HomeMy WebLinkAboutPAULUS ENGINEERING, INC. (3)a4>1,�UPIANCE ON FILE
40RK MAY NOTO PROCEED
CLERK OF COUNCIL
DATE: 1219VOvAD
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A-2020-245-02
L , V1. AGREEMENT TO PROVIDE ON -CALL CONSTRUCTION REPAIR SERVICES
THIS AGREEMENT is made and entered into this 1st 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
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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
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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 trader 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, orequivalent 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
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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 filly 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.
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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
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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
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
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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.
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A-2020-245-02
20. PROFESSIONAL LICENSES
Contractor shall, throughout the teen 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:
Caisy Gomez
lerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By: ')It,.
J hn M. Funk
Assistant City Attorney
FOR APPROVAL
9 `N-
Nabil Saba, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
--6-
Kristine Ridge
City Manager
CONTRACTOR
Paulus Engineering, Inc.
Nam, : Jason Paulus
Title: President
Page 8 of 8
Appendix
ATTACHMENT
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 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
Page At-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
Cy
2
AC Pavement
1301
TN
3
Furnish and Install 96 Pullbox
4
1 EA
4
Adjust Manhole to Finished Grade
5
EA
5
PCC Curb and Gutter (Type A-2-8)
too
LF
6
Signing and Striping
l
LS
7 1
Traffic Control Work
I
LS
Sample Task Order B - Concrete Paving
Item
Description
Qty
Unit
Unit Price
Total
I
Unclassified Excavation
550
CY
2
PCC Sidewalk (T=4")
2,500
SF
3
PCC Curb Ramp3,000
SF
4
PCC Curb and Gutter (Type A-2-8)
too
LF
5
Furnish and Install #6 Pullbox
4
EA
6
Ad -just Manhole to Finished Grade
5
EA
7
1 Catch Basin (Type `B," W=10' )
I
EA
8
Remove and Replace 30" Reinforced Concrete Pi
75
1 LF
9
Guard Rail Replacement Caltrans RSP A77N4)
50
FLF
10
Guard Rail Replacement Termination (Caltmns)
1
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
LS
City of Santa Ana RFP 20-106
Page Al-2
Sample Task Order C - Stormdrain
Item
Description
P
Qty
Unit
Unit
Price
Total
1
Unclassified Excavation
550
Cy
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')
I
EA
7
1 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 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
Page Al-3
I . 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°/u) 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
Page Al-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
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 Order granted
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
Page Al-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.
City of Santa Ana RFP 20-106
Page Al-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 ('I'=411)
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
Page Al-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 constricting 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, Caltmns 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. 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 fill 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
Page Al-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 frill 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
Page Al-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.
City of Santa Ana RFP 20-106
Page Al-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.
City of Santa Ana RFP 20-106
Page Ai-11
Item No. 6- 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.
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
Page Al-12
fll1lllS rl1fr1110C1'hllr TIID TIMEB MATERIAL WORKSHEE7 TM No, qy �y I I�
Job No, X 9 2
Customer. Protect
WorkAulhodzed byr Work Date::
gese-dDryo Foreman:
Prevailing
OTY I LABOR
REG HRS I Orr HRSj D81. TM HRSj
REG RATE
I OR RATE
I DEL TM RATE
I REG TOTALI
01T TOTAL
BL TM TOTAL
Laborer
$ 78.42
$ 117.63
It 156,84
$ -
S -
$
Pipelayer
$ 83.72
$ 125.68
$ 167.44
$ .
$ -
$
Operator
$ 96.59
$ 144.89
$ 193.18
$ .
S -
It
Track Driver
$ 96.59
$ 144.89
$ 193.18
$ -
$ -
$
Foreman
$ 107.38
$ 161.07
$ 214.76
$ -
$
It
Superintendent
$ 120.68
$ 180.87
$ 241,16
$ -
$ -
$
Subtotal
$
$
$
Mark Up %
15%
$ -
$ -
$ -
TOTAL $ $ $
QTY BARE EgUIPMENT AMT.
UNR
TOTAL
Cat 345 Excavator
MR
§
225.00
§ -
Compaction Wheel
MR
$
45.00
$ -
Hitachi 4001450 Excavator
MR
$
185,00
$ -
Compaction Wheel
MR
$
40,00
$ -
Cat 2401330-Yutan1320 Excavator
MR
$
140.00
$ -
Compaction Wheel
HR
$
40,00
$ -
Cat 962 Wheel Loader
MR
$
127.00
$ -
Cat 950 Wheel Loader
MR
$
110.00
$ -
Lowbed Traclorrrm ler
MR
S
95.00
$ -
Cat Backhoe
MR
S
88.00
$ -
CompacllonWheetofBreBker
MR
$
30,00
$ -
Boom Track
MR
$
52.00
$ -
SuperlODumpTmck
MR
$
125.00
$
6 Wheel Dump Track
MR
$
52.00
$ -
6Wheel Flat Bed Track
MR
$
45.00
$ -
Roller
MR
$
65.00
$ -
CrewTruckwim Tools
MR
$
40.00
$
Delivery Track
MR
$
35.00
$
Vactorlaump Truck
MR
It
220.00
$ -
Mien Tools
Shoring Jacks - per each
Day
$
13.00
$ -
TrenchPlates- per each
Day
$
13.00
$ -
Trench Shield
Day
S
158.00
$ -
Manhole Shield
Day
3
99.00
It -
3"PumpedConneclors
Day
$
109.00
$ -
K-Rae
LF
$
18.00
It -
Generator
Day
$
92.00
$
At -Compressor
Day
$
135.00
$
Air Slower
Day
$
70.00
$ -
ConSned Space Equipment
Day
$
768.00
$ -
Gas Detection Equipment
Day
$
69.00
$ -
Traffic Arrow Board
Day
$
125.00
$ -
TrafficBardcades
Day
$
2.25
$ -
TraficConesl0elinealore
Day
S
2.25
$ -
Walk Behind Vibratory Plate
Day
$
81.00
$ -
MlscSmallTools
Day
S
76A0
$ -
Subtotal
$
Mark Up%
15%
$ -
TOTAL $
AMT MATERIAL. SUBCONTRACT MISC Unit TOTAL
g
S -
S -
Subtotal g
Mark Up% 15% S -
TOTAL $
Total Overhead / Profit
TOTAL WORKSHEET $
Paulus IEngineerin Knee
12-opt-20
Task Order C PA IJ Lam° ��°)
BID DESCRIPTION QUANTITY TOTAL BID
ITEM
Storm Drain UNIT TOTAL
1 Unclassified Excavation
2 AC Pavement
3 Remove & Replace 18" CMP <8' Deep
4 Remove & Replace 18" RCP <8' Deep
5 Remove & Replace 30" RCP <8' Deep
6 Catch Basin Type W=10'
7 Traffic Control
550 Cy
130 EA
75 EA
75 EA
75 EA
1 EA
1 LS
$45.00
$180.00
$200.00
$225.00
$375.00
$16,000.00
$5,000.00
$24,750.00
$23,400.00
$15,000.00
$16,875.00
$28,125.00
$16,000.00
$6,000.00
Subtotal Storm Drain
$129,160.00
TOTAL PROPOSAL
$129 150.00
Task Order C