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HomeMy WebLinkAbout25G - AGMT FOR ASPHALT AND STORM DRAINREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2020 TITLE: APPROVE AGREEMENTS WITH TE ROBERTS, PAULUS, BIG BEN ENGINEERING AND PALP DBA EXCEL PAVING, FOR EMERGENCY ON -CALL REPAIRS TO ASPHALT PAVEMENT, CONCRETE PAVEMENT, AND STORM DRAINS, IN AN AGGREGATE AMOUNT NOT TO EXCEED $900,000 FOR A MAXIMUM FIVE-YEAR TERM (NON -GENERAL FUND) /s/ Kristine Ri CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s' Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager to execute agreements with T.E. Roberts, Inc., Paulus Engineering, Inc., Big Ben Engineering, and Palp, Inc. dba Excel Paving Company to provide on -call asphalt pavement, concrete pavement, and storm drain repairs for the three-year period beginning December 1, 2020 and ending on November 30, 2023, with a provision for one two-year extension, in a total aggregate amount not to exceed $900,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On occasion, the City requires the services of independent contractors to assist with emergency asphalt pavement, concrete pavement, and storm drain repairs. These services may include performing related site restoration such as repairs to streets, sidewalks, curbs, gutters, curb ramps, storm drain pipelines, and catch basins, as directed by staff, to ensure infrastructure is maintained in an appropriate and safe condition during unforeseen events. On, September 24, 2020, the Public Works Agency issued a Request for Proposals (RFP) for emergency on -call asphalt concrete, concrete, and storm drain repairs via the City's Planet Bids website (Exhibit 1). A total of 978 vendors were notified of the RFP and 16 downloaded the proposal files. Four proposals were received and evaluated by a selection committee based on criteria as outlined in the RFP. Listed below are the responding firms with qualifying proposal scores: 25G-1 Approve Agreements for On -Call Emergency Repairs December 1, 2020 Page 2 FIRM LOCATION SCORE RANK T.E. Roberts, Inc. Orange, CA 93 1 Paulus Engineering, Inc. Anaheim, CA 85 2 Big Ben Engineering Irvine, CA 84 3 Excel Paving Company Long Beach, CA 79 4 Based on the evaluation results, staff recommends retaining T.E. Roberts, Inc., Paulus Engineering Inc., Big Ben Engineering and Palp, Inc. dba Excel Paving Company to perform on -call emergency repairs (Exhibits 2-5). These highly ranked firms demonstrated they have the experience, staff, equipment, and financial security to provide a rapid response to the City's emergency infrastructure needs. FISCAL IMPACT There is no fiscal impact associated with this action. Prior to utilizing any of these on -call services, Public Works Agency staff must receive Finance & Management Services Agency approval of funding and accounts to be used to ensure funds are available under the authorization and shared aggregate limit of $900,000. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued to a firm. Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Exhibits: 1. RFP No. 20-106 2. T.E. Roberts, Inc. Agreement 3. Paulus Engineering, Inc. Agreement 4. Big Ben Engineering Agreement 5. Palp Inc., dba Excel Paving Company Agreement 25G-2 EXHIBIT 1 REQUEST FOR PROPOSALS (RFP) FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES RFP NO.: 20-106 CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Monica M. Suter, PE, TE, PTOE Project Manager for Release: Edwin "William" Galvez City Engineer Public Works Agency UPDATED KEY RFP DATES (Subject to change at discretion of City): Advertisement/Issue Date: Tuesday, Sept 22, 2020 Deadline for Requests for Information: Thursday, Oct 15, 2020 Pre -Proposal Meeting (optional): There is no scheduled meeting Proposal Due Date: Oct 20, 2020, 11:00:59 am Projected Award Date (Anticipated): December 1, 2020 City of S96W7ta4gFP 20-106 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for: On -Call Emergency Asphalt Concrete, Concrete and Storm Drain Repair Services Responses to this Request for Proposals (RFP) will be accepted until Tuesday, Oct 20, 2020, at 11:00:59 a.m. The successful Proposer must possess or obtain a valid California Class (A or C34 & C-8) Contractor's license prior to the award of contract. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than: Tuesdav, Oct 20, 2020, at 11:00:59 a.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES RFP NO. 20-106 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Project Manager Monica Suter Public Works Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 NOTE: The FEE PROPOSAL shall be included within a separate sealed envelope within the same hard copy submitted For further instructions regarding hard copy submission proposals, refer to PlanetBids. All notifications, requests for information, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City of WW7ZaAFP 20-106 (9) TABLE OF CONTENTS I. GENERAL/INTRODUCTION/PROJECT B. PROPOSAL SUBMITTAL AND SIGNATURES C. PROPOSAL EVALUATION AND RATING D. PROJECT FUNDING E. TERM OF CONTRACT II. PROPOSAL TERMS AND CONDITIONS A. EXAMINATION B. EXECUTION OF AGREEMENT C. PROPOSAL VALIDITY D. PRE -CONTRACTUAL EXPENSES E. JOINT OFFERS/SUBCONTRACTORS F. DIR REGISTRATION G. PREVAILING WAGES H. PREVAILING WAGE, COMPLIANCE AND MONITORING L COMMUNITY WORKFORCE AGREEMENT J. SAFETY PROGRAM REQUIREMENTS III. INSRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. PAYMENT INFORMATION PACKET H. CITY RIGHT TO REJECT L PROTESTS IV. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES AND SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS V. PROPOSAL REVIEW (COMPANY SELECTION) A. EVALUATION AND RATING B. SELECTION VI. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT 10 VII. IMPLEMENTATION 11 A. KICK-OFF MEETING B. NOTICE TO PROCEED VIII. PUBLIC RECORDS 12 City of SantaSP 5-106 IX. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: SAMPLE STANDARD AGREEMENT ATTACHMENT 3: CERTIFICATIONS ATTACHMENT 4: CITY OF SANTA ANA STANDARD PLANS ATTACHMENT 5: FEE SCHEDULE (UNDER SEPARATE SEALED COVER) City of Santa �P (P-106 P V L GENERAL / INTRODUCTION / PROJECT DESCRIPTION The City of Santa Ana ("Santa Ana" or "City") is the county seat and second most populous city in Orange County, California, with over 343,000 residents. It is the 57th most -populous city in the United States. Santa Ana is located in Southern California, adjacent to the Santa Ana River, about 10 miles away from the California coast. Founded in 1869, the City is part of the Greater Los Angeles Area, the second largest metropolitan area in the United States with almost 18 million residents in 2010. A. NATURE OF WORK The City of Santa Ana is seeking qualified construction companies to be ON -Call using a Task Order process to provide on -call and/or emergency services to augment the City's capacity to restore pavement, sidewalk, curb and gutter, grading, underground, and/or storm drain systems and structures in the event of failures or other urgent tasks within the public right of way. The City intends to enter into agreements in the aggregate amount of $300,000 per category. The City may award up to three (3) firms per each of the three categories to provide work on a Task -Order basis. Any approved Task Orders will be based upon each contractor's schedule of hourly billing rates provided with their proposal submittal and on time and materials (or lump sum basis) as appropriate per Task Order issued. The City reserves the right to enter into fewer, or more agreements, and to issue several or no task orders to each firm, as determined by the City's needs. Attachment 1 includes a detailed Scope of Work in this RFP's Appendix. B. PROPOSAL SUBMITTAL AND SIGNATURE Five (5) hard copies are required in addition to the electronic submittal to PlanetBids for the complete proposal package as well. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the proposal due date and time. The Fee Proposal shall be submitted separately and electronically to PlanetBids by the deadline. One of the hard copies shall be marked as "ORIGINAL" and shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana. Each Contractor shall be explicit in identifying the appropriate person with legal authority to bind the company. C. PROPOSAL EVALUATION AND RATING The criteria for evaluating the proposals submitted will take the following items into consideration: • Relevant Company/Team Experience 30% • Understanding of Need 30% • Financial Capacity and Availability 30% • References 10% City of Santa ��P 7J-106 P The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. After ranking, cost negotiations may begin with the most qualified construction company and only their separate "FEE" proposal will be opened. Should negotiations fail or result in a price that the City does not consider fair and reasonable, negotiations will be formally terminated and the City will then undertake negotiations with the second most qualified company. If the negotiations with the second most qualified company are not successful, negotiations with the third most qualified company, and so on, until the price is determined to be fair and reasonable by the City. D. PROJECT FUNDING Work tasks will be funded through a variety of sources depending upon each system failure and related and available funding sources. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP. E. TERM OF CONTRACT AGREEMENT The City intends to enter into an agreement with the selected companies for an initial three (3)- year term with a City option for up to one two-year extension. This term is outlined in Attachment 2, the Standard Agreement, contained in the Appendix of this RFP. City of Santa P O-106 P II. PROPOSAL TERMS AND CONDITIONS By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this REP as described below: A. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required in this REP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this REP are fully incorporated. B. EXECUTION OF AGREEMENT The City and the selected Proposer will enter into an Agreement similar to that as shown in Attachment 2: Standard Agreement in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this REP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. C. PROPOSAL VALIDITY Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. PRE -CONTRACTUAL EXPENSES Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred by Proposers in the preparation of its proposal. E. JOINT OFFERS/SUBCONTRACTORS Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub -contractor basis. The City intends to contract with a single company and not with multiple companies doing business as a joint venture. Should the use of sub -contractors be offered, the Proposer shall provide the same assurances of competence for the sub -contractor plus the demonstrated ability to manage and supervise the subcontracted work. Sub -contractors shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -contractors in the same manner as the Proposer. F. DIR REGISTRATION On -call emergency public work tasks completed as part of this REP and proposal(s) submitted shall be subject to the following: No contractor or subcontractor may be listed on a Dronosal for a public works nroiect (submitted on or after March 1. 2015) unless City of Santa"r Qj1-106 registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Any subsequent work that follows from this RFP is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations. G. PREVAILING WAGES In accordance with the California State Labor Code, prevailing wage rates apply. The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction, maintenance, or repair work, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein and may be accessed at http://w-ww.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1). The Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. H. PREVAILING WAGE COMPLIANCE AND MONITORING Contractor shall be aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirement on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall be in compliance with the Prevailing Wages and requirements effective the due date of this proposal submittal and shall pay prevailing rates of per diem wages according to state law at all times throughout the term of any future agreement with the City. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected City of Sant nFF�106 officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. I. COMMUNITY WORKFORCE AGREEMENT On August 15, 2017, the Santa Ana City Council approved a Community Workforce Agreement with the Los Angeles/Orange Counties Building and Construction Trade Council and the Signatory Craft Councils and Unions. The provisions of the agreement would apply to all construction and major rehabilitation work pursuant to "Prime Multi - Trade" construction contracts that exceed $250,000 and all subcontracts from these prime multi -trade contracts. The agreement also applies to all "Prime Specialty" contracts (single trade contracts) that exceed $100,000 and all subcontracts from these prime specialty contracts. Contractors working on task orders over the above thresholds must, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established and authorized by the Unions who are signatory to the agreement. This is commonly referred to a Union hiring hall. Contractors retain the right to reject any applicant referred to them through the job referral system, determine competency of all employees, to determine the number of employees required, and the duties of such employees. If any Union's registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within 48 hours, the Contractor may employ applicants meeting such classifications from any other available source. J. SAFETY PROGRAM REQUIREMENTS The Proposer shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Construction site. The following is also required in addition to being in compliance with the above and related latest editions (unless noted otherwise) of the standard specifications and/or plans in the APWA "Greenbook (2012 Edition)" CA MUTCD, AGC, SSPWC, TEES, CALTRANS Standard Plans and Standard Specifications, CALTRANS Highway Design and Traffic Manuals, as listed below and as related to the standard care of the industry: City of Sant25nURF1106 Abbreviation Word or Words AGC Associated General Contractors of America. APWA American Public Works Association ASA American Standards Association CA MUTCD California Manual on Uniform Traffic Control Devices CALTRANS California Department of Transportation FHWA Federal Highway Administration FRA Federal Rail Administration FTA Federal Transit Authority JITT Just -In -Time Training NPDES National Pollutant Discharge Elimination System SSPWC Standard Specifications for Public Works Construction TEES Transportation Electrical Equipment Specifications PACP Pipe Assessment & Certification Program 1. The Proposer shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. 2. The Proposer shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards. 3. The Proposer, their employees and subcontractors shall follow all safety rules and safe work practices. 4. The Proposer will immediately notify the City of any significant and/or unusual hazards found during the course of work. 5. The Proposer shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. The Proposer is solely responsible for the legal disposal of hazardous waste generated in the performance of their work. Safety Indemnification: To the extent allowed by law, the Proposer agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Proposer, its subcontractors or City, attributable to any alleged act or omission of the Proposer or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi -employer work sites. The City may deduct from any payment otherwise due the Proposer any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work. City of Sant GF Ff'9106 III. INSTRUCTION TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibility for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall only be made in writing through PlanetBids' "O&A" Section on or before the "Deadline for Requests for Information" as indicated on the cover page of this RFP. Please do not email or call the City or Project Manager directly. No verbal requests or responses will be accepted. Significant interpretations or clarifications may either be addressed within the Q&A portion of PlanetBids or via addenda to this RFP at the City's discretion. If any Addenda are issued, they see SUB -SECTION D "ADDENDA". D. ADDENDA Any changes in the RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of any addenda or amendments shall be posted on PlanetBids' system ONLY: • https://www.planetbids.com/portal/-oortal.cfm?CompanvID-20137 E. LICENSES & PERMITS With the exception of a business license, proposer will be responsible for obtaining any licenses/permits only as required and relevant to the Scope of Work per each Task Order issued. The contractor shall comply with all Federal, State or local laws, ordinances, or City of Sant25GFKQ106 rules and regulations related to the performance of the work, which include but are not limited to the following: a. Business License. The selected Proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection for a Task Order and must provide a copy to the City Project Manager or designee prior to commencing any work in Santa Ana. b. Public Works Construction Permit (If Applicable). At such time and if the approved Task Order work exceeds the thresholds within the Community Workforce Agreement (CWA), the Contractor will be required to obtain a permit for CWA oversight referred to as a "Public Works Construction Permit' for the applicable Task Order. This amount is estimated to be a deposit amount $10,000. For Task Orders below the CWA thresholds, this permit shall not be required, however other permits, typical of certain types of construction work, may be required. If a Public Works Construction Permit is required, the Contractor shall receive a refund on any unused deposited amount or shall pay the City the amount needed above the deposited amount. This permit will be based on actual time and material costs for the CWA oversight of the applicable Task Order. An itemized breakdown of the permit fee will be provided by the City to the Contractor, and the Contractor shall pay the City any amount due prior to retention payment by the City. If the Contractor is due a refund, the amount shall be paid by the City separate from but at the same time any retention is paid to the Contractor. c. Construction Water Permit (If Applicable). Each Prime Contractor or Subcontractor which desires to obtain water from AGENCY -owned fire hydrants for construction or any other purpose shall first obtain and pay for a permit from the Corporate Yard of the City of Santa Ana, at 220 South Daisy Avenue. Information concerning costs and conditions may be obtained from the AGENCY by calling (714) 647-3320. Use of private water from a hose bib is not allowed. For safety reasons, the AGENCY will not allow Contractor to stretch construction water hoses across open traffic lanes. Where required, Contractor shall use water truck. d. Disposal Permit (If Applicable). hi accordance with the procedures of the Orange County General Services Administration (GSA), the cost for the disposal of all materials at County landfill sites shall be home by the Contractor. e. Building and Electrical Permits (If Applicable). For projects involving building, structural construction, traffic signal or irrigation controller installation, the Prime Contractor shall obtain the necessary building and electrical permits from the Planning & Building Agency. There will be no fees for these permits. f. State Division of Industrial Safety Permits (If Applicable). In accordance with Section 6500 of the State Labor Code, permits are required for all excavations, which City of Santll�^ (;F@ fAl06 are five feet or deeper, or for all structures being built or demolished, which are more than three stories high. All permits and fees required by all other Agencies having jurisdiction over any part of the work shall be obtained and paid for by the Contractor, unless otherwise noted on the Plans or in the General Provisions. F. INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of notice of award. G. PAYMENT INFORMATION PACKET The selected Proposer shall return a completed payment information packet within ten (10) business days after the successful Proposer has received notice that the agreement has been awarded. The packet is available at: https://www.santa- ana.org/fmance/purchasing-division/vendor-registration H. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful Proposer and the City shall assume no liability of such subcontractors. 1. PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non -responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City of Sant (@FWC106 IV. SUBNIITTAL REQUIREMENTS A. GENERAL 1. Number of Copies and signature Refer to SECTION I.B. 2. Deadline Proposals are due, to the City of Santa Ana (via PlanetBids submittal) and as indicated in "SECTION I "GENERAL" at the date and time set forth above in the Notice Inviting Proposals. B. PROPOSAL CONTENTS A responsive proposal shall contain the following documentation: 1. Statement of Qualifications The Statement of Qualifications portion of the Proposal shall be limited to a MAXIMUM of (10) DOUBLE -SIDED PAGES (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11" x 17". The Statement of Qualifications includes the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. b. Agreement Statement Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the standard agreement attached as Attachment 2: Standard Agreement in the Appendix of this RFP. The Statement of Qualifications shall also include: a. Relevant Company/Team Experience Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-contractors that outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those anticipated to perform work. The project manager/principal agent shall be the primary contact person to represent your firm and include any relevant on -call or emergency contracts with other local agencies. City of SantM(;FF�106 b. Understanding of Need Proposal shall include an outline, which demonstrates the firm's understanding of the scope of services and relevant experience performing relative tasks. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of c. Financial Capacity and Availability To demonstrate a solid financial capacity and availability, the proposer shall include a list of four (4) relevant positive bond ratings demonstrating financial stability and reliability along with a list of past projects for which the company has reliably been able to respond to an agency's on -call and/or emergency needs within the last five (5) years. Project information should include project description, year completed, client name, along with a person to contact and their telephone number/email address. d. References The Proposer shall submit a list of agencies, past and present, for whom you have provided work similar to that identified in this REP (Attachment 1: Scope of Service) for the last five (5) years. 2. Fee Schedule Proposer's fee schedule shall be submitted concurrently with the technical proposal, but in a separate submission to the PlanetBids system. This shall include the firm's (and any subcontractors') Standard Hourly Fee Schedule as stated in the Appendix: Attachment 3: Fee Schedule. Fees are NOT included as part of evaluation criteria, the fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the Contractor based on qualifications, and then negotiate a contract price based on available funding per work order task. 3. Certifications The following forms, included in Attachment 4: Certifications in the Appendix of this RFP, shall be signed and included as part of the proposal submittal package: • Contractor's Licensing and Registration Statement • Prevailing Wage Compliance and Monitoring Statement • Ownership Affidavit • List of Sub -contractors (If Included) • References • Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification • Statement Regarding Apprenticeship Requirements City of Sant(@FF"106 • Public Contract Code Section 10162 Questionnaire • Statement Regarding Community Workforce Agreement (CWA) Requirements V. PROPOSAL REVIEW (CONTRACTOR SELECTION) A. EVALUATION AND RATING Refer to SECTION I.C. B. SELECTION The committee may or may not interview the top ranking proposers. The City will recommend award of the agreement to the proposers who will provide the best quality and value to the City. City reserves the right to begin negotiations and enter into an agreement without interview or further discussions. A. REOUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Executive Director will recommend award of an agreement to the proposer providing the best quality and value to the City. B. EXECUTION OF AGREEMENT A standard agreement is included as Attachment 2: Standard Agreement in the Appendix of this REP. "Proposer" will hereinafter be referred to as "Contractor" in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required insurance and documents and contents of the vendor registration and payment information packet have been received and approved. VII. IMPLEMENTATION NOTICE TO PROCEED A formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved. VIIL PUBLIC RECORDS All responses to the REP shall become property of the City, and proposals will become public record after award of agreement. