permit requirements of the City, state, and Federal Governments, as well as other requirements of the law. D. Taxes: Contractor agrees to pay taxes applicable to its work under this contract, including sales tax on material supplied where applicable. E. Bonding: The successful bidder must submit to Riverton City a full Performance Bond in amount of $5, Work cannot begin until bond has been received by the City. Bonding cost must be included in bid price.

8 F. Insurance: The Contractor shall maintain, during the life of this contract, at his own expense, the following insurance described herein. Workers Compensation insurance, sufficient to cover all employees in the employ during the term of the contract including any renewal thereof. Coverage amount should be in the amount that is required by Utah Workmen s Compensation Laws. Liability insurance (general and auto) in the amount of $1,000, per occurrence with an aggregate of $2,000, All policies shall name City, their officers, agents, and employees as additional insurers. This coverage shall be reflected on the Certificates of Insurance. The Contractor shall provide proof of coverage before work can begin. All policies shall carry an endorsement to the effect that the insurance company will provide by certified mail, at least thirty (30) days to the effective date written notice to the City of any modifications, alterations, or cancellation of any such policy or policies or terms thereof. If any of the required insurance coverage is cancelled or lapse, the City may at the City's discretion, obtain substitute coverage at reasonable rates. The City may deduct the cost of such coverage, plus 10% for administrative charges, from any monies that are owing to contractor. The aforesaid policies of insurance, and any others which may be necessary to comply herewith, shall be maintained in amounts of coverage set forth above; shall be designed to protect City from all claims for damages, including wrongful death claims of any kind or nature whatsoever which may arise from the operation of the Contractor in the performance of this contract, whether such operations be controlled by the Contractor himself or by someone either directly or indirectly employed by him for the purpose of accomplishing the obligation incumbent upon the Contractor by the terms of the contract; and shall otherwise indemnify and hold said City harmless from all manner of claims and lawsuits; and shall provide at insurer's expense, all necessary legal aid, counsel, and representation. All of the insurance policies herein mentioned shall be issued by an insurance company licensed and authorized to do business in the State of Utah and shall be obtained and properly endorsed before any operations of the Contractor are commenced with the City. Said policies shall remain in full force and effect until the expiration of the term of this contract or the completion of all duties to be performed hereunder by the Contractor, whichever shall occur later. The Contractor shall likewise deposit with the City Supervisors either the original policies of insurance mentioned or true copies thereof. It shall be the responsibility of the Contractor, in obtaining the aforesaid insurance coverage, to obtain policies which shall protect the City from any and all claims whatsoever their nature, regardless of the derivation The Contractor agrees to comply with any and all State and Federal laws and statutes that have or may have any connection or application herewith, including but not limited to, worker's Compensation, Social Security, Unemployment Compensation, and Prevailing Wage Laws Workers Compensation insurance, sufficient to cover all employees in the employ during the term of the contract including any renewal thereof must be maintained. Coverage amount should be in the amount that is required by Utah Workmen s Compensation Laws.

9 G. Liability: Riverton City will assume no liabilities for the contractor including any of the contractor s representatives, employees or properties, and agrees to, at all times, protect, indemnify, defend and hold harmless the City and city employees from any and all claims. Contractor shall, at all times maintain safe and secure conditions and take appropriate measures to avoid the risk of loss, theft, vandalism or sabotage. Any damages occurring from the execution of the contract, incidental or otherwise, to city or adjacent properties must be repaired, at the contractor s expense, to the owner s satisfaction. H. Indemnification Contractor shall indemnify and hold harmless the City, its officers, agents employees and volunteers from any and all claims arising out of the activities or omissions of the Contractor, its officers, agents, employees, and others claiming through or under Contractor, including its assignees, under this Agreement. This indemnification requirement includes indemnification for claims for attorney s fees, court cost and litigation expenses, of whatever type and amount. Contractor shall indemnify and hold harmless the City, its officers, agents, employees and volunteers from any and all claims involving worker s compensation and claims for injuries occurring upon or arising from the performance of this Agreement; Contractor shall be solely and fully responsible for the payment of such claims. Contractor shall indemnify and defend the City, its officers, agents and employees from any and all administrative claims and proceedings (such as alleged OSHA violations and similar proceedings) brought against the City, its officers, agents, employees or volunteers which arise out of the performance by Contractor of this Agreement. Contractor shall be fully responsible for the training and equipping of its workers on the premises and for any failings in such training or equipment. Contractor shall be responsible for the costs of any safety feature or improvements mandated by the performance of this agreement. At all times, Contractor shall perform the services set forth in this agreement in accordance with the regulations, standards and the instructions of the City. I. Subcontractors: Contractor reserves the right to hire qualified subcontractors to perform specialized functions or work requiring specialized equipment. J. Fines: Any fine that the City may incur from a violation due the negligence of the operational practices of the contractor in the prevention of storm water pollutants, the fine will be passed on to the contractor and shall be deducted from any invoice, that is supplied by the contractor, or from the executed performance bond. K. Invoicing: Contractor will submit monthly service invoices for the amount set forth under the prices and terms shown on page 1 of this Agreement. Any services rendered, that are in addition to or beyond the scope of work required of this Agreement shall be separately billed.

10 L. Non Availability of Funds It is understood that if the department fails to receive sufficient appropriation of funds or authorization for the expenditure of sufficient funds to provide for the continuation of the contract or the lawful order issued in or for any fiscal year during the Term of this contract, the contract and all lawful order s issued shall terminate on the date said funds are no longer available without any termination charges or liability incurring to the City. The City shall certify and warrant in writing that sufficient funds have not been appropriated or authorized to continue this amendment. Non Availability of Funds or failure to receive authorization for the expenditure of sufficient funds as used herein means a level of funding that results in less funding than that which was allocated to department in the immediately preceding fiscal year 1.02 Owner s/clients Responsibility A. Utilities: All utilities shall be provided by the Owner/Client. B. Access to Jobsite: Owner/client shall furnish access to all parts of jobsite where Contractor is to perform work as required by this Agreement or other functions related thereto, during normal business hours and other reasonable periods of time and in the case of after hour emergencies. C. Payment: Owner/client shall review invoices submitted by Contractor and payment shall be due 30 days following the date of the invoice Other Terms The Owner/Client and the Contractor respectively, bind themselves, their partners, successors, assignees and legal representative to the other party with respect to all covenants of this Agreement. Neither the Owner/Client nor the contractor shall assign or transfer any interest in this Agreement without the written consent of the other. The contract is a one (1) year contract with four (4) one year options to renew, determined by the City. Upon the renewal there may be an escalation of the contract approved if proof is provided as to why the increase is needed. The yearly cost of living increase will be tied to the Wells Fargo Bank Cost of Living Index for the Wasatch Front, and shall not exceed 2%. The parties agree that in the interest of the economy, speed and insuring continued good relationships, any questions arising out of the operations of this Agreement which the parities cannot resolve between themselves shall be referred to binding arbitration under the rules of the American Arbitration Association Termination: The Contract may be terminated by either party giving a thirty (30) day written notice. On termination of this contract, all accounts and payments will be processed to date of termination for the approved services, according to the financial arrangements set forth in this document.