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Sant (@FWG106 Appendix ATTACHMENT I SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES RFP NO.: 20-106 The City of Santa Ana (City) desires to enter into an agreement with a qualified construction company for the repair of roadway asphalt concrete and concrete, underground, storm drain, and/or other infrastructure within the public right of way (with the exception of water and sanitation systems) that may experience failures within the term of the agreement on an on -call and emergency work for general improvements, on an as needed, Task Order basis. Ancillary related work includes, but is not limited to, occasional replacement traffic pavement markings and sign replacements and related support services and paid for as described in Section I.A. "Nature of Work." The purpose of this request for proposals is to obtain qualified construction firms to augment the City's capacity to perform emergency roadway and storm drain repair water service in the event of system failures. DESCRIPTION OF WORK The scope of work will vary per Task Order within the public right-of-way. It may include, but not be limited to, the procurement and/or removal of materials, excavation, installation, backfill, compaction, grading, sidewalk and paving, curb and gutter, fencing, guardrail, barrier, catch basins, removing and/or replacing pipe and related appurtenances, conduits, wiring, and pavement markings, signs, sign posts and miscellaneous other street fiumiture, and repairing various items within the public right-of-way, traffic control, mobilization, compliance with this agreement and all other work necessary to complete on -call emergency Task Orders specified per incident. The work completed shall be in compliance with the City's Standard Plans, Caltrans Standard Plans and the "Greenbook" and Caltrans' Standard Specifications and as specified in this agreement. Work shall also be in compliance with the City's Standard Plan No. 1160, "Street Work and Utility Permit General Provisions." RFP 20-106 -1 QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER) For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I.A. "Nature of Work." Sample Task Orders for Asphalt Concrete and Concrete roadway and sidewalk and Stormdrain public right-of-way related work are, respectively: Sample Task Order A - Asphalt Concrete Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 CI' 2 AC Pavement 130 TN 3 Furnish and Install 46 Pullbox 4 EA 4 Adjust Manhole to Finished Grade 5 EA 5 PCC Curb and Gutter (Type A-2-8 100 LF 6 Signing and Striping 1 LS 7 Traffic Control Work 1 I LS Sample Task Order B - Concrete Paving Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy 2 PCC Sidewalk 17=4" 2,500 SF 3 PCC Curb Ramp 3,000 SF 4 PCC Curb and Gutter (Type A-2-8 100 LF 5 Furnish and Install 46 Pullbox 4 EA 6 Adjust Manhole to Finished Grade 5 EA 7 Catch Basin (Type `B," W=10' 1 EA 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 9 Guard Rail Replacement Caltrans RSP A77N4 50 LF 10 Guard Rail Replacement Termination Caltrans 1 EA 11 Remove and Replace Chain Link R/W Fence 50 LF Concrete Barrier Type 836 Caltrans 50 LF H112 3 Traffic Control Work 1 LS REP 20-106 -2 Sample Task Order C - Stormdrain Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CZ' 2 AC Pavement 130 TN 3 Remove and Replace 18" Corrugated Metal Pipe (CMP) 75 LF 4 Remove and Replace 18" Reinforced Concrete Pie(RCP) 75 LF 5 Remove and Replace 30" Reinforced Concrete Pipe (RCP) 75 LF 6 Catch Basin (Type `B," W=10' 1 EA 7 Traffic Control Work I LS For each Task Order Issued by Public Works Agency, the City may or may not require the Contractor to provide cash deposit or surety "Payment" and "Performance" bond. Depending upon the size, nature and risk of the work, the City may use the amounts specified by the "Greenbook," surface drainage or street improvement plan measurements, or the approved itemized cost for each On -call or Emergency Task Order to calculate bond amounts, if any. Task Order work shall be per the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. If required for a Task Order, the cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Proposal. For Task Orders, the City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. If so, the cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. CONTRACTOR RESPONSIBLITIES Contractor must be able to respond to City's request for emergency repair work on a timely and urgent manner. The contractor shall be available on an on -call basis, 24/7, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-8 or C34) Contractor's license and a City of Santa Ana Business License. RFP 20-106 -3 1. Street work shall be required to be performed by a licensed contractor for any and all the work in the public right of way. The contractor must provide the following prior to initiating Task Order work. a. A City of Santa Ana business license. b. A Certificate of Insurance of general liability containing requirements as set forth by the City Attorney and per the Standard Agreement. c. A Contractors license (with appropriate classification). d. Proof of Worker's Compensation Insurance. 2. Provide BMPs and/or erosion control plans for planned Task Order work unless directed otherwise by the City: 3. If required, the Contractor shall submit, for review and approval, a surface drainage/grading/erosion control plan, prepared by a registered civil engineer, showing the direction and means of flow within the street. Any Subcontractors intended to be used, shall be listed in the proposal. Any additional subcontractors that may become necessary, shall require approval by the City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. PAYMENT AND INVOICING: Selected Contractor shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the REP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for any assigned Task Orders • All plan check coordination within the City • Construction administration • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards), if needed RFP 20-106 4 • Electronic files for title sheets and sheet borders, if needed DEFINITION OF ITEMS (SAMPLE TASK ORDERS A. B & Cl: The unit prices paid for the items listed in the Contractor's Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to APWA's 2012 Greenbook spec cations. Each Sample Task Order's work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, ifgranted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Ordergranted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals. Sample Task Order A Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. RFP 20-106 -5 Item No. 3- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Signing & Striping The work under this item for Signing and Striping shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Signing & Striping shall be at the contract Lump Sum listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, disposal of all removed materials and incidentals as required and no additional compensation will be allowed therefore. RFP 20-106 -6 Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Sample Task Order B Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation Item No. 2 - PCC Sidewalk (T=4") The work under this item consists of grading, compacting subgrade, and constructing 4-inch thick PCC Sidewalk shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways," of the Standard Specifications, plans, and contract document specifications. Payment for PCC Sidewalk (T=4") shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including famishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for thickness (T=6") shall be paid 1.5 times the unit price. Item No. 3 - PCC Curb Ramp The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb Ramp shall be at the contract unit price bid per Linear Foot as listed in the Fee RFP 20-106 7 Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including famishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 7- Catch Basin (Type `B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. RFP 20-106 Item No. 8 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 9 — Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore. Item No. 10 - Guard Rail Replacement Termination (Caltrans) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement Termination (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement Termination (Caltrans) shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail termination, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail termination, foundation preparation, and no additional compensation will be allowed therefore. Item No. 11— Remove and Replace Chain Link R/W Fence The work under this item consists of grading, compacting subgrade, and construction of foundations to support the posts for Remove and Replace Chain Link Fence and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curb, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and Section 304-3 "Chain Link Fence" of the Standard Specifications any City Standard Specifications, plans, and/or any City's Special Provisions/Contract RFP 20-106 -9 Documents provided by the City for each Task Order. Payment for Remove and Replace Chain Link R/W Fence shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing chain link fence (and posts/foundations), furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 12 —Concrete Barrier Type 836 (Caltrans) The work under this item consists of grading, compacting subgrade, and removing and/or construction Concrete Barrier Type 836 (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," Caltrans Standard Specifications, any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Concrete Barrier Type 836 (Caltrans) shall be at the contract unit price bid per Lineal Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing concrete barrier or other appurtenances, furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 13 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Sample Task Order C Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. `RFP 20-106 -10 Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. Item No. 3 — Remove and Replace 18" Corrugated Metal Pipe (CMP) The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18" Corrugated Metal Pipe (CMP) and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 18" Corrugated Metal Pipe (CMP) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 4 — Remove and Replace 18" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 18" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 5 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. VFP 20-106 -11 Item No. 6- Catch Basin (Type `B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. VFP 20-106 -12 Appendix ATTACHMENT 2 SAMPLE STANDARD AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this _ day of , 2020 by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and . hereinafter referred to as "CONTRACTOR". 1-1Mrs] rrAI&Q A. The City desires to retain a Contractor having special skill and knowledge in the field of emergency repair of roadway pavement/sidewalk and appurtenances and stormdrain/electrical infrastructure. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a Contractor. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: a. Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 10�601M1:240RTA114101 a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $300,000, during the term of this Agreement, including any extension periods exercised under Section 3. IRFP 20-106 -13 b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on [enter the start date or "the date first written above"] for a number (3) year term with the option for the City to grant up to a one (2)-years renewal, exercisable by a writing by the City Manager and City Attorney, unless terminated earlier in accordance with Section 16, below. C:J:7Mk%11I1'[clkylyli ** Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, CONTRACTOR agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused IRFP 20-106 014 to be prepared by CONTRACTOR under this Agreement ("Documents & Data"). CONTRACTOR shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. CONTRACTOR represents and warrants that CONTRACTOR has the legal right to license any and all Documents & Data. CONTRACTOR makes no such representation and warranty in regard to Documents & Data which were provided to CONTRACTOR by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, CONTRACTOR shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. CONTRACTOR shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of CONTRACTOR's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, CONTRACTOR, if CONTRACTOR has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, CONTRACTOR agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If CONTRACTOR is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by CONTRACTOR pursuant to this section: i. CONTRACTOR shall maintain all insurance required above in full force and rFP 20-106 -15 effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. CONTRACTOR shall supply City with a fully executed additional insured endorsement. f. If CONTRACTOR fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect CONTRACTOR's right to be paid for its time and materials expended prior to notification of termination. CONTRACTOR waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION CONTRACTOR agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the CONTRACTOR, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The CONTRACTOR further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent CONTRACTOR's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONTRACTOR. 9. INTELLECTUAL PROPERTY INDEMNIFICATION CONTRACTOR shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work rFP 20-106 -16 product or documents provided by CONTRACTOR to the City pursuant to this Agreement. 10. RECORDS CONTRACTOR shall keep records and invoices in connection with the work to be performed under this Agreement. CONTRACTOR shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONTRACTOR under this Agreement. All such records and invoices shall be clearly identifiable. CONTRACTOR shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. CONTRACTOR shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to CONTRACTOR under this Agreement. 11. CONFIDENTIALITY If CONTRACTOR receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, CONTRACTOR agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the CONTRACTOR disclosed in a publicly available source; (c) is in rightful possession of the CONTRACTOR without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the CONTRACTOR without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE CONTRACTOR covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. DISCRIMINATION CONTRACTOR shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. CONTRACTOR affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 'RFP 20-106 -17 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and CONTRACTOR, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of CONTRACTOR. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate CONTRACTOR or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. IN�!T*11 MkqIMI=10111 Inasmuch as this Agreement is intended to secure the specialized services of CONTRACTOR, CONTRACTOR may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other CONTRACTORS retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, CONTRACTOR shall be entitled to receive and the City shall pay CONTRACTOR compensation for all services performed by CONTRACTOR prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require CONTRACTOR to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and CONTRACTOR consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. FFP 20-106 -18 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. I F1l :Zs] y =914 [a] ki 0 W!10 11Id07 0111:?!Cel 1107 :» [s] 4 0 &1 *9 CONTRACTOR shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. CONTRACTOR shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: ►PFP 20-106 -19 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 To Contractor First & Last Name Title CONTRACTOR Firm Name Address City, State, Zip Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. Fill aI*119 Is]k kirrJe1'Iel Daisy Gomez Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM: CONTRACTOR: Cityffg 7e4q FFP 20-106 SONIA R. CARVALHO City Attorney By: John Funk Name: Assistant City Attorney Title: Tax ID# RECOMMENDED FOR APPROVAL: Nabil Saba, PE Executive Director Public Works Agency VTP 20-106 -21 Appendix ATTACHMENT 3 CERTIFICATIONS • Contractor's Licensing and Registration Statement • Prevailing Wage Compliance and Monitoring Statement • Ownership Affidavit • List of Sub -contractors (If included) • References • Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification • Statement Regarding Apprenticeship Requirements • Statement Regarding "ANTI -KICKBACK" Requirements • Public Contract Code Section 10162 Questionnaire • Statement Regarding Community Workforce Agreement (CWA) Requirements VFP 20-106 -22 CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Business Address: Business E-Mail Address: Telephone: State Contractor's License No. and Class: License Expiration Date: State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: IRFP 20-106 -23 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersimed certifies that the foreeoine is true and correct. Name of Firm Signature of CONTRACTOR Title (if an individual, so state) IRFP 20-106 024 OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SANTA ANA ❑ INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ JOINT VENTURE SS: being duly swom, deposes and says: That he/she is the party making the foregoing proposal: That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- partnership by: who constitute the other members of the co -partnership. That he is of. a corporation which is making the foregoing proposal: That he is of. one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signature of CONTRACTOR Subscribed and sworn to before me this day of 20 Signature of officer Administering Oath (Notary Public) KIND M LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the proposal/bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). CONTRACTOR proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Signature of CONTRACTOR Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ PUNT M The following are the names, addresses, and telephone numbers for THREE public agencies for which the CONTRACTOR has performed similar work within the past three years. 1. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds from for Task Orders. KINIIII-i REFERENCES, (CONTINUED) The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past five years. 1. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds from for Task Orders. KINIIII-i NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the CONTRACTOR declares that the this Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the CONTRACTOR has not directly or indirectly induced or solicited any other CONTRACTOR to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any CONTRACTOR or anyone else to put in a sham Proposal, or that anyone shall refrain from submitting a Proposal; that the CONTRACTOR has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Fee Proposal costs of the CONTRACTOR or any other CONTRACTOR, or to fix any overhead, profit, or cost element of the Fee Proposal, or of that of any other CONTRACTOR, 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 Proposal are true; and, firther, that the CONTRACTOR has not, directly or indirectly, submitted his or her Proposal 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, Proposal depository, or to any member or agent thereof to effectuate a collusive or sham Proposal. Note: The above Non -collusion Affidavit is part of the Proposal. CONTRACTORS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal ►PFP 20-106 -29 NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this Proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated (ands have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her Proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: `RFP 20-106 -30 NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 'RFP 20-106 -31 The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Finn: Date: VFP 20-106 -32 STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned CONTRACTOR is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: Firm: Date: IRFP 20-106 -33 STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Title: Firm: Date: IRFP 20-106 034 PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 10162, the CONTRACTOR shall complete, under penalty of perjury, the following questionnaire: Has the CONTRACTOR, any officer of the CONTRACTOR's organization, or any employee of the CONTRACTOR's Company who has a proprietary interest in the CONTRACTOR, ever been disqualified, removed, or otherwise prevented from proposing/bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. KINI1M STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) This is to certify that the undersigned CONTRACTOR, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: http://www.santa-ana.org/pwa/documents/CWA.pd The undersigned CONTRACTOR hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, CONTRACTOR will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. Public Works Construction Permit: The Contractor may be required to obtain a Public Works Construction Permit if the CWA thresholds for a Task Order are met or exceeded as described in this RFP's Section IILE "Licenses & Permits." The undersigned has reviewed and understands that a Public Works Construction Permit for CWA administration fees and deposit that may be required as described in this RFP's Section IILE "Licenses & Permits." Signed: Title: Firm: Date: PUNIGM Appendix ATTACHMENT 4 City of Santa Ana Standard Plans Standard Plans https://www.santa-ana.org/pw/engineering-services KINIIII Appendix ATTACHMENT 5 FEE SCHEDULE (UNDER SEPARATE SEALED COVER) KINIIII EXHIBIT 2 AGREEMENT TO PROVIDE ON -CALL CONSTRUCTION REPAIR SERVICES THIS AGREEMENT is made and entered into this 1st day of December, 2020 by and between T.E. Roberts, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 22, 2020, the City issued Request for Proposal No. 20-106, by which it sought qualified contractors to provide on -call asphalt pavement, concrete pavement, and stormdrain repair services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in REP 20-106 and addenda thereto. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in REP No. 20-106 and addenda thereto, which is attached as Exhibit A, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of four contractors selected to provide services on an on -call basis under RFP No. 20-106 and addenda thereto. The total compensation for any services provided by the contractors selected under REP No. 20-106 shall not exceed the shared aggregate amount of $900,000 during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on November 30, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Ifthe services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. hi accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. 2ttwJ=89 (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 2tt%34'CU 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 2 01 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: T.E. Roberts, Inc. 306 W. Katella Ave., Unit B Orange, CA 92867 Attn: Timothy Roberts, President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this 2'C2 Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES 2ttwJ=93 Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Wn Ig" -f... L Jdfin M. Funk Assistant City Attorney FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR �,�, 1ZoJxrts Int. Qlq�� - N Name: Ti m o t-{-h y 1Z o be r- �s Title: P r e s t d e n -t- Page 8 of 8 25G-64 EXHIBIT Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES RFP NO.: 20-106 The City of Santa Ana (City) desires to enter into an agreement with a qualified construction company for the repair of roadway asphalt concrete and concrete, underground, storm drain, and/or other infrastructure within the public right of way (with the exception of water and sanitation systems) that may experience failures within the term of the agreement on an on -call and emergency work for general improvements, on an as needed, Task Order basis. Ancillary related work includes, but is not limited to, occasional replacement traffic pavement markings and sign replacements and related support services and paid for as described in Section I.A. "Nature of Work." The purpose of this request for proposals is to obtain qualified construction firms to augment the City's capacity to perform emergency roadway and storm drain repair water service in the event of system failures. DESCRIPTION OF WORK The scope of work will vary per Task Order within the public right-of-way. It may include, but not be limited to, the procurement and/or removal of materials, excavation, installation, backfill, compaction, grading, sidewalk and paving, curb and gutter, fencing, guardrail, barrier, catch basins, removing and/or replacing pipe and related appurtenances, conduits, wiring, and pavement markings, signs, sign posts and miscellaneous other street fiumiture, and repairing various items within the public right-of-way, traffic control, mobilization, compliance with this agreement and all other work necessary to complete on -call emergency Task Orders specified per incident. The work completed shall be in compliance with the City's Standard Plans, Caltrans Standard Plans and the "Greenbook" and Caltrans' Standard Specifications and as specified in this agreement. Work shall also be in compliance with the City's Standard Plan No. 1160, "Street Work and Utility Permit General Provisions." RFP 20-106 -1 QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER) For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I.A. "Nature of Work." Sample Task Orders for Asphalt Concrete and Concrete roadway and sidewalk and Stormdrain public right-of-way related work are, respectively: Sample Task Order A - Asphalt Concrete Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 CI' 2 AC Pavement 130 TN 3 Furnish and Install 46 Pullbox 4 EA 4 Adjust Manhole to Finished Grade 5 EA 5 PCC Curb and Gutter (Type A-2-8 100 LF 6 Signing and Striping 1 LS 7 Traffic Control Work 1 I LS Sample Task Order B - Concrete Paving Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy 2 PCC Sidewalk 17=4" 2,500 SF 3 PCC Curb Ramp 3,000 SF 4 PCC Curb and Gutter (Type A-2-8 100 LF 5 Furnish and Install 46 Pullbox 4 EA 6 Adjust Manhole to Finished Grade 5 EA 7 Catch Basin (Type `B," W=10' 1 EA 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 9 Guard Rail Replacement Caltrans RSP A77N4 50 LF 10 Guard Rail Replacement Termination Caltrans 1 EA 11 Remove and Replace Chain Link R/W Fence 50 LF Concrete Barrier Type 836 Caltrans 50 LF H112 3 Traffic Control Work 1 LS REP 20-106 2 Sample Task Order C - Stormdrain Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CZ' 2 AC Pavement 130 TN 3 Remove and Replace 18" Corrugated Metal Pipe (CMP) 75 LF 4 Remove and Replace 18" Reinforced Concrete Pie(RCP) 75 LF 5 Remove and Replace 30" Reinforced Concrete Pipe (RCP) 75 LF 6 Catch Basin (Type `B," W=10' 1 EA 7 Traffic Control Work I LS For each Task Order Issued by Public Works Agency, the City may or may not require the Contractor to provide cash deposit or surety "Payment" and "Performance" bond. Depending upon the size, nature and risk of the work, the City may use the amounts specified by the "Greenbook," surface drainage or street improvement plan measurements, or the approved itemized cost for each On -call or Emergency Task Order to calculate bond amounts, if any. Task Order work shall be per the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. If required for a Task Order, the cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Proposal. For Task Orders, the City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. If so, the cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. CONTRACTOR RESPONSIBLITIES Contractor must be able to respond to City's request for emergency repair work on a timely and urgent manner. The contractor shall be available on an on -call basis, 24/7, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-8 or C34) Contractor's license and a City of Santa Ana Business License. RFP 20-106 -3 1. Street work shall be required to be performed by a licensed contractor for any and all the work in the public right of way. The contractor must provide the following prior to initiating Task Order work. a. A City of Santa Ana business license. b. A Certificate of Insurance of general liability containing requirements as set forth by the City Attorney and per the Standard Agreement. c. A Contractors license (with appropriate classification). d. Proof of Worker's Compensation Insurance. 2. Provide BMPs and/or erosion control plans for planned Task Order work unless directed otherwise by the City: 3. If required, the Contractor shall submit, for review and approval, a surface drainage/grading/erosion control plan, prepared by a registered civil engineer, showing the direction and means of flow within the street. Any Subcontractors intended to be used, shall be listed in the proposal. Any additional subcontractors that may become necessary, shall require approval by the City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. PAYMENT AND INVOICING: Selected Contractor shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the REP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for any assigned Task Orders • All plan check coordination within the City • Construction administration • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards), if needed RFP 20-106 4 • Electronic files for title sheets and sheet borders, if needed DEFINITION OF ITEMS (SAMPLE TASK ORDERS A. B & Cl: The unit prices paid for the items listed in the Contractor's Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to APWA's 2012 Greenbook spec cations. Each Sample Task Order's work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, ifgranted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Ordergranted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals. Sample Task Order A Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. RFP 20-106 -5 Item No. 3- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Signing & Striping The work under this item for Signing and Striping shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Signing & Striping shall be at the contract Lump Sum listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, disposal of all removed materials and incidentals as required and no additional compensation will be allowed therefore. RFP 20-106 -6 Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Sample Task Order B Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation Item No. 2 - PCC Sidewalk (T=4") The work under this item consists of grading, compacting subgrade, and constructing 4-inch thick PCC Sidewalk shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways," of the Standard Specifications, plans, and contract document specifications. Payment for PCC Sidewalk (T=4") shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including famishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for thickness (T=6") shall be paid 1.5 times the unit price. Item No. 3 - PCC Curb Ramp The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb Ramp shall be at the contract unit price bid per Linear Foot as listed in the Fee RFP 20-106 -7 Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including famishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 7- Catch Basin (Type `B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. RFP 20-106 -8 Item No. 8 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 9 — Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore. Item No. 10 - Guard Rail Replacement Termination (Caltrans) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement Termination (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement Termination (Caltrans) shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail termination, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail termination, foundation preparation, and no additional compensation will be allowed therefore. Item No. 11— Remove and Replace Chain Link R/W Fence The work under this item consists of grading, compacting subgrade, and construction of foundations to support the posts for Remove and Replace Chain Link Fence and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curb, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and Section 304-3 "Chain Link Fence" of the Standard Specifications any City Standard Specifications, plans, and/or any City's Special Provisions/Contract RFP 20-106 -9 Documents provided by the City for each Task Order. Payment for Remove and Replace Chain Link R/W Fence shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing chain link fence (and posts/foundations), furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 12 —Concrete Barrier Type 836 (Caltrans) The work under this item consists of grading, compacting subgrade, and removing and/or construction Concrete Barrier Type 836 (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," Caltrans Standard Specifications, any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Concrete Barrier Type 836 (Caltrans) shall be at the contract unit price bid per Lineal Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing concrete barrier or other appurtenances, furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 13 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Sample Task Order C Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. rFP 20-106 -10 Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. Item No. 3 — Remove and Replace 18" Corrugated Metal Pipe (CMP) The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18" Corrugated Metal Pipe (CMP) and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 18" Corrugated Metal Pipe (CMP) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 4 — Remove and Replace 18" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 18" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 5 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. 'RFP 20-106 -11 Item No. 6- Catch Basin (Type `B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. VFP 20-106 -12 EXHIBIT B Statement of Qualifications T. E. Roberts, Inc. for ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES RFP NO.: 20-106 10-20-2020 Cover Letter and Agreement Statement Page 1 Team Experience Pages 2-4 Scope and Approach Page 5 Financial Capacity Pages 6-8 References Page 9-12 Certifications Pages 13-31 Addenda Pages 32-33 Fee Schedule Separate Envelope 25G-77 P TEO Roberts INCORPORATED 61 XFAgl [X41X[FPIX4 (OXIP1(lOq 306 West Natella Avenue Unit B Orange, (A 92867 T. 714.669.0072 r. 714.200.0241 License #603008 www.terobeits.com October 19, 2020 City of Santa Ana Monica Suter Public Works Agency, M-43 20 Civic Center Plaza, Ross Annex Santa Ana, CA 92701 Dar Ms. Suter: Please accept our proposal for your On -Call Emergency Asphalt Concrete, Concrete and Storm Drain Repair Services, RFP No. 20-106, bidding on October 20, 2020. T. E. Roberts, Inc. is an experienced underground pipeline contractor established in 1999. We specialize in water, sewer and storm drain construction and repairs including asphalt concrete, concrete and storm drain repairs. We are a California Corporation with CSLB class A and C34 license # 603008, DIR registration # 1000000280, and are qualified to do business in the state of California. We are currently an On -Call Contractor with the City of Santa Ana, Contract # 14-044 in the amount of $800,000.00. We have a current business license with the City of Santa Ana, # 348343. Thank you for the opportunity to bid on your project. We are familiar with the scope of work, City requirements, and terms and conditions of the Agreement. We are accustomed to and compliant with Public Works requirements including prevailing wage rates, use of Apprentices, your Community Work Force Agreement and other DIR stipulations. We are in agreement with the recitals of the Standard Agreement (Attachment 2 of the project specifications) in its entirety. We hope to continue serving your community. Sincerely, \ ykll' qE;\"- Timothy Roberts President 25G-78 T. E. ROBERTS, INC. - TEAM EXPERIENCE Timothy Roberts, President Oversees All Operations and Management Tim worked his was up from Equipment Operator to Foreman with another Southern California Pipeline Contractor before forming his own pipeline construction company in 1999. Tim has over 3S years' experience in pipeline construction. Justin Roberts, Project Manager/Principal Agent Oversees field construction. Justin has over 15 years' experience in local pipeline construction and has performed duties of laborer, equipment operator and teamster. His well-rounded experience helps him supervise projects with maximum productivity. Superintendent -Dave Klein Supervises construction, quality control and safety. Dave has over 30 years' experience in the pipeline construction industry and is proficient in all aspects of pipe installation and repair. Superintendent -Javier Magana Supervises construction, quality control and safety. Javier has over 12 years' experience in the pipeline construction industry and is proficient in all aspects of pipe installation and repair. Superintendent -Dave Pope Supervises construction, quality control and safety. Dave has over 31 years' experience in pipeline construction and worked his way up to Foreman. He excels in managing large construction projects. Superintendent -Francisco Romero Supervises construction, quality control and safety. Francisco has over 20 years' experience in the pipeline construction industry and is proficient in all aspects of pipe installation and repair. Gilbert Hartwell, Project Manager Gilbert has over 12 years' experience in local pipeline construction and started his pipeline construction career as a field laborer. Gilbert transferred his field knowledge and organizational skills to project management where he excels at supervising multiple on -going projects with efficiency. Superintendent —Bob Hartwell Supervises construction, quality control and safety. Bob has over 38 years' experience in pipeline construction, he owned his own pipeline construction company and has worked as a Field Inspector. Superintendent -Tom Zimprich Supervises construction, quality control and safety. Tom has over 37 years' experience in the pipeline construction industry and is proficient in all aspects of pipe installation and repair. Skilled Field Crew includes: Foremen, Equipment Operators, Teamsters, L�eGPj7gyers, Welders Office Adminstration Office Manager -Kim Newett Administrative Assistants: Mere Bush, Erica Friel, Priscilla Castaneda, Maria Sanchez, Erin Silber, Katie Todd Yard Staff Yard Superintendent -Jim Rader Mechanics: Brandon Morales, Joel Macias, Paul Johnston, 2 Principal in Charge TIMOTHY ROBERTS General Engineering Contractor License A, C34, #603008 RESUME Over thirty-six years experience in the pipeline construction industry, performing construction management and general contractor roles. Experienced in construction, renovation, and cost estimating within commercial and residential environments. Recognized for well -developed project management skills and scheduled operational tasks that enable project completion on time and under budget. Consistently deliver quality and excellence in workmanship. Excellent safety record. Project Management Client Focus Tools and Techniques T. E. ROBERTS, INC., Orange County, CA 1999-Present CEO and President SKILLS Cost Estimation Communication On -time Completion EXPERIENCE Safety Emphasis Materials Expertise Customer Satisfaction Chief Executive Officer and founder of successful pipeline contracting corporation. Experienced in negotiating terms for new construction projects in both private and publicly funded sectors. Manage completion of residential and commercial construction projects in a timely and professional manner. Supervise crews of skilled heavy equipment operators and general laborer personnel. Secure all required permits and contracts necessary to complete the job in accordance with government regulations. Maintain strict safety standards and procedures. Consult with clients on progress and issues. Select bid lists include: Orange County Water District, Irvine Ranch Water District, South Coast Water District, City of Newport Beach, City of Ontario, Moulton Niguel Water District, Eastern Municipal Water District, Coachella Valley Water District, Inland Empire Utilities Agency, San Gabriel Valley Water Company, Fontana Water Company, Golden State Water, and KB Homes. Client referrals available upon request. • Specializing in water, sewer and storm drains of all sizes • Manage value engineering process with client to ensure modifications to project specifications continue to meet project goals and client expectations • Received numerous accolades from clients for superior workmanship • OSHA Certified Competent Person • Certified in Trench and Equipment Safety, First Aid and Confined Spaces T.A. RIVARD, INC., Riverside, CA Superintendent, Foreman, Equipment Operator 1983-1999 Began as an Equipment Operator and advanced to Foreman and Superintendent overseeing pipeline projects throughout Southern California. EXCELLENT QUALITY - RELIABLE - SERVICE ORIENTED 3 JUSTIN ROBERTS Chief Operating Officer/Project Manager RESUME Fourteen years experience in the pipeline construction industry, managing and performing a full spectrum of general and specific pipeline labor duties. SKILLS • Heavy Equipment Operator • Skilled m the use of pipeline construction equipment and tools • Effectively applies methodology and enforces project standards • Strong communication and organizational skills • Qualified and experienced in supervising work crews up to 10 persons • Efficiently and effectively complete projects with quality results • Participant in the Motor Carrier Employer Pull Notice Program T.E. Roberts, Inc., Orange, CA Chief Operating Officer/Project Manager/Superintendent 2004-Present Manage completion of residential and commercial construction projects in a timely and professional manner. Supervise crews of skilled heavy equipment operators and general labor personnel. Maintain strict safety standards and procedures. • Confined Space Entry • Asbestos Pipe • Heat Illness • Accident Investigation • Slips/Trips and Falls • Hotwork • Lockout/Tag out • Global Harmonized Systems • Excavation Safety and Competent Person • First Aid California Class A Driver's License since 2-18-09 A Sample of Projects Justin Has Completed With T.E. Roberts, Inc. Owner: City of Newport Beach, 100 Civic Center Drive, Newport Beach, Owner: Wine Ranch Water District, 15600 Sand Canyon Avenue, Wine, CA CA 92619 POC: Alfred Castanon, Associate Civil Engineer 949 644-3314, POC: Toni Lynch 949 340-6642 lynch@imd.com acastmon@newportbmchca.gov Project Name: Omnge County Great Park Reach A Sewer Improvements/5822 Project Name: Water Transmission Main Valve Replacemend5875 Description: 1,435'-18" sewer pipe in 36" casing with jack and bore across 15 Description: Remove and replace Water Main Valve Freeway and upsize existing 949'-12" sewer pipe to 18" with restoration Contract Award: $749,933 Current Completion: 65% Contract Award: $1251,110.00 Self Performed: 55% Project Awarded: 5-30-19 Estimated Completion: 1-31-20 Project Awarded: 9-11-I8 Completed: 8-15-19 Owner: City of Newport Beach, 100 Civic Center Drive, Newport Beach, Owner: Orange County Water District, 18700 Ward Street, Fountain Valley, CA CA 92660 92708 POC: Alfred Castanon Associate Civil Engineer 949 644.3314, POC/Engineer. Benjamin Smith, Engineer 714 378-3211 bsmith@ocwd.com acastanon@newportbeachca.gov Project Name: Mid Basin Injection, Centennial Park/5745 Project Name: Balboa Island Water Main Replacement Phase 2/5838 Description: 9,500' 12-36" CMUC pipeline construction with appurtenances and Description: 3,100'12" PVC, 100'8" PVC, 850'6" PVC, 30'4" PVC water restoration line and appurtenances with restoration Contract Award: $2,756,010.00 Self Performed: 95% Contract Award: $2.222,300.00 Completed Amount $1,951,131.06 Project Awarded: 8-8-17 Completed: 9-5-18 Project Awarded: 11-27-18 Completed: 5-24-19 Owner: City of Newport Beach, 100 Civic Center Drive, Newport Owner: South Coast Water District, 31592 West Street, Laguna Beach, CA 92651 Beach, CA 92660 POC: Joe Sinacori (949) 499-4555 ext 3178 jsinacori@sewd.org POC: Alfred Castanon Associate Civil Engineer 949 644-3314, Project Name: PCH Recycled Water Distribution Bottleneck Upsizing/5663 acastanon@newportbeachra.gov Description: Install 6,350'-16" PVC pipeline with appurtenances and restoration Project Name: Balboa Island Water Main Replacement Phase 1/5767 Contract Award: $3,201,375.00 Self Performed: 84% - - Description: 600' 12" PVC, 50' 10" PVC, 2,000' 8" PVC, 300' 6" Project Awarded: 7-28-16 Completed: 5-27-17 PVC, 50' 4" PVC water line and appurtenances with restoration Contract Award: $1,563,400.00 Self Performed: 89"ln Project Awarded: 12-1-17 Completed: 4-18-18 N PROJECTAPPROACH A 24 hour Emergency Contact List with home and cell phone numbers of key personnel will be provided to the City upon award of contract. Upon notification T.E. Roberts, Inc. will immediately respond within one hour to assess the scope of work. A crew will mobilize within four to eight hours with appropriate personnel, equipment and materials to begin repair work. Our extensive fleet of equipment and personnel allow us to mobilize quickly. As an experienced underground contractor we will perform and provide quality service, materials, and invoicing in a timely and professional manner. We will comply with Public Works Standards, CWA, OSHA, DIR and Local, State and Federal regulations. T. E. Roberts, Inc. is committed to providing quality pipeline services with on -time and on -budget project completions. Our high standards combined with the latest technology in pipeline construction allow us to deliver what our customers need when they need it. President, Tim Roberts, is personally involved with daily operations and is available by cell phone 24/7 to ensure customer satisfaction. As an experienced On -Call contractor we can provide all services detailed in your scope of services: Repair of roadway asphalt concrete and concrete, procurement and/or removal of materials, excavation, installation, backfill, compaction, grading, sidewalk and paving, curb and gutter, fencing, guardrail, barrier, catch basins, removing and/or replacing pipe and related appurtenances, conduits, and wiring. Underground, storm drain, and/or other infrastructure within public ROW Ancillary related work including traffic pavement markings, sign replacements and related support services The above work may encompass excavation, pavement cuts, minor grading, disposal and hauling of spoils and excess materials, backfill and compaction. 25G-82 E REFERENCES Owner: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701 POC: Rudy Rosas (714) 714 647-3379, rrosas@santa-ana.org Project Name: Emergency Sewer and Water Repair Services Description: On -Call water and sewer repairs with asphalt & concrete restoration Contract amount: $800,000.00 Project Awarded: 9/16/17 Completion: On -Going Owner: City of Ontario,1425 S. Bon View Avenue, Ontario, CA 91761 POC: Andy Marquez, 909 395-2683 amarouez cDontarioca.aov Bond Number: 107216044-Travelers Casualty Co A++XV Project Name: On -Call Water Services/5588 Description: On -Call Services for water distribution and sewage collection system repairs with asphalt and concrete restoration Contract amount: $1,200,000.00/yr since 2011 Project Awarded: 8/8/11 Completion: On -Going Owner: City of Newport Beach, 100 Civic Center Dr., Newport Beach, CA 92660 POC: Mike Sinacori (949) 644-3342, msinacorianewportbeachca.gov Project Name: On -Call Underground Utility Installation and Repair Description: Underground utility installation & repairs with asphalt & concrete restoration Contract amount: $500,000.00 since 2-17-2015 Project Awarded: 2-17-2015 Completion: On -Going Owner: Coachella Valley Water District, 75515 Hovley Lane E., Palm Desert, CA 92211 POC: Brian Korcok 760 398-2661 bkorcok@cvwd.org Bond Number: 107216045-Travelers Casualty Co A++XV Project Name: On Call Maintenance for the Irrigation Distribution System/5806 Description: On Call Maintenance for the Irrigation Distribution System Contract Award: $150,000 since 6-11-2018 Project Awarded:6-11-18 Completion: On -Going Owner: City of Beaumont, 550 E. Sixth Street, Beaumont, CA 92223 POC: Ted Luiten, Sr. Resident Engineer 626 393-1972 ted.luiten@stantec.com Bond Number: 107216044-Travelers Casualty Cc A++XV Project Name: Brine Disposal Pipeline, Reach 2/5830 Description: 10 miles 12" HDPE pipeline and appurtenances with restoration Contract Award: $13,817,102 Completed Amount: $13,559,467 Project Awarded: 10-3-18 Completed: 5-20-20 Self Performed: 85% Owner: City of Orange, 300 E. Chapman Avenue, Orange, CA 92866 POC: Jeannette Guereca, PM/PE, 714 288-2475, jguereca@cityofroange.org Bond Number: 107151251-Travelers Casualty Cc A++XV Project Name: 2018-19 Annual Pipeline Renewal Project/5929 Description: 6,400' 8" PVC pipe, 1,450' 12" PVC pipe, appurtenances & restoration Contract Award: $2,210,985 Completed Amount: $1,995,497 Project Awarded: 11-3-19 Completed: 7-30-20 Self Performed: 91 % Owner: City of Newport Beach, 100 Civic Center Drive, Newport Beach, CA 92660 POC: Alfred Castanon Associate Civil Engineer 949 644-3314, acastanon@newportbeachca.gov Bond Number: 106920564-Travelers Casualty Cc A++XV Project Name: Balboa Island Water Main Replacement Phase 2/5838 Description: 3,100'12" PVC, 100'8" PVC, 850'6" PVC, 30'4" PVC water line and appurtenances with dewatering and restoration Contract Award: $2,222,300.00 Completed Amount $1,951,131.06 Self -Performed: 96% Project Awarded: 11-27-18 Completed: 5-24-19 25G-83 0 CULBERTSON INSURANCE SERVICES, INC. 5500 E. SANTA ANA CANYON ROAD, SUITE 201 ANAHEIM, CA 92807-3103 PHONE 714/921-0530 FAX 714/921-2096 EMAIL: bonds@culbertsonbonding.com October 20. 2020 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 RE: T.E. Roberts, Inc. Prequalification for Bidder's List To Whom It May Concern: We are the bonding agent for T.E. Roberts, Inc. Their bonds are currently written through Travelers Casualty and Surety Company of America and have been since 2013. Travelers is currently listed with the Federal Register/The Department of the Treasury's Listing of Approved Sureties and maintains a Best Guide rating of "A++ XV", and is licensed to do business in all fifty states. The surety has currently extended a fifteen -million -dollar single line of credit and a thirty -million -dollar aggregate line of credit for this account, with a current bonding capacity of ten million. At the request of T.E. Roberts, Inc., Travelers will give favorable consideration to providing the required performance and payment bonds, should they be awarded the above project. T.E. Roberts, Inc. has had no claims made on any of their Surety Bonds. The bond rate is as follows based on rate per $1,000 of contract amount: First... $100,000 $10.600 Next... $400,000 $10.600 Next... $2,000,000 $7.400 Next... $2,500,000 $7.050 Next... $2,500,000 $5.950 Over... $7,500,000 $5.950 Please note that the decision to issue performance and payment bonds is a matter between T.E. Roberts, Inc. and Travelers Casualty and Surety Company of America, and will be subject to standard underwriting at the time of the final bond request, which will include but not be limited to the acceptability of the contract documents, bond forms and financing. We assume no liability to third parties or to you if for any reason bonds are not executed. Very truly you s, Charles L. Flake President Culbertson Insurance Services, Inc. CONTRAC2R%G 841ALISTS Roberts INCORPORATED GENERAL ENGINEERING CONTRACTOR BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY T.E. Roberts, Inc., was established in 1999 and is an experienced and knowledgeable professional in underground utility construction. We have substantial expertise and skill in constructing quality work for water agencies, local municipalities and private enterprises. Throughout the years we have accumulated equipment, resources, insurance policies, employees and business contacts to insure our continued success. We are financially capable and responsible to complete underground utility projects. T.E. Roberts, Inc. has never filed a petition in bankruptcy. REFERENCES: Bank: Sunwest Bank, 18302 Irvine Blvd, Suite 100, Tustin CA 92780 Contact: Ben Frank (714) 730-4460 Accountant: Friedman and Associates, 4040 Barranca Parkway, Suite 280 Irvine, CA 92604 Contact: Brett Friedman (714) 850-1001 Bonds: Culbertson Insurance Services, 5500 E. Santa Ana Canyon Road, Anaheim, CA 92807 Contact: Chuck Flake (714) 921-0530 Insurance: HUB International Insurance Services, 4695 MacArthur Court, Suite 600 Newport Beach, CA 92660 Contact: Andrew Littlefair (949) 623-1048 Upon request and within seven days T.E. Roberts, Inc. can provide, a signed financial statement, financial data or other information and references sufficiently comprehensive to permit an appraisal of its financial condition. 306 West Katella Avenue Suite B Orange, CA 92867 T. 714.669.0072 F. 714.200.0241 License #603008 25G'$5 www.terobertsinc.com Matt Yucelen Phone (626) 448-6183 Vice President - Engineering and Operations MYYuceien@sgvwater.com San Gabriel Valley Water Company John Robinson Civil Engineer John Robinson Consulting Thomas O'Neill General Manager Chino Basin Desaiter Authority Tom Epperson Project Manager, Principal Engineer Tetra Tech Michael Sinacori Assistant City Engineer City of Newport Beach Andy Marquez Utilities Operations Asst. Manager City of Ontario Jason Roehrborn Civil Engineering Assistant City of Glendora Phone: (626) 375-9389 JRobinson@johnrobinsonconsulting.com Phone: (909) 218-3729 TONeiil@chinodesaiter.org Phone: (949) 809-5156 Tom.Epperson@tertratceh.com Phone: (949) 644-3342 MSinacori@newportbeachca.gov Phone: (909) 395-2683 AMarquez@ontarioca.gov Phone: (626) 914-8253 JRoehrborn@ci.glendora.ca.us Van Jew Phone: (909) 624-0035 Manager of Engineering, Operations and Maintenance Monte Vista Water District VJew@mvwd.org Steve Brown Phone: (714) 528-1463 Water Distribution Superintendent extension 101 Golden State Water Company SCB@gswater.co Malcolm Cortez Phone: (949) 453-5692 Engineering Manager Cortez@irwd.com Irvine Ranch Water District Bill Moorhead Phone: 714 765-4165 Project Manager BMoorhead@anaheim.net City of Anaheim Sherry Shaw Phone: (909) 595-1268 Engineering Manager SShaw@wvwd.com Walnut Valley Water District Rick Shintaku Phone: (949) 499-4555 Chief Engineer extension 3156 South Coast Water District RShintaku@scwd.org 25G-86 07 Roberts INCORPORATED Completed Construction Projects include: Owner: Rainbow Municipal Water District, 3707 Old Highway 395, Fallbrook, CA 92028 POC: Malik Tamimi 760 728-1178 mtamimi@rainbowmwd.com Project Name: Olive Hill Estates Transmission Line Replacement Line Reconnection/5957 Description: 2,550' 14" DIP water main and fittings with appurtenances and restoration Contract Award: $1,128,075 Completed Amount: $1,128,075 Project Awarded: 4-28-2020 Completed: 9-15-2020 Self Performed: 94% Owner: City of Beaumont, 550 E. Sixth Street, Beaumont, CA 92223 POC: Ted Luiten, Sr. Resident Engineer 626 393-1972 ted.luiten@stantec.com Project Name: Brine Disposal Pipeline, Reach 2/5830 Description: 10 miles 12" HDPE pipeline and appurtenances Contract Award: $13,817,102 Completed Amount: $13,559,467 Project Awarded: 10-3-18 Completed: 5-20-20 Self Performed: 85% Owner: City of Orange, 300 E. Chapman Avenue, Orange, CA 92866 POC: Jeannette Guereca, PM/PE, 714 288-2475,jguereca@cityofroange.org Project Name: 2018-19 Annual Pipeline Renewal Project/5929 Description: 6,400' 8" PVC pipe, 1,450' 12" PVC pipe, appurtenance and restoration Contract Award: $2,210,985 Completed Amount: $1,995,497 Project Awarded: 11-3-19 Completed: 7-30-20 Self Performed: 91% Owner: City of Riverside, 3750 University Avenue, Riverside, CA 92501 POC: Morgan Newlin, Chief Construction Inspector, 951 237-1342 MNewlin@riversideca.gov Project Name: Mission Inn Rezoning Pipeline Project/5905 Description: 2,530' 12" DIP, 2570' 8" DIP pipeline and appurtenances with restoration Contract Award: $2,506,620 Completed Amount: $2,102,492 Project Awarded: 9-23-19 Completed: 7-14-20 Self Performed: 89% Owner: Coachella Valley Water District, 75515 Hovley Lane East, Palm Desert, CA 92211 POC: Jignesh Ladhawala 760 398-2661 jladhawala@cvwd.org Project Name: Avenida Juarez Sewer Pipeline Rehabilitation/5954 Description: Removed and replaced 8" sewer piping Contract Award: $249,485 Completed Amount: $237,363 Project Awarded: 4-14-2020 Completed: 6-5-2020 Self Performed: 98% Owner: City of Orange, 300 E. Chapman Avenue, Orange, CA 92866 POC: Martin Varona 714 744-5525 mvarona@cityoforange.org Project Name: Kennymead Storm Drain Improvements/5956 Description: 36" RCP with 72" riser and reinforced concrete junction Contract Award: $70,490 Completed Amount: $68,391 Project Awarded: 3-10-2020 Completed: 7-3-2020 Self Performed: 85% 25G-87 Owner: Inland Empire Utilities Agency, 6075 Kimball Avenue, Chino, CA 91708 POC/Engineer: Jamal Zughbi 909 993-1698 Project Name: RP 5 Recycled Water Pipeline Bottleneck/5819 Description: Pressure Regulating Retrofit Contract Award: $2,023,600 Completed Amount: $2,136,545 Project Awarded: 9-20-18 Completed: 3-11-2020 Self Performed: 87% Owner: Laguna Beach County Water District, 306 Third Street, Laguna Beach, CA 92651 POC: David Youngblood, PE/Operations Mgr., 949 494-1041, dyoungblood@Ibcwd.org Project Name: Fire Hydrant Replacement Project, WO 8220/5930 Description: Removed and replaced 9-6" fire hydrants with restoration Contract Award: $318,600 Completed Amount: $328,345 Project Awarded: 12-4-19 Completed: 4-22-2020 Self Performed: 99.5% Owner: Irvine Ranch Water District. 15600 Sand Canyon Avenue, Irvine, CA 92619 POC: Christian Kessler, PM, 949 453-5441, kessler@irwd.com Project Name: Bonita Canyon Recycled Water Zone D-B Pressure Reducing Station Supply Pipeline Replacement PR 10999/5920 Description: Removed and replaced 12"CML/C pipeline, install appurtenances & restore Contract Award: $186,400 Completed Amount: $205,270 Project Awarded: 10-29-19 Completed: 4-8-20 Self Performed: 97% Owner: City of Chino Hills, 14000 City Center Drive, Chino Hills, CA 91709 POC: Fe Rama, Senior Engineer 909 364-2776 frama@chinohills.org Project Name: Saddle Replacement Phase 2/5896 Description: Removed and replaced service saddle and corp stop with restoration Contract Award: $712,815 Completed Amount: $711,072 Project Awarded: 9-27-19 Completed: 3-24-20 Self Performed: 63% Owner: City of Newport Beach, 100 Civic Center Drive, Newport Beach, CA 92660 POC: Alfred Castanon, Associate Civil Engineer 949 644-3314, acastanon@newportbeachca.gov Project Name: Water Transmission Main Valve Replacement/5875 Description: Removed and replaced Water Main Valve Contract Award: $749,933 Completed Amount: $822,899 Project Awarded: 5-30-19 Completed: 1-31-20 Self Performed: 91% Owner: Coachella Valley Water District, 75515 Hovley Lane East, Palm Desert, CA 92211 POC: Brian Korcok 760 398-2661 bkorcok@cvwd.org Project Name: La Quinta Irrigation Distribution Improvements/5803 Description: 7,976' 24" PVC, 3,702' 18" PVC, 4,892' 12" PVC with appurtenances and restoration Contract Award: $5,976,810.00 Completed Amount: $5,643,380.00 Project Awarded: 6-7-17 Completed: 8-7-19 Self Performed: 94% Owner: Irvine Ranch Water District, 15600 Sand Canyon Avenue, Irvine, CA 92619 POC: Toni Lynch 949 340-6642 lynch@irwd.com Project Name: Orange County Great Park Reach A Sewer Improvements/5822 Description: 1,435'-18" sewer pipe in 36" casing with jack and bore across 15 Freeway and upsize existing 949'-12" sewer pipe to 18" with restoration Contract Award: $1,251,110.00 Self Performed: 55% Project Awarded:9-11-18 Completed: 8-15-19 25G-88 Owner: West Basin Municipal Water District, 17140 S. Avalon Blvd, #210 Carson, CA 90746 POC: Veronica Govea 310 660-6269 veronicag@westbasin.org Project Name: Dominguez Technology Center Retrofit/5831 Description: Recycled Water Retrofit Contract Award: $1,043,145.00 Completed Amount: $842,684.00 Project Awarded: 10-11 -18 Completed: 7-5-19 Owner: City of Anaheim, 200 South Anaheim Blvd., Anaheim, CA 92805 POC/Engineer: Stewart Noble 714 765-4591 SNoble@anaheim.net Project Name: Katella Avenue Water Main Replacement/5724 Description: 2,916' 12"-16" CML/C and 3,500' 12"-16" DIP pipeline and appurtenances with restoration Contract Award: $6,149,187 Completed Amount: $7,815,160.00 Project Awarded: 6-7-17 Completed: 6-10-19 Owner: City of Norco, 2870 Clark Avenue, Norco, CA 92860 POC/Engineer: Sam Nelson 951 270-5677 snelson@ci.norco.ca.us Project Name: Vine Street Water Main Replacement/5818 Description: 3,310' 12" DIP and 900' 8" DIP pipeline and appurtenances with restoration Contract Award: $1,183,940 Completed Amount: $1,061,376.28 Project Awarded: 6-26-18 Completed: 4-18-19 Owner: City of Newport Beach, 100 Civic Center Drive, Newport Beach, CA 92660 POC: Alfred Castanon Associate Civil Engineer 949 644-3314, acastanon@newportbeachca.gov Project Name: Balboa Island Water Main Replacement Phase 2/5838 Description: 3,100'12" PVC, 100'8" PVC, 850'6" PVC, 30'4" PVC water line and appurtenances with dewatering and restoration Contract Award: $2,222,300.00 Completed Amount $1,951,131.06 Self -Performed: 96% Project Awarded: 11 -27-18 Completed: 5-24-19 Owner: San Gabriel Valley Water Company, 11142 Garvey Avenue, El Monte, CA 91732 POC/Engineer: POC/Engineer: Matt Yucelen (626) 448-6183 myyucelen@sgvwater.com Project Name: 5942F Locust, Rialto/5807 Description: 5,100' 24" pipeline with restoration Contract Award: $577,250.00 Self Performed: 99% Project Awarded: 5-30-18 Completed: 2-12-19 Owner: City of Anaheim, 200 South Anaheim Blvd., Anaheim, CA 92805 POC/Engineer: Kim Tran 714 765-4964 KTran@anaheim.net Project Name: North Street Water Main Replacement/5814 Description: 235' 12" DIP pipeline and appurtenances with restoration Contract Award: $318,950 Self Performed: 87% Project Awarded:6-26-18 Completed: 1-11-19 Owner: Irvine Ranch Water District, 15600 Sand Canyon Avenue, Irvine, CA 92619 POC: Jeff Smyth 949 453-5751 Smyth@irwd.com Project Name: Seawatch Recycled Water Main/5794 Description: 4,600' 10" PVC Recycled Water Main and Appurtenances with Restoration Contract Award: $1,071,940.00 19 Self Performed: 76% Project Awarded: 3-13-18 Completed: 12-17-18 25G-89 w Appendix ATTACHMENT CERTIFICATIONS • Contractor's Licensing and Registration Statement • Prevailing Wage Compliance and Monitoring Statement • Ownership Affidavit • List of Sub -contractors (If included) • References • Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification • Statement Regarding Apprenticeship Requirements • Statement Regarding "ANTI -KICKBACK" Requirements • Public Contract Code Section 10162 Questionnaire • Statement Regarding Community Workforce Agreement (CWA) Requirements City of Santa Ana RFP 20-106 25�TeUV k3 CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: T E. Roberts, k n C Business Address: 3C6 W. Kq}ells Avenue, Untt �, Orancle, CA `12867 Business E-Mail Address: -f Y o b e Y t S@ to ro b e rt S. Co YYl Telephone: 1 1 LI - to b 9. 0 0 12 State Contractor's License No. and Class: b03o0$ - A-Gencrctl Engiheering.G34 Pincbne- License Expiration Date: 0 Ct o b e Y 3I , 2.o 2-2- State Dept. of Industrial Relations (DIR) Registration No.: _ 1 0 0 0 0 0 0 2 so State Dept. of Industrial Relations (DIR) Registration E " do ate: n e 3D , 20 219 Signed: Timothy Roberrs Title: preSidr-ot City of Santa Ana RFP 20-106 25Ge913 1l:�0 '. •i' Lt':ri '�iP -: a:l3 f::.;.0 �_�_ � r11 T.E. R08, INC. A special meeting of the shareholders was held on May i0, 2011, at 5:00 P.M., at Santa Ana, California, pursuant to a request by Rimberlee J. Roberts and Timothy E. Roberts for the purpose of designating Timothy E. Roberts, President, the authorization to execute and sign Contracts on behalf of T.R. Roberts, Inc. Timothy E. Roberts acted as chairperson, and Kimberlee J. Roberts acted as secretary. The call of the list of shareholders and inspection of Proxies showed that there were represented at the meeting, in person or by proxy, holders of 50,000 shares, constituting a quorum. On motion made and carried by the affixmativp vote of 10,000 shares represented at the meting, the following resolutions were adopted: The Ming was adjourned on motion duly made and carried. Dated s '� 1 �} ry �A 4�tlee J. s, Secretary 25G-92 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Name of Firm Signature of CONTRACTOR Title (if an The undersigned certifies that the foregoing is true and confect so state) City of Santa Ana RFP 20-106 25G29134 OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Timothy ►Zo b e r t s being duly swom, deposes and says: ❑INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- partnership by: who constitute the other members of the co -partnership. M CORPORATION That he is of: T.E. Roberts, Inc a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advanta a against the City of Santa Ana or any person interested in the proposed contract, for self or any er �ese Signature of CONTRACTORTimctby Subscribed and sworn to before me this �� day of QMVWY 20� UAw, , " LrL6Q ��l Signature of officer Administering Oath (Notary Public) S-e-e aO-A'ched City of Santa Ana RFP 20-106 25%7 � \-I CALIFORNIA JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of r%VL Subscribed and sworn to (or affirmed) before me on this _JJ* day ofJJCiV 20�, bye-IfV1(�"JVt�/ KV✓J��d� proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. KIM "!EN �+ COMM. #2228431 Zx o °_, Notary Public California o Orange County z �r M Comm. Ex ties Feb. 7, 2022 Signature (Seal) Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this jurat to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document This certificate is attached to a document titled/for the purpose of DWne(/sk,P containing pages, and dated I V Method of Affiant7basis tion Proved to me on tsatisfactory evidence: Q form(s) of identification Q credible witness(es) otarial event is detailed in notary journal on: Page# Entry if No ry contact: Other ❑ Affian ) umbprint(s) ❑ Describe: 0 Copyright 2007-2017 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Righ2 t5G _9&—ber 101884. Please contact your Authorized Reseller to purchase copies of this form. LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the proposal/bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). CONTRACTOR proposes to subcontract certain portions of the work to the firms listed below: Name SwvcAures Wimi+ed License #/Exp. 5,30110 / 12-31--7.02y DIR Reg. #/Exp. Moo(D300 0-3o-2oz1 Location Ar u e- r Gk Phone q51 �48 b30 Type Of Work Cc)y)crete15tvucture wow Amount $ X12 150, , Name License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature of CONTRACTOR Timo y Roberts Name Apra FtYLC License #/Exp. 122 a S14 Z � 2B 2 0 22 DIR Reg. #/Exp. _100o001gq-6, 1a-30-7-022- Location Wl Mirrioaks Wk. In VOey, M Phone 323 8'1 S- taK2 Type Of Work V�t,ncP I (.rv"rat 1 Amount $ 1ald 1 SD . Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ City of Santa Ana RFP 20-106 250=901"Y6 I � sure -IN bvM0J parent'• Addendum Page 5 of 6 The following are the names, addresses, and telephone numbers for THREE public agencies for which the CONTRACTOR has performed similar work within the past three years. 61 6A Name and Ttphone Number of person familiar with �pro ect. g emty e✓tc/ sewW9.11 a4cr PRpn.ir3 mo ou). wn +�/Oklr,r S+.r han '1-01-1— prC5-Cri'J'" Contract Amount Type of Work Date Completed 2. NQvypplr{ Prarl Inn /lvl� rug}� nr.� �It� Orr B.Ach GH Name and Address of owner. Mi1(e 8If16tGOr1 94q Viq-33q2 Name and Telephone Number of person fMaIpiliar with pro ect. -4$ty. 0O.— WA"ni&VgC.12(1 Co✓t�r-e rrs+o a•ilkftohml2ttgar MIX-nre—r-0f Contract Amount A�ri� Type of Work Da et Completed 3• I) �0&a rl11 1 U �rGA,rin S. Bon Vte�nue bn--, CANa a and Address of owner. M_nya 11eZ M 3g5-21.93 Name and Telephone Number of person familiar with project. QA-Call %YvIC¢S •f,, W0rr-btstvt6u•her1 d Z�y 0Z% k,v- \0O k Iva4I r•mv.rek, ad re hnn 2 Ol l— P✓25LLr1� Contract Amount Type of Work Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds from for Task Orders. Travetem Casuatty and 9o9.61t•303 celso.anutI"(aTYavelers.cbm Culbertson InsuraMe Servtcts thud- P Cut berl"sOn Bondi n9.curvt 9t4 921. 0530 6500 9. Santa Mna CAnvon Vt a.l C 2ot . A.tnaheim CA cl,-SM'I ttU6 IOternatrorlal °I49•1023• loyl Wmberiy.shtPpeyra hubtnternatlonal.co� tMUMMC Co-. 4695 MacArthur Court, Nevaport BeaGh,CA 92-1o60 City of Santa Ana RFP 20-106 25KYe97 2b Addendum No. 2 Page 6 of 6 REFERENCES. (CONTINUED) The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past five years. _L'h i5S0 � Namandp� yAmnt . b St. Pieaunnov t G/k Name and Telephone Number of person familiar with project. 11�1q,50u- hllil an inglagvd 2vauttS 5 1I-202?) Contract Amount Type of Work Date Completed 2. (_t+y n F IAlhltf=4 1323a Py.vtn Sfi•.' W In �I l c vi GA Name and Address of owner. Tim Q %\J A-rd - TA 141 xrd In 6 BSI 3 6 t�' S-I 1� Name and Telephone Number of person familiar with project. b t53,b1(o III Ins SF g"Cpn(xe+'e- nA IL 10 (4 7-3-2-011 Contract Amount Type of Work Date Completed 3• %tky ok An&htouv-. 'l, n S Anah-eiw f luT nA M� Name and Address of owner. `oli _(ray-F[.n 1H t4s-Karr) Name and Telephone Number of person familiar with project. s �i2Q wakrrun�ker vkol�- rehab�lttabov) 3 22-ZC12LL Contract Amount Type of Work Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds from for Task Orders. frrvtltrs Casuckl" and Sort" CotnpA" one TDWtV siloA,r�e, **-rt-ford, C--C 51 ehj- Anq b12-3('s-3 (itso• GgKULIA-'(-A t-c&VCICES. C�rrl CVIbL✓tSDn Insvva-rice e-1vtc-es s-soo e, 5M+7L Ana 6yn Rd..j"Afn,.6 $�r�lnQ �Jeni -11K a21t53D (,"Q LUlber+SQnbnncln�.coe rn B In+-ernatienal Htoas nno-c Ar•rkL/V- Gt, nlBvJpnrr (itch, �fF laxUrGldlG-P co, gLlA IA?3-tt7Nt K r,bCrly•sK,r AKvbintGrevoitonal.coyy City of Santa Ana RFP 20-106 25d"W' 21 Alcorn F-i�-ncf Commay REFERENCES. (CONTINUED) Addendum No. 2 Page 6 of 6 The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past five years. 1. C -I F Qrkvq e 3 g GasF Name and Address of Owner. 2. Name and Telephone Number of person familiar with project. t'b I xn'yrowdt d lyl�li l (rudrAra'l Jyly Contract Amount Type of Work Date Completed owner. Name and Telephone Number of person familiar with project. 4 IS, 12 O . - QYOVIAC j �aiAll Z$D' %'A ?V/ knr! July 20 l q Contract Amount Type of Work Date Completed of owner. 'frrlG t`i%l r-ls%£.✓1 Sr Name and Telephone Nun �i22(0, 2 to Contract Amount VN ? of person familiar with project. i'rovide 4, Instal I qti I2 (ru�fs �- �✓v{ �.pfi - 2 D2l7 Type of Work Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds from for Task Orders. N / Pk — 0,lre0, pr0vt0(-eA City of Santa Ana RFP 20-106 2 5 AgeA§28 22 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the CONTRACTOR declares that the this Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the CONTRACTOR has not directly or indirectly induced or solicited any other CONTRACTOR to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any CONTRACTOR or anyone else to put in a sham Proposal, or that anyone shall refrain from submitting a Proposal; that the CONTRACTOR has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Fee Proposal costs of the CONTRACTOR or any other CONTRACTOR, or to fix any overhead, profit, or cost element of the Fee Proposal, or of that of any other CONTRACTOR, 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 Proposal are true; and, further, that the CONTRACTOR has not, directly or indirectly, submitted his or her Proposal 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, Proposal depository, or to any member or agent thereof to effectuate a collusive or sham Proposal. Note: The above Non -collusion Affidavit is part of the Proposal. CONTRACTORS are cautiorrihat mak' g a fals certification may subject the certifier to criminal prosecution. Signed �_A U \_ �) (1 J ` Timothy F-oIerts,FrCsidcnt -'t.E.Kober ts,lnc. State of California County of bYa— n` �— Subscribed and s om tq _ (or affirmed) before me on this 1114hday of LCfal,2 by —� proved tome on the basis of satisfactory evidence to be the person(s) who appeared befor me hvv�, ��4 I uAAA, Notary Public Signature Notary Public Seal See aq oW z3 CALIFORNIA JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Or -A 9t,'- ) Subscribed and sworn to (or affirmed) before me on this I aVtl day of 20 /� , by I1 fi'1nih,,1 kilo ,V t proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. KIM E. NEWETT COMM. #2228431 z � �-�� Nolary Public -California p z� Orange County M Comm. Ex fires Feb. 7, 2022 (Seal) Signature JZJ�4 - � Optional Information Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of thisjurat to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document This certificate is attached to a document titled/for the purpose of containing pages, and dated Method of Affiant Identification Proved to me on the basis of satisfactory evidence: O form(s) of identification O credible witness(es) Notarial event is detailed in notaryjournal on: Page # Entry # Notary contact: Other ❑ Affiant(s) rhumbprint(s) ❑ Describe: 0 Copyright 2002-2017 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0502, AI: 3"75G _ 111 1mher 101884. Please contact your Authorized Reseller to purchase copies of this form. NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this Proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her Proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subr ' ients shall c7tfFiandisclose accordingly. Signed: Timothy Rabert5 Title: rff51dent Finn: T. 2, Kobe, its Inc. Date: I 0-1 a -1-020 NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 21& 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, ex e t as provided in Section 1420, and any contractor of public works violating is Se is su ' ct to 1 the penalties imposed for a violation of the Chapter. Signed: TiM.Thy Robs s Title: CVCSident Finn: T.L. goberts Inc. Date: q,20" City of Santa Ana RFP 20-106 25%f.I-jl vo104 '2�-I STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned CONTRACTOR is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the C renti ship C ncil. Signed: j Tl Mothy obelts Title: PfZSideYlt Firm: T.E. Kobe rts1lnc. Date: I o - % /7X1,0 m STATEMENT REGARDING "ANTI -KICKBACK" REOUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited inducing, by any means, any person employed in the construction or repair of p is to give up an of the compensation to which he/she is otherwise entitled. Signed: Trmothy Ra uts Title: Pre S ci en t Firm: T. 906ertS,�nc. Date: 10-IN 110,210 2I PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the CONTRACTOR shall complete, under penalty of perjury, the following questionnaire: Has the CONTRACTOR, any officer of the CONTRACTOR's organization, or any employee of the CONTRACTOR's Company who has a proprietary interest in the CONTRACTOR, ever been disqualified, removed, or otherwise prevented from proposing/bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No `/ If the answer is yes, explain the circumstances in the following space. N/A 107 30 STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned CONTRACTOR, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: http://www.santa-ana.org/t)waldocuments/CWA.L)d The undersigned CONTRACTOR hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, CONTRACTOR will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. Public Works Construction Permit: The Contractor may be required to obtain a Public Works Construction Permit if the CWA thresholds for a Task Order are met or exceeded as described in this RFP's Section III.E "Licenses & Permits." The undersigned has reviewed and understands that a Public Works Construction Permit for CWA administration fees and deposit that may be required as described in this RFP's Section III.E "Licenses & Permits." Signed: Q�� nm%th,t Roberts Title: president Firm: T. C,._Kober+s, 1nc. Date: I0- q-Zfl2h XJ 31 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Phil Bacerta Nelida Mendoza David Peneloza Vicente Sarmiento Jose Solorio CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 M-22 Santa Ana, California 92702 www.santa-ana.om October 12, 2020 ADDENDUM TWO CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez SUBJECT: RFP NO. 20-106: ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES The following changes/clarifications have been made to the above Request for Proposal: 1. The new Bid Closing Date is: Tuesday, October 20, at 11:00 am (both electronic and hard copy); 2. The new deadline for questions and clarifications is: Thursday. October 16, 2020. 3. Six Pages of the RFP have been replaced: The Cover Page, Notice Inviting Proposals, Page 14 and Page A1-3, Al-27 and Al-28, see attached. 4. Clarifications: a. There is NO BID BOND REQUIRED FOR THIS SUBMITTAL --see updated RFP No. 20-106 (including replaced pages). b. This project is unique as an RFP for On -call Construction/Repair Services for the City on an As -needed, On -call and Emergency basis. c. The Separate FEE PROPOSAL information is mainly for comparison/evaluation purposes along with the schedule of rates per firm as required in the RFP. d. For work required, companies will be asked for a specific quote from each of the qualified firms with agreements per category. Following a comparison of each on -call or emergency service repair quote received, the City will issue a Notice to Proceed on a Task Order basis, as required. All other terms and conditions of the RFP remain unchanged. Any additional Monica M. Suter Senior Civil Engineer Attachment: Addendum No. 2 SANTA ANA CITY COUNCIL 32 Miguel A. PAW Juan Villages Vicente sarniento David Penalnaa Jose solodo Phil Bacerta Nelide Mendou Mayor Mayor one Tern, Word 5 Were Ward Ward4 Wand mpulldo0santa-ena ora i 11marAmma-ana oraysanlientaoMsanta-ana.oro W[ isolono®santa-ana or pEacerra®sanla-ana oro nmendoa®santaana and MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Phil Bacerra Nelida Mendoza David Peneloza Vicente Sanniento Jose Solorio CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 M-22 Santa Ana, California 92702 w .santa-ana.oro October 6, 2020 ADDENDUM ONE CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez SUBJECT: RFP NO. 20-106: ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES The following changes/clarifications have been made to the above Request for Proposal: 1. QUESTIONS/ANSWERS QUESTION #1: This question is in regards to license requirements. PlanetBids description states... "Class (A, C- 8 or C34)." RFP page 2 of 55 states in bold "Class (A or C34 & C-10). Which would be the correct requirement? ANSWER: Class (A, C-8 or C34). See attached Addendum #1 where Page 2 of the RFP is replaced with the attached with the only update to clarify the licenses required. All other terms and conditions of the RFP remain unchanged. If you have any further questions, please post on Planetbids. Monica M. Suter Senior Civil Engineer Attachment: Addendum No. 1 SANTA ANA CITY COUNCIL Miguel A. Pulido Juan Villegas Vicente Sarmiento DaVd Penaloza Jose Solono Phil Badena Nelide Mendoza Mayor Mayor Pro Tem. Ward 5 Wan)1 n W. 2 Ward3 WarJ4 WaN6 mpulidoQwta-ana. oM-NIIBaasdsaMa-ana oro ysanlllento0aanta-ana ora` nt $o orlo�5amd-ana.ola Dpacenag%l anl8-ana.ora nmamdozar®santa-ana Ara 33 BEWARE FEE PROPOSAL FOLLOWS Only one attachment available on Planet Bids, can not attached a separate file as instructed. 25G-111 QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER) For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I.A. "Nature of Work." Sample Task Orders for Asphalt Concrete and Concrete roadway and sidewalk and Stormdrain public right-of-way related work are, respectively: Sample Task Order A - Asphalt Concrete Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 CY 220 — 12.1 1 000,E 2 AC Pavement 130 TN 3,to , 44 200.' 3 Furnish and Install #6 Pullbox 4 EA I l D • -1 $D" 4 Adjust Manhole to Finished Grade 5 EA 1 L 15__ 5 PCC Curb and Gutter (Type A-2-8 100 LF 6 Signing and Striping 1 LS I S-70.' 9D.� 7 Traffic Control Work ] LS 5 D00,' 0 Sample Task Order B - Concrete Paving Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 Cy 22D - 121 000,' 2 PCC Sidewalk T=4" 2,500 SF 3 PCC Curb Ramp 3,000 SF 2 j{ - 8 -70 DO.- 4 PCC Curb and Gutter (Type A-2-8 100 LF 5 S D. 5 Furnish and Install #6 Pullbox 4 EA I -1-1 D 6 Adjust Manhole to Finished Grade 5 EA 1 2 SO' (,2 S'0 ' 7 Catch Basin (Type `B," W=10' 1 EA 2 I D� 12 t$ U.- 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF '-1 ot0 r 3 S 9 Guard Rail Replacement Caltrans RSP A77N4 50 LF b p 10 Guard Rail Replacement Termination Caltrans 1 EA -I 11 Remove and Replace Chain Link R/W Fence 50 LF k,2� f) 12 F Concrete Barrier Type 836 Caltrans 50 LF 13 Traffic Control Work I LS S DOO S' 00 C.- City of Santa Ana RFP 20-106 25d-1 Sample Task Order C - Stormdrain Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy 22D if -I, Ow, 2 AC Pavement 130 TN 34 D 3 Remove and Replace 18" Corrugated Metal Pipe CMP 75 LF 31 275 4 1 Remove and Replace 18" Reinforced Concrete Pie(RCP 75 3 1Z 6. 2191zs 5 Remove and Replace 30" Reinforced Concrete Pipe (RCP) 75 LF It Tq. b6 ar5 6 Catch Basin gype `B," W=10' 1 EA l2 Oco - 12 Door 7 Traffic Control Work 1 LS s 0 0o �, s, 0 op. SURETY BOND For each Task Order Issued by Public Works Agency, the City may or may not require the Contractor to provide cash deposit or surety "Payment" and "Performance" bond. Depending upon the size, nature and risk of the work, the City may use the amounts specified by the "Greenbook," surface drainage or street improvement plan measurements, or the approved itemized cost for each On -call or Emergency Task Order to calculate bond amounts, if any. Task Order work shall be per the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. If required for a Task Order, the cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however. Bid Bonds shall not be required at the time of the submittal of RFP Proposal. For Task Orders, the City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. If so, the cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. CONTRACTOR RESPONSIBLITIES Contractor must be able to respond to City's request for emergency repair work on a timely and urgent manner. The contractor shall be available on an on -call basis, 24/7, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-8 or C34) Contractor's license and'a City of Santa Ana Business License. City of Santa Ana RFP 20-106 25da!l I I HOURLY RATE SCHEDULES T.E. Roberts, Inc. and Structures Unlimited «P Ro� berts INCORPORATED 10/19/2020 City of Santa Ana On -Call Emergency Asphalt Concrete, Concrete and Storm Drain Repair Services President -Timothy Roberts Project Managers -Justin Roberts, Gilbert Hartwell Superintendents- Dave Pope, Dave Klein, Bob Hartwell, Francisco Romero, Javier Magana, Tom Zimprich Hourly Straight Time Hourly LABOR Rates EQUIPMENT Rates Project Manager $135.25 Large Excavator $121.00 Superintendent -Op Eng Gr 8 $132.00 Medium Excavator $110.00 Foreman -Operating Engineer Gr 8 $127.12 Small Excavator $99.00 Foreman -Laborer Group 5 $108.92 Back Hoe $46.20 Operator- Operating Engineer Gr 8 $122.25 Air Compressor w/JH $22.00 Laborer- Laborer Group 1 $100.80 Dump Truck/Super 10 $49.50 Pipe layer- Laborer Group 4 $105.11 Pickup Truck or Van $27.50 Welder- Laborer Group 5 $105.67 Crew Truck $33.00 Teamster- Teamster Group 3 $97.35 Flatbed Truck $27.50 Bed Trailer $49.50 Materials cost plus 15% Truck and Pup $82.50 Bonds -if required 1.5% of total Water Truck $38.50 SUBCONTRACTORS Cost plus 10%for Sweeper $79.20 Structures Unlimited -concrete structures first $5,000, then Wheel Loader $60.50 Skip Loader $44.00 Skid Steer/Bobcat $44.00 Asphalt Zipper $88.00 Arrowboard $16.50 25G-114 EXHIBIT C QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER) For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I.A. "Nature of Work." Sample Task Orders for Asphalt Concrete and Concrete roadway and sidewalk and Stormdrain public right-of-way related work are, respectively: Sample Task Order A - Asphalt Concrete Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 CY 220 — 12.1 1 000,E 2 AC Pavement 130 TN 3,to , 44 200.' 3 Furnish and Install #6 Pullbox 4 EA I l D • -1 $D" 4 Adjust Manhole to Finished Grade 5 EA 1 L 15__ 5 PCC Curb and Gutter (Type A-2-8 100 LF 6 Signing and Striping 1 LS I S-7D.- 7 Traffic Control Work ] LS 5 DDD,' 0 Sample Task Order B - Concrete Paving Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 Cy 22D - 121 000,' 2 PCC Sidewalk T=4" 2,500 SF 3 PCC Curb Ramp 3,000 SF 2 j{ - 8 -70 DO.- 4 PCC Curb and Gutter (Type A-2-8 100 LF 5 S D. 5 Furnish and Install #6 Pullbox 4 EA I -1-1 D ' 6 Adjust Manhole to Finished Grade 5 EA 1 2 SO' (,2 S'0 ' 7 Catch Basin (Type `B," W=10' 1 EA 2 I D� 12 t$ U.- 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF '-1 ot0 r 3 S 9 Guard Rail Replacement Caltrans RSP A77N4 50 LF b p 10 Guard Rail Replacement Termination Caltrans 1 EA -I 11 Remove and Replace Chain Link R/W Fence 50 LF k,2� f) 12 F Concrete Barrier Type 836 Caltrans 50 LF 13 Traffic Control Work I LS S DOO S' 00 C.- City of Santa Ana RFP 20-106 25d-1 ild Sample Task Order C - Stormdrain Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy 22D if -I, Ow, 2 AC Pavement 130 TN 34 D 3 Remove and Replace 18" Corrugated Metal Pipe CMP 75 LF 31 275 4 1 Remove and Replace 18" Reinforced Concrete Pie(RCP 75 3 1Z 6. 2191zs 5 Remove and Replace 30" Reinforced Concrete Pipe (RCP) 75 LF It Tq. b6 ar5 6 Catch Basin gype `B," W=10' 1 EA l2 Oco - 12 Door 7 Traffic Control Work 1 LS s 0 0o �, s, 0 op. SURETY BOND For each Task Order Issued by Public Works Agency, the City may or may not require the Contractor to provide cash deposit or surety "Payment" and "Performance" bond. Depending upon the size, nature and risk of the work, the City may use the amounts specified by the "Greenbook," surface drainage or street improvement plan measurements, or the approved itemized cost for each On -call or Emergency Task Order to calculate bond amounts, if any. Task Order work shall be per the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. If required for a Task Order, the cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however. Bid Bonds shall not be required at the time of the submittal of RFP Proposal. For Task Orders, the City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. If so, the cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. CONTRACTOR RESPONSIBLITIES Contractor must be able to respond to City's request for emergency repair work on a timely and urgent manner. The contractor shall be available on an on -call basis, 24/7, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-8 or C34) Contractor's license and'a City of Santa Ana Business License. City of Santa Ana RFP 20-106 2 5 da!l 4 6 HOURLY RATE SCHEDULES T.E. Roberts, Inc. and Structures Unlimited «P Ro� berts INCORPORATED 10/19/2020 City of Santa Ana On -Call Emergency Asphalt Concrete, Concrete and Storm Drain Repair Services President -Timothy Roberts Project Managers -Justin Roberts, Gilbert Hartwell Superintendents- Dave Pope, Dave Klein, Bob Hartwell, Francisco Romero, Javier Magana, Tom Zimprich Hourly Straight Time Hourly LABOR Rates EQUIPMENT Rates Project Manager $135.25 Large Excavator $121.00 Superintendent -Op Eng Gr 8 $132.00 Medium Excavator $110.00 Foreman -Operating Engineer Gr 8 $127.12 Small Excavator $99.00 Foreman -Laborer Group 5 $108.92 Back Hoe $46.20 Operator- Operating Engineer Gr 8 $122.25 Air Compressor w/JH $22.00 Laborer- Laborer Group 1 $100.80 Dump Truck/Super 10 $49.50 Pipe layer- Laborer Group 4 $105.11 Pickup Truck or Van $27.50 Welder- Laborer Group 5 $105.67 Crew Truck $33.00 Teamster- Teamster Group 3 $97.35 Flatbed Truck $27.50 Bed Trailer $49.50 Materials cost plus 15% Truck and Pup $82.50 Bonds -if required 1.5% of total Water Truck $38.50 SUBCONTRACTORS Cost plus 10%for Sweeper $79.20 Structures Unlimited -concrete structures first $5,000, then Wheel Loader $60.50 Skip Loader $44.00 Skid Steer/Bobcat $44.00 Asphalt Zipper $88.00 Arrowboard $16.50 25G-117 EXHIBIT 3 AGREEMENT TO PROVIDE ON -CALL CONSTRUCTION REPAIR SERVICES THIS AGREEMENT is made and entered into this Ist day of December, 2020 by and between Paulus Engineering, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City") RECITALS A. On September 22, 2020, the City issued Request for Proposal No. 20-106, by which it sought qualified contractors to provide on -call asphalt pavement, concrete pavement, and stormdrain repair services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 20-106 and addenda thereto. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 20-106 and addenda thereto, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four contractors selected to provide services on an on -call basis under RFP No. 20-106 and addenda thereto. The total compensation for any services provided by the contractors selected under RFP No. 20-106 shall not exceed the shared aggregate amount of $900,000 during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of Page 1 of 8 25G-118 performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on November 30, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Page 2 of 8 25G-119 Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled Page 3 of 8 25G-120 or reduced in coverage or changed in any other material aspect, by contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages,just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. Page 4 of 8 25G-121 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana Page i of S 25G-122 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Paulus Engineering, Inc. 2871 East Coronado Street Anaheim, CA 92806 Attn: Jason Paulus, President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any patty, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Page 6 of 8 25G-123 Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 8 25G-124 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney J hn M. Funk Assistant City Attorney FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR Paulus Engineering, Inc. Na : Jason Paulus Title: President Pa,,e 8 of 8 25G-125 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES RFP NO.: 20-106 The City of Santa Ana (City) desires to enter into an agreement with a qualified construction company for the repair of roadway asphalt concrete and concrete, underground, storm drain, and/or other infrastructure within the public right of way (with the exception of water and sanitation systems) that may experience failures within the term of the agreement on an on -call and emergency work for general improvements, on an as needed, Task Order basis. Ancillary related work includes, but is not limited to, occasional replacement traffic pavement markings and sign replacements and related support services and paid for as described in Section I.A. "Nature of Work." The purpose of this request for proposals is to obtain qualified construction firms to augment the City's capacity to perform emergency roadway and storm drain repair water service in the event of system failures. The scope of work will vary per Task Order within the public right-of-way. It may include, but not be limited to, the procurement and/or removal of materials, excavation, installation, backfill, compaction, grading, sidewalk and paving, curb and gutter, fencing, guardrail, barrier, catch basins, removing and/or replacing pipe and related appurtenances, conduits, wiring, and pavement markings, signs, sign posts and miscellaneous other street furniture, and repairing various items within the public right-of-way, traffic control, mobilization, compliance with this agreement and all other work necessary to complete on -call emergency Task Orders specified per incident. The work completed shall be in compliance with the City's Standard Plans, Caltrans Standard Plans and the "Greenbook" and Caltrans' Standard Specifications and as specified in this agreement. Work shall also be in compliance with the City's Standard Plan No. 1160, "Street Work and Utility Permit General Provisions." City of Santa Ana RFP 20-106 256=`1111216 QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER) For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I.A. "Nature of Work." Sample Task Orders for Asphalt Concrete and Concrete roadway and sidewalk and Stormdrain public right-of-way related work are, respectively: Sample Task Order A - Asphalt Concrete Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 Cy 2 AC Pavement 130 TN 3 Furnish and Install #6 Pullbox 4 EA 4 Adjust Manhole to Finished Grade 5 EA 5 PCC Curb and Gutter (Type A-2-8) 100 LF 6 Signing and Striping 1 LS 7 Traffic Control Work I LS Sample Task Order B - Concrete Paving Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy 2 PCC Sidewalk (T=4") 2,500 SF 3 PCC Curb Ramp 3,000 SF 4 PCC Curb and Gutter (Type A-2-8) I oo LF 5 Furnish and Install 96 Pullbox 4 EA 6 Adjust Manhole to Finished Grade 5 EA 7 Catch Basin (Type `B," W=10' ) I EA 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 9 Guard Rail Replacement (Caltrans RSP A77N4) 50 LF 10 Guard Rail Replacement Termination (Caltrans) I EA I I Remove and Replace Chain Link R/W Fence 50 LF 12 Concrete Barrier Type 836 (Caltrans) 50 LF 13 Traffic Control Work I I LS City of Santa Ana RFP 20-106 25(;!427 Sample Task Order C - Stormdrain Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 Cy z AC Pavement 130 TN 3 Remove and Replace 18" Corrugated Metal Pipe (CMP) 75 LF 4 Remove and Replace 18" Reinforced Concrete Pipe (RCP) 75 LF 5 Remove and Replace 30" Reinforced Concrete Pipe (RCP) 75 LF 6 Catch Basin (Type `B," W=10') I EA 7 Traffic Control Work 1 LS SURETY BOND For each Task Order Issued by Public Works Agency, the City may or may not require the Contractor to provide cash deposit or surety "Payment" and "Performance" bond. Depending upon the size, nature and risk of the work, the City may use the amounts specified by the "Greenbook," surface drainage or street improvement plan measurements, or the approved itemized cost for each On -call or Emergency Task Order to calculate bond amounts, if any. Task Order work shall be per the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. If required for a Task Order, the cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Pronosal. For Task Orders, the City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. If so, the cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. Contractor must be able to respond to City's request for emergency repair work on a timely and urgent manner. The contractor shall be available on an on -call basis, 24/7, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-8 or C34) Contractor's license and a City of Santa Ana Business License. City of Santa Ana RFP 20-106 2564219 1. Street work shall be required to be performed by a licensed contractor for any and all the work in the public right of way. The contractor must provide the following prior to initiating Task Order work. a. A City of Santa Ana business license. b. A Certificate of Insurance of general liability containing requirements as set forth by the City Attorney and per the Standard Agreement. c. A Contractors license (with appropriate classification). d. Proof of Worker's Compensation Insurance. 2. Provide BMPs and/or erosion control plans for planned Task Order work unless directed otherwise by the City: 3. If required, the Contractor shall submit, for review and approval, a surface drainage/grading/erosion control plan, prepared by a registered civil engineer, showing the direction and means of flow within the street. Any Subcontractors intended to be used, shall be listed in the proposal. Any additional subcontractors that may become necessary, shall require approval by the City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. PAYMENT AND INVOICING: Selected Contractor shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10"/o) of the invoice amount from each payment until the completed Project has been accepted by the City. CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for any assigned Task Orders • All plan check coordination within the City • Construction administration • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards), if needed City of Santa Ana RFP 20-106 2562129 • Electronic files for title sheets and sheet borders, if needed DEFINITION OF ITEMS (SAMPLE TASK ORDERS A. B & Cl: The unit prices paid for the items listed in the Contractor's Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to APWA's 2012 Greenbook specifications. Each Sample Task Order's work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, ifgranted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Ordergranted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals. Sample Task Order A Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. City of Santa Ana RFP 20-106 256213'0 Item No. 3- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New 46 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Signing & Striping The work under this item for Signing and Striping shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Signing & Striping shall be at the contract Lump Sum listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, disposal of all removed materials and incidentals as required and no additional compensation will be allowed therefore. City of Santa Ana RFP 20-106 256411 Item No. 7—Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Sample Task Order B Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation Item No. 2 - PCC Sidewalk (T=4") The work under this item consists of grading, compacting subgrade, and constructing 4-inch thick PCC Sidewalk shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways," of the Standard Specifications, plans, and contract document specifications. Payment for PCC Sidewalk (T=4") shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for thickness (T=6") shall be paid 1.5 times the unit price. Item No. 3 - PCC Curb Ramp The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb Ramp shall be at the contract unit price bid per Linear Foot as listed in the Fee City of Santa Ana RFP 20-106 256412 Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New 46 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 7- Catch Basin (Type "B," W=101) The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. City of Santa Ana RFP 20-106 562133 2 Item No. 8 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 9 — Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore. Item No. 10 - Guard Rail Replacement Termination (Caltrans) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement Termination (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement Termination (Caltrans) shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail termination, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail termination, foundation preparation, and no additional compensation will be allowed therefore. Item No. 11—Remove and Replace Chain Link R/W Fence The work under this item consists of grading, compacting subgrade, and construction of foundations to support the posts for Remove and Replace Chain Link Fence and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curb, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and Section 304-3 "Chain Link Fence" of the Standard Specifications any City Standard Specifications, plans, and/or any City's Special Provisions/Contract City of Santa Ana RFP 20-106 25(124 14 Documents provided by the City for each Task Order. Payment for Remove and Replace Chain Link R/W Fence shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing chain link fence (and posts/foundations), furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 12 —Concrete Barrier Type 836 (Caltrans) The work under this item consists of grading, compacting subgrade, and removing and/or construction Concrete Barrier Type 836 (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," Caltrans Standard Specifications, any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Concrete Barrier Type 836 (Caltrans) shall be at the contract unit price bid per Lineal Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing concrete barrier or other appurtenances, furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 13 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Sample Task Order C Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. City of Santa Ana RFP 20-106 25�Y130 Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. Item No. 3 — Remove and Replace 18" Corrugated Metal Pipe (CMP) The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18" Corrugated Metal Pipe (CMP) and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 18" Corrugated Metal Pipe (CMP) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 4 — Remove and Replace 18" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction' and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 18" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 5 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. City of Santa Ana RFP 20-106 25( IlU Item No. 6- Catch Basin (Type `B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. City of Santa Ana RFP 20-106 256=1Tr Paulus Eneinecrin Inc Customer. Work Authorized by. Description Prevailing TIME & MATERIAL WORKSHEET Project Work Date: Foreman: TM N. E � F � � Vp T Jab No OTY LABOR I REG HRS OR HRSIDBLTMHRSI REG RATE I OR RATE I DBL TM RATE I REG TOTAL OR TOTAL BL TM TOTAL Laborer $ 78.42 $ 117.63 $ 156.84 $ - $ - $ - Pipelayer $ 83.72 $ 125.58 $ 167.44 $ - S - $ - Operator $ 96.59 $ 144.89 $ 193.18 $ - $ - $ Truck Driver $ 96.59 $ 144.89 $ 193.18 $ - $ - $ - Foreman $ 107.38 $ 161.07 $ 214.76 $ - $ - $ - Superintendent $ 120.58 $ 180.87 $ 241.16 $ - $ - $ - Subtotal $ $ $ Mark Up% 16% $ - $ _ $ - TOTAL $ g $ CITY BARE EQUIPMENT J AMT. I UNIT ITOTAL Cat 345 Excavator HR $ 225.00 $ - Compaction Wheel HR $ 45.00 $ - Hitachi 4001450Excavator HR $ 185.0 $ - Compaction Wheel HR $ 40.00 $ - Cat 240/330-Yutani 320 Excavator HR $ 140.00 $ - Compaction Wheel HR $ 40.00 $ - Cat 962 Wheel Loader HR $ 127.00 $ - Cat 950Wheel Loader HR $ 110.00 $ - LowbedTractor7Tra®er HR $ 95.00 $ - Cat Backhoe HR $ 88.00 $ - Compaction Wheel or Breaker HR $ 30.00 $ - Boom Truck HR $ 52.00 $ - Super 10 Dump Truck HR $ 125.00 $ - 6Wheel Dump Truck HR $ 52.00 $ - 6Wheel Flat Bed Truck HR $ 45.00 $ - Roller HR $ 65.00 S - CrewTruckwithTools HR $ 40.00 $ - Delivery Truck HR $ 35.00 $ - VeclorPumpTruck HR $ 220.D0 $ - Misc Tools Shoring Jacks - per each Day 5 13.00 $ - TrenchPlates-per each Day $ 13.00 $ - Trench Shield Day $ 158.00 $ - Manhole Shield Day $ 99.00 $ - 3"Pump w/Connectors Day $ 109.00 $ - K-Rail LF $ 18.00 $ - Generator Day $ 92.00 $ - AirCompressor Day $ 135.00 S - AlrBlovrer Day $ 70.00 $ - Confined Space Equipment Day $ 76B.00 $ , Gas Detection Equipment Day $ 69.00 $ - TraRcArrow Board Day $ 125.00 $ Traffic Barricades Day $ 2.25 $ - TrafflpCones/Dellneatom Day $ 2.25 $ - Walk Behind Vibratory Plate Day $ 81.00 $ - MiscSmallTools Day $ 76.00 $ - Subtotal $ Mark Up % 15% $ - TOTAL $ AMT I MATERIAL SUBCONTRACT, MISC I Unit I TOTAL $ $ Subtotal g Mark Up% 15% S - TOTAL $ Total Overhead f Profit TOTAL WORKSHEET $ 25G-138 Paulus Engineering, Inc. 12-Oct-20 Task Order C BID DESCRIPTION ITEM Storm Drain PAULUS QUANTITY TOTAL BID UNIT TOTAL 1 Unclassified Excavation 550 CY $45.00 $24.750.00 2 AC Pavement 130 EA $180.00 $23,400.00 3 Remove & Replace 18" CMP <8' Deep 75 EA $200.00 $15,000.00 4 Remove & Replace 18" RCP <8' Deep 75 EA $225.00 $16,875.00 5 Remove & Replace 30" RCP <8' Deep 75 EA $375.00 $28,125,00 6 Catch Basin Type W=10' 1 EA $16,000.00 $16,000.00 7 Traffic Control 1 LS $5,000.00 $5,000.00 Subtotal Storm Drain $129,150.00 TOTAL PROPOSAL $129,160.00 2 5 G -139 Task Order C EXHIBIT 4 AGREEMENT TO PROVIDE ON -CALL CONSTRUCTION REPAIR SERVICES THIS AGREEMENT is made and entered into this 1st day of December, 2020 by and between Big Ben Engineering ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 22, 2020, the City issued Request for Proposal No. 20-106, by which it sought qualified contractors to provide on -call asphalt pavement, concrete pavement, and stormdrain repair services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in REP 20-106 and addenda thereto. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in REP No. 20-106 and addenda thereto, which is attached as Exhibit A, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of four contractors selected to provide services on an on -call basis under RFP No. 20-106 and addenda thereto. The total compensation for any services provided by the contractors selected under REP No. 20-106 shall not exceed the shared aggregate amount of $900,000 during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 2G-40 Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on November 30, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Ifthe services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all 29GI141 Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. hi accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. 28G] 142 (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 28G� 43 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 29G 144 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Big Ben Engineering 4790 Irvine Blvd, #105-404 Irvine, CA 92620 Attn: Sepehr Sharifl, President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this 2- 45 Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, 2G46 permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: off4 7K" Jobfi XI. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR ".� 15 . Name: Sep Sharifi Title: President 26G 147 EXHIBIT Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES RFP NO.: 20-106 The City of Santa Ana (City) desires to enter into an agreement with a qualified construction company for the repair of roadway asphalt concrete and concrete, underground, storm drain, and/or other infrastructure within the public right of way (with the exception of water and sanitation systems) that may experience failures within the term of the agreement on an on -call and emergency work for general improvements, on an as needed, Task Order basis. Ancillary related work includes, but is not limited to, occasional replacement traffic pavement markings and sign replacements and related support services and paid for as described in Section I.A. "Nature of Work." The purpose of this request for proposals is to obtain qualified construction firms to augment the City's capacity to perform emergency roadway and storm drain repair water service in the event of system failures. DESCRIPTION OF WORK The scope of work will vary per Task Order within the public right-of-way. It may include, but not be limited to, the procurement and/or removal of materials, excavation, installation, backfill, compaction, grading, sidewalk and paving, curb and gutter, fencing, guardrail, barrier, catch basins, removing and/or replacing pipe and related appurtenances, conduits, wiring, and pavement markings, signs, sign posts and miscellaneous other street fiumiture, and repairing various items within the public right-of-way, traffic control, mobilization, compliance with this agreement and all other work necessary to complete on -call emergency Task Orders specified per incident. The work completed shall be in compliance with the City's Standard Plans, Caltrans Standard Plans and the "Greenbook" and Caltrans' Standard Specifications and as specified in this agreement. Work shall also be in compliance with the City's Standard Plan No. 1160, "Street Work and Utility Permit General Provisions." PZINIIII-i QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER) For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I.A. "Nature of Work." Sample Task Orders for Asphalt Concrete and Concrete roadway and sidewalk and Stormdrain public right-of-way related work are, respectively: Sample Task Order A - Asphalt Concrete Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 CI' 2 AC Pavement 130 TN 3 Furnish and Install 46 Pullbox 4 EA 4 Adjust Manhole to Finished Grade 5 EA 5 PCC Curb and Gutter (Type A-2-8 100 LF 6 Signing and Striping 1 LS 7 Traffic Control Work 1 I LS Sample Task Order B - Concrete Paving Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy 2 PCC Sidewalk 17=4" 2,500 SF 3 PCC Curb Ramp 3,000 SF 4 PCC Curb and Gutter (Type A-2-8 100 LF 5 Furnish and Install 46 Pullbox 4 EA 6 Adjust Manhole to Finished Grade 5 EA 7 Catch Basin (Type `B," W=10' 1 EA 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 9 Guard Rail Replacement Caltrans RSP A77N4 50 LF 10 Guard Rail Replacement Termination Caltrans 1 EA 11 Remove and Replace Chain Link R/W Fence 50 LF Concrete Barrier Type 836 Caltrans 50 LF H112 3 Traffic Control Work 1 LS K8151ly Sample Task Order C - Stormdrain Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CZ' 2 AC Pavement 130 TN 3 Remove and Replace 18" Corrugated Metal Pipe (CMP) 75 LF 4 Remove and Replace 18" Reinforced Concrete Pie(RCP) 75 LF 5 Remove and Replace 30" Reinforced Concrete Pipe (RCP) 75 LF 6 Catch Basin (Type `B," W=10' 1 EA 7 Traffic Control Work I LS For each Task Order Issued by Public Works Agency, the City may or may not require the Contractor to provide cash deposit or surety "Payment" and "Performance" bond. Depending upon the size, nature and risk of the work, the City may use the amounts specified by the "Greenbook," surface drainage or street improvement plan measurements, or the approved itemized cost for each On -call or Emergency Task Order to calculate bond amounts, if any. Task Order work shall be per the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. If required for a Task Order, the cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Proposal. For Task Orders, the City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. If so, the cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. CONTRACTOR RESPONSIBLITIES Contractor must be able to respond to City's request for emergency repair work on a timely and urgent manner. The contractor shall be available on an on -call basis, 24/7, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-8 or C34) Contractor's license and a City of Santa Ana Business License. K81sul� 1. Street work shall be required to be performed by a licensed contractor for any and all the work in the public right of way. The contractor must provide the following prior to initiating Task Order work. a. A City of Santa Ana business license. b. A Certificate of Insurance of general liability containing requirements as set forth by the City Attorney and per the Standard Agreement. c. A Contractors license (with appropriate classification). d. Proof of Worker's Compensation Insurance. 2. Provide BMPs and/or erosion control plans for planned Task Order work unless directed otherwise by the City: 3. If required, the Contractor shall submit, for review and approval, a surface drainage/grading/erosion control plan, prepared by a registered civil engineer, showing the direction and means of flow within the street. Any Subcontractors intended to be used, shall be listed in the proposal. Any additional subcontractors that may become necessary, shall require approval by the City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. PAYMENT AND INVOICING: Selected Contractor shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the REP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for any assigned Task Orders • All plan check coordination within the City • Construction administration • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards), if needed KINDIM • Electronic files for title sheets and sheet borders, if needed DEFINITION OF ITEMS (SAMPLE TASK ORDERS A. B & Cl: The unit prices paid for the items listed in the Contractor's Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to APWA's 2012 Greenbook spec cations. Each Sample Task Order's work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, ifgranted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Ordergranted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals. Sample Task Order A Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. Pz81sul� Item No. 3- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Signing & Striping The work under this item for Signing and Striping shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Signing & Striping shall be at the contract Lump Sum listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, disposal of all removed materials and incidentals as required and no additional compensation will be allowed therefore. 015161-1 Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Sample Task Order B Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation Item No. 2 - PCC Sidewalk (T=4") The work under this item consists of grading, compacting subgrade, and constructing 4-inch thick PCC Sidewalk shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways," of the Standard Specifications, plans, and contract document specifications. Payment for PCC Sidewalk (T=4") shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including famishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for thickness (T=6") shall be paid 1.5 times the unit price. Item No. 3 - PCC Curb Ramp The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb Ramp shall be at the contract unit price bid per Linear Foot as listed in the Fee K81511l1-i Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including famishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 7- Catch Basin (Type `B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. K8151111-i Item No. 8 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 9 — Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore. Item No. 10 - Guard Rail Replacement Termination (Caltrans) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement Termination (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement Termination (Caltrans) shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail termination, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail termination, foundation preparation, and no additional compensation will be allowed therefore. Item No. 11— Remove and Replace Chain Link R/W Fence The work under this item consists of grading, compacting subgrade, and construction of foundations to support the posts for Remove and Replace Chain Link Fence and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curb, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and Section 304-3 "Chain Link Fence" of the Standard Specifications any City Standard Specifications, plans, and/or any City's Special Provisions/Contract KINIIII-i Documents provided by the City for each Task Order. Payment for Remove and Replace Chain Link R/W Fence shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing chain link fence (and posts/foundations), furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 12 —Concrete Barrier Type 836 (Caltrans) The work under this item consists of grading, compacting subgrade, and removing and/or construction Concrete Barrier Type 836 (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," Caltrans Standard Specifications, any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Concrete Barrier Type 836 (Caltrans) shall be at the contract unit price bid per Lineal Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing concrete barrier or other appurtenances, furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 13 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Sample Task Order C Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. K81sul� Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. Item No. 3 — Remove and Replace 18" Corrugated Metal Pipe (CMP) The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18" Corrugated Metal Pipe (CMP) and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 18" Corrugated Metal Pipe (CMP) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 4 — Remove and Replace 18" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 18" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 5 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. FP 20-106 1 Item No. 6- Catch Basin (Type `B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. PUNIIII-i EXHIBIT B T1, ° Big BenBngineeng General Conhvabi / Dene%pme.v / Pmject Manggenm.rl City of Santa Ana Attn: Project Manager Monica Suter Public Works Agency 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 Dear Ms. Suter, Big Ben Engineering has been doing business in Southern California for over 20 years. Big Ben is a General Engineering contractor specializing in wet utility pipeline construction. As a leading professional pipeline contracting company, we have the experience and knowledge you can trust to keep your project running safely, on time, and withing budget. We have completed numerous successful public and private projects to date. We are licensed, insured, bonded and adhere to all local, state and federal regulations when performing our work We currently have emergency MSA contracts with multiple cities and water districts for all their needs. In addition, we work closely with City of Santa Ana water department for numerous vault and meter replacement projects. Please see attached lift of our recent projects. Feel free to contact me with any further questions. In addition, as President of this company, I have full legal authority to bind and sign on behalf of Big Ben Engineering Inc. President 4790 IRVINR BLVD. #105-4104, IRVINP., CA 92620 PHONE: (949) 660-94011 • PAX: (949) 333-3672 25G-160 C d m c O �W 0 l0V a N N N N P P P P P P C ^ O O N N \ \ C4 N G\D \ \ M E o 0 0 0 o ei o 0 V E $ 0 0 0 8 0 S 8 0 o S o o Q r pp� $ Y�j� ^ S N v N Ci a0 W c�i t�i O 0 U Vr N Vl Ul V/ VT Vf N Vl Or V! 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C3a OQ`OG $S m pa OO Pm O Pc N o A 0 A N Z n o n o n o n o o ? ° o 0 c FL ( ID o s ? c 0 Z v G= + + O P N N N �' N c N a° p O na O ° a O O c n m fn On to N fD ' Z Z A O O T ° O S N W w ry A n r 3X0o r T °D O p z8 N ?o ? ° n p �M Z m n o `r$ m D m ' n �' A maP T o ° < n ° vp �� N' m wo 'D °� wo o °a � �° SE 3 ° 3 ° 3 = o o'er < mP c mm Zf ��� c °a m e 'm om 3m �? a �wN o s 8 S 3' 3 c ', of o°L''' I L < na aC ° �D B9 ° c m c C& a 1D "i C& P ' O �o ' ° 'D ui°t O.� 'a O. � N gg m (D sei Q. ° a > >'< °g o3 °g '� jzp �a Z c '� Z '� to c N a ° a n' ', B n n m 1° C n ID f °6 rD p �_ °< 0 w O 7 fnD v gyp? u°i S. a O. m N N N N N (n fA N N N {A N N N in N N N V V Gl P O) P N V IJ N OD V P Al O N O O P OD Al O VO OD A W P V 00 N O V O �o O N O O O N O to N V N j IJ N O O N O 8 C p O O NV pOp 8 O O OC O O co N N O V N 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 N P V N V V V OD Ol OD OD 0! co 00 ED OD w 25G-162 N � V ai C ao a �n N Vf t/T � O U J C � N y LL a � J O U o J J O LL J OD O O M p N 4 C C � y O 6 uv° G ° Y U e a r u m u $ o � N ° L W O t U d 3 a E v ° C E o E ° e n o E x o f- 3 25G-163 Appendix ATTACHMENT 3 CERTIFICATIONS • Contractor's Licensing and Registration Statement • Prevailing Wage Compliance and Monitoring Statement • Ownership Affidavit • List of Sub -contractors (If included) • References • Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification • Statement Regarding Apprenticeship Requirements • Statement Regarding "ANTI -KICKBACK" Requirements • Public Contract Code Section 10162 Questionnaire • Statement Regarding Community Workforce Agreement (CWA) Requirements CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: 174 4%Gleeri Business Address: 1/7-TO l ram; ke-e9 1 vo( #/a te `YO qi / I r v;,te Gh V62 0 Business E-Mail Address: s e D K2 ! b% a hem em F 1 neeri H c. -oust_ Telephone: gYq— y0 O -- I� O O �i U State Contractor's License No. and Class: A - 7 7 `y q ! 7 License Expiration Date: © d - a f - 02 State Dept. of Industrial Relations (DIR) Registration No.: j o O o o O 7416 6 State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: ) r<3 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm l7 / G L56, Signature of CONTRACTOR Title P les I ',ole n f (if an individual, so state) OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY SOF SANTA ANA &,4r 54 AY i , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the parry making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- partnership by: who constitute the other members of the co -partnership. CORPORATION That he is of. P fP I i d e n I ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage aga. t the City of Santa Ana or any person interested in the proposed contract, for himself or any other pe n. Signature ON CTOR Subscribed and wom to before me this � ` day of 64ab- 20 -*-a Signature of o car Administering Oath ji otary Pub ) N Muc- 8Y R CoYY.a 2184302 0 OMME "N �.�' Yr Cast E>m. Yita. t2, IOQt" Cj�y� nt�SP 20-106 LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the proposal/bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). CONTRACTOR proposes to subcontract certain portions of the work to the firms listed below: Name L.o De Z C, o H 5 I rveli"o License #/Exj . $ `f 03 S 9 DIR Reg. #/Exp. / o 0 o O 0 17 S of t) Location ( o ro H a, CA Phone 7 /Y - Y 36 - so 18 Type Of Work lr'or+u nr,;a S�r -IvW3 Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ -��z - Signature of CON CTOR Name License #/Exp. DIR Reg. #/Exp Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ 20-106 Addendum No. 2 Page 5 of 6 The following are the names, addresses, and telephone numbers for THREE public agencies for which the 4 CONTRACTOR has performed similar work within the past three years. i' 1. [_ v J ©r& K A e Wa 71Y- 7yy- 5-9-7, $/, 7/11 S`tor'" orx1h /Se• Contract Amount Type of Work 2. c�aY J I-D M: Ike M � fctie 61 l d 1 Name and Telephone Number of person familiar with pro #/• a M Y.&' ('CN .5)6 - o Contract Amount Type of Work 3. ef ; +v A flr,'t Name and Address of owner. Name and Telephone Nun I/x k Contract Amount q wa , /o4e�oao Date Completed al- 7// ;t. Date Completed of person familiar with project. to 0" (-'c r <o'-.a i✓rw I t Type of Work Ol dmd Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds from for Task Orders. AIJiA YaA erv.'ce ,1re— OR — 417y—S90 Jr"on wi Ue'1Pra/ Li�y,l; - �Y9-6o3-Yqa k PT Ih 20-106 Addendum No. 2 Page 6 of 6 REFERENCES. (CONTINUED) The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past five years. 2. t:V&e--A6tJL Qmm Jcpt„ L� „+ 10SO Lemon sr R u�re c�e�C�t q l Name and Address of Owner. HoLh 2.weAQ- 10 (qS)) &&0-'-PHly� Name and Telephone Number of person familiar with project. 21, 000 CAor .'Dram `dvucfy 5 kbuar �20,20 Contract Amount Type of Work DaLe Curfip leted Name owner. CIX O I Name and Telep one Number of person familiar with project. Contract Amount Type of Work Date Completed l lri J Qyftw�) ?�03 Z S 12) Sjv�—fi rya 4176 Name and Address of owner. Murk �n� c� �a�gi -130 ~ 7i3 Name and Telephone Number of person familiar ith project. * 110 ) o C:> S� Contract Amount Type of Work Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds from for Task Orders. y�nie k Tk:,,Azv stic�2 C--k- c-125oS 1\ 3S9 -O-iS City of Santa Ana RFP 20-106 25^ Pag e Al 7028 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the CONTRACTOR declares that the this Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the CONTRACTOR has not directly or indirectly induced or solicited any other CONTRACTOR to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any CONTRACTOR or anyone else to put in a sham Proposal, or that anyone shall refrain from submitting a Proposal; that the CONTRACTOR has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Fee Proposal costs of the CONTRACTOR or any other CONTRACTOR, or to fix any overhead, profit, or cost element of the Fee Proposal, or of that of any other CONTRACTOR, 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 Proposal are true; and, further, that the CONTRACTOR has not, directly or indirectly, submitted his or her Proposal 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, Proposal depository, or to any member or agent thereof to effectuate a collusive or sham Proposal. Note: The above Non -collusion Affidavit is part of the Proposal. CONTRACTORS are cautioned that making a false SpAification may subject the certifier to criminal prosecution. Signed State of California County of '�''— Subscribed and sworn to (or affirmed) before me on this -'*-0 day of (')hobo*- , 20 .�:§ by SQoA r Amina S N, , proved to me on the basis of satisfactory evidence to be the personal who appeared before me Notary blic Signature .� SEON0430 e a.f J0 218302 ~ORIK CCUUUM U III a � w CouCON rV M a.2o21 Notary Public Seal 20-106 NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this Proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her Proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify an ose accordingly. Signed: 1 Title: PYt S � kh I Firm: CD 1 et L Ph Date: Io- NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to al penalties imposed for a violation of the Chapter. Signed: p / Title: f Y7 l C K T Firm: Date: /0 — a `'� STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned CONTRACTOR is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Cove% Signed: Title: (�� iplca t Firm: Date: 10— IT- � ��� STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any of the compensation to which he/she is otherwise entitled. Signed: jJ 1 Title: Firm: Date: PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the CONTRACTOR shall complete, under penalty of perjury, the following questionnaire: Has the CONTRACTOR, any officer of the CONTRACTOR's organization, or any employee of the CONTRACTOR's Company who has a proprietary interest in the CONTRACTOR, ever been disqualified, removed, or otherwise prevented from proposinglbidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space 20-106 STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned CONTRACTOR, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: hhtt •//www santa-ana.orgJt)wa/documents/CWA.ndf The undersigned CONTRACTOR hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, CONTRACTOR will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. Public Works Construction Permit: The Contractor may be required to obtain a Public Works Construction Permit if the CWA thresholds for a Task Order are met or exceeded as described in this RFP's Section III.E "Licenses & Permits." The undersigned has reviewed and understands that a Public Works Construction Permit for CWA administration fees and deposit that may be required as described in this RFP's Section IME "Licenses & Permits." Signed: Title: Pies i`UPK -f / Finn: I e @ ph / A � Date: /L) �� �' �[ o M QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER) For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I.A. "Nature of Work." Sample Task Orders for Asphalt Concrete and Concrete roadway and sidewalk and Stormdrain public right-of-way related work are, respectively: Sample Task Order A - Asphalt Concrete Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 Cl' 0 6-O. b o Y y 27 u 2 AC Pavement 130 TN -f f0. O D I j ( 70­0 3 Furnish and Install #6 Pullbox 4 EA $ b'00 , 0 0 rV 0 O 4 Adjust Manhole to Finished Grade 5 EA 99"0.0 o q. 760 5 PCC Curb and Gutter (Type A-2-8 100 LF 70. 0 C? � '( 00'0 6 Si nip and Striin I LS 13,00o S¢ 00'J 7 Traffic Control Work 1 I LS I tZS-o -0 2 5 0 0 Sample Task Order B - Concrete Paving Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy SO.O-J 927 500 2 PCC Sidewalk T=4" 2,500 SF I R. 0 0 -0Q 00 0 3 PCC Curb Ramp 3,000 SF 1 S 00 4(5-, 0 0 0 4 PCC Curb and Gutter (Type A-2-8) 100 LF q0, 0 a Ct tJ/ 0 0 5 Furnish and Install #6 Pullbox 4 EA 500. 00 O 0 0 6 Adjust Manhole to Finished Grade 5 EA SO. o 0 S�D 7 Catch Basin a `B," W=10' 1 EA 4 5, 0 0 0 .01 S n O J 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 250. 0 0 1 1 g 7 5-0 9 Guard Rail Replacement Caltrans RSP A77N4 50 LF lop. 0 D 0 Oo-0 10 Guard Rail Replacement Termination Caltrans 1 EA 00 v, o0 0 0-0 11 Remove and Replace Chain Link R/W Fence 5o LF o0 7 5-0 12 Concrete Barrier Type 836 Caltrans 50 LF , ! 0 0 50,000 13 Traffic Control Work I LS f2i S O-D ft:M91b 2 P ZU-1 U(i Addendum No. 2 Page 4 of 6 Sample Task Order C - Stormdrain Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy $0, 0 27 Sou 2 AC Pavement 130 TN ik70 0 3 Remove and Replace 18" Corrugated Metal Pipe (CMP) 75 LF 19.79 4 Remove and Replace 18" Reinforced Concrete Pie RCP 75 LF 2 7S. oP q0 5 Remove and Replace 30" Reinforced Concrete Pipe (RCP)75 LF il dw5- 6 CatchBasin T e'B,"W=10' 1 EA ��00 7Traffic Control Work I LS 50 0 �, S SURETY BOND For each Task Order Issued by Public Works Agency, the City may or may not require the Contractor to provide cash deposit or surety "Payment" and "Performance" bond. Depending upon the size, nature and risk of the work, the City may use the amounts specified by the "Greenbook," surface drainage or street improvement plan measurements, or the approved itemized cost for each On -call or Emergency Task Order to calculate bond amounts, if any. Task Order work shall be per the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. If required for a Task Order, the cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Proposal. For Task Orders, the City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. If so, the cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. CONTRACTOR RESPONSIBLITIES Contractor must be able to respond to City's request for emergency repair work on a timely and urgent manner. The contractor shall be available on an on -call basis, 24/7, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-8 or C34) Contractor's license and a City of Santa Ana Business License. M MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Phil Bacena Nelida Mendoza David Peneloza Vicente Sarmiento Jose Solorlo CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 M-22 Santa Ana, California 92702 w .santa-ana.oro October 6, 2020 ADDENDUM ONE CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez SUBJECT: RFP NO. 20-106: ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES The following changes/clarifications have been made to the above Request for Proposal: 1. QUESTIONS/ANSWERS QUESTION #1: This question is in regards to license requirements. PlanetBids description states... "Class (A, C- 8 or C34)." RFP page 2 of 55 states in bold "Class (A or C34 & C-10). Which would be the correct requirement? ANSWER: Class (A, C-8 or C34). See attached Addendum #1 where Page 2 of the RFP is replaced with the attached with the only update to clarify the licenses required. All other terms and conditions of the RFP remain unchanged. If you have any further questions, please post on Planetbids. Monica M. Suter Senior Civil Engineer Attachment: Addendum No. 1 SANTA ANA CITY COUNCIL Miguel A Pulido Juan Villages Vicente Samsento ev' QI Jose solodo Phil Bacena Nelida Mend= Mayor Mayor Pm Tem, Ward 6 Ward 1 2 5 — r(7 Ward 3 Ward 4 Ward 6 moulidoftsante-ana.om iri0eaasd9santeane.am vsarmientodAsanm-ana.om d za salRe.ena o laolorb®santaana.om Pbacenafalsenla-ana.ora nmendozallsaanta-ana.am Addendum No. 1 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for: On -Call Emergency Asphalt Concrete Concrete and Storm Drain Repair Services Responses to this Request for Proposals (RFP) will be accepted until Tuesday, Oct 13, 2020, at 11:00:59 a.m. The successful Proposer must possess or obtain a valid California Class (A or C34 & C-8) Contractor's license prior to the award of contract. Responses to this Request for Proposals (RFP) must be submitted electronically to the P1anetBids system no later than: Tuesday Oct 13, 2020, at 11:00:59 a.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES RFP NO.20-106 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Project Manager Monica Suter Public Works Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 NOTE: The FEE PROPOSAL shall be included within a separate sealed envelope within the same hard copy submitted Fnr fi,rrher instructions regarding hard copv submission proposals, refer to All notifications, requests for information, updates and addenda will be posted online on PlanetBids at httys://www.planetbids.com/i)ortal/i)ortal.cfm?CompanylD=20137 Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. a Ana RFP P�� MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villages COUNCILMEMBERS Phil Bacerra Nelida Mendoza David Peneloza Vicente Sarmiento Jose Solono CITY OF SANTA ANA 20 Civic Center Plaza a P.O. Box 1988 M-22 Santa Ana, California 92702 www.santa-ana.oro October 12, 2020 ADDENDUM TWO CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez SUBJECT: RFP NO. 20-106: ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES The following changes/clarifications have been made to the above Request for Proposal: 1. The new Bid Closing Date is: Tuesday, October 20, at 11:00 am (both electronic and hard copy); 2. The new deadline for questions and clarifications is: Thursday, October 15, 2020. 3. Six Pages of the RFP have been replaced: The Cover Page, Notice Inviting Proposals, Page 14 and Page Al-3, Al-27 and Al-28, see attached. 4. Clarifications: a. There is NO BID BOND REQUIRED FOR THIS SUBMITTAL --see updated RFP No. 20-106 (including replaced pages). b. This project is unique as an RFP for On -call Construction/Repair Services for the City on an As -needed, On -call and Emergency basis. c. The Separate FEE PROPOSAL information is mainly for comparison/evaluation purposes along with the schedule of rates per firm as required in the RFP. d. For work required, companies will be asked for a specific quote from each of the qualified firms with agreements per category. Following a comparison of each on -call or emergency service repair quote received, the City will issue a Notice to Proceed on a Task Order basis, as required. All other terms and conditions of the RFP remain unchanged. Any additional Monica M. Suter Senior Civil Engineer Attachment: Addendum No. 2 SANTA ANA CITY COUNCIL Miguel A. Pulido Juan Villages Vicente Samtedo =vitl g Jose solone Phil saoerra Nelda Mandou Mayor Mayor Pro Tam, Wed 5 WedI 5 R ry Ward Wanda Ward moulldoReante-ane.om Iyllleaaa®aantaana.ora n aza 8 a- a laolmlonsanta-ana.ora nmandozad batch-ana.am Addendum No. 2 Page 1 of 6 REQUEST FOR PROPOSALS (RFP) FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES RFP NO.: 20-106 CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Monica M. Suter, PE, TE, PTOE Project Manager for Release: Edwin "William" Galvez City Engineer Public Works Agency UPDATED KEY RFP DATES (Subiect to chance at discretion of Ci Advertisement/Issue Date: Tuesday, Sept 22, 2020 Deadline for Requests for Information: Thursday, Oct 15, 2020 Pre -Proposal Meeting (optional): There is no scheduled meeting Proposal Due Date: Oct 20, 2020, 11:00:59 am Projected Award Date (Anticipated): December 1, 2020 c�� 5GAt4 P 20-106 Addendum No. 2 Page 2 of 6 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for: On -Call Emergency Asphalt Concrete Concrete and Storm Drain Repair Services Responses to this Request for Proposals (RFP) will be accepted until Tuesday. Oct 20, 2020, at 11:00:59 a.m. The successful Proposer must possess or obtain a valid California Class (A or C34 & C-8) Contractor's license prior to the award of contract. Responses to this Request for Proposals (RFP) must be submitted electronically to the P1anetBids system no later than: Tuesday Oct 20, 2020, at 11:00:59 a.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailej or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORM DRAIN REPAIR SERVICES RFP NO.20-106 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Project Manager Monica Suter Public Works Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 NOTE: The FEE PROPOSAL shall be included within a separate sealed envelope within the same hard copy submitted For further instructions regarding hard copy submission proposals, refer to PlanetBids. All notifications, requests for information, updates and addenda will be posted online on P1anetBids at https://www.planetbids.com/portal/portal.cfin?CompanylD=20137 Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. CitYRr R Addendum No. 2 Page 3 of 6 • Public Contract Code Section 10162 Questionnaire • Statement Regarding Community Workforce Agreement (CWA) Requirements V. PROPOSAL REVIEW (CONTRACTOR SELECTION) A. EVALUATION AND RATING Refer to SECTION I.C. B. SELECTION The committee may or may not interview the top ranking proposers. The City will recommend award of the agreement to the proposers who will provide the best quality and value to the City. City reserves the right to begin negotiations and enter into an agreement without interview or further discussions. VI. AWARD OF AGREEMENT A. REOUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Executive Director will recommend award of an agreement to the proposer providing the best quality and value to the City. B. EXECUTION OF AGREEMENT A standard agreement is included as Attachment 2: Standard Agreement in the Appendix of this RFP. "Proposer" will hereinafter be referred to as "Contractor" in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required insurance and documents and contents of the vendor registration and payment information packet have been received and approved. VII. IMPLEMENTATION NOTICE TO PROCEED A formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved. VIII. PUBLIC RECORDS All responses to the RFP shall become property of the City, and proposals will become public record after award of agreement. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Sa 4TdW 06 EXHIBIT C QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER) For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I.A. "Nature of Work." Sample Task Orders for Asphalt Concrete and Concrete roadway and sidewalk and Stormdrain public right-of-way related work are, respectively: Sample Task Order A - Asphalt Concrete Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 Cl' 0 6-O. b o Y y 27 u 2 AC Pavement 130 TN -f f0. O D I j ( 70­0 3 Furnish and Install #6 Pullbox 4 EA $ b'00 , 0 0 rV 0 O 4 Adjust Manhole to Finished Grade 5 EA 99"0.0 o q. 760 5 PCC Curb and Gutter (Type A-2-8 100 LF 70. 0 C? � '( 00'0 6 Si nip and Striin I LS 13,00o S¢ 00'J 7 Traffic Control Work 1 I LS I tZS-o -0 2 5 0 0 Sample Task Order B - Concrete Paving Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy SO.O-J 927 500 2 PCC Sidewalk T=4" 2,500 SF I R. 0 0 -0Q 00 0 3 PCC Curb Ramp 3,000 SF 1 S 00 4(5-, 0 0 0 4 PCC Curb and Gutter (Type A-2-8) 100 LF q0, 0 a Ct tJ/ 0 0 5 Furnish and Install #6 Pullbox 4 EA 500. 00 O 0 0 6 Adjust Manhole to Finished Grade 5 EA SO. o 0 S�D 7 Catch Basin a `B," W=10' 1 EA 4 5, 0 0 0 .01 S n O J 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 250. 0 0 1 1 g 7 5-0 9 Guard Rail Replacement Caltrans RSP A77N4 50 LF lop. 0 D 0 Oo-0 10 Guard Rail Replacement Termination Caltrans 1 EA 00 v, o0 0 0-0 11 Remove and Replace Chain Link R/W Fence 5o LF o0 7 5-0 12 Concrete Barrier Type 836 Caltrans 50 LF , ! 0 0 50,000 13 Traffic Control Work I LS f2i S O-D CLt�L.p anti p 2 P ZU-1 Uti Addendum No. 2 Page 4 of 6 Sample Task Order C - Stormdrain Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy $0, 0 27 Sou 2 AC Pavement 130 TN ik70 0 3 Remove and Replace 18" Corrugated Metal Pipe (CMP) 75 LF 19.79 4 Remove and Replace 18" Reinforced Concrete Pie RCP 75 LF 2 7S. oP q0 5 Remove and Replace 30" Reinforced Concrete Pipe (RCP)75 LF il dw5- 6 CatchBasin T e'B,"W=10' 1 EA ��00 7Traffic Control Work I LS 50 0 �, S SURETY BOND For each Task Order Issued by Public Works Agency, the City may or may not require the Contractor to provide cash deposit or surety "Payment" and "Performance" bond. Depending upon the size, nature and risk of the work, the City may use the amounts specified by the "Greenbook," surface drainage or street improvement plan measurements, or the approved itemized cost for each On -call or Emergency Task Order to calculate bond amounts, if any. Task Order work shall be per the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. If required for a Task Order, the cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Proposal. For Task Orders, the City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. If so, the cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. CONTRACTOR RESPONSIBLITIES Contractor must be able to respond to City's request for emergency repair work on a timely and urgent manner. The contractor shall be available on an on -call basis, 24/7, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-8 or C34) Contractor's license and a City of Santa Ana Business License. M EXHIBIT 5 AGREEMENT TO PROVIDE ON -CALL CONSTRUCTION REPAIR SERVICES THIS AGREEMENT is made and entered into this 1st day of December, 2020 by and between Palp Inc. dba Excel Paving Company ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 22, 2020, the City issued Request for Proposal No. 20-106, by which it sought qualified contractors to provide on -call asphalt pavement, concrete pavement, and stormdrain repair services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in REP 20-106 and addenda thereto. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in REP No. 20-106 and addenda thereto, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four contractors selected to provide services on an on -call basis under RFP No. 20-106 and addenda thereto. The total compensation for any services provided by the contractors selected under REP No. 20-106 shall not exceed the shared aggregate amount of $900,000 during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of 2G_ 89 performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on November 30, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Ifthe services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to 2G'JU Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. hi accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled 28G] M or reduced in coverage or changed in any other material aspect, by contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS 2G `` 1k Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Palp Inc. dba Excel Paving Company 2220 Lemon Avenue Long Beach, CA 90806 Attn: Curtis P. Brown III, President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. hi the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 2GG'� J4 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. hi such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, 2G M permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: V, ly'. JdKn M. Funk Assistant City Attorney Nabil Saba, PE Executive Director Public Works Agency Kristine Ridge City Manager Curtis P. Brown, III President, PALP Inc. DBA Excel Paving Company EXHIBIT Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES RFP NO.: 20-106 The City of Santa Ana (City) desires to enter into an agreement with a qualified construction company for the repair of roadway asphalt concrete and concrete, underground, storm drain, and/or other infrastructure within the public right of way (with the exception of water and sanitation systems) that may experience failures within the term of the agreement on an on -call and emergency work for general improvements, on an as needed, Task Order basis. Ancillary related work includes, but is not limited to, occasional replacement traffic pavement markings and sign replacements and related support services and paid for as described in Section I.A. "Nature of Work." The purpose of this request for proposals is to obtain qualified construction firms to augment the City's capacity to perform emergency roadway and storm drain repair water service in the event of system failures. DESCRIPTION OF WORK The scope of work will vary per Task Order within the public right-of-way. It may include, but not be limited to, the procurement and/or removal of materials, excavation, installation, backfill, compaction, grading, sidewalk and paving, curb and gutter, fencing, guardrail, barrier, catch basins, removing and/or replacing pipe and related appurtenances, conduits, wiring, and pavement markings, signs, sign posts and miscellaneous other street fiumiture, and repairing various items within the public right-of-way, traffic control, mobilization, compliance with this agreement and all other work necessary to complete on -call emergency Task Orders specified per incident. The work completed shall be in compliance with the City's Standard Plans, Caltrans Standard Plans and the "Greenbook" and Caltrans' Standard Specifications and as specified in this agreement. Work shall also be in compliance with the City's Standard Plan No. 1160, "Street Work and Utility Permit General Provisions." F.FP 20-106 -1 QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER) For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I.A. "Nature of Work." Sample Task Orders for Asphalt Concrete and Concrete roadway and sidewalk and Stormdrain public right-of-way related work are, respectively: Sample Task Order A - Asphalt Concrete Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 CI' 2 AC Pavement 130 TN 3 Furnish and Install 46 Pullbox 4 EA 4 Adjust Manhole to Finished Grade 5 EA 5 PCC Curb and Gutter (Type A-2-8 100 LF 6 Signing and Striping 1 LS 7 Traffic Control Work 1 I LS Sample Task Order B - Concrete Paving Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy 2 PCC Sidewalk 17=4" 2,500 SF 3 PCC Curb Ramp 3,000 SF 4 PCC Curb and Gutter (Type A-2-8 100 LF 5 Furnish and Install 46 Pullbox 4 EA 6 Adjust Manhole to Finished Grade 5 EA 7 Catch Basin (Type `B," W=10' 1 EA 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 9 Guard Rail Replacement Caltrans RSP A77N4 50 LF 10 Guard Rail Replacement Termination Caltrans 1 EA 11 Remove and Replace Chain Link R/W Fence 50 LF Concrete Barrier Type 836 Caltrans 50 LF H112 3 Traffic Control Work 1 LS K8151ly Sample Task Order C - Stormdrain Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 CZ' 2 AC Pavement 130 TN 3 Remove and Replace 18" Corrugated Metal Pipe (CMP) 75 LF 4 Remove and Replace 18" Reinforced Concrete Pie(RCP) 75 LF 5 Remove and Replace 30" Reinforced Concrete Pipe (RCP) 75 LF 6 Catch Basin (Type `B," W=10' 1 EA 7 Traffic Control Work I LS For each Task Order Issued by Public Works Agency, the City may or may not require the Contractor to provide cash deposit or surety "Payment" and "Performance" bond. Depending upon the size, nature and risk of the work, the City may use the amounts specified by the "Greenbook," surface drainage or street improvement plan measurements, or the approved itemized cost for each On -call or Emergency Task Order to calculate bond amounts, if any. Task Order work shall be per the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. If required for a Task Order, the cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Proposal. For Task Orders, the City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. If so, the cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. CONTRACTOR RESPONSIBLITIES Contractor must be able to respond to City's request for emergency repair work on a timely and urgent manner. The contractor shall be available on an on -call basis, 24/7, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-8 or C34) Contractor's license and a City of Santa Ana Business License. K81sul� 1. Street work shall be required to be performed by a licensed contractor for any and all the work in the public right of way. The contractor must provide the following prior to initiating Task Order work. a. A City of Santa Ana business license. b. A Certificate of Insurance of general liability containing requirements as set forth by the City Attorney and per the Standard Agreement. c. A Contractors license (with appropriate classification). d. Proof of Worker's Compensation Insurance. 2. Provide BMPs and/or erosion control plans for planned Task Order work unless directed otherwise by the City: 3. If required, the Contractor shall submit, for review and approval, a surface drainage/grading/erosion control plan, prepared by a registered civil engineer, showing the direction and means of flow within the street. Any Subcontractors intended to be used, shall be listed in the proposal. Any additional subcontractors that may become necessary, shall require approval by the City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. PAYMENT AND INVOICING: Selected Contractor shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the REP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for any assigned Task Orders • All plan check coordination within the City • Construction administration • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards), if needed KINDIM • Electronic files for title sheets and sheet borders, if needed DEFINITION OF ITEMS (SAMPLE TASK ORDERS A. B & Cl: The unit prices paid for the items listed in the Contractor's Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to APWA's 2012 Greenbook spec cations. Each Sample Task Order's work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, ifgranted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Ordergranted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals. Sample Task Order A Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. Pz81sul� Item No. 3- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Signing & Striping The work under this item for Signing and Striping shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Signing & Striping shall be at the contract Lump Sum listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, disposal of all removed materials and incidentals as required and no additional compensation will be allowed therefore. 015161-1 Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Sample Task Order B Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation Item No. 2 - PCC Sidewalk (T=4") The work under this item consists of grading, compacting subgrade, and constructing 4-inch thick PCC Sidewalk shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways," of the Standard Specifications, plans, and contract document specifications. Payment for PCC Sidewalk (T=4") shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including famishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for thickness (T=6") shall be paid 1.5 times the unit price. Item No. 3 - PCC Curb Ramp The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb Ramp shall be at the contract unit price bid per Linear Foot as listed in the Fee K81511l1-i Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including famishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 7- Catch Basin (Type `B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. K8151111-i Item No. 8 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 9 — Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore. Item No. 10 - Guard Rail Replacement Termination (Caltrans) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement Termination (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement Termination (Caltrans) shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail termination, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail termination, foundation preparation, and no additional compensation will be allowed therefore. Item No. 11— Remove and Replace Chain Link R/W Fence The work under this item consists of grading, compacting subgrade, and construction of foundations to support the posts for Remove and Replace Chain Link Fence and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curb, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and Section 304-3 "Chain Link Fence" of the Standard Specifications any City Standard Specifications, plans, and/or any City's Special Provisions/Contract KINIIII-i Documents provided by the City for each Task Order. Payment for Remove and Replace Chain Link R/W Fence shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing chain link fence (and posts/foundations), furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 12 —Concrete Barrier Type 836 (Caltrans) The work under this item consists of grading, compacting subgrade, and removing and/or construction Concrete Barrier Type 836 (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," Caltrans Standard Specifications, any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Concrete Barrier Type 836 (Caltrans) shall be at the contract unit price bid per Lineal Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing concrete barrier or other appurtenances, furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 13 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Sample Task Order C Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. K81sul� Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. Item No. 3 — Remove and Replace 18" Corrugated Metal Pipe (CMP) The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18" Corrugated Metal Pipe (CMP) and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 18" Corrugated Metal Pipe (CMP) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 4 — Remove and Replace 18" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 18" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 18" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 5 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. 7FP 20-106 -11 Item No. 6- Catch Basin (Type `B," W=10') The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type "B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. PUNIIII-i EXHIBIT B PALP INC. DBA EXCEL PAVING COMPANY QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER) For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I.A. "Nature of Work." Sample Task Orders for Asphalt Concrete and Concrete roadway and sidewalk and Stormdrain public right-of-way related work are, respectively: Sample Task Order A - Asphalt Concrete Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy $195 $107,250 2 AC Pavement 130 TN $150 $19,500 3 Furnish and Install #6 Pullbox 4 EA $800 $3,200 4 Adjust Manhole to Finished Grade 5 EA $900 $4,500 5 PCC Curb and Gutter (Type A-2-8 100 LF $120 $12,000 6 Signing and Striping 1 LS $7 000 $7,000 7 Traffic Control Work 1 LS $34,0001 $34,000 Sample Task Order B - Concrete Paving Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 Cy $195 $107250 2 PCC Sidewalk T=4" 2,500 SF $16 $40,000 3 PCC. Curb Ramp 3,000 SF $42 $126,000 4 PCC Curb and Gutter jype A-2-8 100 LF $120 $12,000 5 Furnish and Install #6 Pullbox 4 EA $800 $3 200 6 Adjust Manhole to Finished Grade 5 EA $900 $4,500 7 Catch Basin (Type °B," W=10') 1 EA $12,000 $12,000 8 Remove and Replace 30" Rebiforeed Concrete Pie 75 LF $340 $25,500 9 Guard Rail Replacement Caltrans RSP A77N4 50 LF $123 $6,150 10 Guard Rail Replacement Termination Caltrans) 1 EA $8,200 $8,200 11 Remove and Replace Chain Link R/W Fence 50 LF $100 $5,000 12 Concrete Barrier Type 836 Caltrans) 50 LF $500 $25,000 13 Traffic Control Work 1 LS $43,000 $43,000 CityLL MAIP 20-106 agg�E}}�VII Addendum No. 2 Page 4 of 6 Fff Sample Task Order C - Stormdrain Item Description Qty Unit Unit Price Total 1 Unclassified Excavation 550 Cy $195 $107,250 2 AC Pavement 130 TN $150 $19,500 3 Remove and Replace 18" Corrugated Metal Pipe (CMP) 75 LF $310 $23,250 4 Remove and Replace 18" Reinforced Concrete Pie(RCP) 75 LF $320 $24,000 5 Remove and Replace 30" Reinforced Concrete Pipe (RCP) 75 LF $340 $25,500 6 Catch Basin Jype"B," W=10') 1 EA $12,000 $12,000 7 Traffic Control Work 1 LS $35,000 $35,000 For each Task Order Issued by Public Works Agency, the City may or may not require the Contractor to provide cash deposit or surety "Payment" and "Performance" bond. Depending upon the size, nature and risk of the work, the City may use the amounts specified by the "Greenbook," surface drainage or street improvement plan measurements, or the approved itemized cost for each On -call or Emergency Task Order to calculate bond amounts, if any. Task Order work shall be per the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. If required for a Task Order, the cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds shall not be required at the time of the submittal of RFP Proposal. For Task Orders, the City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. If so, the cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. CONTRACTOR RESPONSIBLITIES Contractor must be able to respond to City's request for emergency repair work on a timely and urgent manner. The contractor shall be available on an on -call basis, 2417, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor's repair crews must be able to arrive at job site within $ hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-$ or C34) Contractor's license and a City of Santa Ana Business License. M lJ q w ti Ui 0 U�syssry .+ O\ N O- h sgv3v3 [^ O c��,�C7C7 a o O H dAUUa� w°°t°w° O o 0 hC� V3 0 0 69 0 O OMi b4 0 o O+ b5 0 0 OOi isj 0 0 O bR 0 0 C b9 0 G? V b3 0 O O b9 0 O N'o fA 0 O 64 00 O 6R O -�r V3 0 O FR 0 O 0 64 0 o 0 b9 • C H C, �q Q 1E, o 'CE! w a � v .Q c �❑ q � ��a � � � 0 � 'iy 0 aai S, S, o 0 0.1 h a d s� a a a a❑ ON ON ,,S.q� yya oN V � A� o U �i eC ti ti� ti ff H H J U VI N iZ o 0 a o 0 a o 0 0 0 0 0 0 o a o 01 N 'O 'o O Oi 00 N vi O O ,O ay 4 tl U Ef3 H% E/% iA Efi 44 69 69 64 &4 H3 fH � Vi 69 6R [� a � b vy ct' M F •a N � U pp+ ��j CUl CUJ CUyI E 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � Oi OY c+i dl KV h 7 h O b4 h O V1 vi d' O V7 O M O .O vi oo oo lO O w vi w O V �r\ h gGosussssAaveves 6q �q'sssv 6o)Gnva E nn a a Ty 0 O U G � •�.• a y�OO � cn N Ey bA � v�i O O i/7 `.7 W H O"°'w ��a��aawwww'"ww v � o N 0 0 0 0 0 0 C CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all hiAer subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: PALP, INC DBA EXCEL PAVING Business Address: LONG BEACH CA 90808 Business E-Mail Address: a_stlmasing(dtexoeloav� Telephone: 8F9) rgg_5841 STATE LIC# 688659 State Contractor's License No. and Class: a C.19 (::11 License Expiration Date: State Dept. of Industrial Relations (DIR) Registration No.: 0005331 State Dept. of Industrial Relations (DIR) Registration Expiq�on Date: i017) I Z�- Signed: Title: /Curtis P. Brown III President PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. PAIP, INC DBA Name of Firm Fxf,pl PAUJNC 1h1P^NY Signature of CONTRACTORGL _ Title CrUrtis P. Brown III (if an individual, so state) City of Santa q�Ana .RFFP 20-106 25VaG 1J OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA } COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Curtis P. Brown 111 being duly sworn, deposes and says: ❑ INDIVIDUAL That be/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- partnership by: who constitute the other members of the co -partnership. CORPORATION That be is of: Pi3.;=E tT PALP, N0 D9 A EXCU-RAVING �IMPrtiNY — a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or y other person. Curtis P. Brown III President Si ature of CONTRACTOR Subscribed a d swgrn to before me this day of WT - t 2iP111 20 _ Signature of officer ministering Oath (Notary Public) PHILLIPS COMM.#2170177 n Notary Public -California p ° LOS ANGELES COUNTY n MY Comm. Expires Oct 29,2020 City of Santa Ana RFP 20-106 25G_021It LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the proposal/bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '!2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). CONTRACTOR proposes to subcontract certain portions of the work to the firms listed below: Name License DIR Rel Locatior Phone Type Of Amount $ Name 0 _(k L .- Styr De - License #/Exp. (QAS387 t DIR Reg. #/Exp. 1000W11 �p License # Location Phone Type Of Work SN` Amount $ 1%11\ Name License #/ �p. Ok&l ly DIR Reg. #/Exp. I., �Allar�lja License # 01 Location A&Q LA Phone 6,111 Type Of Work C!TaUrA Amount $ !Nb Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location _ Phone Type Of Work Amount $ Curtis P. Brown tll Signature of CONTRACTOR resident City of Santa Ana RFP 20-106 25(; TZ%.1'5' Addendum No. 2 Page 5 of 6 The following are the names, addresses, and telephone numbers for THREE public agencies for which the CONTRACTOR has performed similar work within the past three years. FM 3. Name and Address of Owner. Name and Telephone Number Contract Amount Name and Address of owner. person familiar with project. Type of Work and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds from for Task Orders. i2o Varl � r �yc. Aso Un Ca go m � � e- I`• f0 � F h �- O 999U���. W MMNH....M..NNH'.W NH MN.....M...M...N..H...M Q.. .= h ' �a�Vj3 � ��O- (��!-3] ��p-3 �- {�y�-� 5a�y m RUSH.- .....d .Y CM1l m f3 �F �� m O m a� m O O O d 1 9® m 4 P 4 F WF _ F- _ h O h m FINE mmmmmwww w wmwwwW a�.�;aaa2�mg -- 110 o o-og roQ smm Igs_ s s ew 11 99,has MR Eym_N�c'S Eai Oo WC -- 'm3a 6-g�8as .6c9 2M1. t �Nf6` y O O �tp+•, � Q�'r � ` FV F d ft han � t7a t0 }off �i 2+! � 4+]^��? nimBN+bOi �+85��m.�.��i`�w rn�'w.mrnw,rnmS M�S'+rn��i'I o.mrnm A'8+W m mm C m m �tq+6-tFJ V N Ni N 5 N WIN 2m' (.� (� K 'Ti t0 VJ W'i m N S y V m m g m m —2� �LL>0�LL m jaw aw Qy�a�'P u'c.��z �°' owwui ai '8 -r on Ki `v m Q.i o+� : m�`� My � YuENin8,',Tml nJ 30 �s���Iuia °a� GPI q 12 @ I G tLL E, (�v.' ui ¢ per r� Z'• 9E�, 4 rm �' m E `� Em_ 6 ¢ �'=P C7 '� '¢ Ilm�� ° bE w�ng<n 8 g � 4 iTi»Fl e'n N �mw;0 po v�¢<na���g>�i��m m��N N N F m W m d N M AM Concrete REFERENCES. (CONTINUED) Addendum No. 2 Page 6 of 6 The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past five years. 1 City of Redondo Beach, 415 Diamond St, Redondo Beach, CA 90277 (310)372-1171 Name and Address of Owner. Name and Telephone Number of person familiar with project. $920,749.25 curb gutter sidewalk access ramp Contract Amount Type of Work on going Date Completed 2 City of Santa Monica, 1437 4th St Suite 300, Santa Monica, CA 90401 (310)458-8411 Name and Address of owner. Name and Telephone Number of person familiar with project. $69,878.45 curb, gutter, x gutter, sidewalk, driveway Contract Amount Type of Work 4/17/2020 Date Completed 3. City of San Clemente, 910 Calle Negocioi St 100, San Clemente, CA 92673 (949)361-8200 Name and Address of owner. Name and Telephone Number of person familiar with project. $65,739.00 Contract Amount curb, gutter, sidewalk curb ramp Type of Work 7/30/2019 Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds from for Task Orders. Alliant Insurance Services, Inc. 333 S. Hope St Suite 3750, Los Angeles, CA 90071, Michelle Stevens Venbrook, 11512 El Camino Real, Suite 120, San Diego, CA 92130, Brooke LaFrenz (858)764-7447 Ace Fence The following are the names, addresses, and telephone numbers for TIME public agencies for which the SUBCONTRACTOR has performed similar work in the past five years. 1, Metro Transportation Authority - 1 Gate Plaza Los Angeles Ca. Name and Address of Owner. Helario Rommel - 231-922-4654 - Helario@metro.net Name and Telephone Number of person familiar with project. 3Milliom Plus On Call - Fencing, Services & Maintenance 2016-2018 - extended 2020 Contract Amount Type of Work Date Completed 2. City of Long Name and Address of owner. Frank Neely - 562-570-5419 - frank.neely@longbeach.gov Name and Telephone Number of person familiar with project. On Call - Fencing, Services & Maintenance 2018-2020 Contract Amount Type of Work Date Completed 3. Caltrans Dist, 12 Name and Address of owner. Name and Telephone Number of person familiar Contract Amount On Call - Metal Beam Guardrail Maintenance 2018-2020 Type of Work Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds from for Task Orders. Atlantic Specialty Insurance Company- 77 Water Street 17th Floor New York 952-852-2431 HUB international Insurance Services Inc. 4695 MacArthur Court Suite 600 949-623-1036 Pita Cal -Stripe REFERENCES. (CONTINUED) ITYMMMMI. r .ra The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past five years. 1. 6&r-kn C% 44wA7wAoP �( n+snn� ✓r Name and Address of Owner. 7 F-k-I r,e,.(t; Name and Telephone Number of person fariliar wl 43Z7- ( 52L. -- 'S�Z' � Sr Contract Amount TvDe of Wo 2. C;t cf-- r it,v, z _) Name and Address of owner. Name and Telephone Number of person familiar, with project Contract Amount Type of Work 3. ckk� 04` 6Artc�k�t-- zuzo Address of owner. r- It Cvv" lsitra� — rib t - fzl>-Wxxd Name and Telephone Number of person familiar with project. Contract Amount Type f Work a Sa @ sv-i t"-j Date Completed Peo !0� 2s+iGt Date Completed R�Icb�\ 10 i'L.o10 Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties firom whom CONTRACTOR intends to procure insurance and bonds from for Task Orders. pt-!C iry: . t C_ . 0 - SIWl - I NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the CONTRACTOR declares that the this Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the CONTRACTOR has not directly or indirectly induced or solicited any other CONTRACTOR to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any CONTRACTOR or anyone else to put in a sham Proposal, or that anyone shall refrain from submitting a Proposal; that the CONTRACTOR has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Fee Proposal costs of the CONTRACTOR or any other CONTRACTOR, or to fix any overhead, profit, or cost element of the Fee Proposal, or of that of any other CONTRACTOR, 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 Proposal are true; and, further, that the CONTRACTOR has not, directly or indirectly, submitted his or her Proposal 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, Proposal depository, or to any member or agent thereof to effectuate a collusive or sham Proposal. Note: The above Non -collusion Affidavit is part of the Proposal. CONTRACTORS are cauti ed that making a false certification may subject the certifier to criminal prosecution. Curtis R Brown rrl Signed 40L-.. president State of California County of 1_OS.Ange6s Subscribed and s ggrn to (or affirmed) before me on this ��Z y day of 20_, by Curtis P. Brown,10- proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary PuAlic Signature Notary Public Seal C. PHILLIPS COMM. #21701.77 rr `"'Qu Notary Public -California X LOS ANGELES COUNTY LL My COMM. Expires Oct 29, 2020 NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this Proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her Proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such suZMZIL— A;urtis'shall certify and disclose accordingly. Signed: 9P� brown prod Title: PALP, INC CBA Firm: EXCEL PAVING CCiv1PAW Date: OCT -1 MO City of Santa AnayyRFFP 20-106 25Va-LLL NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24,1965, and such other sanctions maybe imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana RFP 20-106 25G�2"3' 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stars. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section ' subject to all the penalties imposed for a violation of the Chapter. Signed: Title: �--- urtis P.Brawn III President PAI_ty, INZ Firm: EXCtL PAVING COMPANY Date: City of Santa Ana RFP 20-106 25Gt224? STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned CONTRACTOR is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council, Signed: Title: Cu is P. Brown III President PALL, INC DSA Firm: FXff PAVING C(DMR. r1y City of Santa Ana RFP 20-106 25^`V26' The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, t give up any part of the compensation to which he/she is otherwise entitled. Signed: (� !/L_ 4a— Title: urtis P. Brown III President PALP, IN— DBA Firm: €#f PI- PANIJT IG cc)namy Date: City of SantaAnaRFP 20-106 25VaaGLv""g PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the CONTRACTOR shall complete, under penalty of perjury, the following questionnaire: Has the CONTRACTOR, any officer of the CONTRACTOR's organization, or any employee of the CONTRACTOR's Company who has a proprietary interest in the CONTRACTOR, ever been disqualified, removed, or otherwise prevented from proposing/bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No ✓/ If the answer is yes, explain the circumstances in the following space 1"� STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned CONTRACTOR, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: httn://www.santa-ana.orglpwa/documents/CWA.12df The undersigned CONTRACTOR hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, CONTRACTOR will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. Public Works Construction Permit: The Contractor may be required to obtain a Public Works Construction Permit if the CWA thresholds for a Task Order are met or exceeded as described in this RFP's Section III.E "Licenses & Permits." The undersigned has reviewed and understands that a Public Works Construction Permit for CWA administration fees and deposit that may be required as described in this RFP's Section IILE "Licenses & Permits." Signed: urtis P. Brown M President Title: Firm: EXCEL PAVING CC?tv1P N'' Date: OCT -1 2020 City of Santa AAnnaa RRFP 20-106 25 Var2286 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Phil Bacerra Nelida Mendoza David Peneloza Vicente Sarmiento Jose Selene CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 M-22 Santa Ana, California 92702 www.santa-ana.oro October 6, 2020 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez SUBJECT: RFP NO. 20-106: ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES The following changes/clarifications have been made to the above Request for Proposal: 1. QUESTIONS/ANSWERS QUESTION #1: This question is in regards to license requirements. PlanetBids description states... "Class (A, C- 8 or C34).a RFP page 2 of 55 states in bold "Class (A or C34 & C-10). Which would be the correct requirement? ANSWER: Class (A, C-8 or C34). See attached Addendum #1 where Page 2 of the RFP is replaced with the attached with the only update to clarify the licenses required. All other terms and conditions of the RFP remain unchanged. If you have any further questions, please post on Planetbids. Monica M. Suter Senior Civil Engineer Attachment: Addendum No. 1 SANTA ANA CITY COUNCIL Mlgual A. Pultdo Jusn Uilegas Vicenie Sarmiento David Penaloza Jose solorm Phil Bacerta Nelida Mendoze Mayor Mayor Pro Tom, Ward 5 Wank f1 V WSW WSW WSW v llenasayaantaana Ora �arnientnrm� Waasnefirsanta-ana or nme,ofioolsantaana am MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villages COUNCILMEMBERS Phil Bacerra Nelida Mendoza David Fanaticize Vicente Sarmiento Jose Solorio CITY 4F SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 M-22 Santa Ana, California 92702 www.santa-ana.oro October 12, 2020 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez SUBJECT: RFP NO. 20-106: ON -CALL EMERGENCY ASPHALT CONCRETE, CONCRETE AND STORMDRAIN REPAIR SERVICES The following changes/clarifications have been made to the above Request for Proposal: 1. The new Bid Closing Date is: Tuesday, October 20, at 11:00 am (both electronic and hard copy); 2. The new deadline for questions and clarifications is: Thursday, October 15, 2020. 3. Six Pages of the RFP have been replaced: The Cover Page, Notice Inviting Proposals, Page 14 and Page A1-3, Al-27 and Al-26, see attached. 4. Clarifications: a. There is NO BID BOND REQUIRED FOR THIS SUBMITTAL --see updated RFP No. 20-106 (including replaced pages). b. This project is unique as an RFP for On -call Construction/Repair Services for the City on an As -needed, On -call and Emergency basis. c. The Separate FEE PROPOSAL information is mainly for comparison/evaluation purposes along with the schedule of rates per firm as required in the RFP. d. For work required, companies will be asked for a specific quote from each of the qualified firms with agreements per category. Following a comparison of each on -call or emergency service repair quote received, the City will issue a Notice to Proceed on a Task Order basis, as required. All other terms and conditions of the RFP remain unchanged. Any additional Monica M. Suter Senior Civil Engineer Attachment: Addendum No. 2 SANTA ANA CITY COUNCIL Miguel A. Police Juan Villegas Vicente Saran. 2 5 G mZ*M Jose Solorio Phil Bacerra halide Manama Mayor Mayor Pro Tern, Ward 5 Ward 1 Ward 2 WaM 3 Ward 4 Ward S moulldoRsanta-anaem inlleaasGasanta-anaoro v armientodaanta-aua.org d I A t - lsoloro®santa-araom pbacerraktorta.aaaom nmendoza,as�nta-ana.ora Appendix ATTACIMENT3 CERTIFICATIONS • Contractor's Licensing and Registration Statement • Prevailing Wage Compliance and Monitoring Statement • Ownership Affidavit • List of Sub -contractors (If included) • References • Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification • Statement Regarding Apprenticeship Requirements • Statement Regarding "ANTI -KICKBACK" Requirements • Public Contract Code Section 10162 Questionnaire • Statement Regarding Community Workforce Agreement (CWA) Requirements City of Santa Ana RFP 20-106 25(;!2312